[Congressional Record Volume 166, Number 218 (Monday, December 21, 2020)]
[House]
[Pages H7323-H7878]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             UNITED STATES-MEXICO ECONOMIC PARTNERSHIP ACT

  The text of the House amendment to the Senate amendment to the text 
is as follows:

       In lieu of the matter proposed to be inserted by the 
     Senate, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Consolidated Appropriations 
     Act, 2021''.

     SEC. 2. TABLE OF CONTENTS.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Adjustments to compensation.
Sec. 8. Definition.
Sec. 9. Office of Management and Budget Reporting Requirement.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

Title I--Agricultural Programs
Title II--Farm Production and Conservation Programs
Title III--Rural Development Programs
Title IV--Domestic Food Programs
Title V--Foreign Assistance and Related Programs
Title VI--Related Agency and Food and Drug Administration
Title VII--General Provisions

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2021

Title I--Department of Commerce
Title II--Department of Justice
Title III--Science
Title IV--Related Agencies
Title V--General Provisions

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021

Title I--Military Personnel
Title II--Operation and Maintenance
Title III--Procurement
Title IV--Research, Development, Test and Evaluation
Title V--Revolving and Management Funds
Title VI--Other Department of Defense Programs
Title VII--Related Agencies
Title VIII--General Provisions
Title IX--Overseas Contingency Operations

     DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2021

Title I--Corps of Engineers--Civil
Title II--Department of the Interior
Title III--Department of Energy
Title IV--Independent Agencies
Title V--General Provisions

 DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2021

Title I--Department of the Treasury
Title II--Executive Office of the President and Funds Appropriated to 
              the President
Title III--The Judiciary
Title IV--District of Columbia
Title V--Independent Agencies
Title VI--General Provisions--This Act
Title VII--General Provisions--Government-wide
Title VIII--General Provisions--District of Columbia
Title IX--General Provision--Emergency Funding

  DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021

Title I--Departmental Management, Operations, Intelligence, and 
              Oversight
Title II--Security, Enforcement, and Investigations
Title III--Protection, Preparedness, Response, and Recovery
Title IV--Research, Development, Training, and Services
Title V--General Provisions

   DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2021

Title I--Department of the Interior
Title II--Environmental Protection Agency
Title III--Related Agencies
Title IV--General Provisions

   DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

Title I--Department of Labor
Title II--Department of Health and Human Services
Title III--Department of Education
Title IV--Related Agencies
Title V--General Provisions

        DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

Title I--Legislative Branch
Title II--General Provisions

   DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2021

Title I--Department of Defense
Title II--Department of Veterans Affairs
Title III--Related Agencies
Title IV--Overseas Contingency Operations
Title V--General Provisions

   DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2021

Title I--Department of State and Related Agency
Title II--United States Agency for International Development
Title III--Bilateral Economic Assistance
Title IV--International Security Assistance
Title V--Multilateral Assistance
Title VI--Export and Investment Assistance
Title VII--General Provisions
Title VIII--Nita M. Lowey Middle East Partnership for Peace Act of 2020
Title IX--Emergency Funding and Other Matters

DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2021

Title I--Department of Transportation
Title II--Department of Housing and Urban Development
Title III--Related Agencies
Title IV--General Provisions--This Act

DIVISION M--CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS 
                               ACT, 2021

         DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

            DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

Title I--Immigration Extensions
Title II--Commission on Black Men and Boys Corrections
Title III--U.S. Customs and Border Protection Authority to Accept 
              Donations Extension
Title IV--Livestock Mandatory Reporting Extension
Title V--Soil Health and Income Protection Pilot Program Extension
Title VI--United States-Mexico-Canada Agreement Implementation Act 
              Technical Corrections

[[Page H7324]]

Title VII--Deputy Architect of the Capitol Amendments
Title VIII--Pandemic Response Accountability Committee Amendments
Title IX--Adjustment of Status for Liberian Nationals Extension
Title X--Clean Up the Code Act of 2019
Title XI--Amendments to Provisions Relating to Child Care Centers
Title XII--Alaska Natives Extension
Title XIII--Open Technology Fund Opportunity to Contest Proposed 
              Debarment
Title XIV--Budgetary Effects

     DIVISION P--NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020

  DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY

 DIVISION R--PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING 
                           SAFETY ACT OF 2020

               DIVISION S--INNOVATION FOR THE ENVIRONMENT

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

   DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

     DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

    DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

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

            DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT

                     DIVISION Z--ENERGY ACT OF 2020

          DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

                     DIVISION CC--HEALTH EXTENDERS

            DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

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

                       DIVISION FF--OTHER MATTER

Title I--Continuing Education at Affected Foreign Institutions and 
              Modification of Certain Protections for Taxpayer Return 
              Information
Title II--Public Lands
Title III--Foreign Relations and Department of State Provisions
Title IV--Senate Sergeant at Arms Cloud Services
Title V--Repeal of Requirement to Sell Certain Federal Property in Plum 
              Island, New York
Title VI--Preventing Online Sales of E-Cigarettes to Children
Title VII--FAFSA Simplification
Title VIII--Access to Death Information Furnished to or Maintained by 
              the Social Security Administration
Title IX--Telecommunications and Consumer Protection
Title X--Bankruptcy Relief
Title XI--Western Water and Indian Affairs
Title XII--Horseracing Integrity and Safety
Title XIII--Community Development Block Grants
Title XIV--COVID-19 Consumer Protection Act
Title XV--American COMPETE Act
Title XVI--Recording of Obligations
Title XVII--Sudan Claims Resolution
Title XVIII--Theodore Roosevelt Presidential Library Conveyance Act of 
              2020
Title XIX--United States-Mexico Economic Partnership Act
Title XX--Consumer Product Safety Commission Port Surveillance
Title XXI--COVID-19 Regulatory Relief and Work From Home Safety Act

     SEC. 3. REFERENCES.

       Except as expressly provided otherwise, any reference to 
     ``this Act'' contained in any division of this Act shall be 
     treated as referring only to the provisions of that division.

     SEC. 4. EXPLANATORY STATEMENT.

       The explanatory statement regarding this Act, printed in 
     the House section of the Congressional Record on or about 
     December 21, 2020, and submitted by the Chairwoman of the 
     Committee on Appropriations of the House, shall have the same 
     effect with respect to the allocation of funds and 
     implementation of divisions A through L of this Act as if it 
     were a joint explanatory statement of a committee of 
     conference.

     SEC. 5. STATEMENT OF APPROPRIATIONS.

       The following sums in this Act are appropriated, out of any 
     money in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2021.

     SEC. 6. AVAILABILITY OF FUNDS.

       (a) Each amount designated in this Act by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 shall be available (or rescinded, if applicable) only if 
     the President subsequently so designates all such amounts and 
     transmits such designations to the Congress.
       (b) Each amount designated in this Act by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 shall be available 
     (or rescinded, if applicable) only if the President 
     subsequently so designates all such amounts and transmits 
     such designations to the Congress.

     SEC. 7. ADJUSTMENTS TO COMPENSATION.

       Notwithstanding any other provision of law, no adjustment 
     shall be made under section 601(a) of the Legislative 
     Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost 
     of living adjustments for Members of Congress) during fiscal 
     year 2021.

     SEC. 8. DEFINITION.

       In divisions A through M of this Act, the term 
     ``coronavirus'' means SARS-CoV-2 or another coronavirus with 
     pandemic potential.

     SEC. 9. OFFICE OF MANAGEMENT AND BUDGET REPORTING 
                   REQUIREMENT.

       Notwithstanding the ``7 calendar days'' requirement in 
     section 251(a)(7)(B) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(a)(7)(B)), for any 
     appropriations Act for fiscal year 2021 enacted before 
     January 1, 2021, the Office of Management and Budget shall 
     transmit to the Congress its report under that section 
     estimating the discretionary budgetary effects of such Acts 
     not later than January 15, 2021.

       DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

                                TITLE I

                         AGRICULTURAL PROGRAMS

                  Processing, Research, and Marketing

                        Office of the Secretary

                     (including transfers of funds)

       For necessary expenses of the Office of the Secretary, 
     $46,998,000, of which not to exceed $5,101,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $1,324,000 shall be available for the Office of 
     Homeland Security; not to exceed $7,002,000 shall be 
     available for the Office of Partnerships and Public 
     Engagement, of which $1,500,000 shall be for 7 U.S.C. 
     2279(c)(5); not to exceed $22,321,000 shall be available for 
     the Office of the Assistant Secretary for Administration, of 
     which $21,440,000 shall be available for Departmental 
     Administration to provide for necessary expenses for 
     management support services to offices of the Department and 
     for general administration, security, repairs and 
     alterations, and other miscellaneous supplies and expenses 
     not otherwise provided for and necessary for the practical 
     and efficient work of the Department:  Provided, That funds 
     made available by this Act to an agency in the Administration 
     mission area for salaries and expenses are available to fund 
     up to one administrative support staff for the Office; not to 
     exceed $3,908,000 shall be available for the Office of 
     Assistant Secretary for Congressional Relations and 
     Intergovernmental Affairs to carry out the programs funded by 
     this Act, including programs involving intergovernmental 
     affairs and liaison within the executive branch; and not to 
     exceed $7,342,000 shall be available for the Office of 
     Communications:  Provided further, That the Secretary of 
     Agriculture is authorized to transfer funds appropriated for 
     any office of the Office of the Secretary to any other office 
     of the Office of the Secretary:  Provided further, That no 
     appropriation for any office shall be increased or decreased 
     by more than 5 percent:  Provided further, That not to exceed 
     $22,000 of the amount made available under this paragraph for 
     the immediate Office of the Secretary shall be available for 
     official reception and representation expenses, not otherwise 
     provided for, as determined by the Secretary:  Provided 
     further, That the amount made available under this heading 
     for Departmental Administration shall be reimbursed from 
     applicable appropriations in this Act for travel expenses 
     incident to the holding of hearings as required by 5 U.S.C. 
     551-558:  Provided further, That funds made available under 
     this heading for the Office of the Assistant Secretary for 
     Congressional Relations and Intergovernmental Affairs may be 
     transferred to agencies of the Department of Agriculture 
     funded by this Act to maintain personnel at the agency level: 
      Provided further, That no funds made available under this 
     heading for the Office of Assistant Secretary for 
     Congressional Relations may be obligated after 30 days from 
     the date of enactment of this Act, unless the Secretary has 
     notified the Committees on Appropriations of both Houses of 
     Congress on the allocation of these funds by USDA agency:  
     Provided further, That during any 30 day notification period 
     referenced in section 716 of this Act, the Secretary of 
     Agriculture shall take no action to begin implementation of 
     the action that is subject to section 716 of this Act or make 
     any public announcement of such action in any form.

                          Executive Operations

                     office of the chief economist

       For necessary expenses of the Office of the Chief 
     Economist, $24,192,000, of which $8,000,000 shall be for 
     grants or cooperative agreements for policy research under 7 
     U.S.C. 3155.

                     office of hearings and appeals

       For necessary expenses of the Office of Hearings and 
     Appeals, $15,394,000.

                 office of budget and program analysis

       For necessary expenses of the Office of Budget and Program 
     Analysis, $9,629,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, $66,814,000, of which not less than 
     $56,000,000 is for cybersecurity requirements of the 
     department.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, $6,109,000.

           Office of the Assistant Secretary for Civil Rights

       For necessary expenses of the Office of the Assistant 
     Secretary for Civil Rights, $908,000:  Provided, That funds 
     made available by this Act to an agency in the Civil Rights 
     mission area for salaries and expenses are available to fund 
     up to one administrative support staff for the Office.

[[Page H7325]]

  


                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $22,789,000.

                  Agriculture Buildings and Facilities

                     (including transfers of funds)

       For payment of space rental and related costs pursuant to 
     Public Law 92-313, including authorities pursuant to the 1984 
     delegation of authority from the Administrator of General 
     Services to the Department of Agriculture under 40 U.S.C. 
     121, for programs and activities of the Department which are 
     included in this Act, and for alterations and other actions 
     needed for the Department and its agencies to consolidate 
     unneeded space into configurations suitable for release to 
     the Administrator of General Services, and for the operation, 
     maintenance, improvement, and repair of Agriculture buildings 
     and facilities, and for related costs, $108,124,000, to 
     remain available until expended.

                     Hazardous Materials Management

                     (including transfers of funds)

       For necessary expenses of the Department of Agriculture, to 
     comply with the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and 
     the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
     $6,514,000, to remain available until expended:  Provided, 
     That appropriations and funds available herein to the 
     Department for Hazardous Materials Management may be 
     transferred to any agency of the Department for its use in 
     meeting all requirements pursuant to the above Acts on 
     Federal and non-Federal lands.

               Office of Safety, Security, and Protection

       For necessary expenses of the Office of Safety, Security, 
     and Protection, $23,218,000.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     including employment pursuant to the Inspector General Act of 
     1978 (Public Law 95-452; 5 U.S.C. App.), $99,912,000, 
     including such sums as may be necessary for contracting and 
     other arrangements with public agencies and private persons 
     pursuant to section 6(a)(9) of the Inspector General Act of 
     1978 (Public Law 95-452; 5 U.S.C. App.), and including not to 
     exceed $125,000 for certain confidential operational 
     expenses, including the payment of informants, to be expended 
     under the direction of the Inspector General pursuant to the 
     Inspector General Act of 1978 (Public Law 95-452; 5 U.S.C. 
     App.) and section 1337 of the Agriculture and Food Act of 
     1981 (Public Law 97-98).

                     Office of the General Counsel

       For necessary expenses of the Office of the General 
     Counsel, $45,390,000.

                            Office of Ethics

       For necessary expenses of the Office of Ethics, $4,184,000.

  Office of the Under Secretary for Research, Education, and Economics

       For necessary expenses of the Office of the Under Secretary 
     for Research, Education, and Economics, $809,000:  Provided, 
     That funds made available by this Act to an agency in the 
     Research, Education, and Economics mission area for salaries 
     and expenses are available to fund up to one administrative 
     support staff for the Office.

                       Economic Research Service

       For necessary expenses of the Economic Research Service, 
     $85,476,000.

                National Agricultural Statistics Service

       For necessary expenses of the National Agricultural 
     Statistics Service, $183,921,000, of which up to $46,300,000 
     shall be available until expended for the Census of 
     Agriculture:  Provided, That amounts made available for the 
     Census of Agriculture may be used to conduct Current 
     Industrial Report surveys subject to 7 U.S.C. 2204g(d) and 
     (f).

                     Agricultural Research Service

                         salaries and expenses

       For necessary expenses of the Agricultural Research Service 
     and for acquisition of lands by donation, exchange, or 
     purchase at a nominal cost not to exceed $100, and for land 
     exchanges where the lands exchanged shall be of equal value 
     or shall be equalized by a payment of money to the grantor 
     which shall not exceed 25 percent of the total value of the 
     land or interests transferred out of Federal ownership, 
     $1,491,784,000:  Provided, That appropriations hereunder 
     shall be available for the operation and maintenance of 
     aircraft and the purchase of not to exceed one for 
     replacement only:  Provided further, That appropriations 
     hereunder shall be available pursuant to 7 U.S.C. 2250 for 
     the construction, alteration, and repair of buildings and 
     improvements, but unless otherwise provided, the cost of 
     constructing any one building shall not exceed $500,000, 
     except for headhouses or greenhouses which shall each be 
     limited to $1,800,000, except for 10 buildings to be 
     constructed or improved at a cost not to exceed $1,100,000 
     each, and except for two buildings to be constructed at a 
     cost not to exceed $3,000,000 each, and the cost of altering 
     any one building during the fiscal year shall not exceed 10 
     percent of the current replacement value of the building or 
     $500,000, whichever is greater:  Provided further, That 
     appropriations hereunder shall be available for entering into 
     lease agreements at any Agricultural Research Service 
     location for the construction of a research facility by a 
     non-Federal entity for use by the Agricultural Research 
     Service and a condition of the lease shall be that any 
     facility shall be owned, operated, and maintained by the non-
     Federal entity and shall be removed upon the expiration or 
     termination of the lease agreement:  Provided further, That 
     the limitations on alterations contained in this Act shall 
     not apply to modernization or replacement of existing 
     facilities at Beltsville, Maryland:  Provided further, That 
     appropriations hereunder shall be available for granting 
     easements at the Beltsville Agricultural Research Center:  
     Provided further, That the foregoing limitations shall not 
     apply to replacement of buildings needed to carry out the Act 
     of April 24, 1948 (21 U.S.C. 113a):  Provided further, That 
     appropriations hereunder shall be available for granting 
     easements at any Agricultural Research Service location for 
     the construction of a research facility by a non-Federal 
     entity for use by, and acceptable to, the Agricultural 
     Research Service and a condition of the easements shall be 
     that upon completion the facility shall be accepted by the 
     Secretary, subject to the availability of funds herein, if 
     the Secretary finds that acceptance of the facility is in the 
     interest of the United States:  Provided further, That funds 
     may be received from any State, other political subdivision, 
     organization, or individual for the purpose of establishing 
     or operating any research facility or research project of the 
     Agricultural Research Service, as authorized by law.

                        buildings and facilities

       For the acquisition of land, construction, repair, 
     improvement, extension, alteration, and purchase of fixed 
     equipment or facilities as necessary to carry out the 
     agricultural research programs of the Department of 
     Agriculture, where not otherwise provided, $35,700,000 to 
     remain available until expended, of which $11,200,000 shall 
     be allocated for ARS facilities co-located with university 
     partners.

               National Institute of Food and Agriculture

                   research and education activities

       For payments to agricultural experiment stations, for 
     cooperative forestry and other research, for facilities, and 
     for other expenses, $992,642,000, which shall be for the 
     purposes, and in the amounts, specified in the table titled 
     ``National Institute of Food and Agriculture, Research and 
     Education Activities'' in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act):  Provided, That funds for research grants 
     for 1994 institutions, education grants for 1890 
     institutions, Hispanic serving institutions education grants, 
     capacity building for non-land-grant colleges of agriculture, 
     the agriculture and food research initiative, veterinary 
     medicine loan repayment, multicultural scholars, graduate 
     fellowship and institution challenge grants, and grants 
     management systems shall remain available until expended:  
     Provided further, That each institution eligible to receive 
     funds under the Evans-Allen program receives no less than 
     $1,000,000:  Provided further, That funds for education 
     grants for Alaska Native and Native Hawaiian-serving 
     institutions be made available to individual eligible 
     institutions or consortia of eligible institutions with funds 
     awarded equally to each of the States of Alaska and Hawaii:  
     Provided further, That funds for education grants for 1890 
     institutions shall be made available to institutions eligible 
     to receive funds under 7 U.S.C. 3221 and 3222:  Provided 
     further, That not more than 5 percent of the amounts made 
     available by this or any other Act to carry out the 
     Agriculture and Food Research Initiative under 7 U.S.C. 3157 
     may be retained by the Secretary of Agriculture to pay 
     administrative costs incurred by the Secretary in carrying 
     out that authority.

              native american institutions endowment fund

       For the Native American Institutions Endowment Fund 
     authorized by Public Law 103-382 (7 U.S.C. 301 note), 
     $11,880,000, to remain available until expended.

                          extension activities

       For payments to States, the District of Columbia, Puerto 
     Rico, Guam, the Virgin Islands, Micronesia, the Northern 
     Marianas, and American Samoa, $538,447,000, which shall be 
     for the purposes, and in the amounts, specified in the table 
     titled ``National Institute of Food and Agriculture, 
     Extension Activities'' in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act):  Provided, That funds for facility 
     improvements at 1890 institutions shall remain available 
     until expended:  Provided further, That institutions eligible 
     to receive funds under 7 U.S.C. 3221 for cooperative 
     extension receive no less than $1,000,000:  Provided further, 
     That funds for cooperative extension under sections 3(b) and 
     (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and 
     section 208(c) of Public Law 93-471 shall be available for 
     retirement and employees' compensation costs for extension 
     agents.

                         integrated activities

       For the integrated research, education, and extension 
     grants programs, including necessary administrative expenses, 
     $39,000,000, which shall be for the purposes, and in the 
     amounts, specified in the table titled ``National Institute 
     of Food and Agriculture, Integrated Activities'' in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act):  Provided, 
     That funds for the Food and Agriculture Defense Initiative 
     shall remain available until September 30, 2022:  Provided 
     further, That notwithstanding any other provision of law, 
     indirect costs shall not be charged against any Extension 
     Implementation Program Area grant awarded under the Crop 
     Protection/Pest Management Program (7 U.S.C. 7626).

  Office of the Under Secretary for Marketing and Regulatory Programs

       For necessary expenses of the Office of the Under Secretary 
     for Marketing and Regulatory Programs, $809,000:  Provided, 
     That funds made available by this Act to an agency in the 
     Marketing and Regulatory Programs mission area for salaries 
     and expenses are available to fund up to one administrative 
     support staff for the Office.

[[Page H7326]]

  


               Animal and Plant Health Inspection Service

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Animal and Plant Health 
     Inspection Service, including up to $30,000 for 
     representation allowances and for expenses pursuant to the 
     Foreign Service Act of 1980 (22 U.S.C. 4085), $1,064,179,000, 
     of which $478,000, to remain available until expended, shall 
     be available for the control of outbreaks of insects, plant 
     diseases, animal diseases and for control of pest animals and 
     birds (``contingency fund'') to the extent necessary to meet 
     emergency conditions; of which $13,597,000, to remain 
     available until expended, shall be used for the cotton pests 
     program, including for cost share purposes or for debt 
     retirement for active eradication zones; of which 
     $38,093,000, to remain available until expended, shall be for 
     Animal Health Technical Services; of which $2,009,000 shall 
     be for activities under the authority of the Horse Protection 
     Act of 1970, as amended (15 U.S.C. 1831); of which 
     $63,213,000, to remain available until expended, shall be 
     used to support avian health; of which $4,251,000, to remain 
     available until expended, shall be for information technology 
     infrastructure; of which $196,553,000, to remain available 
     until expended, shall be for specialty crop pests; of which, 
     $10,942,000, to remain available until expended, shall be for 
     field crop and rangeland ecosystem pests; of which 
     $19,620,000, to remain available until expended, shall be for 
     zoonotic disease management; of which $41,268,000, to remain 
     available until expended, shall be for emergency preparedness 
     and response; of which $60,456,000, to remain available until 
     expended, shall be for tree and wood pests; of which 
     $5,736,000, to remain available until expended, shall be for 
     the National Veterinary Stockpile; of which up to $1,500,000, 
     to remain available until expended, shall be for the scrapie 
     program for indemnities; of which $2,500,000, to remain 
     available until expended, shall be for the wildlife damage 
     management program for aviation safety:  Provided, That of 
     amounts available under this heading for wildlife services 
     methods development, $1,000,000 shall remain available until 
     expended:  Provided further, That of amounts available under 
     this heading for the screwworm program, $4,990,000 shall 
     remain available until expended; of which $20,252,000, to 
     remain available until expended, shall be used to carry out 
     the science program and transition activities for the 
     National Bio and Agro-defense Facility located in Manhattan, 
     Kansas:  Provided further, That no funds shall be used to 
     formulate or administer a brucellosis eradication program for 
     the current fiscal year that does not require minimum 
     matching by the States of at least 40 percent:  Provided 
     further, That this appropriation shall be available for the 
     purchase, replacement, operation, and maintenance of 
     aircraft:  Provided further, That in addition, in emergencies 
     which threaten any segment of the agricultural production 
     industry of the United States, the Secretary may transfer 
     from other appropriations or funds available to the agencies 
     or corporations of the Department such sums as may be deemed 
     necessary, to be available only in such emergencies for the 
     arrest and eradication of contagious or infectious disease or 
     pests of animals, poultry, or plants, and for expenses in 
     accordance with sections 10411 and 10417 of the Animal Health 
     Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 
     442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and 
     any unexpended balances of funds transferred for such 
     emergency purposes in the preceding fiscal year shall be 
     merged with such transferred amounts:  Provided further, That 
     appropriations hereunder shall be available pursuant to law 
     (7 U.S.C. 2250) for the repair and alteration of leased 
     buildings and improvements, but unless otherwise provided the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement value 
     of the building.
       In fiscal year 2021, the agency is authorized to collect 
     fees to cover the total costs of providing technical 
     assistance, goods, or services requested by States, other 
     political subdivisions, domestic and international 
     organizations, foreign governments, or individuals, provided 
     that such fees are structured such that any entity's 
     liability for such fees is reasonably based on the technical 
     assistance, goods, or services provided to the entity by the 
     agency, and such fees shall be reimbursed to this account, to 
     remain available until expended, without further 
     appropriation, for providing such assistance, goods, or 
     services.

                        buildings and facilities

       For plans, construction, repair, preventive maintenance, 
     environmental support, improvement, extension, alteration, 
     and purchase of fixed equipment or facilities, as authorized 
     by 7 U.S.C. 2250, and acquisition of land as authorized by 7 
     U.S.C. 2268a, $3,175,000, to remain available until expended.

                     Agricultural Marketing Service

                           marketing services

       For necessary expenses of the Agricultural Marketing 
     Service, $188,358,000, of which $6,000,000 shall be available 
     for the purposes of section 12306 of Public Law 113-79:  
     Provided, That this appropriation shall be available pursuant 
     to law (7 U.S.C. 2250) for the alteration and repair of 
     buildings and improvements, but the cost of altering any one 
     building during the fiscal year shall not exceed 10 percent 
     of the current replacement value of the building.
       Fees may be collected for the cost of standardization 
     activities, as established by regulation pursuant to law (31 
     U.S.C. 9701), except for the cost of activities relating to 
     the development or maintenance of grain standards under the 
     United States Grain Standards Act, 7 U.S.C. 71 et seq.

                 limitation on administrative expenses

       Not to exceed $61,227,000 (from fees collected) shall be 
     obligated during the current fiscal year for administrative 
     expenses:  Provided, That if crop size is understated and/or 
     other uncontrollable events occur, the agency may exceed this 
     limitation by up to 10 percent with notification to the 
     Committees on Appropriations of both Houses of Congress.

    funds for strengthening markets, income, and supply (section 32)

                     (including transfers of funds)

       Funds available under section 32 of the Act of August 24, 
     1935 (7 U.S.C. 612c), shall be used only for commodity 
     program expenses as authorized therein, and other related 
     operating expenses, except for: (1) transfers to the 
     Department of Commerce as authorized by the Fish and Wildlife 
     Act of 1956 (16 U.S.C. 742a et seq.); (2) transfers otherwise 
     provided in this Act; and (3) not more than $20,705,000 for 
     formulation and administration of marketing agreements and 
     orders pursuant to the Agricultural Marketing Agreement Act 
     of 1937 and the Agricultural Act of 1961 (Public Law 87-128).

                   payments to states and possessions

       For payments to departments of agriculture, bureaus and 
     departments of markets, and similar agencies for marketing 
     activities under section 204(b) of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.

        limitation on inspection and weighing services expenses

       Not to exceed $55,000,000 (from fees collected) shall be 
     obligated during the current fiscal year for inspection and 
     weighing services:  Provided, That if grain export activities 
     require additional supervision and oversight, or other 
     uncontrollable factors occur, this limitation may be exceeded 
     by up to 10 percent with notification to the Committees on 
     Appropriations of both Houses of Congress.

             Office of the Under Secretary for Food Safety

       For necessary expenses of the Office of the Under Secretary 
     for Food Safety, $809,000:  Provided, That funds made 
     available by this Act to an agency in the Food Safety mission 
     area for salaries and expenses are available to fund up to 
     one administrative support staff for the Office.

                   Food Safety and Inspection Service

       For necessary expenses to carry out services authorized by 
     the Federal Meat Inspection Act, the Poultry Products 
     Inspection Act, and the Egg Products Inspection Act, 
     including not to exceed $10,000 for representation allowances 
     and for expenses pursuant to section 8 of the Act approved 
     August 3, 1956 (7 U.S.C. 1766), $1,075,703,000; and in 
     addition, $1,000,000 may be credited to this account from 
     fees collected for the cost of laboratory accreditation as 
     authorized by section 1327 of the Food, Agriculture, 
     Conservation and Trade Act of 1990 (7 U.S.C. 138f):  
     Provided, That funds provided for the Public Health Data 
     Communication Infrastructure system shall remain available 
     until expended:  Provided further, That no fewer than 148 
     full-time equivalent positions shall be employed during 
     fiscal year 2021 for purposes dedicated solely to inspections 
     and enforcement related to the Humane Methods of Slaughter 
     Act (7 U.S.C. 1901 et seq.):  Provided further, That the Food 
     Safety and Inspection Service shall continue implementation 
     of section 11016 of Public Law 110-246 as further clarified 
     by the amendments made in section 12106 of Public Law 113-79: 
      Provided further, That this appropriation shall be available 
     pursuant to law (7 U.S.C. 2250) for the alteration and repair 
     of buildings and improvements, but the cost of altering any 
     one building during the fiscal year shall not exceed 10 
     percent of the current replacement value of the building.

                                TITLE II

               FARM PRODUCTION AND CONSERVATION PROGRAMS

   Office of the Under Secretary for Farm Production and Conservation

       For necessary expenses of the Office of the Under Secretary 
     for Farm Production and Conservation, $916,000:  Provided, 
     That funds made available by this Act to an agency in the 
     Farm Production and Conservation mission area for salaries 
     and expenses are available to fund up to one administrative 
     support staff for the Office.

            Farm Production and Conservation Business Center

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Farm Production and 
     Conservation Business Center, $231,302,000:  Provided, That 
     $60,228,000 of amounts appropriated for the current fiscal 
     year pursuant to section 1241(a) of the Farm Security and 
     Rural Investment Act of 1985 (16 U.S.C. 3841(a)) shall be 
     transferred to and merged with this account.

                          Farm Service Agency

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Farm Service Agency, 
     $1,142,924,000, of which not less than $15,000,000 shall be 
     for the hiring of new employees to fill vacancies and 
     anticipated vacancies at Farm Service Agency county offices 
     and farm loan officers and shall be available until September 
     30, 2022:  Provided, That not more than 50 percent of the 
     funding made available under this heading for information 
     technology related to farm program delivery may be obligated 
     until the Secretary submits to the Committees on 
     Appropriations of both Houses of Congress, and receives 
     written or electronic notification of receipt from such 
     Committees of, a plan

[[Page H7327]]

     for expenditure that (1) identifies for each project/
     investment over $25,000 (a) the functional and performance 
     capabilities to be delivered and the mission benefits to be 
     realized, (b) the estimated lifecycle cost for the entirety 
     of the project/investment, including estimates for 
     development as well as maintenance and operations, and (c) 
     key milestones to be met; (2) demonstrates that each project/
     investment is, (a) consistent with the Farm Service Agency 
     Information Technology Roadmap, (b) being managed in 
     accordance with applicable lifecycle management policies and 
     guidance, and (c) subject to the applicable Department's 
     capital planning and investment control requirements; and (3) 
     has been reviewed by the Government Accountability Office and 
     approved by the Committees on Appropriations of both Houses 
     of Congress:  Provided further, That the agency shall submit 
     a report by the end of the fourth quarter of fiscal year 2021 
     to the Committees on Appropriations and the Government 
     Accountability Office, that identifies for each project/
     investment that is operational (a) current performance 
     against key indicators of customer satisfaction, (b) current 
     performance of service level agreements or other technical 
     metrics, (c) current performance against a pre-established 
     cost baseline, (d) a detailed breakdown of current and 
     planned spending on operational enhancements or upgrades, and 
     (e) an assessment of whether the investment continues to meet 
     business needs as intended as well as alternatives to the 
     investment:  Provided further, That the Secretary is 
     authorized to use the services, facilities, and authorities 
     (but not the funds) of the Commodity Credit Corporation to 
     make program payments for all programs administered by the 
     Agency:  Provided further, That other funds made available to 
     the Agency for authorized activities may be advanced to and 
     merged with this account:  Provided further, That funds made 
     available to county committees shall remain available until 
     expended:  Provided further, That none of the funds available 
     to the Farm Service Agency shall be used to close Farm 
     Service Agency county offices:  Provided further, That none 
     of the funds available to the Farm Service Agency shall be 
     used to permanently relocate county based employees that 
     would result in an office with two or fewer employees without 
     prior notification and approval of the Committees on 
     Appropriations of both Houses of Congress.

                         state mediation grants

       For grants pursuant to section 502(b) of the Agricultural 
     Credit Act of 1987, as amended (7 U.S.C. 5101-5106), 
     $6,914,000.

               grassroots source water protection program

       For necessary expenses to carry out wellhead or groundwater 
     protection activities under section 1240O of the Food 
     Security Act of 1985 (16 U.S.C. 3839bb-2), $6,500,000, to 
     remain available until expended.

                        dairy indemnity program

                     (including transfer of funds)

       For necessary expenses involved in making indemnity 
     payments to dairy farmers and manufacturers of dairy products 
     under a dairy indemnity program, such sums as may be 
     necessary, to remain available until expended:  Provided, 
     That such program is carried out by the Secretary in the same 
     manner as the dairy indemnity program described in the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 2001 (Public Law 
     106-387, 114 Stat. 1549A-12).

           agricultural credit insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and 
     operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7 
     U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25 
     U.S.C. 5136), boll weevil loans (7 U.S.C. 1989), guaranteed 
     conservation loans (7 U.S.C. 1924 et seq.), relending program 
     (7 U.S.C. 1936c), and Indian highly fractionated land loans 
     (25 U.S.C. 5136) to be available from funds in the 
     Agricultural Credit Insurance Fund, as follows: 
     $3,300,000,000 for guaranteed farm ownership loans and 
     $2,500,000,000 for farm ownership direct loans; 
     $2,118,482,000 for unsubsidized guaranteed operating loans 
     and $1,633,333,000 for direct operating loans; emergency 
     loans, $37,668,000; Indian tribe land acquisition loans, 
     $20,000,000; guaranteed conservation loans, $150,000,000; 
     relending program, $33,693,000; Indian highly fractionated 
     land loans, $5,000,000; and for boll weevil eradication 
     program loans, $60,000,000:  Provided, That the Secretary 
     shall deem the pink bollworm to be a boll weevil for the 
     purpose of boll weevil eradication program loans.
       For the cost of direct and guaranteed loans and grants, 
     including the cost of modifying loans as defined in section 
     502 of the Congressional Budget Act of 1974, as follows: 
     $38,710,000 for direct farm operating loans, $23,727,000 for 
     unsubsidized guaranteed farm operating loans, $207,000 for 
     emergency loans, $5,000,000 for the relending program, and 
     $742,000 for Indian highly fractionated land loans, to remain 
     available until expended.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $307,344,000:  
     Provided, That of this amount, $294,114,000 shall be 
     transferred to and merged with the appropriation for ``Farm 
     Service Agency, Salaries and Expenses''.
       Funds appropriated by this Act to the Agricultural Credit 
     Insurance Program Account for farm ownership, operating and 
     conservation direct loans and guaranteed loans may be 
     transferred among these programs:  Provided, That the 
     Committees on Appropriations of both Houses of Congress are 
     notified at least 15 days in advance of any transfer.

                         Risk Management Agency

                         salaries and expenses

       For necessary expenses of the Risk Management Agency, 
     $60,131,000:  Provided, That $1,000,000 of the amount 
     appropriated under this heading in this Act shall be 
     available for compliance and integrity activities required 
     under section 516(b)(2)(C) of the Federal Crop Insurance Act 
     of 1938 (7 U.S.C. 1516(b)(2)(C)), and shall be in addition to 
     amounts otherwise provided for such purpose:  Provided 
     further, That not to exceed $1,000 shall be available for 
     official reception and representation expenses, as authorized 
     by 7 U.S.C. 1506(i).

                 Natural Resources Conservation Service

                        conservation operations

       For necessary expenses for carrying out the provisions of 
     the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
     preparation of conservation plans and establishment of 
     measures to conserve soil and water (including farm 
     irrigation and land drainage and such special measures for 
     soil and water management as may be necessary to prevent 
     floods and the siltation of reservoirs and to control 
     agricultural related pollutants); operation of conservation 
     plant materials centers; classification and mapping of soil; 
     dissemination of information; acquisition of lands, water, 
     and interests therein for use in the plant materials program 
     by donation, exchange, or purchase at a nominal cost not to 
     exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
     2268a); purchase and erection or alteration or improvement of 
     permanent and temporary buildings; and operation and 
     maintenance of aircraft, $832,727,000, to remain available 
     until September 30, 2022:  Provided, That appropriations 
     hereunder shall be available pursuant to 7 U.S.C. 2250 for 
     construction and improvement of buildings and public 
     improvements at plant materials centers, except that the cost 
     of alterations and improvements to other buildings and other 
     public improvements shall not exceed $250,000:  Provided 
     further, That when buildings or other structures are erected 
     on non-Federal land, that the right to use such land is 
     obtained as provided in 7 U.S.C. 2250a:  Provided further, 
     That of the amounts made available under this heading, 
     $3,000,000 shall remain available until expended for planning 
     and implementation assistance associated with land treatment 
     measures that address flood damage reduction, bank 
     stabilization and erosion control in the watersheds 
     identified under section 13 of the Flood Control Act of 
     December 22, 1944 (Public Law 78-534).

               watershed and flood prevention operations

       For necessary expenses to carry out preventive measures, 
     including but not limited to surveys and investigations, 
     engineering operations, works of improvement, and changes in 
     use of land, in accordance with the Watershed Protection and 
     Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009) and 
     in accordance with the provisions of laws relating to the 
     activities of the Department, $175,000,000, to remain 
     available until expended:  Provided, That for funds provided 
     by this Act or any other prior Act, the limitation regarding 
     the size of the watershed or subwatershed exceeding two 
     hundred and fifty thousand acres in which such activities can 
     be undertaken shall only apply for activities undertaken for 
     the primary purpose of flood prevention (including structural 
     and land treatment measures):  Provided further, That of the 
     amounts made available under this heading, $65,000,000 shall 
     be allocated to projects and activities that can commence 
     promptly following enactment; that address regional 
     priorities for flood prevention, agricultural water 
     management, inefficient irrigation systems, fish and wildlife 
     habitat, or watershed protection; or that address authorized 
     ongoing projects under the authorities of section 13 of the 
     Flood Control Act of December 22, 1944 (Public Law 78-534) 
     with a primary purpose of watershed protection by preventing 
     floodwater damage and stabilizing stream channels, 
     tributaries, and banks to reduce erosion and sediment 
     transport:  Provided further, That of the amounts made 
     available under this heading, $10,000,000 shall remain 
     available until expended for the authorities under 16 U.S.C. 
     1001-1005 and 1007-1009 for authorized ongoing watershed 
     projects with a primary purpose of providing water to rural 
     communities.

                    watershed rehabilitation program

        Under the authorities of section 14 of the Watershed 
     Protection and Flood Prevention Act, $10,000,000 is provided.

                              CORPORATIONS

       The following corporations and agencies are hereby 
     authorized to make expenditures, within the limits of funds 
     and borrowing authority available to each such corporation or 
     agency and in accord with law, and to make contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act as may be necessary in carrying out the programs set 
     forth in the budget for the current fiscal year for such 
     corporation or agency, except as hereinafter provided.

                Federal Crop Insurance Corporation Fund

       For payments as authorized by section 516 of the Federal 
     Crop Insurance Act (7 U.S.C. 1516), such sums as may be 
     necessary, to remain available until expended.

                   Commodity Credit Corporation Fund

                 reimbursement for net realized losses

                     (including transfers of funds)

       For the current fiscal year, such sums as may be necessary 
     to reimburse the Commodity Credit Corporation for net 
     realized losses sustained, but not previously reimbursed, 
     pursuant to section 2 of the Act of August 17, 1961 (15 
     U.S.C. 713a-11):  Provided, That of the funds available

[[Page H7328]]

     to the Commodity Credit Corporation under section 11 of the 
     Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for 
     the conduct of its business with the Foreign Agricultural 
     Service, up to $5,000,000 may be transferred to and used by 
     the Foreign Agricultural Service for information resource 
     management activities of the Foreign Agricultural Service 
     that are not related to Commodity Credit Corporation 
     business.

                       hazardous waste management

                        (limitation on expenses)

       For the current fiscal year, the Commodity Credit 
     Corporation shall not expend more than $15,000,000 for site 
     investigation and cleanup expenses, and operations and 
     maintenance expenses to comply with the requirement of 
     section 107(g) of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9607(g)), and 
     section 6001 of the Solid Waste Disposal Act (42 U.S.C. 
     6961).

                               TITLE III

                       RURAL DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       For necessary expenses of the Office of the Under Secretary 
     for Rural Development, $812,000:  Provided, That funds made 
     available by this Act to an agency in the Rural Development 
     mission area for salaries and expenses are available to fund 
     up to one administrative support staff for the Office.

                           Rural Development

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses for carrying out the administration 
     and implementation of Rural Development programs, including 
     activities with institutions concerning the development and 
     operation of agricultural cooperatives; and for cooperative 
     agreements; $264,024,000:  Provided, That notwithstanding any 
     other provision of law, funds appropriated under this heading 
     may be used for advertising and promotional activities that 
     support Rural Development programs:  Provided further, That 
     in addition to any other funds appropriated for purposes 
     authorized by section 502(i) of the Housing Act of 1949 (42 
     U.S.C. 1472(i)), any amounts collected under such section, as 
     amended by this Act, will immediately be credited to this 
     account and will remain available until expended for such 
     purposes.

                         Rural Housing Service

              rural housing insurance fund program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949, to be available from funds in the rural housing 
     insurance fund, as follows: $1,000,000,000 shall be for 
     direct loans and $24,000,000,000 shall be for unsubsidized 
     guaranteed loans; $28,000,000 for section 504 housing repair 
     loans; $40,000,000 for section 515 rental housing; 
     $230,000,000 for section 538 guaranteed multi-family housing 
     loans; $10,000,000 for credit sales of single family housing 
     acquired property; $5,000,000 for section 523 self-help 
     housing land development loans; and $5,000,000 for section 
     524 site development loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: section 502 
     loans, $55,400,000 shall be for direct loans; section 504 
     housing repair loans, $2,215,000; section 523 self-help 
     housing land development loans, $269,000; section 524 site 
     development loans, $355,000; and repair, rehabilitation, and 
     new construction of section 515 rental housing, $6,688,000:  
     Provided, That to support the loan program level for section 
     538 guaranteed loans made available under this heading the 
     Secretary may charge or adjust any fees to cover the 
     projected cost of such loan guarantees pursuant to the 
     provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et 
     seq.), and the interest on such loans may not be subsidized:  
     Provided further, That applicants in communities that have a 
     current rural area waiver under section 541 of the Housing 
     Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a 
     rural area for purposes of section 502 guaranteed loans 
     provided under this heading:  Provided further, That of the 
     amounts available under this paragraph for section 502 direct 
     loans, no less than $5,000,000 shall be available for direct 
     loans for individuals whose homes will be built pursuant to a 
     program funded with a mutual and self-help housing grant 
     authorized by section 523 of the Housing Act of 1949 until 
     June 1, 2021:  Provided further, That the Secretary shall 
     implement provisions to provide incentives to nonprofit 
     organizations and public housing authorities to facilitate 
     the acquisition of Rural Housing Service (RHS) multifamily 
     housing properties by such nonprofit organizations and public 
     housing authorities that commit to keep such properties in 
     the RHS multifamily housing program for a period of time as 
     determined by the Secretary, with such incentives to include, 
     but not be limited to, the following: allow such nonprofit 
     entities and public housing authorities to earn a Return on 
     Investment on their own resources to include proceeds from 
     low income housing tax credit syndication, own contributions, 
     grants, and developer loans at favorable rates and terms, 
     invested in a deal; and allow reimbursement of organizational 
     costs associated with owner's oversight of asset referred to 
     as ``Asset Management Fee'' of up to $7,500 per property.
       In addition, for the cost of direct loans, grants, and 
     contracts, as authorized by sections 514 and 516 of the 
     Housing Act of 1949 (42 U.S.C. 1484, 1486), $15,093,000, to 
     remain available until expended, for direct farm labor 
     housing loans and domestic farm labor housing grants and 
     contracts:  Provided, That any balances available for the 
     Farm Labor Program Account shall be transferred to and merged 
     with this account.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $412,254,000 
     shall be transferred to and merged with the appropriation for 
     ``Rural Development, Salaries and Expenses''.

                       rental assistance program

       For rental assistance agreements entered into or renewed 
     pursuant to the authority under section 521(a)(2) of the 
     Housing Act of 1949 or agreements entered into in lieu of 
     debt forgiveness or payments for eligible households as 
     authorized by section 502(c)(5)(D) of the Housing Act of 
     1949, $1,410,000,000, of which $40,000,000 shall be available 
     until September 30, 2022; and in addition such sums as may be 
     necessary, as authorized by section 521(c) of the Act, to 
     liquidate debt incurred prior to fiscal year 1992 to carry 
     out the rental assistance program under section 521(a)(2) of 
     the Act:  Provided, That rental assistance agreements entered 
     into or renewed during the current fiscal year shall be 
     funded for a one-year period:  Provided further, That upon 
     request by an owner of a project financed by an existing loan 
     under section 514 or 515 of the Act, the Secretary may renew 
     the rental assistance agreement for a period of 20 years or 
     until the term of such loan has expired, subject to annual 
     appropriations:  Provided further, That any unexpended 
     balances remaining at the end of such one-year agreements may 
     be transferred and used for purposes of any debt reduction, 
     maintenance, repair, or rehabilitation of any existing 
     projects; preservation; and rental assistance activities 
     authorized under title V of the Act:  Provided further, That 
     rental assistance provided under agreements entered into 
     prior to fiscal year 2021 for a farm labor multi-family 
     housing project financed under section 514 or 516 of the Act 
     may not be recaptured for use in another project until such 
     assistance has remained unused for a period of 12 consecutive 
     months, if such project has a waiting list of tenants seeking 
     such assistance or the project has rental assistance eligible 
     tenants who are not receiving such assistance:  Provided 
     further, That such recaptured rental assistance shall, to the 
     extent practicable, be applied to another farm labor multi-
     family housing project financed under section 514 or 516 of 
     the Act:  Provided further, That except as provided in the 
     fourth proviso under this heading and notwithstanding any 
     other provision of the Act, the Secretary may recapture 
     rental assistance provided under agreements entered into 
     prior to fiscal year 2021 for a project that the Secretary 
     determines no longer needs rental assistance and use such 
     recaptured funds for current needs.

          multi-family housing revitalization program account

       For the rural housing voucher program as authorized under 
     section 542 of the Housing Act of 1949, but notwithstanding 
     subsection (b) of such section, and for additional costs to 
     conduct a demonstration program for the preservation and 
     revitalization of multi-family rental housing properties 
     described in this paragraph, $68,000,000, to remain available 
     until expended:  Provided, That of the funds made available 
     under this heading, $40,000,000, shall be available for rural 
     housing vouchers to any low-income household (including those 
     not receiving rental assistance) residing in a property 
     financed with a section 515 loan which has been prepaid after 
     September 30, 2005:  Provided further, That the amount of 
     such voucher shall be the difference between comparable 
     market rent for the section 515 unit and the tenant paid rent 
     for such unit:  Provided further, That funds made available 
     for such vouchers shall be subject to the availability of 
     annual appropriations:  Provided further, That the Secretary 
     shall, to the maximum extent practicable, administer such 
     vouchers with current regulations and administrative guidance 
     applicable to section 8 housing vouchers administered by the 
     Secretary of the Department of Housing and Urban Development: 
      Provided further, That if the Secretary determines that the 
     amount made available for vouchers in this or any other Act 
     is not needed for vouchers, the Secretary may use such funds 
     for the demonstration program for the preservation and 
     revitalization of multi-family rental housing properties 
     described in this paragraph:  Provided further, That of the 
     funds made available under this heading, $28,000,000 shall be 
     available for a demonstration program for the preservation 
     and revitalization of the sections 514, 515, and 516 multi-
     family rental housing properties to restructure existing USDA 
     multi-family housing loans, as the Secretary deems 
     appropriate, expressly for the purposes of ensuring the 
     project has sufficient resources to preserve the project for 
     the purpose of providing safe and affordable housing for low-
     income residents and farm laborers including reducing or 
     eliminating interest; deferring loan payments, subordinating, 
     reducing or reamortizing loan debt; and other financial 
     assistance including advances, payments and incentives 
     (including the ability of owners to obtain reasonable returns 
     on investment) required by the Secretary:  Provided further, 
     That the Secretary shall as part of the preservation and 
     revitalization agreement obtain a restrictive use agreement 
     consistent with the terms of the restructuring:  Provided 
     further, That if the Secretary determines that additional 
     funds for vouchers described in this paragraph are needed, 
     funds for the preservation and revitalization demonstration 
     program may be used for such vouchers:  Provided further, 
     That if Congress enacts legislation to permanently authorize 
     a multi-family rental housing loan restructuring program 
     similar to the demonstration program described herein, the 
     Secretary may use funds made available for the demonstration 
     program under this heading to carry out such legislation with 
     the

[[Page H7329]]

     prior approval of the Committees on Appropriations of both 
     Houses of Congress:  Provided further, That in addition to 
     any other available funds, the Secretary may expend not more 
     than $1,000,000 total, from the program funds made available 
     under this heading, for administrative expenses for 
     activities funded under this heading.

                  mutual and self-help housing grants

        For grants and contracts pursuant to section 523(b)(1)(A) 
     of the Housing Act of 1949 (42 U.S.C. 1490c), $31,000,000, to 
     remain available until expended.

                    rural housing assistance grants

       For grants for very low-income housing repair and rural 
     housing preservation made by the Rural Housing Service, as 
     authorized by 42 U.S.C. 1474, and 1490m, $45,000,000, to 
     remain available until expended.

               rural community facilities program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by section 306 and 
     described in section 381E(d)(1) of the Consolidated Farm and 
     Rural Development Act, $2,800,000,000 for direct loans and 
     $500,000,000 for guaranteed loans.
       For the cost of direct loans, loan guarantees and grants, 
     including the cost of modifying loans, as defined in section 
     502 of the Congressional Budget Act of 1974, for rural 
     community facilities programs as authorized by section 306 
     and described in section 381E(d)(1) of the Consolidated Farm 
     and Rural Development Act, $74,000,000, to remain available 
     until expended:  Provided, That $6,000,000 of the amount 
     appropriated under this heading shall be available for a 
     Rural Community Development Initiative:  Provided further, 
     That such funds shall be used solely to develop the capacity 
     and ability of private, nonprofit community-based housing and 
     community development organizations, low-income rural 
     communities, and Federally Recognized Native American Tribes 
     to undertake projects to improve housing, community 
     facilities, community and economic development projects in 
     rural areas:  Provided further, That such funds shall be made 
     available to qualified private, nonprofit and public 
     intermediary organizations proposing to carry out a program 
     of financial and technical assistance:  Provided further, 
     That such intermediary organizations shall provide matching 
     funds from other sources, including Federal funds for related 
     activities, in an amount not less than funds provided:  
     Provided further, That $6,000,000 of the amount appropriated 
     under this heading shall be to provide grants for facilities 
     in rural communities with extreme unemployment and severe 
     economic depression (Public Law 106-387), with up to 5 
     percent for administration and capacity building in the State 
     rural development offices:  Provided further, That of the 
     amount appropriated under this heading, $25,000,000 shall be 
     available to cover the subsidy costs for loans or loan 
     guarantees under this heading:  Provided further, That if any 
     such funds remain unobligated for the subsidy costs after 
     June 30, 2021, the unobligated balance may be transferred to 
     the grant programs funded under this heading:  Provided 
     further, That any unobligated balances from prior year 
     appropriations under this heading for the cost of direct 
     loans, loan guarantees and grants, including amounts 
     deobligated or cancelled, may be made available to cover the 
     subsidy costs for direct loans and or loan guarantees under 
     this heading in this fiscal year:  Provided further, That no 
     amounts may be made available pursuant to the preceding 
     proviso from amounts that were designated by the Congress as 
     an emergency requirement pursuant to a Concurrent Resolution 
     on the Budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That $5,000,000 of 
     the amount appropriated under this heading shall be available 
     for community facilities grants to tribal colleges, as 
     authorized by section 306(a)(19) of such Act:  Provided 
     further, That sections 381E-H and 381N of the Consolidated 
     Farm and Rural Development Act are not applicable to the 
     funds made available under this heading.

                  Rural Business--Cooperative Service

                     rural business program account

                     (including transfers of funds)

       For the cost of loan guarantees and grants, for the rural 
     business development programs authorized by section 310B and 
     described in subsections (a), (c), (f) and (g) of section 
     310B of the Consolidated Farm and Rural Development Act, 
     $56,400,000, to remain available until expended:  Provided, 
     That of the amount appropriated under this heading, not to 
     exceed $500,000 shall be made available for one grant to a 
     qualified national organization to provide technical 
     assistance for rural transportation in order to promote 
     economic development and $9,000,000 shall be for grants to 
     the Delta Regional Authority (7 U.S.C. 2009aa et seq.), the 
     Northern Border Regional Commission (40 U.S.C. 15101 et 
     seq.), and the Appalachian Regional Commission (40 U.S.C. 
     14101 et seq.) for any Rural Community Advancement Program 
     purpose as described in section 381E(d) of the Consolidated 
     Farm and Rural Development Act, of which not more than 5 
     percent may be used for administrative expenses:  Provided 
     further, That $4,000,000 of the amount appropriated under 
     this heading shall be for business grants to benefit 
     Federally Recognized Native American Tribes, including 
     $250,000 for a grant to a qualified national organization to 
     provide technical assistance for rural transportation in 
     order to promote economic development:  Provided further, 
     That of the amount appropriated under this heading, not to 
     exceed $2,000,000 shall be for Rural Business Development 
     Grants in rural coastal communities, with priority given to 
     National Scenic Areas that were devastated by wildfires that 
     are in need of economic development assistance, to support 
     innovation and job growth:  Provided further, That sections 
     381E-H and 381N of the Consolidated Farm and Rural 
     Development Act are not applicable to funds made available 
     under this heading.

              intermediary relending program fund account

                     (including transfer of funds)

       For the principal amount of direct loans, as authorized by 
     the Intermediary Relending Program Fund Account (7 U.S.C. 
     1936b), $18,889,000.
       For the cost of direct loans, $2,939,000, as authorized by 
     the Intermediary Relending Program Fund Account (7 U.S.C. 
     1936b), of which $557,000 shall be available through June 30, 
     2021, for Federally Recognized Native American Tribes; and of 
     which $1,072,000 shall be available through June 30, 2021, 
     for Mississippi Delta Region counties (as determined in 
     accordance with Public Law 100-460):  Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974.
       In addition, for administrative expenses to carry out the 
     direct loan programs, $4,468,000 shall be transferred to and 
     merged with the appropriation for ``Rural Development, 
     Salaries and Expenses''.

            rural economic development loans program account

       For the principal amount of direct loans, as authorized 
     under section 313B(a) of the Rural Electrification Act, for 
     the purpose of promoting rural economic development and job 
     creation projects, $50,000,000.
       The cost of grants authorized under section 313B(a) of the 
     Rural Electrification Act, for the purpose of promoting rural 
     economic development and job creation projects shall not 
     exceed $10,000,000.

                  rural cooperative development grants

       For rural cooperative development grants authorized under 
     section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932), $26,600,000, of which 
     $2,800,000 shall be for cooperative agreements for the 
     appropriate technology transfer for rural areas program:  
     Provided, That not to exceed $3,000,000 shall be for grants 
     for cooperative development centers, individual cooperatives, 
     or groups of cooperatives that serve socially disadvantaged 
     groups and a majority of the boards of directors or governing 
     boards of which are comprised of individuals who are members 
     of socially disadvantaged groups; and of which $15,000,000, 
     to remain available until expended, shall be for value-added 
     agricultural product market development grants, as authorized 
     by section 210A of the Agricultural Marketing Act of 1946, of 
     which $3,000,000, to remain available until expended, shall 
     be for Agriculture Innovation Centers authorized pursuant to 
     section 6402 of Public Law 107-171.

               rural microentrepreneur assistance program

       For the cost of loans and grants, $6,000,000 under the same 
     terms and conditions as authorized by section 379E of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2008s): 
      Provided, That such costs of loans, including the cost of 
     modifying such loans, shall be defined in section 502 of the 
     Congressional Budget Act of 1974.

                    rural energy for america program

        For the cost of a program of loan guarantees, under the 
     same terms and conditions as authorized by section 9007 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     8107), $392,000:  Provided, That the cost of loan guarantees, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974.

                        Rural Utilities Service

             rural water and waste disposal program account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by section 306 and 
     described in section 381E(d)(2) of the Consolidated Farm and 
     Rural Development Act, as follows: $1,400,000,000 for direct 
     loans; and $50,000,000 for guaranteed loans.
       For the cost of loan guarantees and grants, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, for rural water, waste 
     water, waste disposal, and solid waste management programs 
     authorized by sections 306, 306A, 306C, 306D, 306E, and 310B 
     and described in sections 306C(a)(2), 306D, 306E, and 
     381E(d)(2) of the Consolidated Farm and Rural Development 
     Act, $621,567,000, to remain available until expended, of 
     which not to exceed $1,000,000 shall be available for the 
     rural utilities program described in section 306(a)(2)(B) of 
     such Act, and of which not to exceed $5,000,000 shall be 
     available for the rural utilities program described in 
     section 306E of such Act:  Provided, That not to exceed 
     $15,000,000 of the amount appropriated under this heading 
     shall be for grants authorized by section 306A(i)(2) of the 
     Consolidated Farm and Rural Development Act in addition to 
     funding authorized by section 306A(i)(1) of such Act:  
     Provided further, That $68,000,000 of the amount appropriated 
     under this heading shall be for loans and grants including 
     water and waste disposal systems grants authorized by section 
     306C(a)(2)(B) and section 306D of the Consolidated Farm and 
     Rural Development Act, and Federally Recognized Native 
     American Tribes authorized by 306C(a)(1) of such Act:  
     Provided further, That funding provided for section 306D of 
     the Consolidated Farm and Rural Development Act may be 
     provided to a consortium formed pursuant to section 325 of 
     Public Law

[[Page H7330]]

     105-83:  Provided further, That not more than 2 percent of 
     the funding provided for section 306D of the Consolidated 
     Farm and Rural Development Act may be used by the State of 
     Alaska for training and technical assistance programs and not 
     more than 2 percent of the funding provided for section 306D 
     of the Consolidated Farm and Rural Development Act may be 
     used by a consortium formed pursuant to section 325 of Public 
     Law 105-83 for training and technical assistance programs:  
     Provided further, That not to exceed $35,000,000 of the 
     amount appropriated under this heading shall be for technical 
     assistance grants for rural water and waste systems pursuant 
     to section 306(a)(14) of such Act, unless the Secretary makes 
     a determination of extreme need, of which $8,000,000 shall be 
     made available for a grant to a qualified nonprofit multi-
     State regional technical assistance organization, with 
     experience in working with small communities on water and 
     waste water problems, the principal purpose of such grant 
     shall be to assist rural communities with populations of 
     3,300 or less, in improving the planning, financing, 
     development, operation, and management of water and waste 
     water systems, and of which not less than $800,000 shall be 
     for a qualified national Native American organization to 
     provide technical assistance for rural water systems for 
     tribal communities:  Provided further, That not to exceed 
     $20,157,000 of the amount appropriated under this heading 
     shall be for contracting with qualified national 
     organizations for a circuit rider program to provide 
     technical assistance for rural water systems:  Provided 
     further, That not to exceed $4,000,000 of the amounts made 
     available under this heading shall be for solid waste 
     management grants:  Provided further, That $10,000,000 of the 
     amount appropriated under this heading shall be transferred 
     to, and merged with, the Rural Utilities Service, High Energy 
     Cost Grants Account to provide grants authorized under 
     section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 
     918a):  Provided further, That any prior year balances for 
     high-energy cost grants authorized by section 19 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 918a) shall be 
     transferred to and merged with the Rural Utilities Service, 
     High Energy Cost Grants Account:  Provided further, That 
     sections 381E-H and 381N of the Consolidated Farm and Rural 
     Development Act are not applicable to the funds made 
     available under this heading.

   rural electrification and telecommunications loans program account

                     (including transfer of funds)

       The principal amount of direct and guaranteed loans as 
     authorized by sections 305, 306, and 317 of the Rural 
     Electrification Act of 1936 (7 U.S.C. 935, 936, and 940g) 
     shall be made as follows: loans made pursuant to sections 
     305, 306, and 317, notwithstanding 317(c), of that Act, rural 
     electric, $5,500,000,000; guaranteed underwriting loans 
     pursuant to section 313A of that Act, $750,000,000; 5 percent 
     rural telecommunications loans, cost of money rural 
     telecommunications loans, and for loans made pursuant to 
     section 306 of that Act, rural telecommunications loans, 
     $690,000,000:  Provided, That up to $2,000,000,000 shall be 
     used for the construction, acquisition, design and 
     engineering or improvement of fossil-fueled electric 
     generating plants (whether new or existing) that utilize 
     carbon subsurface utilization and storage systems.
       For the cost of direct loans as authorized by section 305 
     of the Rural Electrification Act of 1936 (7 U.S.C. 935), 
     including the cost of modifying loans, as defined in section 
     502 of the Congressional Budget Act of 1974, cost of money 
     rural telecommunications loans, $2,277,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $33,270,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Development, Salaries and 
     Expenses''.

         distance learning, telemedicine, and broadband program

       For the principal amount of broadband telecommunication 
     loans, $11,869,000.
       For grants for telemedicine and distance learning services 
     in rural areas, as authorized by 7 U.S.C. 950aaa et seq., 
     $60,000,000, to remain available until expended:  Provided, 
     That $3,000,000 shall be made available for grants authorized 
     by section 379G of the Consolidated Farm and Rural 
     Development Act:  Provided further, That funding provided 
     under this heading for grants under section 379G of the 
     Consolidated Farm and Rural Development Act may only be 
     provided to entities that meet all of the eligibility 
     criteria for a consortium as established by this section.
       For the cost of broadband loans, as authorized by section 
     601 of the Rural Electrification Act, $2,000,000, to remain 
     available until expended:  Provided, That the cost of direct 
     loans shall be as defined in section 502 of the Congressional 
     Budget Act of 1974.
       In addition, $35,000,000, to remain available until 
     expended, for the Community Connect Grant Program authorized 
     by 7 U.S.C. 950bb-3.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition, and Consumer 
                                Services

       For necessary expenses of the Office of the Under Secretary 
     for Food, Nutrition, and Consumer Services, $809,000:  
     Provided, That funds made available by this Act to an agency 
     in the Food, Nutrition and Consumer Services mission area for 
     salaries and expenses are available to fund up to one 
     administrative support staff for the Office.

                       Food and Nutrition Service

                        child nutrition programs

                     (including transfers of funds)

       For necessary expenses to carry out the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.), except 
     section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 
     1771 et seq.), except sections 17 and 21; $25,118,440,000 to 
     remain available through September 30, 2022, of which such 
     sums as are made available under section 14222(b)(1) of the 
     Food, Conservation, and Energy Act of 2008 (Public Law 110-
     246), as amended by this Act, shall be merged with and 
     available for the same time period and purposes as provided 
     herein:  Provided, That of the total amount available, 
     $18,004,000 shall be available to carry out section 19 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.):  
     Provided further, That of the total amount available, 
     $15,299,000 shall be available to carry out studies and 
     evaluations and shall remain available until expended:  
     Provided further, That of the total amount available, 
     $30,000,000 shall be available to provide competitive grants 
     to State agencies for subgrants to local educational agencies 
     and schools to purchase the equipment, with a value of 
     greater than $1,000, needed to serve healthier meals, improve 
     food safety, and to help support the establishment, 
     maintenance, or expansion of the school breakfast program:  
     Provided further, That of the total amount available, 
     $42,000,000 shall remain available until expended to carry 
     out section 749(g) of the Agriculture Appropriations Act of 
     2010 (Public Law 111-80):  Provided further, That section 
     26(d) of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1769g(d)) is amended in the first sentence by striking 
     ``2010 through 2021'' and inserting ``2010 through 2022'':  
     Provided further, That section 9(h)(3) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is 
     amended in the first sentence by striking ``For fiscal year 
     2020'' and inserting ``For fiscal year 2021'':  Provided 
     further, That section 9(h)(4) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended 
     in the first sentence by striking ``For fiscal year 2020'' 
     and inserting ``For fiscal year 2021''.

special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $6,000,000,000, to remain available through September 30, 
     2022:  Provided, That notwithstanding section 17(h)(10) of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not 
     less than $90,000,000 shall be used for breastfeeding peer 
     counselors and other related activities, and $14,000,000 
     shall be used for infrastructure:  Provided further, That 
     none of the funds provided in this account shall be available 
     for the purchase of infant formula except in accordance with 
     the cost containment and competitive bidding requirements 
     specified in section 17 of such Act:  Provided further, That 
     none of the funds provided shall be available for activities 
     that are not fully reimbursed by other Federal Government 
     departments or agencies unless authorized by section 17 of 
     such Act:  Provided further, That upon termination of a 
     federally mandated vendor moratorium and subject to terms and 
     conditions established by the Secretary, the Secretary may 
     waive the requirement at 7 CFR 246.12(g)(6) at the request of 
     a State agency.

               supplemental nutrition assistance program

       For necessary expenses to carry out the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2011 et seq.), $114,035,578,000, of 
     which $3,000,000,000, to remain available through September 
     30, 2023, shall be placed in reserve for use only in such 
     amounts and at such times as may become necessary to carry 
     out program operations:  Provided, That funds provided herein 
     shall be expended in accordance with section 16 of the Food 
     and Nutrition Act of 2008:  Provided further, That of the 
     funds made available under this heading, $998,000 may be used 
     to provide nutrition education services to State agencies and 
     Federally Recognized Tribes participating in the Food 
     Distribution Program on Indian Reservations:  Provided 
     further, That this appropriation shall be subject to any work 
     registration or workfare requirements as may be required by 
     law:  Provided further, That funds made available for 
     Employment and Training under this heading shall remain 
     available through September 30, 2022:  Provided further, That 
     funds made available under this heading for section 28(d)(1), 
     section 4(b), and section 27(a) of the Food and Nutrition Act 
     of 2008 shall remain available through September 30, 2022:  
     Provided further, That with respect to funds made available 
     under this heading for section 28(d)(1), the Secretary shall 
     use 2 percent for administration, training and technical 
     assistance, and pilot projects under section 28:  Provided 
     further, That none of the funds made available under this 
     heading may be obligated or expended in contravention of 
     section 213A of the Immigration and Nationality Act (8 U.S.C. 
     1183A):  Provided further, That funds made available under 
     this heading may be used to enter into contracts and employ 
     staff to conduct studies, evaluations, or to conduct 
     activities related to program integrity provided that such 
     activities are authorized by the Food and Nutrition Act of 
     2008.

                      commodity assistance program

       For necessary expenses to carry out disaster assistance and 
     the Commodity Supplemental Food Program as authorized by 
     section 4(a) of the Agriculture and Consumer Protection Act 
     of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance 
     Act of 1983; special assistance for the nuclear affected 
     islands, as authorized by section 103(f)(2) of the Compact of 
     Free Association Amendments Act of 2003 (Public Law 108-188); 
     and the Farmers' Market Nutrition Program, as authorized by 
     section 17(m) of the Child Nutrition Act of 1966, 
     $426,700,000, to remain available through September 30, 2022: 
      Provided, That

[[Page H7331]]

     none of these funds shall be available to reimburse the 
     Commodity Credit Corporation for commodities donated to the 
     program:  Provided further, That notwithstanding any other 
     provision of law, effective with funds made available in 
     fiscal year 2021 to support the Seniors Farmers' Market 
     Nutrition Program, as authorized by section 4402 of the Farm 
     Security and Rural Investment Act of 2002, such funds shall 
     remain available through September 30, 2022:  Provided 
     further, That of the funds made available under section 27(a) 
     of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the 
     Secretary may use up to 20 percent for costs associated with 
     the distribution of commodities.

                   nutrition programs administration

       For necessary administrative expenses of the Food and 
     Nutrition Service for carrying out any domestic nutrition 
     assistance program, $156,805,000:  Provided, That of the 
     funds provided herein, $2,000,000 shall be used for the 
     purposes of section 4404 of Public Law 107-171, as amended by 
     section 4401 of Public Law 110-246.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

   Office of the Under Secretary for Trade and Foreign Agricultural 
                                Affairs

       For necessary expenses of the Office of the Under Secretary 
     for Trade and Foreign Agricultural Affairs, $887,000:  
     Provided, That funds made available by this Act to any agency 
     in the Trade and Foreign Agricultural Affairs mission area 
     for salaries and expenses are available to fund up to one 
     administrative support staff for the Office.

                      office of codex alimentarius

       For necessary expenses of the Office of Codex Alimentarius, 
     $4,805,000, including not to exceed $40,000 for official 
     reception and representation expenses.

                      Foreign Agricultural Service

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Foreign Agricultural Service, 
     including not to exceed $250,000 for representation 
     allowances and for expenses pursuant to section 8 of the Act 
     approved August 3, 1956 (7 U.S.C. 1766), $221,835,000, of 
     which no more than 6 percent shall remain available until 
     September 30, 2022, for overseas operations to include the 
     payment of locally employed staff:  Provided, That the 
     Service may utilize advances of funds, or reimburse this 
     appropriation for expenditures made on behalf of Federal 
     agencies, public and private organizations and institutions 
     under agreements executed pursuant to the agricultural food 
     production assistance programs (7 U.S.C. 1737) and the 
     foreign assistance programs of the United States Agency for 
     International Development:  Provided further, That funds made 
     available for middle-income country training programs, funds 
     made available for the Borlaug International Agricultural 
     Science and Technology Fellowship program, and up to 
     $2,000,000 of the Foreign Agricultural Service appropriation 
     solely for the purpose of offsetting fluctuations in 
     international currency exchange rates, subject to 
     documentation by the Foreign Agricultural Service, shall 
     remain available until expended.

  food for peace title i direct credit and food for progress program 
                                account

                     (including transfer of funds)

       For administrative expenses to carry out the credit program 
     of title I, Food for Peace Act (Public Law 83-480) and the 
     Food for Progress Act of 1985, $112,000, shall be transferred 
     to and merged with the appropriation for ``Farm Production 
     and Conservation Business Center, Salaries and Expenses''.

                     food for peace title ii grants

       For expenses during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Food for Peace Act (Public Law 
     83-480), for commodities supplied in connection with 
     dispositions abroad under title II of said Act, 
     $1,740,000,000, to remain available until expended.

  mcgovern-dole international food for education and child nutrition 
                             program grants

       For necessary expenses to carry out the provisions of 
     section 3107 of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1736o-1), $230,000,000, to remain available 
     until expended:  Provided, That the Commodity Credit 
     Corporation is authorized to provide the services, 
     facilities, and authorities for the purpose of implementing 
     such section, subject to reimbursement from amounts provided 
     herein:  Provided further, That of the amount made available 
     under this heading, not more than 10 percent, but not less 
     than $23,000,000, shall remain available until expended to 
     purchase agricultural commodities as described in subsection 
     3107(a)(2) of the Farm Security and Rural Investment Act of 
     2002 (7 U.S.C. 1736o-1(a)(2)).

 commodity credit corporation export (loans) credit guarantee program 
                                account

                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's Export Guarantee Program, GSM 102 and 
     GSM 103, $6,381,000, to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit Corporation 
     Charter Act and in conformity with the Federal Credit Reform 
     Act of 1990, of which $6,063,000 shall be transferred to and 
     merged with the appropriation for ``Foreign Agricultural 
     Service, Salaries and Expenses'', and of which $318,000 shall 
     be transferred to and merged with the appropriation for 
     ``Farm Production and Conservation Business Center, Salaries 
     and Expenses''.

                                TITLE VI

            RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

                Department of Health and Human Services

                      food and drug administration

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     payment of space rental and related costs pursuant to Public 
     Law 92-313 for programs and activities of the Food and Drug 
     Administration which are included in this Act; for rental of 
     special purpose space in the District of Columbia or 
     elsewhere; in addition to amounts appropriated to the FDA 
     Innovation Account, for carrying out the activities described 
     in section 1002(b)(4) of the 21st Century Cures Act (Public 
     Law 114-255); for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; and notwithstanding 
     section 521 of Public Law 107-188; $5,876,025,000:  Provided, 
     That of the amount provided under this heading, 
     $1,107,199,000 shall be derived from prescription drug user 
     fees authorized by 21 U.S.C. 379h, and shall be credited to 
     this account and remain available until expended; 
     $236,059,000 shall be derived from medical device user fees 
     authorized by 21 U.S.C. 379j, and shall be credited to this 
     account and remain available until expended; $520,208,000 
     shall be derived from human generic drug user fees authorized 
     by 21 U.S.C. 379j-42, and shall be credited to this account 
     and remain available until expended; $42,494,000 shall be 
     derived from biosimilar biological product user fees 
     authorized by 21 U.S.C. 379j-52, and shall be credited to 
     this account and remain available until expended; $33,340,000 
     shall be derived from animal drug user fees authorized by 21 
     U.S.C. 379j-12, and shall be credited to this account and 
     remain available until expended; $22,797,000 shall be derived 
     from generic new animal drug user fees authorized by 21 
     U.S.C. 379j-21, and shall be credited to this account and 
     remain available until expended; $712,000,000 shall be 
     derived from tobacco product user fees authorized by 21 
     U.S.C. 387s, and shall be credited to this account and remain 
     available until expended:  Provided further, That in addition 
     to and notwithstanding any other provision under this 
     heading, amounts collected for prescription drug user fees, 
     medical device user fees, human generic drug user fees, 
     biosimilar biological product user fees, animal drug user 
     fees, and generic new animal drug user fees that exceed the 
     respective fiscal year 2021 limitations are appropriated and 
     shall be credited to this account and remain available until 
     expended:  Provided further, That fees derived from 
     prescription drug, medical device, human generic drug, 
     biosimilar biological product, animal drug, and generic new 
     animal drug assessments for fiscal year 2021, including any 
     such fees collected prior to fiscal year 2021 but credited 
     for fiscal year 2021, shall be subject to the fiscal year 
     2021 limitations:  Provided further, That the Secretary may 
     accept payment during fiscal year 2021 of user fees specified 
     under this heading and authorized for fiscal year 2022, prior 
     to the due date for such fees, and that amounts of such fees 
     assessed for fiscal year 2022 for which the Secretary accepts 
     payment in fiscal year 2021 shall not be included in amounts 
     under this heading:  Provided further, That none of these 
     funds shall be used to develop, establish, or operate any 
     program of user fees authorized by 31 U.S.C. 9701:  Provided 
     further, That of the total amount appropriated: (1) 
     $1,099,160,000 shall be for the Center for Food Safety and 
     Applied Nutrition and related field activities in the Office 
     of Regulatory Affairs, of which no less than $15,000,000 
     shall be used for inspections of foreign seafood 
     manufacturers and field examinations of imported seafood; (2) 
     $1,996,126,000 shall be for the Center for Drug Evaluation 
     and Research and related field activities in the Office of 
     Regulatory Affairs; (3) $437,071,000 shall be for the Center 
     for Biologics Evaluation and Research and for related field 
     activities in the Office of Regulatory Affairs; (4) 
     $244,350,000 shall be for the Center for Veterinary Medicine 
     and for related field activities in the Office of Regulatory 
     Affairs; (5) $609,121,000 shall be for the Center for Devices 
     and Radiological Health and for related field activities in 
     the Office of Regulatory Affairs; (6) $66,712,000 shall be 
     for the National Center for Toxicological Research; (7) 
     $681,513,000 shall be for the Center for Tobacco Products and 
     for related field activities in the Office of Regulatory 
     Affairs; (8) $188,707,000 shall be for Rent and Related 
     activities, of which $52,944,000 is for White Oak 
     Consolidation, other than the amounts paid to the General 
     Services Administration for rent; (9) $235,112,000 shall be 
     for payments to the General Services Administration for rent; 
     and (10) $318,153,000 shall be for other activities, 
     including the Office of the Commissioner of Food and Drugs, 
     the Office of Food Policy and Response, the Office of 
     Operations, the Office of the Chief Scientist, and central 
     services for these offices:  Provided further, That not to 
     exceed $25,000 of this amount shall be for official reception 
     and representation expenses, not otherwise provided for, as 
     determined by the Commissioner:  Provided further, That any 
     transfer of funds pursuant to section 770(n) of the Federal 
     Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only 
     be from amounts made available under this heading for other 
     activities:  Provided further, That of the amounts that are 
     made available under this heading for ``other activities'', 
     and that are not derived from user fees, $1,500,000 shall be 
     transferred to and merged with the appropriation for 
     ``Department of Health and Human Services--Office of 
     Inspector General'' for oversight of the programs

[[Page H7332]]

     and operations of the Food and Drug Administration and shall 
     be in addition to funds otherwise made available for 
     oversight of the Food and Drug Administration:  Provided 
     further, That funds may be transferred from one specified 
     activity to another with the prior approval of the Committees 
     on Appropriations of both Houses of Congress.
       In addition, mammography user fees authorized by 42 U.S.C. 
     263b, export certification user fees authorized by 21 U.S.C. 
     381, priority review user fees authorized by 21 U.S.C. 360n 
     and 360ff, food and feed recall fees, food reinspection fees, 
     and voluntary qualified importer program fees authorized by 
     21 U.S.C. 379j-31, outsourcing facility fees authorized by 21 
     U.S.C. 379j-62, prescription drug wholesale distributor 
     licensing and inspection fees authorized by 21 U.S.C. 
     353(e)(3), third-party logistics provider licensing and 
     inspection fees authorized by 21 U.S.C. 360eee-3(c)(1), 
     third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), 
     medical countermeasure priority review voucher user fees 
     authorized by 21 U.S.C. 360bbb-4a, and fees relating to over-
     the-counter monograph drugs authorized by 21 U.S.C. 379j-72 
     shall be credited to this account, to remain available until 
     expended.

                        buildings and facilities

       For plans, construction, repair, improvement, extension, 
     alteration, demolition, and purchase of fixed equipment or 
     facilities of or used by the Food and Drug Administration, 
     where not otherwise provided, $12,788,000, to remain 
     available until expended.

                   fda innovation account, cures act

                     (including transfer of funds)

       For necessary expenses to carry out the purposes described 
     under section 1002(b)(4) of the 21st Century Cures Act, in 
     addition to amounts available for such purposes under the 
     heading ``Salaries and Expenses'', $70,000,000, to remain 
     available until expended:  Provided, That amounts 
     appropriated in this paragraph are appropriated pursuant to 
     section 1002(b)(3) of the 21st Century Cures Act, are to be 
     derived from amounts transferred under section 1002(b)(2)(A) 
     of such Act, and may be transferred by the Commissioner of 
     Food and Drugs to the appropriation for ``Department of 
     Health and Human Services Food and Drug Administration 
     Salaries and Expenses'' solely for the purposes provided in 
     such Act:  Provided further, That upon a determination by the 
     Commissioner that funds transferred pursuant to the previous 
     proviso are not necessary for the purposes provided, such 
     amounts may be transferred back to the account:  Provided 
     further, That such transfer authority is in addition to any 
     other transfer authority provided by law.

                           INDEPENDENT AGENCY

                       Farm Credit Administration

                 limitation on administrative expenses

       Not to exceed $80,400,000 (from assessments collected from 
     farm credit institutions, including the Federal Agricultural 
     Mortgage Corporation) shall be obligated during the current 
     fiscal year for administrative expenses as authorized under 
     12 U.S.C. 2249:  Provided, That this limitation shall not 
     apply to expenses associated with receiverships:  Provided 
     further, That the agency may exceed this limitation by up to 
     10 percent with notification to the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That the purposes of section 3.7(b)(2)(A)(i) of the Farm 
     Credit Act of 1971 (12 U.S.C. 2128(b)(2)(A)(i)), the Farm 
     Credit Administration may exempt, an amount in its sole 
     discretion, from the application of the limitation provided 
     in that clause of export loans described in the clause 
     guaranteed or insured in a manner other than described in 
     subclause (II) of the clause.

                               TITLE VII

                           GENERAL PROVISIONS

             (including rescissions and transfers of funds)

       Sec. 701.  The Secretary may use any appropriations made 
     available to the Department of Agriculture in this Act to 
     purchase new passenger motor vehicles, in addition to 
     specific appropriations for this purpose, so long as the 
     total number of vehicles purchased in fiscal year 2021 does 
     not exceed the number of vehicles owned or leased in fiscal 
     year 2018:  Provided, That, prior to purchasing additional 
     motor vehicles, the Secretary must determine that such 
     vehicles are necessary for transportation safety, to reduce 
     operational costs, and for the protection of life, property, 
     and public safety:  Provided further, That the Secretary may 
     not increase the Department of Agriculture's fleet above the 
     2018 level unless the Secretary notifies in writing, and 
     receives approval from, the Committees on Appropriations of 
     both Houses of Congress within 30 days of the notification.
       Sec. 702.  Notwithstanding any other provision of this Act, 
     the Secretary of Agriculture may transfer unobligated 
     balances of discretionary funds appropriated by this Act or 
     any other available unobligated discretionary balances that 
     are remaining available of the Department of Agriculture to 
     the Working Capital Fund for the acquisition of plant and 
     capital equipment necessary for the delivery of financial, 
     administrative, and information technology services of 
     primary benefit to the agencies of the Department of 
     Agriculture, such transferred funds to remain available until 
     expended:  Provided, That none of the funds made available by 
     this Act or any other Act shall be transferred to the Working 
     Capital Fund without the prior approval of the agency 
     administrator:  Provided further, That none of the funds 
     transferred to the Working Capital Fund pursuant to this 
     section shall be available for obligation without written 
     notification to and the prior approval of the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That none of the funds appropriated by this Act or made 
     available to the Department's Working Capital Fund shall be 
     available for obligation or expenditure to make any changes 
     to the Department's National Finance Center without written 
     notification to and prior approval of the Committees on 
     Appropriations of both Houses of Congress as required by 
     section 716 of this Act:  Provided further, That none of the 
     funds appropriated by this Act or made available to the 
     Department's Working Capital Fund shall be available for 
     obligation or expenditure to initiate, plan, develop, 
     implement, or make any changes to remove or relocate any 
     systems, missions, personnel, or functions of the offices of 
     the Chief Financial Officer and the Chief Information 
     Officer, co-located with or from the National Finance Center 
     prior to written notification to and prior approval of the 
     Committee on Appropriations of both Houses of Congress and in 
     accordance with the requirements of section 716 of this Act:  
     Provided further, That the National Finance Center 
     Information Technology Services Division personnel and data 
     center management responsibilities, and control of any 
     functions, missions, and systems for current and future human 
     resources management and integrated personnel and payroll 
     systems (PPS) and functions provided by the Chief Financial 
     Officer and the Chief Information Officer shall remain in the 
     National Finance Center and under the management 
     responsibility and administrative control of the National 
     Finance Center:  Provided further, That the Secretary of 
     Agriculture and the offices of the Chief Financial Officer 
     shall actively market to existing and new Departments and 
     other government agencies National Finance Center shared 
     services including, but not limited to, payroll, financial 
     management, and human capital shared services and allow the 
     National Finance Center to perform technology upgrades:  
     Provided further, That of annual income amounts in the 
     Working Capital Fund of the Department of Agriculture 
     attributable to the amounts in excess of the true costs of 
     the shared services provided by the National Finance Center 
     and budgeted for the National Finance Center, the Secretary 
     shall reserve not more than 4 percent for the replacement or 
     acquisition of capital equipment, including equipment for the 
     improvement, delivery, and implementation of financial, 
     administrative, and information technology services, and 
     other systems of the National Finance Center or to pay any 
     unforeseen, extraordinary cost of the National Finance 
     Center:  Provided further, That none of the amounts reserved 
     shall be available for obligation unless the Secretary 
     submits written notification of the obligation to the 
     Committees on Appropriations of both Houses of Congress:  
     Provided further, That the limitations on the obligation of 
     funds pending notification to Congressional Committees shall 
     not apply to any obligation that, as determined by the 
     Secretary, is necessary to respond to a declared state of 
     emergency that significantly impacts the operations of the 
     National Finance Center; or to evacuate employees of the 
     National Finance Center to a safe haven to continue 
     operations of the National Finance Center.
       Sec. 703.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 704.  No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.
       Sec. 705.  Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     the current fiscal year shall remain available until expended 
     to disburse obligations made in the current fiscal year for 
     the following accounts: the Rural Development Loan Fund 
     program account, the Rural Electrification and 
     Telecommunication Loans program account, and the Rural 
     Housing Insurance Fund program account.
       Sec. 706.  None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board:  Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without written 
     notification to and the prior approval of the Committees on 
     Appropriations of both Houses of Congress:  Provided further, 
     That, notwithstanding section 11319 of title 40, United 
     States Code, none of the funds available to the Department of 
     Agriculture for information technology shall be obligated for 
     projects, contracts, or other agreements over $25,000 prior 
     to receipt of written approval by the Chief Information 
     Officer:  Provided further, That the Chief Information 
     Officer may authorize an agency to obligate funds without 
     written approval from the Chief Information Officer for 
     projects, contracts, or other agreements up to $250,000 based 
     upon the performance of an agency measured against the 
     performance plan requirements described in the explanatory 
     statement accompanying Public Law 113-235.

[[Page H7333]]

       Sec. 707.  Funds made available under section 524(b) of the 
     Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current 
     fiscal year shall remain available until expended to disburse 
     obligations made in the current fiscal year.
       Sec. 708.  Notwithstanding any other provision of law, any 
     former Rural Utilities Service borrower that has repaid or 
     prepaid an insured, direct or guaranteed loan under the Rural 
     Electrification Act of 1936, or any not-for-profit utility 
     that is eligible to receive an insured or direct loan under 
     such Act, shall be eligible for assistance under section 
     313B(a) of such Act in the same manner as a borrower under 
     such Act.
       Sec. 709. (a) Except as otherwise specifically provided by 
     law, not more than $20,000,000 in unobligated balances from 
     appropriations made available for salaries and expenses in 
     this Act for the Farm Service Agency shall remain available 
     through September 30, 2022, for information technology 
     expenses.
       (b) Except as otherwise specifically provided by law, not 
     more than $20,000,000 in unobligated balances from 
     appropriations made available for salaries and expenses in 
     this Act for the Rural Development mission area shall remain 
     available through September 30, 2022, for information 
     technology expenses.
       Sec. 710.  None of the funds appropriated or otherwise made 
     available by this Act may be used for first-class travel by 
     the employees of agencies funded by this Act in contravention 
     of sections 301-10.122 through 301-10.124 of title 41, Code 
     of Federal Regulations.
       Sec. 711.  In the case of each program established or 
     amended by the Agricultural Act of 2014 (Public Law 113-79) 
     or by a successor to that Act, other than by title I or 
     subtitle A of title III of such Act, or programs for which 
     indefinite amounts were provided in that Act, that is 
     authorized or required to be carried out using funds of the 
     Commodity Credit Corporation--
       (1) such funds shall be available for salaries and related 
     administrative expenses, including technical assistance, 
     associated with the implementation of the program, without 
     regard to the limitation on the total amount of allotments 
     and fund transfers contained in section 11 of the Commodity 
     Credit Corporation Charter Act (15 U.S.C. 714i); and
       (2) the use of such funds for such purpose shall not be 
     considered to be a fund transfer or allotment for purposes of 
     applying the limitation on the total amount of allotments and 
     fund transfers contained in such section.
       Sec. 712.  Of the funds made available by this Act, not 
     more than $2,900,000 shall be used to cover necessary 
     expenses of activities related to all advisory committees, 
     panels, commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants.
       Sec. 713. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 714.  Notwithstanding subsection (b) of section 14222 
     of Public Law 110-246 (7 U.S.C. 612c-6; in this section 
     referred to as ``section 14222''), none of the funds 
     appropriated or otherwise made available by this or any other 
     Act shall be used to pay the salaries and expenses of 
     personnel to carry out a program under section 32 of the Act 
     of August 24, 1935 (7 U.S.C. 612c; in this section referred 
     to as ``section 32'') in excess of $1,359,864,000 (exclusive 
     of carryover appropriations from prior fiscal years), as 
     follows: Child Nutrition Programs Entitlement Commodities-- 
     $485,000,000; State Option Contracts-- $5,000,000; Removal of 
     Defective Commodities-- $2,500,000; Administration of Section 
     32 Commodity Purchases-- $36,746,000:  Provided, That of the 
     total funds made available in the matter preceding this 
     proviso that remain unobligated on October 1, 2021, such 
     unobligated balances shall carryover into fiscal year 2022 
     and shall remain available until expended for any of the 
     purposes of section 32, except that any such carryover funds 
     used in accordance with clause (3) of section 32 may not 
     exceed $350,000,000 and may not be obligated until the 
     Secretary of Agriculture provides written notification of the 
     expenditures to the Committees on Appropriations of both 
     Houses of Congress at least two weeks in advance:  Provided 
     further, That, with the exception of any available carryover 
     funds authorized in any prior appropriations Act to be used 
     for the purposes of clause (3) of section 32, none of the 
     funds appropriated or otherwise made available by this or any 
     other Act shall be used to pay the salaries or expenses of 
     any employee of the Department of Agriculture to carry out 
     clause (3) of section 32.
       Sec. 715.  None of the funds appropriated by this or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's budget submission to the Congress for 
     programs under the jurisdiction of the Appropriations 
     Subcommittees on Agriculture, Rural Development, Food and 
     Drug Administration, and Related Agencies that assumes 
     revenues or reflects a reduction from the previous year due 
     to user fees proposals that have not been enacted into law 
     prior to the submission of the budget unless such budget 
     submission identifies which additional spending reductions 
     should occur in the event the user fees proposals are not 
     enacted prior to the date of the convening of a committee of 
     conference for the fiscal year 2022 appropriations Act.
       Sec. 716. (a) None of the funds provided by this Act, or 
     provided by previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in the current fiscal year, or provided from any 
     accounts in the Treasury derived by the collection of fees 
     available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming, transfer of funds, or reimbursements as 
     authorized by the Economy Act, or in the case of the 
     Department of Agriculture, through use of the authority 
     provided by section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public 
     Law 89-106 (7 U.S.C. 2263), that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes offices, programs, or activities; or
       (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;
       unless the Secretary of Agriculture or the Secretary of 
     Health and Human Services (as the case may be) notifies in 
     writing and receives approval from the Committees on 
     Appropriations of both Houses of Congress at least 30 days in 
     advance of the reprogramming of such funds or the use of such 
     authority.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury derived by the collection of fees available to the 
     agencies funded by this Act, shall be available for 
     obligation or expenditure for activities, programs, or 
     projects through a reprogramming or use of the authorities 
     referred to in subsection (a) involving funds in excess of 
     $500,000 or 10 percent, whichever is less, that--
       (1) augments existing programs, projects, or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;
       unless the Secretary of Agriculture or the Secretary of 
     Health and Human Services (as the case may be) notifies in 
     writing and receives approval from the Committees on 
     Appropriations of both Houses of Congress at least 30 days in 
     advance of the reprogramming or transfer of such funds or the 
     use of such authority.
       (c) The Secretary of Agriculture or the Secretary of Health 
     and Human Services shall notify in writing and receive 
     approval from the Committees on Appropriations of both Houses 
     of Congress before implementing any program or activity not 
     carried out during the previous fiscal year unless the 
     program or activity is funded by this Act or specifically 
     funded by any other Act.
       (d) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     the current fiscal year, or provided from any accounts in the 
     Treasury derived by the collection of fees available to the 
     agencies funded by this Act, shall be available for--
       (1) modifying major capital investments funding levels, 
     including information technology systems, that involves 
     increasing or decreasing funds in the current fiscal year for 
     the individual investment in excess of $500,000 or 10 percent 
     of the total cost, whichever is less;
       (2) realigning or reorganizing new, current, or vacant 
     positions or agency activities or functions to establish a 
     center, office, branch, or similar entity with five or more 
     personnel; or
       (3) carrying out activities or functions that were not 
     described in the budget request;
       unless the agencies funded by this Act notify, in writing, 
     the Committees on Appropriations of both Houses of Congress 
     at least 30 days in advance of using the funds for these 
     purposes.
       (e) As described in this section, no funds may be used for 
     any activities unless the Secretary of Agriculture or the 
     Secretary of Health and Human Services receives from the 
     Committee on Appropriations of both Houses of Congress 
     written or electronic mail confirmation of receipt of the 
     notification as required in this section.
       Sec. 717.  Notwithstanding section 310B(g)(5) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1932(g)(5)), the Secretary may assess a one-time fee for any 
     guaranteed business and industry loan in an amount that does 
     not exceed 3 percent of the guaranteed principal portion of 
     the loan.
       Sec. 718.  None of the funds appropriated or otherwise made 
     available to the Department of Agriculture, the Food and Drug 
     Administration, or the Farm Credit Administration shall be 
     used to transmit or otherwise make available reports, 
     questions, or responses to questions that are a result of 
     information requested for the appropriations hearing process 
     to any non-Department of Agriculture, non-Department of 
     Health and Human Services, or non-Farm Credit Administration 
     employee.
       Sec. 719.  Unless otherwise authorized by existing law, 
     none of the funds provided in this Act, may be used by an 
     executive branch agency to produce any prepackaged news story 
     intended for broadcast or distribution in the United States 
     unless the story includes a clear notification within the 
     text or audio of the prepackaged news story that the 
     prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 720.  No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act or any other Act to any other agency or office of 
     the Department for more than 60 days in a fiscal year unless 
     the individual's employing agency or office

[[Page H7334]]

     is fully reimbursed by the receiving agency or office for the 
     salary and expenses of the employee for the period of 
     assignment.
       Sec. 721.  Not later than 30 days after the date of 
     enactment of this Act, the Secretary of Agriculture, the 
     Commissioner of the Food and Drug Administration, and the 
     Chairman of the Farm Credit Administration shall submit to 
     the Committees on Appropriations of both Houses of Congress a 
     detailed spending plan by program, project, and activity for 
     all the funds made available under this Act including 
     appropriated user fees, as defined in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).
       Sec. 722.  Of the unobligated balances from amounts made 
     available for the supplemental nutrition program as 
     authorized by section 17 of the Child Nutrition Act of 1966 
     (42 U.S.C. 1786), $1,250,000,000 are hereby rescinded:  
     Provided, That no amounts may be rescinded from amounts that 
     were designated by the Congress as an emergency requirement 
     pursuant to a Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 723.  For the purposes of determining eligibility or 
     level of program assistance for Rural Development programs 
     the Secretary shall not include incarcerated prison 
     populations.
       Sec. 724.  For loans and loan guarantees that do not 
     require budget authority and the program level has been 
     established in this Act, the Secretary of Agriculture may 
     increase the program level for such loans and loan guarantees 
     by not more than 25 percent:  Provided, That prior to the 
     Secretary implementing such an increase, the Secretary 
     notifies, in writing, the Committees on Appropriations of 
     both Houses of Congress at least 15 days in advance.
       Sec. 725.  None of the credit card refunds or rebates 
     transferred to the Working Capital Fund pursuant to section 
     729 of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2002 
     (7 U.S.C. 2235a; Public Law 107-76) shall be available for 
     obligation without written notification to, and the prior 
     approval of, the Committees on Appropriations of both Houses 
     of Congress:  Provided, That the refunds or rebates so 
     transferred shall be available for obligation only for the 
     acquisition of plant and capital equipment necessary for the 
     delivery of financial, administrative, and information 
     technology services, including cloud adoption and migration, 
     of primary benefit to the agencies of the Department of 
     Agriculture.
       Sec. 726.  None of the funds made available by this Act may 
     be used to implement, administer, or enforce the ``variety'' 
     requirements of the final rule entitled ``Enhancing Retailer 
     Standards in the Supplemental Nutrition Assistance Program 
     (SNAP)'' published by the Department of Agriculture in the 
     Federal Register on December 15, 2016 (81 Fed. Reg. 90675) 
     until the Secretary of Agriculture amends the definition of 
     the term ``variety'' as de fined in section 
     278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, 
     and ``variety'' as applied in the definition of the term 
     ``staple food'' as defined in section 271.2 of title 7, Code 
     of Federal Regulations, to increase the number of items that 
     qualify as acceptable varieties in each staple food category 
     so that the total number of such items in each staple food 
     category exceeds the number of such items in each staple food 
     category included in the final rule as published on December 
     15, 2016:  Provided, That until the Secretary promulgates 
     such regulatory amendments, the Secretary shall apply the 
     requirements regarding acceptable varieties and breadth of 
     stock to Supplemental Nutrition Assistance Program retailers 
     that were in effect on the day before the date of the 
     enactment of the Agricultural Act of 2014 (Public Law 113-
     79).
       Sec. 727.  In carrying out subsection (h) of section 502 of 
     the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of 
     Agriculture shall have the same authority with respect to 
     loans guaranteed under such section and eligible lenders for 
     such loans as the Secretary has under subsections (h) and (j) 
     of section 538 of such Act (42 U.S.C. 1490p-2) with respect 
     to loans guaranteed under such section 538 and eligible 
     lenders for such loans.
       Sec. 728.  None of the funds made available by this Act may 
     be used to propose, promulgate, or implement any rule, or 
     take any other action with respect to, allowing or requiring 
     information intended for a prescribing health care 
     professional, in the case of a drug or biological product 
     subject to section 503(b)(1) of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such 
     professional electronically (in lieu of in paper form) unless 
     and until a Federal law is enacted to allow or require such 
     distribution.
       Sec. 729.  None of the funds made available by this or any 
     other Act may be used to carry out the final rule promulgated 
     by the Food and Drug Administration and put into effect 
     November 16, 2015, in regards to the hazard analysis and 
     risk-based preventive control requirements of the current 
     good manufacturing practice, hazard analysis, and risk-based 
     preventive controls for food for animals rule with respect to 
     the regulation of the production, distribution, sale, or 
     receipt of dried spent grain byproducts of the alcoholic 
     beverage production process.
       Sec. 730.  There is hereby appropriated $11,000,000, to 
     remain available until expended, to carry out section 6407 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     8107a):  Provided, That the Secretary may allow eligible 
     entities, or comparable entities that provide energy 
     efficiency services using their own billing mechanism to 
     offer loans to customers in any part of their service 
     territory and to offer loans to replace a manufactured 
     housing unit with another manufactured housing unit, if 
     replacement would be more cost effective in saving energy.
       Sec. 731. (a) The Secretary of Agriculture shall--
       (1) conduct audits in a manner that evaluates the following 
     factors in the country or region being audited, as 
     applicable--
       (A) veterinary control and oversight;
       (B) disease history and vaccination practices;
       (C) livestock demographics and traceability;
       (D) epidemiological separation from potential sources of 
     infection;
       (E) surveillance practices;
       (F) diagnostic laboratory capabilities; and
       (G) emergency preparedness and response; and
       (2) promptly make publicly available the final reports of 
     any audits or reviews conducted pursuant to subsection (1).
       (b) This section shall be applied in a manner consistent 
     with United States obligations under its international trade 
     agreements.
       Sec. 732.  None of the funds made available by this Act may 
     be used to implement section 3.7(f) of the Farm Credit Act of 
     1971 in a manner inconsistent with section 343(a)(13) of the 
     Consolidated Farm and Rural Development Act.
       Sec. 733.  None of the funds made available by this Act may 
     be used to carry out any activities or incur any expense 
     related to the issuance of licenses under section 3 of the 
     Animal Welfare Act (7 U.S.C. 2133), or the renewal of such 
     licenses, to class B dealers who sell dogs and cats for use 
     in research, experiments, teaching, or testing.
       Sec. 734. (a)(1) No Federal funds made available for this 
     fiscal year for the rural water, waste water, waste disposal, 
     and solid waste management programs authorized by sections 
     306, 306A, 306C, 306D, 306E, and 310B of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall 
     be used for a project for the construction, alteration, 
     maintenance, or repair of a public water or wastewater system 
     unless all of the iron and steel products used in the project 
     are produced in the United States.
       (2) In this section, the term ``iron and steel products'' 
     means the following products made primarily of iron or steel: 
     lined or unlined pipes and fittings, manhole covers and other 
     municipal castings, hydrants, tanks, flanges, pipe clamps and 
     restraints, valves, structural steel, reinforced precast 
     concrete, and construction materials.
       (b) Subsection (a) shall not apply in any case or category 
     of cases in which the Secretary of Agriculture (in this 
     section referred to as the ``Secretary'') or the designee of 
     the Secretary finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron and steel products are not produced in the United 
     States in sufficient and reasonably available quantities or 
     of a satisfactory quality; or
       (3) inclusion of iron and steel products produced in the 
     United States will increase the cost of the overall project 
     by more than 25 percent.
       (c) If the Secretary or the designee receives a request for 
     a waiver under this section, the Secretary or the designee 
     shall make available to the public on an informal basis a 
     copy of the request and information available to the 
     Secretary or the designee concerning the request, and shall 
     allow for informal public input on the request for at least 
     15 days prior to making a finding based on the request. The 
     Secretary or the designee shall make the request and 
     accompanying information available by electronic means, 
     including on the official public Internet Web site of the 
     Department.
       (d) This section shall be applied in a manner consistent 
     with United States obligations under international 
     agreements.
       (e) The Secretary may retain up to 0.25 percent of the 
     funds appropriated in this Act for ``Rural Utilities 
     Service--Rural Water and Waste Disposal Program Account'' for 
     carrying out the provisions described in subsection (a)(1) 
     for management and oversight of the requirements of this 
     section.
       (f) Subsection (a) shall not apply with respect to a 
     project for which the engineering plans and specifications 
     include use of iron and steel products otherwise prohibited 
     by such subsection if the plans and specifications have 
     received required approvals from State agencies prior to the 
     date of enactment of this Act.
       (g) For purposes of this section, the terms ``United 
     States'' and ``State'' shall include each of the several 
     States, the District of Columbia, and each Federally 
     recognized Indian tribe.
       Sec. 735.  None of the funds appropriated by this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 736.  Of the total amounts made available by this Act 
     for direct loans and grants in section 730 and in the 
     following headings: ``Rural Housing Service--Rural Housing 
     Insurance Fund Program Account''; ``Rural Housing Service--
     Mutual and Self-Help Housing Grants''; ``Rural Housing 
     Service--Rural Housing Assistance Grants''; ``Rural Housing 
     Service--Rural Community Facilities Program Account''; 
     ``Rural Business-Cooperative Service--Rural Business Program 
     Account''; ``Rural Business-Cooperative Service--Rural 
     Economic Development Loans Program Account''; ``Rural 
     Business-Cooperative Service--Rural Cooperative Development 
     Grants''; ``Rural Utilities Service--Rural Water and Waste 
     Disposal Program Account''; ``Rural Utilities Service--Rural 
     Electrification and Telecommunications Loans Program 
     Account''; and ``Rural Utilities Service--Distance Learning, 
     Telemedicine, and Broadband Program'', to the maximum extent 
     feasible, at least 10 percent of the funds shall be allocated 
     for assistance in persistent poverty counties under this 
     section, including, notwithstanding any other provision 
     regarding population limits, any

[[Page H7335]]

     county seat of such a persistent poverty county that has a 
     population that does not exceed the authorized population 
     limit by more than 10 percent:  Provided, That for purposes 
     of this section, the term ``persistent poverty counties'' 
     means any county that has had 20 percent or more of its 
     population living in poverty over the past 30 years, as 
     measured by the 1990 and 2000 decennial censuses, and 2007-
     2011 American Community Survey 5-year average, or any 
     territory or possession of the United States:  Provided 
     further, That with respect to specific activities for which 
     program levels have been made available by this Act that are 
     not supported by budget authority, the requirements of this 
     section shall be applied to such program level.
       Sec. 737.  In addition to any other funds made available in 
     this Act or any other Act, there is appropriated $12,000,000 
     to carry out section 18(g)(8) of the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1769(g)), to remain 
     available until expended:  Provided, That notwithstanding 
     section 18(g)(3)(C) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1769 (g)(3)(c)), the total grant amount 
     provided to a farm to school grant recipient in fiscal year 
     2021 shall not exceed $500,000.
       Sec. 738.  There is hereby appropriated $5,000,000, to 
     remain available until September 30, 2022, for the cost of 
     loans and grants that is consistent with section 4206 of the 
     Agricultural Act of 2014, for necessary expenses of the 
     Secretary to support projects that provide access to healthy 
     food in underserved areas, to create and preserve quality 
     jobs, and to revitalize low-income communities.
       Sec. 739.  For an additional amount for ``Animal and Plant 
     Health Inspection Service--Salaries and Expenses'', 
     $8,500,000, to remain available until September 30, 2022, for 
     one-time control and management and associated activities 
     directly related to the multiple-agency response to citrus 
     greening.
       Sec. 740.  None of the funds made available by this Act may 
     be used to notify a sponsor or otherwise acknowledge receipt 
     of a submission for an exemption for investigational use of a 
     drug or biological product under section 505(i) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or 
     section 351(a)(3) of the Public Health Service Act (42 U.S.C. 
     262(a)(3)) in research in which a human embryo is 
     intentionally created or modified to include a heritable 
     genetic modification. Any such submission shall be deemed to 
     have not been received by the Secretary, and the exemption 
     may not go into effect.
       Sec. 741.  None of the funds made available by this or any 
     other Act may be used to enforce the final rule promulgated 
     by the Food and Drug Administration entitled ``Standards for 
     the Growing, Harvesting, Packing, and Holding of Produce for 
     Human Consumption,'' and published on November 27, 2015, with 
     respect to the regulation of entities that grow, harvest, 
     pack, or hold wine grapes, hops, pulse crops, or almonds.
       Sec. 742.  There is hereby appropriated $5,000,000, to 
     remain available until September 30, 2022, for a pilot 
     program for the National Institute of Food and Agriculture to 
     provide grants to nonprofit organizations for programs and 
     services to establish and enhance farming and ranching 
     opportunities for military veterans.
       Sec. 743.  For school years 2020-2021 and 2021-2022, none 
     of the funds made available by this Act may be used to 
     implement or enforce the matter following the first comma in 
     the second sentence of footnote (c) of section 220.8(c) of 
     title 7, Code of Federal Regulations, with respect to the 
     substitution of vegetables for fruits under the school 
     breakfast program established under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773).
       Sec. 744.  None of the funds made available by this Act or 
     any other Act may be used--
       (1) in contravention of section 7606 of the Agricultural 
     Act of 2014 (7 U.S.C. 5940), subtitle G of the Agricultural 
     Marketing Act of 1946, or section 10114 of the Agriculture 
     Improvement Act of 2018; or
       (2) to prohibit the transportation, processing, sale, or 
     use of hemp, or seeds of such plant, that is grown or 
     cultivated in accordance with subsection section 7606 of the 
     Agricultural Act of 2014 or Subtitle G of the Agricultural 
     Marketing Act of 1946, within or outside the State in which 
     the hemp is grown or cultivated.
       Sec. 745.  Out of amounts appropriated to the Food and Drug 
     Administration under title VI, the Secretary of Health and 
     Human Services, acting through the Commissioner of Food and 
     Drugs, shall, not later than September 30, 2021, and 
     following the review required under Executive Order No. 12866 
     (5 U.S.C. 601 note; relating to regulatory planning and 
     review), issue advice revising the advice provided in the 
     notice of availability entitled ``Advice About Eating Fish, 
     From the Environmental Protection Agency and Food and Drug 
     Administration; Revised Fish Advice; Availability'' (82 Fed. 
     Reg. 6571 (January 19, 2017)), in a manner that is consistent 
     with nutrition science recognized by the Food and Drug 
     Administration on the net effects of seafood consumption.
       Sec. 746.  There is hereby appropriated $2,500,000, to 
     remain available until expended, for grants under section 
     12502 of Public Law 115-334.
       Sec. 747.  There is hereby appropriated $2,000,000 to carry 
     out section 1621 of Public Law 110-246.
       Sec. 748.  There is hereby appropriated $3,000,000, to 
     remain available until September 30, 2022, to carry out 
     section 4003(b) of Public Law 115-334 relating to 
     demonstration projects for Tribal Organizations.
       Sec. 749.  In addition to amounts otherwise made available 
     by this Act and notwithstanding the last sentence of 16 
     U.S.C. 1310, there is appropriated $4,000,000, to remain 
     available until expended, to implement non-renewable 
     agreements on eligible lands, including flooded agricultural 
     lands, as determined by the Secretary, under the Water Bank 
     Act (16 U.S.C. 1301-1311).
       Sec. 750.  The Secretary shall set aside for Rural Economic 
     Area Partnership (REAP) Zones, until August 15, 2021, an 
     amount of funds made available in title III under the 
     headings of Rural Housing Insurance Fund Program Account, 
     Mutual and Self-Help Housing Grants, Rural Housing Assistance 
     Grants, Rural Community Facilities Program Account, Rural 
     Business Program Account, Rural Development Loan Fund Program 
     Account, and Rural Water and Waste Disposal Program Account, 
     equal to the amount obligated in REAP Zones with respect to 
     funds provided under such headings in the most recent fiscal 
     year any such funds were obligated under such headings for 
     REAP Zones.
       Sec. 751.  There is hereby appropriated $1,000,000 to carry 
     out section 3307 of Public Law 115-334.
       Sec. 752.  The Secretary of Agriculture may waive the 
     matching funds requirement under Section 412(g) of the 
     Agricultural Research, Extension, and Education Reform Act of 
     1998 (7 U.S.C. 7632(g)).
       Sec. 753.  There is hereby appropriated $2,000,000, to 
     remain available until expended, for a pilot program for the 
     Secretary to provide grants to qualified non-profit 
     organizations and public housing authorities to provide 
     technical assistance, including financial and legal services, 
     to RHS multi-family housing borrowers to facilitate the 
     acquisition of RHS multi-family housing properties in areas 
     where the Secretary determines a risk of loss of affordable 
     housing, by non-profit housing organizations and public 
     housing authorities as authorized by law that commit to keep 
     such properties in the RHS multi-family housing program for a 
     period of time as determined by the Secretary.
       Sec. 754.  There is hereby appropriated $7,000,000 to carry 
     out section 222 of Subtitle A of the Department of 
     Agriculture Reorganization Act of 1994 (7 U.S.C. 6923) as 
     amended by section 12302 of Public Law 115-334.
       Sec. 755.  There is hereby appropriated $1,000,000, to 
     remain available until September 30, 2022, to carry out 
     section 4208 of Public Law 115-334.
       Sec. 756.  There is hereby appropriated $5,000,000 to carry 
     out section 12301 of Public Law 115-334.
       Sec. 757.  There is hereby appropriated $5,000,000 to carry 
     out section 1450 of the National Agricultural Research, 
     Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3222e) 
     as amended by section 7120 of Public Law 115-334.
       Sec. 758.  There is hereby appropriated $1,000,000 to carry 
     out section 1671 of the Food, Agriculture, Conservation, and 
     Trade Act of 1990 (7 U.S.C. 5924) as amended by section 7208 
     of Public Law 115-334.
       Sec. 759.  In response to an eligible community where the 
     drinking water supplies are inadequate due to a natural 
     disaster, as determined by the Secretary, including drought 
     or severe weather, the Secretary may provide potable water 
     through the Emergency Community Water Assistance Grant 
     Program for an additional period of time not to exceed 120 
     days beyond the established period provided under the Program 
     in order to protect public health.
       Sec. 760.  There is hereby appropriated $5,000,000 to 
     remain available until September 30, 2022, to carry out 
     section 4206 of Public Law 115-334.
       Sec. 761.  Funds made available under title II of the Food 
     for Peace Act (7 U.S.C. 1721 et seq.) may only be used to 
     provide assistance to recipient nations if adequate 
     monitoring and controls, as determined by the Administrator, 
     are in place to ensure that emergency food aid is received by 
     the intended beneficiaries in areas affected by food 
     shortages and not diverted for unauthorized or inappropriate 
     purposes.
       Sec. 762.  Notwithstanding any other provision of law, ARS 
     facilities as described in the ``Memorandum of Understanding 
     Between the U.S. Department of Agriculture Animal and Plant 
     Health Inspection Service (APHIS) and the U.S. Department of 
     Agriculture Agricultural Research Service (ARS) Concerning 
     Laboratory Animal Welfare'' (16-6100-0103-MU Revision 16-1) 
     shall be inspected by APHIS for compliance with the Animal 
     Welfare Act and its regulations and standards.
       Sec. 763.  There is hereby appropriated $5,000,000, to 
     remain available until expended, to carry out section 2103 of 
     Public Law 115-334:  Provided, That the Secretary shall 
     prioritize the wetland compliance needs of areas with 
     significant numbers of individual wetlands, wetland acres, 
     and conservation compliance requests.
       Sec. 764.  None of the funds made available by this Act may 
     be used to procure raw or processed poultry products imported 
     into the United States from the People's Republic of China 
     for use in the school lunch program under the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1751 et seq.), 
     the Child and Adult Care Food Program under section 17 of 
     such Act (42 U.S.C. 1766), the Summer Food Service Program 
     for Children under section 13 of such Act (42 U.S.C. 1761), 
     or the school breakfast program under the Child Nutrition Act 
     of 1966 (42 U.S.C. 1771 et seq.).
       Sec. 765.  There is hereby appropriated $1,000,000, for an 
     additional amount for ``Department of Health and Human 
     Services--Food and Drug Administration--Salaries and 
     Expenses'' to remain available until expended and in addition 
     to amounts otherwise made available for such purposes, for 
     the development of research, education, and outreach 
     partnerships with academic institutions to study and promote 
     seafood safety.
       Sec. 766.  There is hereby appropriated $2,000,000, to 
     remain available until September 30, 2022, for the National 
     Institute of Food and Agriculture to issue a competitive 
     grant to support the establishment of an Agriculture Business 
     Innovation Center at a historically black

[[Page H7336]]

     college or university to serve as a technical assistance hub 
     to enhance agriculture-based business development 
     opportunities.
       Sec. 767.  For school year 2021-2022, only a school food 
     authority that had a negative balance in the nonprofit school 
     food service account as of December 31, 2020, shall be 
     required to establish a price for paid lunches in accordance 
     with section 12(p) of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1760(p)).
       Sec. 768.  There is hereby appropriated $5,000,000 to 
     remain available until September 30, 2022, to carry out 
     section 6424 of Public Law 115-334.
       Sec. 769.  In addition to any funds made available in this 
     Act or any other Act, there is hereby appropriated 
     $10,000,000, to remain available until September 30, 2022, 
     for grants from the National Institute of Food and 
     Agriculture to the 1890 Institutions to support the Centers 
     of Excellence.
       Sec. 770.  There is hereby appropriated $2,000,000, to 
     remain available until expended, for the Secretary of 
     Agriculture to carry out a pilot program that assists rural 
     hospitals to improve long-term operations and financial 
     health by providing technical assistance through analysis of 
     current hospital management practices.
       Sec. 771.  In addition to amounts otherwise made available 
     by this or any other Act, there is hereby appropriated 
     $5,000,000, to remain available until expended, to the 
     Secretary for a pilot program to provide grants to a regional 
     consortium to fund technical assistance and construction of 
     regional wastewater systems for historically impoverished 
     communities that have had difficulty in installing 
     traditional wastewater treatment systems due to soil 
     conditions.
       Sec. 772.  The Secretary of Agriculture shall--
       (1) within 180 days of enactment of this Act publish a 
     notice of proposed rulemaking in the Federal Register seeking 
     public comments on the effects of lifting the stay issued on 
     July 31, 2013 (78 Fed. Reg. 46255) with consideration given 
     to changes in industry and the implementation of certain 
     rulemakings since the publication of the stay;
       (2) take public comments on the notice for not more than 60 
     days; and
       (3) not later than 180 days after the end of the comment 
     period, publish in the Federal Register the date upon which 
     the stay is lifted if such action is justified based on the 
     comments received.
       Sec. 773.  There is hereby appropriated $6,000,000, to 
     remain available until September 30, 2022, to carry out 
     section 23 of the Child Nutrition Act of 1966 (42 U.S.C. 
     1793), of which $2,000,000 shall be for grants under such 
     section to the Commonwealth of Puerto Rico, the Commonwealth 
     of the Northern Mariana Islands, the United States Virgin 
     Islands, Guam, and American Samoa.
       Sec. 774.  Any funds made available by this or any other 
     Act that the Secretary withholds pursuant to section 
     1668(g)(2) of the Food, Agriculture, Conservation, and Trade 
     Act of 1990 (7 U.S.C. 5921(g)(2)), as amended, shall be 
     available for grants for biotechnology risk assessment 
     research:  Provided, That the Secretary may transfer such 
     funds among appropriations of the Department of Agriculture 
     for purposes of making such grants.
       Sec. 775. (a) There is hereby appropriated $531,000,000, to 
     remain available until expended, for an additional amount for 
     section 779 of Public Law 115-141.
       (b) Section 313(b) of the Rural Electrification Act of 
     1936, as amended (7 U.S.C. 940c(b)), shall be applied for 
     fiscal year 2021 and each fiscal year thereafter until the 
     specified funding has been expended as if the following were 
     inserted after the final period in subsection (b)(2): ``In 
     addition, the Secretary shall use $425,000,000 of funds 
     available in this subaccount in fiscal year 2019 for an 
     additional amount for the same purpose and under the same 
     terms and conditions as funds appropriated by section 779 of 
     Public Law 115-141, shall use $255,000,000 of funds available 
     in this subaccount in fiscal year 2020 for an additional 
     amount for the same purpose and under the same terms and 
     conditions as funds appropriated by section 779 of Public Law 
     115-141, and shall use $104,000,000 of funds available in 
     this subaccount in fiscal year 2021 for an additional amount 
     for the same purpose and under the same terms and conditions 
     as funds appropriated by section 779 of Public Law 115-
     141.'':  Provided, That any use of such funds shall be 
     treated as a reprogramming of funds under section 716 of this 
     Act.
       (c) Section 787(b) of division B of Public Law 116-94 shall 
     no longer apply.
       Sec. 776.  There is hereby appropriated $500,000 to carry 
     out section 224 of Subtitle A of the Department of 
     Agriculture Reorganization Act of 1994 (7 U.S.C. 6924) as 
     amended by section 12504 of Public Law 115-334.
       Sec. 777.  There is hereby appropriated $400,000 to carry 
     out section 1672(g)(4)(B) of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (7 U.S.C. 5925(g)(4(B)) 
     as amended by section 7209 of Public Law 115-334.
       Sec. 778.  Notwithstanding any other provision of law, the 
     acceptable market name of any engineered animal approved 
     prior to the effective date of the National Bioengineered 
     Food Disclosure Standard (February 19, 2019) shall include 
     the words ``genetically engineered'' prior to the existing 
     acceptable market name.
       Sec. 779.  For an additional amount for ``National 
     Institute of Food and Agriculture--Research and Education 
     Activities'', $500,000, to develop a public-private 
     cooperative framework based on open data standards for 
     neutral data repository solutions to preserve and share the 
     big data generated by technological advancements in the 
     agriculture industry and for the preservation and curation of 
     data in collaboration with land-grant universities.
       Sec. 780.  Notwithstanding any other provision of law, no 
     funds available to the Department of Agriculture may be used 
     to move any staff office or any agency from the mission area 
     in which it was located on August 1, 2018, to any other 
     mission area or office within the Department in the absence 
     of the enactment of specific legislation affirming such move.
       Sec. 781.  There is hereby appropriated $10,000,000, to 
     remain available until expended, for the Secretary of 
     Agriculture to carry out a pilot program to provide financial 
     assistance for rural communities to further develop renewable 
     energy.
       Sec. 782.  Section 7605(b) of the Agriculture Improvement 
     Act of 2018 (7 U.S.C. 5940 note; Public Law 115-334) is 
     amended by striking ``September 30, 2021'' and inserting 
     ``January 1, 2022''.
       Sec. 783.  Section 9(i)(2) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2018(i)(2)) is amended by striking ``December 
     31, 2020'' and inserting ``December 31, 2021''.
       Sec. 784.  Section 779 of Public Law 115-141 is amended by 
     striking ``expansion efforts made'' and inserting ``service 
     in a service area'' in the fourth proviso, and by inserting 
     ``, unless such service area is not provided sufficient 
     access to broadband at the minimum service threshold'' after 
     ``Rural Utilities Service'' in the fourth proviso.
       Sec. 785.  In addition to amounts otherwise provided, there 
     is hereby appropriated $1,000,000, to remain available until 
     expended, to carry out activities authorized under 
     subsections (a)(2) and (e)(2) of Section 21 of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1769b-1(a)(2) 
     and (e)(2)).
       Sec. 786.  The Secretary, acting through the Chief of the 
     Natural Resources Conservation Service, may use funds 
     appropriated under this Act for the Watershed and Flood 
     Prevention Operations Program and the Watershed 
     Rehabilitation Program carried out pursuant to the Watershed 
     Protection and Flood Prevention Act (16 U.S.C. 1001 et seq.), 
     and for the Emergency Watershed Protection Program carried 
     out pursuant to section 403 of the Agricultural Credit Act of 
     1978 (16 U.S.C. 2203) to provide technical services for such 
     programs pursuant to section 1252(a)(1) of the Food Security 
     Act of 1985 (16 U.S.C. 3851(a)(1)), notwithstanding 
     subsection (c) of such section.
       Sec. 787. (a) The Secretary of Health and Human Services, 
     acting through the Commissioner of Food and Drugs 
     (Commissioner), shall develop and, if it determines feasible, 
     implement a number of options for regulating the export of 
     shrimp to the United States from other countries, including 
     the three largest exporting countries by volume to the United 
     States over the last three calendar years, such as sampling 
     of products prior to export to the United States, increasing 
     foreign inspections of export facilities, increased seafood 
     importer inspections, foreign surveillance inspections at 
     overseas manufacturing sites, enhanced import screening, 
     higher rates of examination and sampling, use of third-party 
     audits, and formal seafood arrangements with foreign 
     competent authorities.
       (b) The Commissioner shall especially give priority 
     consideration to the following with the funds appropriated--
       (1) that appropriate controls are applied to shrimp feed 
     and production ponds, processing plants, and facilities 
     throughout the chain of distribution to determine compliance 
     with seafood safety requirements;
       (2) dedicate its inspectional effort to determine 
     compliance with seafood arrangements, once established, from 
     any dedicated funds;
       (3) provide an annual report to the Committee before the 
     end of fiscal years 2021, 2022, and 2023 with the reporting 
     requirement goal being to provide the Committee information 
     related to FDA's oversight of the safety of shrimp products 
     imported into the United States.
       Sec. 788.  There is hereby appropriated $1,000,000 to carry 
     out the duties of the working group established under section 
     770 of the Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies Appropriations Act, 2019 
     (Public Law 116-6; 133 Stat. 89).
       Sec. 789.  None of the funds made available by this or any 
     other act may be used to restrict the offering of low-fat (1% 
     fat) flavored milk in the National School Lunch Program or 
     School Breakfast Program, as long as such milk is not 
     inconsistent with the most recent Dietary Guidelines for 
     Americans published under section 301 of the National 
     Nutrition Monitoring and Related Research Act of 1990.
       Sec. 790.  The Commissioner of the Food and Drug 
     Administration shall develop a plan within 180 days of 
     enactment that would allow the Agency to identify, detain and 
     refuse all FDA regulated products originating from foreign 
     establishments that did not allow FDA investigators immediate 
     physical access to the registered establishment and its 
     records to determine a registered establishment's ongoing 
     compliance with FDA laws and regulations. Any foreign 
     establishment that meets these criteria may be placed on 
     import alert. This import alert would be specific for this 
     foreign establishment, focusing on detaining all products 
     from this establishment.
       Sec. 791.  In administering the pilot program established 
     by section 779 of division A of the Consolidated 
     Appropriations Act, 2018 (Public Law 115-141), the Secretary 
     of Agriculture may, for purposes of determining entities 
     eligible to receive assistance, consider those communities 
     which are ``Areas Rural in Character'':  Provided, That not 
     more than 10 percent of the funds made available by section 
     775 may be used for this purpose.
       Sec. 792.  There is hereby appropriated $45,861,000 for the 
     Goodfellow Federal facility, to remain available until 
     expended, of which $20,000,000 shall be transferred to and 
     merged with the appropriation for ``Office of the Chief 
     Information Officer'', $16,046,000 shall be transferred to 
     and merged with the appropriation for ``Food Safety and 
     Inspection Service'', and of which $9,815,000 shall be 
     transferred to and

[[Page H7337]]

     merged with the appropriation for ``Rural Development, 
     Salaries and Expenses''.
       Sec. 793.  Of the unobligated balances from prior year 
     appropriations made available under the heading ``Distance 
     Learning, Telemedicine, and Broadband Program'' for the cost 
     of broadband loans, as authorized by section 601 of the Rural 
     Electrification Act, $12,000,000 are hereby rescinded.
       Sec. 794.  Funds made available in the Consolidated 
     Appropriations Act, 2016 (Public Law 114-113) for the ``Rural 
     Community Facilities Program Account'' under section 306 of 
     the Consolidated Farm and Rural Development Act, 7 U.S.C. 
     1926, for the principal amount of direct loans to eligible 
     approved re-lenders are to remain available through fiscal 
     year 2026 for the liquidation of valid obligations incurred 
     in fiscal year 2016.
       Sec. 795.  None of the funds made available by this Act may 
     be used to pay the salaries or expenses of personnel--
       (1) to inspect horses under section 3 of the Federal Meat 
     Inspection Act (21 U.S.C. 603);
       (2) to inspect horses under section 903 of the Federal 
     Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 
     note; Public Law 104-127); or
       (3) to implement or enforce section 352.19 of title 9, Code 
     of Federal Regulations (or a successor regulation).
       Sec. 796.  Not later than 1 year after the date of 
     enactment of this Act, the National Academy of Sciences, 
     Engineering, and Medicine shall complete a review and provide 
     a report to the Secretary of Agriculture, the Secretary of 
     Health and Human Services, and the Congress, on the most 
     recent edition of the dietary guidelines for Americans that 
     includes the following:
       (1) A comparative analysis of the scientific methodologies, 
     review protocols, and evaluation processes used to develop 
     the most recently issued guidelines as compared to 
     recommendations included in the National Academy of Sciences, 
     Engineering, and Medicine September 2017 report entitled 
     ``Redesigning the Process for Establishing the Dietary 
     Guidelines for Americans''.
       (2) A comparative analysis of the scientific studies used 
     to develop such guidelines to determine the dietary needs of 
     Americans with diet-related metabolic diseases as compared to 
     the most current and rigorous scientific studies on diet and 
     diet-related metabolic diseases available.
       (3) An analysis of how full implementation of the 
     recommendations described in paragraph (1) would have 
     affected the most recently issued guidelines.
       Sec. 797. (a) There is hereby appropriated $3,000,000, to 
     remain available until expended, for a pilot program for the 
     Animal and Plant Health Inspection Service to provide grants 
     to State departments of agriculture and forestry commissions 
     in states identified in the final environmental assessment 
     published in the Federal Register on September 23, 2020 (85 
     Fed. Reg. 59735), to combat and treat cogongrass through 
     established cogongrass control programs.
       (b) Any remaining unobligated balances of funds made 
     available for field crop and rangeland ecosystem pests under 
     the heading ``Animal and Plant Health Inspection Service--
     Salaries and Expenses'', in the Consolidated Appropriations 
     Act, 2019 (Public Law 116-6) and the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94), and 
     specifically provided as funds for APHIS to partner with 
     states in the control and eradication of the cogongrass weed 
     in the conference report accompanying Public Law 116-6 and in 
     the explanatory statement described in section 4 in the 
     matter preceding division A of Public Law 116-94, are hereby 
     permanently rescinded, and an amount of additional new budget 
     authority equivalent to the amount rescinded is hereby 
     appropriated, to remain available until expended in addition 
     to other funds as may be available for such purposes, for the 
     same purposes and under the same conditions as the funds made 
     available under subsection (a) of this section.
       (c) Not to exceed 2 percent of the funds provided under 
     this section shall be available for necessary costs of grant 
     administration.
       Sec. 798.  For an additional amount for ``National 
     Institute of Food and Agriculture--Research and Education 
     Activities'', $300,000, for the Under Secretary for Research, 
     Education, and Economics to convene a blue-ribbon panel for 
     the purpose of evaluating the overall structure of research 
     and education through the public and land-grant universities, 
     including 1890 Institutions, to define a new architecture 
     that can better integrate, coordinate, and assess economic 
     impact of the collective work of these institutions.
       Sec. 799.  For an additional amount for ``National 
     Institute of Food and Agriculture--Research and Education 
     Activities'', $4,000,000, to remain available until September 
     30, 2022, for a competitive grant to an institution in the 
     land-grant university system to establish a Farm of the 
     Future testbed and demonstration site.
       Sec. 799A.  There is hereby appropriated $22,000,000, to 
     remain available until expended, to carry out section 12513 
     of Public Law 115-334:  Provided, That of the amounts made 
     available, $20,000,000 shall be for established dairy 
     business innovation initiatives and the Secretary shall take 
     measures to ensure an equal distribution of funds between the 
     three regional innovation initiatives.
       Sec. 799B.  None of the funds appropriated or otherwise 
     made available by this Act shall be available for the United 
     States Department of Agriculture to propose, finalize or 
     implement any regulation that would promulgate new user fees 
     pursuant to 31 U.S.C. 9701 after the date of the enactment of 
     this Act.
       Sec. 799C. (a) Any remaining unobligated balances of funds 
     made available under the heading ``Department of 
     Agriculture--Agricultural Programs--Processing, Research and 
     Marketing--Office of the Secretary'' in subsections (b) and 
     (d) of section 791 of division B of the Further Consolidated 
     Appropriations Act, 2020 Public Law 116-94 for block grants 
     to eligible states and territories pursuant to the first 
     proviso under the heading ``Department of Agriculture--
     Agricultural Programs--Processing, Research and Marketing--
     Office of the Secretary'' in the Additional Supplemental 
     Appropriations for Disaster Relief Act of 2019 Public Law 
     116-20, as amended by subsection (c) of section 791 of 
     division B Public Law 116-94, may be made available for any 
     of the other purposes and under the same authorities and 
     conditions for those purposes as the funds made available 
     under such heading in such Act, and for the purposes 
     specified and under the same authorities and conditions as in 
     the first, second, third, and fourth provisos of subsection 
     (b) of section 791 of division B of Public Law 116-94:  
     Provided, That this section shall not be effective before the 
     award of the block grants that were announced prior to the 
     date of enactment of this Act:  Provided further, That any 
     block grant amounts that were announced prior to the date of 
     enactment of this Act and are subsequently awarded shall not 
     be returned to the Farm Service Agency until the date 
     specified in the grant agreement.
       (b) Of the remaining unobligated balances of funds made 
     available under the heading ``Department of Agriculture--
     Agricultural Programs--Processing, Research and Marketing--
     Office of the Secretary'' in the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136), $1,000,000,000 
     shall be made available for the same purposes and under the 
     same authorities and conditions as the funds made available 
     under the heading ``Department of Agriculture--Agricultural 
     Programs--Processing, Research and Marketing--Office of the 
     Secretary'' in the Additional Supplemental Appropriations for 
     Disaster Relief Act of 2019 (Public Law 116-20), as of 
     December 19, 2019, and for the purposes specified and under 
     the same authorities and conditions as in the first, second, 
     third, and fourth provisos of subsection (b) of section 791 
     of division B of Public Law 116-94.
       (c) The amounts repurposed pursuant to this section that 
     were previously designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to that section of that Act.
       Sec. 799D.  For necessary expenses for salary and related 
     costs associated with Agriculture Quarantine and Inspection 
     Services activities pursuant to 21 U.S.C. 136a(6), and in 
     addition to any other funds made available for this purpose, 
     there is appropriated, out of any money in the Treasury not 
     otherwise appropriated, $635,000,000, to remain available 
     until September 30, 2022, to offset the loss resulting from 
     the coronavirus pandemic of quarantine and inspection fees 
     collected pursuant to sections 2508 and 2509 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
     136, 136a):  Provided, That amounts made available in this 
     section shall be treated as funds collected by fees 
     authorized under sections 2508 and 2509 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (21 U.S.C. 
     136, 136a) for purposes of section 421(f) of the Homeland 
     Security Act of 2002 (6 U.S.C. 231(f)):  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       This division may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 2021''.

     DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2021

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, to carry 
     out activities associated with facilitating, attracting, and 
     retaining business investment in the United States, and for 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to sections 3702 and 3703 of title 44, United States Code; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas and employees 
     temporarily posted overseas; travel and transportation of 
     employees of the International Trade Administration between 
     two points abroad, without regard to section 40118 of title 
     49, United States Code; employment of citizens of the United 
     States and aliens by contract for services; rental of space 
     abroad for periods not exceeding 10 years, and expenses of 
     alteration, repair, or improvement; purchase or construction 
     of temporary demountable exhibition structures for use 
     abroad; payment of tort claims, in the manner authorized in 
     the first paragraph of section 2672 of title 28, United 
     States Code, when such claims arise in foreign countries; not 
     to exceed $294,300 for official representation expenses 
     abroad; purchase of passenger motor vehicles for official use 
     abroad, not to exceed $45,000 per vehicle; obtaining 
     insurance on official motor vehicles; and rental of tie 
     lines, $541,000,000, of which $70,000,000 shall remain 
     available until September 30, 2022:  Provided, That 
     $11,000,000 is to be derived from fees to be retained and 
     used by the International Trade Administration, 
     notwithstanding section 3302 of title 31, United States Code: 
      Provided further, That, of amounts provided under this 
     heading, not less than $16,400,000 shall be for

[[Page H7338]]

     China antidumping and countervailing duty enforcement and 
     compliance activities:  Provided further, That the provisions 
     of the first sentence of section 105(f) and all of section 
     108(c) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 
     out these activities; and that for the purpose of this Act, 
     contributions under the provisions of the Mutual Educational 
     and Cultural Exchange Act of 1961 shall include payment for 
     assessments for services provided as part of these 
     activities.

                    Bureau of Industry and Security

                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     citizens of the United States and aliens by contract for 
     services abroad; payment of tort claims, in the manner 
     authorized in the first paragraph of section 2672 of title 
     28, United States Code, when such claims arise in foreign 
     countries; not to exceed $13,500 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Control Reform Act of 2018 (subtitle B of title 
     XVII of the John S. McCain National Defense Authorization Act 
     for Fiscal Year 2019; Public Law 115-232; 132 Stat. 2208; 50 
     U.S.C. 4801 et seq.), and as authorized by section 1(b) of 
     the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); 
     and purchase of passenger motor vehicles for official use and 
     motor vehicles for law enforcement use with special 
     requirement vehicles eligible for purchase without regard to 
     any price limitation otherwise established by law, 
     $133,000,000, to remain available until expended:  Provided, 
     That the provisions of the first sentence of section 105(f) 
     and all of section 108(c) of the Mutual Educational and 
     Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) 
     shall apply in carrying out these activities:  Provided 
     further, That payments and contributions collected and 
     accepted for materials or services provided as part of such 
     activities may be retained for use in covering the cost of 
     such activities, and for providing information to the public 
     with respect to the export administration and national 
     security activities of the Department of Commerce and other 
     export control programs of the United States and other 
     governments.

                  Economic Development Administration

                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, for 
     trade adjustment assistance, and for grants authorized by 
     sections 27 and 28 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3722 and 3723), as amended, 
     $305,500,000 to remain available until expended, of which 
     $38,000,000 shall be for grants under such section 27 and 
     $2,000,000 shall be for grants under such section 28:  
     Provided, That any deviation from the amounts designated for 
     specific activities in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act), or any use of deobligated balances of 
     funds provided under this heading in previous years, shall be 
     subject to the procedures set forth in section 505 of this 
     Act.

                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $40,500,000:  Provided, That funds provided under this 
     heading may be used to monitor projects approved pursuant to 
     title I of the Public Works Employment Act of 1976; title II 
     of the Trade Act of 1974; sections 27 and 28 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3722 and 3723), as amended; and the Community Emergency 
     Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprises, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $48,000,000, of which not more than $16,000,000 shall be 
     available for overhead expenses, including salaries and 
     expenses, rent, utilities, and information technology 
     services.

                   Economic and Statistical Analysis

                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $111,855,000, to remain available until September 
     30, 2022.

                          Bureau of the Census

                      current surveys and programs

       For necessary expenses for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $288,403,000:  Provided, That, from amounts provided 
     herein, funds may be used for promotion, outreach, and 
     marketing activities.

                     periodic censuses and programs

                     (including transfer of funds)

       For necessary expenses for collecting, compiling, 
     analyzing, preparing, and publishing statistics for periodic 
     censuses and programs provided for by law, $818,241,000, to 
     remain available until September 30, 2022:  Provided, That, 
     from amounts provided herein, funds may be used for 
     promotion, outreach, and marketing activities:  Provided 
     further, That within the amounts appropriated, $3,556,000 
     shall be transferred to the ``Office of Inspector General'' 
     account for activities associated with carrying out 
     investigations and audits related to the Bureau of the 
     Census.

       National Telecommunications and Information Administration

                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $45,500,000, to remain available until September 30, 
     2022:  Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, operations, and 
     related services, and such fees shall be retained and used as 
     offsetting collections for costs of such spectrum services, 
     to remain available until expended:  Provided further, That 
     the Secretary of Commerce is authorized to retain and use as 
     offsetting collections all funds transferred, or previously 
     transferred, from other Government agencies for all costs 
     incurred in telecommunications research, engineering, and 
     related activities by the Institute for Telecommunication 
     Sciences of NTIA, in furtherance of its assigned functions 
     under this paragraph, and such funds received from other 
     Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

       For the administration of prior-year grants, recoveries and 
     unobligated balances of funds previously appropriated are 
     available for the administration of all open grants until 
     their expiration.   

               United States Patent and Trademark Office

                         salaries and expenses

                     (including transfers of funds)

       For necessary expenses of the United States Patent and 
     Trademark Office (USPTO) provided for by law, including 
     defense of suits instituted against the Under Secretary of 
     Commerce for Intellectual Property and Director of the USPTO, 
     $3,695,295,000, to remain available until expended:  
     Provided, That the sum herein appropriated from the general 
     fund shall be reduced as offsetting collections of fees and 
     surcharges assessed and collected by the USPTO under any law 
     are received during fiscal year 2021, so as to result in a 
     fiscal year 2021 appropriation from the general fund 
     estimated at $0:  Provided further, That during fiscal year 
     2021, should the total amount of such offsetting collections 
     be less than $3,695,295,000, this amount shall be reduced 
     accordingly:  Provided further, That any amount received in 
     excess of $3,695,295,000 in fiscal year 2021 and deposited in 
     the Patent and Trademark Fee Reserve Fund shall remain 
     available until expended:  Provided further, That the 
     Director of USPTO shall submit a spending plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate for any amounts made available by the 
     preceding proviso and such spending plan shall be treated as 
     a reprogramming under section 505 of this Act and shall not 
     be available for obligation or expenditure except in 
     compliance with the procedures set forth in that section:  
     Provided further, That any amounts reprogrammed in accordance 
     with the preceding proviso shall be transferred to the United 
     States Patent and Trademark Office ``Salaries and Expenses'' 
     account:  Provided further, That the budget of the President 
     submitted for fiscal year 2022 under section 1105 of title 
     31, United States Code, shall include within amounts provided 
     under this heading for necessary expenses of the USPTO any 
     increases that are expected to result from an increase 
     promulgated through rule or regulation in offsetting 
     collections of fees and surcharges assessed and collected by 
     the USPTO under any law in either fiscal year 2021 or fiscal 
     year 2022:  Provided further, That from amounts provided 
     herein, not to exceed $13,500 shall be made available in 
     fiscal year 2021 for official reception and representation 
     expenses:  Provided further, That in fiscal year 2021 from 
     the amounts made available for ``Salaries and Expenses'' for 
     the USPTO, the amounts necessary to pay (1) the difference 
     between the percentage of basic pay contributed by the USPTO 
     and employees under section 8334(a) of title 5, United States 
     Code, and the normal cost percentage (as defined by section 
     8331(17) of that title) as provided by the Office of 
     Personnel Management (OPM) for USPTO's specific use, of basic 
     pay, of employees subject to subchapter III of chapter 83 of 
     that title, and (2) the present value of the otherwise 
     unfunded accruing costs, as determined by OPM for USPTO's 
     specific use of post-retirement life insurance and post-
     retirement health benefits coverage for all USPTO employees 
     who are enrolled in Federal Employees Health Benefits (FEHB) 
     and Federal Employees Group Life Insurance (FEGLI), shall be 
     transferred to the Civil Service Retirement and Disability 
     Fund, the FEGLI Fund, and the Employees FEHB Fund, as 
     appropriate, and shall be available for the authorized 
     purposes of those accounts:  Provided further, That any 
     differences between the present value factors published in 
     OPM's yearly 300 series benefit letters and the factors that 
     OPM provides for USPTO's specific use shall be recognized as 
     an imputed cost on USPTO's financial statements, where 
     applicable:  Provided further, That, notwithstanding any 
     other provision of law, all fees and surcharges assessed and 
     collected by USPTO are available for USPTO only pursuant to 
     section 42(c) of title 35, United States Code, as amended by 
     section 22 of the Leahy-Smith America Invents Act (Public Law 
     112-29):  Provided further, That within the amounts 
     appropriated, $2,000,000 shall be transferred to the ``Office 
     of Inspector General'' account for activities associated with 
     carrying out investigations and audits related to the USPTO.

[[Page H7339]]

  


             National Institute of Standards and Technology

             scientific and technical research and services

                     (including transfer of funds)

       For necessary expenses of the National Institute of 
     Standards and Technology (NIST), $788,000,000, to remain 
     available until expended, of which not to exceed $9,000,000 
     may be transferred to the ``Working Capital Fund'':  
     Provided, That not to exceed $5,000 shall be for official 
     reception and representation expenses:  Provided further, 
     That NIST may provide local transportation for summer 
     undergraduate research fellowship program participants.

                     industrial technology services

       For necessary expenses for industrial technology services, 
     $166,500,000, to remain available until expended, of which 
     $150,000,000 shall be for the Hollings Manufacturing 
     Extension Partnership, and of which $16,500,000 shall be for 
     the Manufacturing USA Program (formerly known as the National 
     Network for Manufacturing Innovation).

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation and 
     maintenance of existing facilities, not otherwise provided 
     for the National Institute of Standards and Technology, as 
     authorized by sections 13 through 15 of the National 
     Institute of Standards and Technology Act (15 U.S.C. 278c-
     278e), $80,000,000, to remain available until expended:  
     Provided, That the Secretary of Commerce shall include in the 
     budget justification materials for fiscal year 2022 that the 
     Secretary submits to Congress in support of the Department of 
     Commerce budget (as submitted with the budget of the 
     President under section 1105(a) of title 31, United States 
     Code) an estimate for each National Institute of Standards 
     and Technology construction project having a total multi-year 
     program cost of more than $5,000,000, and simultaneously the 
     budget justification materials shall include an estimate of 
     the budgetary requirements for each such project for each of 
     the 5 subsequent fiscal years.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfer of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft and 
     vessels; pilot programs for State-led fisheries management, 
     notwithstanding any other provision of law; grants, 
     contracts, or other payments to nonprofit organizations for 
     the purposes of conducting activities pursuant to cooperative 
     agreements; and relocation of facilities, $3,840,300,000, to 
     remain available until September 30, 2022:  Provided, That 
     fees and donations received by the National Ocean Service for 
     the management of national marine sanctuaries may be retained 
     and used for the salaries and expenses associated with those 
     activities, notwithstanding section 3302 of title 31, United 
     States Code:  Provided further, That in addition, 
     $246,171,000 shall be derived by transfer from the fund 
     entitled ``Promote and Develop Fishery Products and Research 
     Pertaining to American Fisheries'', which shall only be used 
     for fishery activities related to the Saltonstall-Kennedy 
     Grant Program; Fisheries Data Collections, Surveys, and 
     Assessments; Fisheries Management Programs and Services; and 
     Interjurisdictional Fisheries Grants:  Provided further, That 
     not to exceed $66,389,000 shall be for payment to the 
     ``Department of Commerce Working Capital Fund'':  Provided 
     further, That of the $4,103,971,000 provided for in direct 
     obligations under this heading, $3,840,300,000 is 
     appropriated from the general fund, $246,171,000 is provided 
     by transfer, and $17,500,000 is derived from recoveries of 
     prior year obligations:  Provided further, That any deviation 
     from the amounts designated for specific activities in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act), or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act:  Provided further, That in 
     addition, for necessary retired pay expenses under the 
     Retired Serviceman's Family Protection and Survivor Benefits 
     Plan, and for payments for the medical care of retired 
     personnel and their dependents under the Dependents' Medical 
     Care Act (10 U.S.C. ch. 55), such sums as may be necessary.

               procurement, acquisition and construction

                     (including transfer of funds)

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $1,532,558,000, to remain available until September 30, 2023, 
     except that funds provided for acquisition and construction 
     of vessels and aircraft, and construction of facilities shall 
     remain available until expended:  Provided, That of the 
     $1,545,558,000 provided for in direct obligations under this 
     heading, $1,532,558,000 is appropriated from the general fund 
     and $13,000,000 is provided from recoveries of prior year 
     obligations:  Provided further, That any deviation from the 
     amounts designated for specific activities in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), or any use of 
     deobligated balances of funds provided under this heading in 
     previous years, shall be subject to the procedures set forth 
     in section 505 of this Act:  Provided further, That the 
     Secretary of Commerce shall include in budget justification 
     materials for fiscal year 2022 that the Secretary submits to 
     Congress in support of the Department of Commerce budget (as 
     submitted with the budget of the President under section 
     1105(a) of title 31, United States Code) an estimate for each 
     National Oceanic and Atmospheric Administration procurement, 
     acquisition or construction project having a total of more 
     than $5,000,000 and simultaneously the budget justification 
     shall include an estimate of the budgetary requirements for 
     each such project for each of the 5 subsequent fiscal years:  
     Provided further, That, within the amounts appropriated, 
     $2,000,000 shall be transferred to the ``Office of Inspector 
     General'' account for activities associated with carrying out 
     investigations and audits related to satellite procurement, 
     acquisition and construction.

                    pacific coastal salmon recovery

       For necessary expenses associated with the restoration of 
     Pacific salmon populations, $65,000,000, to remain available 
     until September 30, 2022:  Provided, That, of the funds 
     provided herein, the Secretary of Commerce may issue grants 
     to the States of Washington, Oregon, Idaho, Nevada, 
     California, and Alaska, and to the federally recognized 
     Tribes of the Columbia River and Pacific Coast (including 
     Alaska), for projects necessary for conservation of salmon 
     and steelhead populations that are listed as threatened or 
     endangered, or that are identified by a State as at-risk to 
     be so listed, for maintaining populations necessary for 
     exercise of Tribal treaty fishing rights or native 
     subsistence fishing, or for conservation of Pacific coastal 
     salmon and steelhead habitat, based on guidelines to be 
     developed by the Secretary of Commerce:  Provided further, 
     That all funds shall be allocated based on scientific and 
     other merit principles and shall not be available for 
     marketing activities:  Provided further, That funds disbursed 
     to States shall be subject to a matching requirement of funds 
     or documented in-kind contributions of at least 33 percent of 
     the Federal funds.

                      fishermen's contingency fund

       For carrying out the provisions of title IV of Public Law 
     95-372, not to exceed $349,000, to be derived from receipts 
     collected pursuant to that Act, to remain available until 
     expended.

                   fisheries finance program account

       Subject to section 502 of the Congressional Budget Act of 
     1974, during fiscal year 2021, obligations of direct loans 
     may not exceed $24,000,000 for Individual Fishing Quota loans 
     and not to exceed $100,000,000 for traditional direct loans 
     as authorized by the Merchant Marine Act of 1936.

                        Departmental Management

                         salaries and expenses

       For necessary expenses for the management of the Department 
     of Commerce provided for by law, including not to exceed 
     $4,500 for official reception and representation, 
     $73,000,000:  Provided, That no employee of the Department of 
     Commerce may be detailed or assigned from a bureau or office 
     funded by this Act or any other Act to offices within the 
     Office of the Secretary of the Department of Commerce for 
     more than 90 days in a fiscal year unless the individual's 
     employing bureau or office is fully reimbursed for the salary 
     and expenses of the employee for the entire period of 
     assignment using funds provided under this heading.  Provided 
     further, That amounts made available to the Department of 
     Commerce in this or any prior Act may not be transferred 
     pursuant to section 508 of this or any prior Act to the 
     account funded under this heading, except in the case of 
     extraordinary circumstances that threaten life or property.

                      renovation and modernization

       For necessary expenses for the renovation and modernization 
     of the Herbert C. Hoover Building, $1,123,000.

                       nonrecurring expenses fund

       For necessary expenses for a business application system 
     modernization, $20,000,000, to remain available until 
     September 30, 2023:  Provided, That any unobligated balances 
     of expired discretionary funds transferred to the Department 
     of Commerce Nonrecurring Expenses Fund, as authorized by 
     section 111 of title I of division B of Public Law 116U93, 
     may be obligated only after the Committees on Appropriations 
     of the House of Representatives and the Senate are notified 
     at least 15 days in advance of the planned use of funds.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $34,000,000:  Provided, That 
     notwithstanding section 6413 of the Middle Class Tax Relief 
     and Job Creation Act of 2012 (Public Law 112-96), an 
     additional $2,000,000, to remain available until expended, 
     shall be derived from the Public Safety Trust Fund for 
     activities associated with carrying out investigations and 
     audits related to the First Responder Network Authority 
     (FirstNet).

               General Provisions--Department of Commerce

                     (including transfer of funds)

       Sec. 101.  During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the certification 
     of officials designated by the Secretary of Commerce that 
     such payments are in the public interest.
       Sec. 102.  During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343

[[Page H7340]]

     and 1344; services as authorized by 5 U.S.C. 3109; and 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902).
       Sec. 103.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers:  Provided, 
     That any transfer pursuant to this section shall be treated 
     as a reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section:  
     Provided further, That the Secretary of Commerce shall notify 
     the Committees on Appropriations at least 15 days in advance 
     of the acquisition or disposal of any capital asset 
     (including land, structures, and equipment) not specifically 
     provided for in this Act or any other law appropriating funds 
     for the Department of Commerce.
       Sec. 104.  The requirements set forth by section 105 of the 
     Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2012 (Public Law 112-55), as amended by 
     section 105 of title I of division B of Public Law 113-6, are 
     hereby adopted by reference and made applicable with respect 
     to fiscal year 2021:  Provided, That the life cycle cost for 
     the Joint Polar Satellite System is $11,322,125,000, the life 
     cycle cost of the Polar Follow On Program is $6,837,900,000, 
     the life cycle cost for the Geostationary Operational 
     Environmental Satellite R-Series Program is $11,700,100,000, 
     and the life cycle cost for the Space Weather Follow On 
     Program is $692,800,000.
       Sec. 105.  Notwithstanding any other provision of law, the 
     Secretary of Commerce may furnish services (including but not 
     limited to utilities, telecommunications, and security 
     services) necessary to support the operation, maintenance, 
     and improvement of space that persons, firms, or 
     organizations are authorized, pursuant to the Public 
     Buildings Cooperative Use Act of 1976 or other authority, to 
     use or occupy in the Herbert C. Hoover Building, Washington, 
     DC, or other buildings, the maintenance, operation, and 
     protection of which has been delegated to the Secretary from 
     the Administrator of General Services pursuant to the Federal 
     Property and Administrative Services Act of 1949 on a 
     reimbursable or non-reimbursable basis. Amounts received as 
     reimbursement for services provided under this section or the 
     authority under which the use or occupancy of the space is 
     authorized, up to $200,000, shall be credited to the 
     appropriation or fund which initially bears the costs of such 
     services.
       Sec. 106.  Nothing in this title shall be construed to 
     prevent a grant recipient from deterring child pornography, 
     copyright infringement, or any other unlawful activity over 
     its networks.
       Sec. 107.  The Administrator of the National Oceanic and 
     Atmospheric Administration is authorized to use, with their 
     consent, with reimbursement and subject to the limits of 
     available appropriations, the land, services, equipment, 
     personnel, and facilities of any department, agency, or 
     instrumentality of the United States, or of any State, local 
     government, Indian Tribal government, Territory, or 
     possession, or of any political subdivision thereof, or of 
     any foreign government or international organization, for 
     purposes related to carrying out the responsibilities of any 
     statute administered by the National Oceanic and Atmospheric 
     Administration.
       Sec. 108.  The National Technical Information Service shall 
     not charge any customer for a copy of any report or document 
     generated by the Legislative Branch unless the Service has 
     provided information to the customer on how an electronic 
     copy of such report or document may be accessed and 
     downloaded for free online. Should a customer still require 
     the Service to provide a printed or digital copy of the 
     report or document, the charge shall be limited to recovering 
     the Service's cost of processing, reproducing, and delivering 
     such report or document.
       Sec. 109.  To carry out the responsibilities of the 
     National Oceanic and Atmospheric Administration (NOAA), the 
     Administrator of NOAA is authorized to: (1) enter into grants 
     and cooperative agreements with; (2) use on a non-
     reimbursable basis land, services, equipment, personnel, and 
     facilities provided by; and (3) receive and expend funds made 
     available on a consensual basis from: a Federal agency, State 
     or subdivision thereof, local government, Tribal government, 
     Territory, or possession or any subdivisions thereof:  
     Provided, That funds received for permitting and related 
     regulatory activities pursuant to this section shall be 
     deposited under the heading ``National Oceanic and 
     Atmospheric Administration--Operations, Research, and 
     Facilities'' and shall remain available until September 30, 
     2022, for such purposes:  Provided further, That all funds 
     within this section and their corresponding uses are subject 
     to section 505 of this Act.
       Sec. 110.  Amounts provided by this Act or by any prior 
     appropriations Act that remain available for obligation, for 
     necessary expenses of the programs of the Economics and 
     Statistics Administration of the Department of Commerce, 
     including amounts provided for programs of the Bureau of 
     Economic Analysis and the Bureau of the Census, shall be 
     available for expenses of cooperative agreements with 
     appropriate entities, including any Federal, State, or local 
     governmental unit, or institution of higher education, to aid 
     and promote statistical, research, and methodology activities 
     which further the purposes for which such amounts have been 
     made available.
       Sec. 111.  Amounts provided by this Act for the Hollings 
     Manufacturing Extension Partnership under the heading 
     ``National Institute of Standards and Technology--Industrial 
     Technology Services'' shall not be subject to cost share 
     requirements under 15 U.S.C. 278k(e)(2):  Provided, That the 
     authority made available pursuant to this section shall be 
     elective for any Manufacturing Extension Partnership Center 
     that also receives funding from a State that is conditioned 
     upon the application of a Federal cost sharing requirement.
       Sec. 112.  The Secretary of Commerce, or the designee of 
     the Secretary, may waive the matching requirements under 
     sections 306 and 306A, and the cost sharing requirements 
     under section 315, of the Coastal Zone Management Act of 1972 
     (16 U.S.C. 1455, 1455a, and 1461) as necessary for amounts 
     made available under this Act under the heading ``Operations, 
     Research, and Facilities'' under the heading ``National 
     Oceanic and Atmospheric Administration''.
       Sec. 113.  Of unobligated balances of amounts provided to 
     the Bureau of the Census under this or any prior 
     appropriations Act, up to $208,000,000 may be transferred to 
     the Bureau of the Census Working Capital Fund for information 
     and business technology system modernization and facilities 
     infrastructure improvements necessary for the operations of 
     the Bureau:  Provided, That the amounts previously provided 
     by the Congress for the 2020 Census remain available only for 
     the period of time as provided when initially enacted:  
     Provided further, That this transfer authority is in addition 
     to any other transfer authority in this Act:  Provided 
     further, That no amounts may be transferred that were 
     previously designated by the Congress for the 2020 Census 
     pursuant to section 251(b)(2)(G) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended:  Provided 
     further, That such amounts may be obligated only after the 
     Committees on Appropriations of the House of Representatives 
     and the Senate are notified at least 15 days in advance of 
     the planned use of funds.
       This title may be cited as the ``Department of Commerce 
     Appropriations Act, 2021''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $119,000,000, of which not to exceed 
     $4,000,000 for security and construction of Department of 
     Justice facilities shall remain available until expended.

                 justice information sharing technology

                     (including transfer of funds)

       For necessary expenses for information sharing technology, 
     including planning, development, deployment and departmental 
     direction, $34,000,000, to remain available until expended:  
     Provided, That the Attorney General may transfer up to 
     $40,000,000 to this account, from funds available to the 
     Department of Justice for information technology, to remain 
     available until expended, for enterprise-wide information 
     technology initiatives:  Provided further, That the transfer 
     authority in the preceding proviso is in addition to any 
     other transfer authority contained in this Act:  Provided 
     further, That any transfer pursuant to the first proviso 
     shall be treated as a reprogramming under section 505 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.

                Executive Office for Immigration Review

                     (including transfer of funds)

       For expenses necessary for the administration of 
     immigration-related activities of the Executive Office for 
     Immigration Review, $734,000,000, of which $4,000,000 shall 
     be derived by transfer from the Executive Office for 
     Immigration Review fees deposited in the ``Immigration 
     Examinations Fee'' account, and of which not less than 
     $22,500,000 shall be available for services and activities 
     provided by the Legal Orientation Program:  Provided, That 
     not to exceed $35,000,000 of the total amount made available 
     under this heading shall remain available until expended.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General, 
     $110,565,000, including not to exceed $10,000 to meet 
     unforeseen emergencies of a confidential character:  
     Provided, That not to exceed $4,000,000 shall remain 
     available until September 30, 2022.

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized, $13,539,000:  Provided, That, 
     notwithstanding any other provision of law, upon the 
     expiration of a term of office of a Commissioner, the 
     Commissioner may continue to act until a successor has been 
     appointed.

                            Legal Activities

            salaries and expenses, general legal activities

                     (including transfer of funds)

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; the 
     administration of pardon and clemency petitions; and rent of 
     private or Government-owned space in the District of 
     Columbia, $960,000,000, of which not to exceed $20,000,000 
     for litigation support contracts shall remain available until 
     expended:  Provided, That of the amount provided for INTERPOL 
     Washington dues payments, not to exceed $685,000 shall remain 
     available until expended:  Provided further, That of the 
     total amount appropriated, not to exceed $9,000 shall be 
     available to INTERPOL Washington for official reception and 
     representation expenses:  Provided further, That of the

[[Page H7341]]

     total amount appropriated, not to exceed $9,000 shall be 
     available to the Criminal Division for official reception and 
     representation expenses:  Provided further, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for litigation activities of the Civil 
     Division, the Attorney General may transfer such amounts to 
     ``Salaries and Expenses, General Legal Activities'' from 
     available appropriations for the current fiscal year for the 
     Department of Justice, as may be necessary to respond to such 
     circumstances:  Provided further, That any transfer pursuant 
     to the preceding proviso shall be treated as a reprogramming 
     under section 505 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section:  Provided further, That 
     of the amount appropriated, such sums as may be necessary 
     shall be available to the Civil Rights Division for salaries 
     and expenses associated with the election monitoring program 
     under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 
     10305) and to reimburse the Office of Personnel Management 
     for such salaries and expenses:  Provided further, That of 
     the amounts provided under this heading for the election 
     monitoring program, $3,390,000 shall remain available until 
     expended:  Provided further, That of the amount appropriated, 
     not less than $195,754,000 shall be available for the 
     Criminal Division, including related expenses for the Mutual 
     Legal Assistance Treaty Program.
       In addition, for expenses of the Department of Justice 
     associated with processing cases under the National Childhood 
     Vaccine Injury Act of 1986, not to exceed $17,000,000, to be 
     appropriated from the Vaccine Injury Compensation Trust Fund 
     and to remain available until expended.

               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $184,524,000, to remain available until 
     expended:  Provided, That notwithstanding any other provision 
     of law, fees collected for premerger notification filings 
     under the Hart-Scott-Rodino Antitrust Improvements Act of 
     1976 (15 U.S.C. 18a), regardless of the year of collection 
     (and estimated to be $150,000,000 in fiscal year 2021), shall 
     be retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended:  
     Provided further, That the sum herein appropriated from the 
     general fund shall be reduced as such offsetting collections 
     are received during fiscal year 2021, so as to result in a 
     final fiscal year 2021 appropriation from the general fund 
     estimated at $34,524,000.

             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including inter-governmental and cooperative 
     agreements, $2,342,177,000:  Provided, That of the total 
     amount appropriated, not to exceed $7,200 shall be available 
     for official reception and representation expenses:  Provided 
     further, That not to exceed $25,000,000 shall remain 
     available until expended:  Provided further, That each United 
     States Attorney shall establish or participate in a task 
     force on human trafficking.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized, $232,361,000, to remain available 
     until expended:  Provided, That, notwithstanding any other 
     provision of law, deposits to the United States Trustee 
     System Fund and amounts herein appropriated shall be 
     available in such amounts as may be necessary to pay refunds 
     due depositors:  Provided further, That, notwithstanding any 
     other provision of law, fees deposited into the Fund pursuant 
     to section 589a(b) of title 28, United States Code (as 
     limited by section 1004(b) of the Bankruptcy Judgeship Act of 
     2017 (division B of Public Law 115-72)), shall be retained 
     and used for necessary expenses in this appropriation and 
     shall remain available until expended:  Provided further, 
     That to the extent that fees deposited into the Fund in 
     fiscal year 2021, net of amounts necessary to pay refunds due 
     depositors, exceed $232,361,000, those excess amounts shall 
     be available in future fiscal years only to the extent 
     provided in advance in appropriations Acts:  Provided 
     further, That the sum herein appropriated from the general 
     fund shall be reduced (1) as such fees are received during 
     fiscal year 2021, net of amounts necessary to pay refunds due 
     depositors, (estimated at $318,000,000) and (2) to the extent 
     that any remaining general fund appropriations can be derived 
     from amounts deposited in the Fund in previous fiscal years 
     that are not otherwise appropriated, so as to result in a 
     final fiscal year 2021 appropriation from the general fund 
     estimated at $0.

      salaries and expenses, foreign claims settlement commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by section 3109 of title 5, United States Code, 
     $2,366,000.

                     fees and expenses of witnesses

       For fees and expenses of witnesses, for expenses of 
     contracts for the procurement and supervision of expert 
     witnesses, for private counsel expenses, including advances, 
     and for expenses of foreign counsel, $270,000,000, to remain 
     available until expended, of which not to exceed $16,000,000 
     is for construction of buildings for protected witness 
     safesites; not to exceed $3,000,000 is for the purchase and 
     maintenance of armored and other vehicles for witness 
     security caravans; and not to exceed $25,000,000 is for the 
     purchase, installation, maintenance, and upgrade of secure 
     telecommunications equipment and a secure automated 
     information network to store and retrieve the identities and 
     locations of protected witnesses:  Provided, That amounts 
     made available under this heading may not be transferred 
     pursuant to section 205 of this Act.

           salaries and expenses, community relations service

                     (including transfer of funds)

       For necessary expenses of the Community Relations Service, 
     $18,000,000:  Provided, That notwithstanding section 205 of 
     this Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for 
     conflict resolution and violence prevention activities of the 
     Community Relations Service, the Attorney General may 
     transfer such amounts to the Community Relations Service, 
     from available appropriations for the current fiscal year for 
     the Department of Justice, as may be necessary to respond to 
     such circumstances:  Provided further, That any transfer 
     pursuant to the preceding proviso shall be treated as a 
     reprogramming under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.

                         assets forfeiture fund

       For expenses authorized by subparagraphs (B), (F), and (G) 
     of section 524(c)(1) of title 28, United States Code, 
     $20,514,000, to be derived from the Department of Justice 
     Assets Forfeiture Fund.

                     United States Marshals Service

                         salaries and expenses

       For necessary expenses of the United States Marshals 
     Service, $1,496,000,000, of which not to exceed $6,000 shall 
     be available for official reception and representation 
     expenses, and not to exceed $25,000,000 shall remain 
     available until expended.

                              construction

       For construction in space that is controlled, occupied, or 
     utilized by the United States Marshals Service for prisoner 
     holding and related support, $15,000,000, to remain available 
     until expended.   

                       federal prisoner detention

       For necessary expenses related to United States prisoners 
     in the custody of the United States Marshals Service as 
     authorized by section 4013 of title 18, United States Code, 
     $2,046,609,000, to remain available until expended:  
     Provided, That not to exceed $20,000,000 shall be considered 
     ``funds appropriated for State and local law enforcement 
     assistance'' pursuant to section 4013(b) of title 18, United 
     States Code:  Provided further, That the United States 
     Marshals Service shall be responsible for managing the 
     Justice Prisoner and Alien Transportation System.

                       National Security Division

                         salaries and expenses

                     (including transfer of funds)

       For expenses necessary to carry out the activities of the 
     National Security Division, $117,451,000, of which not to 
     exceed $5,000,000 for information technology systems shall 
     remain available until expended:  Provided, That 
     notwithstanding section 205 of this Act, upon a determination 
     by the Attorney General that emergent circumstances require 
     additional funding for the activities of the National 
     Security Division, the Attorney General may transfer such 
     amounts to this heading from available appropriations for the 
     current fiscal year for the Department of Justice, as may be 
     necessary to respond to such circumstances:  Provided 
     further, That any transfer pursuant to the preceding proviso 
     shall be treated as a reprogramming under section 505 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

       For necessary expenses for the identification, 
     investigation, and prosecution of individuals associated with 
     the most significant drug trafficking organizations, 
     transnational organized crime, and money laundering 
     organizations not otherwise provided for, to include inter-
     governmental agreements with State and local law enforcement 
     agencies engaged in the investigation and prosecution of 
     individuals involved in transnational organized crime and 
     drug trafficking, $550,458,000, of which $50,000,000 shall 
     remain available until expended:  Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation.

                    Federal Bureau of Investigation

                         salaries and expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States, $9,748,686,000, of which 
     not to exceed $216,900,000 shall remain available until 
     expended:  Provided, That not to exceed $284,000 shall be 
     available for official reception and representation expenses.

                              construction

       For necessary expenses, to include the cost of equipment, 
     furniture, and information technology requirements, related 
     to construction or acquisition of buildings, facilities, and 
     sites by purchase, or as otherwise authorized by law; 
     conversion, modification, and extension of federally owned 
     buildings; preliminary planning and design of projects; and 
     operation and maintenance of secure work environment 
     facilities and secure networking capabilities; $566,100,000, 
     to remain available until expended.

                    Drug Enforcement Administration

                         salaries and expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed

[[Page H7342]]

     $70,000 to meet unforeseen emergencies of a confidential 
     character pursuant to section 530C of title 28, United States 
     Code; and expenses for conducting drug education and training 
     programs, including travel and related expenses for 
     participants in such programs and the distribution of items 
     of token value that promote the goals of such programs, 
     $2,336,263,000, of which not to exceed $75,000,000 shall 
     remain available until expended and not to exceed $90,000 
     shall be available for official reception and representation 
     expenses:  Provided, That, notwithstanding section 3672 of 
     Public Law 106-310, up to $10,000,000 may be used to 
     reimburse States, units of local government, Indian Tribal 
     Governments, other public entities, and multi-jurisdictional 
     or regional consortia thereof for expenses incurred to clean 
     up and safely dispose of substances associated with 
     clandestine methamphetamine laboratories, conversion and 
     extraction operations, tableting operations, or laboratories 
     and processing operations for fentanyl and fentanyl-related 
     substances which may present a danger to public health or the 
     environment.

                              construction

       For necessary expenses, to include the cost of preliminary 
     planning and design, equipment, furniture, and information 
     technology requirements, related to the construction or 
     acquisition of buildings, facilities, and sites by purchase, 
     or as otherwise authorized by law, for the addition of a 
     laboratory and warehouse to meet the demand of testing drugs, 
     including fentanyl, $50,000,000, to remain available until 
     expended.

          Bureau of Alcohol, Tobacco, Firearms and Explosives

                         salaries and expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco, 
     Firearms and Explosives, for training of State and local law 
     enforcement agencies with or without reimbursement, including 
     training in connection with the training and acquisition of 
     canines for explosives and fire accelerants detection; and 
     for provision of laboratory assistance to State and local law 
     enforcement agencies, with or without reimbursement, 
     $1,483,887,000, of which not to exceed $36,000 shall be for 
     official reception and representation expenses, not to exceed 
     $1,000,000 shall be available for the payment of attorneys' 
     fees as provided by section 924(d)(2) of title 18, United 
     States Code, and not to exceed $25,000,000 shall remain 
     available until expended:  Provided, That none of the funds 
     appropriated herein shall be available to investigate or act 
     upon applications for relief from Federal firearms 
     disabilities under section 925(c) of title 18, United States 
     Code:  Provided further, That such funds shall be available 
     to investigate and act upon applications filed by 
     corporations for relief from Federal firearms disabilities 
     under section 925(c) of title 18, United States Code:  
     Provided further, That no funds made available by this or any 
     other Act may be used to transfer the functions, missions, or 
     activities of the Bureau of Alcohol, Tobacco, Firearms and 
     Explosives to other agencies or Departments.

                         Federal Prison System

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Federal Prison System for the 
     administration, operation, and maintenance of Federal penal 
     and correctional institutions, and for the provision of 
     technical assistance and advice on corrections related issues 
     to foreign governments, $7,708,375,000, of which not less 
     than $409,483,000 shall be for the programs and activities 
     authorized by the First Step Act of 2018 (Public Law 115-
     391):  Provided, That the Attorney General may transfer to 
     the Department of Health and Human Services such amounts as 
     may be necessary for direct expenditures by that Department 
     for medical relief for inmates of Federal penal and 
     correctional institutions:  Provided further, That the 
     Director of the Federal Prison System, where necessary, may 
     enter into contracts with a fiscal agent or fiscal 
     intermediary claims processor to determine the amounts 
     payable to persons who, on behalf of the Federal Prison 
     System, furnish health services to individuals committed to 
     the custody of the Federal Prison System:  Provided further, 
     That not to exceed $5,400 shall be available for official 
     reception and representation expenses:  Provided further, 
     That not to exceed $50,000,000 shall remain available until 
     expended for necessary operations:  Provided further, That, 
     of the amounts provided for contract confinement, not to 
     exceed $20,000,000 shall remain available until expended to 
     make payments in advance for grants, contracts and 
     reimbursable agreements, and other expenses:  Provided 
     further, That the Director of the Federal Prison System may 
     accept donated property and services relating to the 
     operation of the prison card program from a not-for-profit 
     entity which has operated such program in the past, 
     notwithstanding the fact that such not-for-profit entity 
     furnishes services under contracts to the Federal Prison 
     System relating to the operation of pre-release services, 
     halfway houses, or other custodial facilities.

                        buildings and facilities

       For planning, acquisition of sites, and construction of new 
     facilities; purchase and acquisition of facilities and 
     remodeling, and equipping of such facilities for penal and 
     correctional use, including all necessary expenses incident 
     thereto, by contract or force account; and constructing, 
     remodeling, and equipping necessary buildings and facilities 
     at existing penal and correctional institutions, including 
     all necessary expenses incident thereto, by contract or force 
     account, $127,000,000, to remain available until expended:  
     Provided, That labor of United States prisoners may be used 
     for work performed under this appropriation.

                federal prison industries, incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation.

   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $2,700,000 of the funds of the Federal Prison 
     Industries, Incorporated, shall be available for its 
     administrative expenses, and for services as authorized by 
     section 3109 of title 5, United States Code, to be computed 
     on an accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which such accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

               State and Local Law Enforcement Activities

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance for the prevention and prosecution of violence 
     against women, as authorized by the Omnibus Crime Control and 
     Safe Streets Act of 1968 (34 U.S.C. 10101 et seq.) (``the 
     1968 Act''); the Violent Crime Control and Law Enforcement 
     Act of 1994 (Public Law 103-322) (``the 1994 Act''); the 
     Victims of Child Abuse Act of 1990 (Public Law 101-647) 
     (``the 1990 Act''); the Prosecutorial Remedies and Other 
     Tools to end the Exploitation of Children Today Act of 2003 
     (Public Law 108-21); the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (34 U.S.C. 11101 et seq.) (``the 1974 
     Act''); the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386) (``the 2000 Act''); the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Violence Against Women Reauthorization Act of 
     2013 (Public Law 113-4) (``the 2013 Act''); the Rape Survivor 
     Child Custody Act of 2015 (Public Law 114-22) (``the 2015 
     Act''); and the Abolish Human Trafficking Act (Public Law 
     115-392); and for related victims services, $513,500,000, to 
     remain available until expended, of which $435,000,000 shall 
     be derived by transfer from amounts available for obligation 
     in this Act from the Fund established by section 1402 of 
     chapter XIV of title II of Public Law 98-473 (34 U.S.C. 
     20101), notwithstanding section 1402(d) of such Act of 1984, 
     and merged with the amounts otherwise made available under 
     this heading:  Provided, That except as otherwise provided by 
     law, not to exceed 5 percent of funds made available under 
     this heading may be used for expenses related to evaluation, 
     training, and technical assistance:  Provided further, That 
     any balances remaining available from prior year 
     appropriations under this heading for tracking violence 
     against Indian women, as authorized by section 905 of the 
     2005 Act, shall also be available to enhance the ability of 
     Tribal Government entities to access, enter information into, 
     and obtain information from, Federal criminal information 
     databases, as authorized by section 534 of title 28, United 
     States Code:  Provided further, That some or all of such 
     balances may be transferred, at the discretion of the 
     Attorney General, to ``General Administration, Justice 
     Information Sharing Technology'' for the Tribal Access 
     Program for national crime information in furtherance of this 
     purpose:  Provided further, That the authority to transfer 
     funds under the previous proviso shall be in addition to any 
     other transfer authority contained in this Act:  Provided 
     further, That of the amount provided--
       (1) $215,000,000 is for grants to combat violence against 
     women, as authorized by part T of the 1968 Act;
       (2) $40,000,000 is for transitional housing assistance 
     grants for victims of domestic violence, dating violence, 
     stalking, or sexual assault as authorized by section 40299 of 
     the 1994 Act;
       (3) $2,500,000 is for the National Institute of Justice and 
     the Bureau of Justice Statistics for research, evaluation, 
     and statistics of violence against women and related issues 
     addressed by grant programs of the Office on Violence Against 
     Women, which shall be transferred to ``Research, Evaluation 
     and Statistics'' for administration by the Office of Justice 
     Programs;
       (4) $12,000,000 is for a grant program to provide services 
     to advocate for and respond to youth victims of domestic 
     violence, dating violence, sexual assault, and stalking; 
     assistance to children and youth exposed to such violence; 
     programs to engage men and youth in preventing such violence; 
     and assistance to middle and high school students through 
     education and other services related to such violence:  
     Provided, That unobligated balances available for the 
     programs authorized by sections 41201, 41204, 41303, and 
     41305 of the 1994 Act, prior to its amendment by the 2013 
     Act, shall be available for this program:  Provided further, 
     That 10 percent of the total amount available for this grant 
     program shall be available for grants under the program 
     authorized by section 2015 of the 1968 Act:  Provided 
     further, That the definitions and grant conditions in section 
     40002 of the 1994 Act shall apply to this program;
       (5) $53,000,000 is for grants to encourage arrest policies 
     as authorized by part U of the 1968 Act,

[[Page H7343]]

     of which $4,000,000 is for a homicide reduction initiative;
       (6) $41,000,000 is for sexual assault victims assistance, 
     as authorized by section 41601 of the 1994 Act;
       (7) $45,000,000 is for rural domestic violence and child 
     abuse enforcement assistance grants, as authorized by section 
     40295 of the 1994 Act;
       (8) $20,000,000 is for grants to reduce violent crimes 
     against women on campus, as authorized by section 304 of the 
     2005 Act;
       (9) $47,000,000 is for legal assistance for victims, as 
     authorized by section 1201 of the 2000 Act;
       (10) $5,500,000 is for enhanced training and services to 
     end violence against and abuse of women in later life, as 
     authorized by section 40801 of the 1994 Act;
       (11) $18,000,000 is for grants to support families in the 
     justice system, as authorized by section 1301 of the 2000 
     Act:  Provided, That unobligated balances available for the 
     programs authorized by section 1301 of the 2000 Act and 
     section 41002 of the 1994 Act, prior to their amendment by 
     the 2013 Act, shall be available for this program;
       (12) $6,500,000 is for education and training to end 
     violence against and abuse of women with disabilities, as 
     authorized by section 1402 of the 2000 Act;
       (13) $1,000,000 is for the National Resource Center on 
     Workplace Responses to assist victims of domestic violence, 
     as authorized by section 41501 of the 1994 Act;
       (14) $1,000,000 is for analysis and research on violence 
     against Indian women, including as authorized by section 904 
     of the 2005 Act:  Provided, That such funds may be 
     transferred to ``Research, Evaluation and Statistics'' for 
     administration by the Office of Justice Programs;
       (15) $500,000 is for a national clearinghouse that provides 
     training and technical assistance on issues relating to 
     sexual assault of American Indian and Alaska Native women;
       (16) $4,000,000 is for grants to assist Tribal Governments 
     in exercising special domestic violence criminal 
     jurisdiction, as authorized by section 904 of the 2013 Act:  
     Provided, That the grant conditions in section 40002(b) of 
     the 1994 Act shall apply to this program; and
       (17) $1,500,000 is for the purposes authorized under the 
     2015 Act.

                       Office of Justice Programs

                  research, evaluation and statistics

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (``the 1968 Act''); the Violent 
     Crime Control and Law Enforcement Act of 1994 (Public Law 
     103-322) (``the 1994 Act''); the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (``the 1974 Act''); the 
     Missing Children's Assistance Act (34 U.S.C. 11291 et seq.); 
     the Prosecutorial Remedies and Other Tools to end the 
     Exploitation of Children Today Act of 2003 (Public Law 108-
     21) (``the PROTECT Act''); the Justice for All Act of 2004 
     (Public Law 108-405); the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (Public Law 
     109-162) (``the 2005 Act''); the Victims of Child Abuse Act 
     of 1990 (Public Law 101-647); the Second Chance Act of 2007 
     (Public Law 110-199); the Victims of Crime Act of 1984 
     (Public Law 98-473); the Adam Walsh Child Protection and 
     Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the PROTECT Our Children Act of 2008 (Public Law 110-
     401); subtitle C of title II of the Homeland Security Act of 
     2002 (Public Law 107-296) (``the 2002 Act''); the Prison Rape 
     Elimination Act of 2003 (Public Law 108-79) (``PREA''); the 
     NICS Improvement Amendments Act of 2007 (Public Law 110-180); 
     the Violence Against Women Reauthorization Act of 2013 
     (Public Law 113-4) (``the 2013 Act''); the Comprehensive 
     Addiction and Recovery Act of 2016 (Public Law 114-198); the 
     First Step Act of 2018 (Public Law 115-391); and other 
     programs, $82,000,000, to remain available until expended, of 
     which--
       (1) $45,000,000 is for criminal justice statistics 
     programs, and other activities, as authorized by part C of 
     title I of the 1968 Act, of which $3,000,000 is for a data 
     collection on law enforcement suicide; and
       (2) $37,000,000 is for research, development, and 
     evaluation programs, and other activities as authorized by 
     part B of title I of the 1968 Act and subtitle C of title II 
     of the 2002 Act, and for activities authorized by or 
     consistent with the First Step Act of 2018, of which 
     $6,000,000 is for research targeted toward developing a 
     better understanding of the domestic radicalization 
     phenomenon, and advancing evidence-based strategies for 
     effective intervention and prevention; $1,000,000 is for 
     research to study the root causes of school violence to 
     include the impact and effectiveness of grants made under the 
     STOP School Violence Act; $1,500,000 is for a national study 
     to identify improvements for law enforcement officials who 
     respond to and investigate child pornography crimes; 
     $4,000,000 is for the research, design, and testing of a 
     scalable national model to reduce incarceration rates for 
     minor probation and parole violations; and not less than 
     $2,000,000 is for research, testing, and evaluation of the 
     use of counter-unmanned aircraft systems in support of law 
     enforcement operations.

               state and local law enforcement assistance

                     (including transfer of funds)

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322) (``the 1994 
     Act''); the Omnibus Crime Control and Safe Streets Act of 
     1968 (Public Law 90-351) (``the 1968 Act''); the Justice for 
     All Act of 2004 (Public Law 108-405); the Victims of Child 
     Abuse Act of 1990 (Public Law 101-647) (``the 1990 Act''); 
     the Trafficking Victims Protection Reauthorization Act of 
     2005 (Public Law 109-164); the Violence Against Women and 
     Department of Justice Reauthorization Act of 2005 (Public Law 
     109-162) (``the 2005 Act''); the Adam Walsh Child Protection 
     and Safety Act of 2006 (Public Law 109-248) (``the Adam Walsh 
     Act''); the Victims of Trafficking and Violence Protection 
     Act of 2000 (Public Law 106-386); the NICS Improvement 
     Amendments Act of 2007 (Public Law 110-180); subtitle C of 
     title II of the Homeland Security Act of 2002 (Public Law 
     107-296) (``the 2002 Act''); the Prison Rape Elimination Act 
     of 2003 (Public Law 108-79); the Second Chance Act of 2007 
     (Public Law 110-199); the Prioritizing Resources and 
     Organization for Intellectual Property Act of 2008 (Public 
     Law 110-403); the Victims of Crime Act of 1984 (Public Law 
     98-473); the Mentally Ill Offender Treatment and Crime 
     Reduction Reauthorization and Improvement Act of 2008 (Public 
     Law 110-416); the Violence Against Women Reauthorization Act 
     of 2013 (Public Law 113-4) (``the 2013 Act''); the 
     Comprehensive Addiction and Recovery Act of 2016 (Public Law 
     114-198) (``CARA''); the Justice for All Reauthorization Act 
     of 2016 (Public Law 114-324); Kevin and Avonte's Law 
     (division Q of Public Law 115-141) (``Kevin and Avonte's 
     Law''); the Keep Young Athletes Safe Act of 2018 (title III 
     of division S of Public Law 115-141) (``the Keep Young 
     Athletes Safe Act''); the STOP School Violence Act of 2018 
     (title V of division S of Public Law 115-141) (``the STOP 
     School Violence Act''); the Fix NICS Act of 2018 (title VI of 
     division S of Public Law 115-141); the Project Safe 
     Neighborhoods Grant Program Authorization Act of 2018 (Public 
     Law 115-185); the SUPPORT for Patients and Communities Act 
     (Public Law 115-271); the Second Chance Reauthorization Act 
     of 2018 (Public Law 115-391); the Matthew Shepard and James 
     Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-84); the 
     Ashanti Alert Act of 2018 (Public Law 115-401); and other 
     programs, $1,914,000,000, to remain available until expended 
     as follows--
       (1) $484,000,000 for the Edward Byrne Memorial Justice 
     Assistance Grant program as authorized by subpart 1 of part E 
     of title I of the 1968 Act (except that section 1001(c), and 
     the special rules for Puerto Rico under section 505(g), of 
     title I of the 1968 Act shall not apply for purposes of this 
     Act), of which, notwithstanding such subpart 1--
       (A) $13,000,000 is for an Officer Robert Wilson III 
     memorial initiative on Preventing Violence Against Law 
     Enforcement and Ensuring Officer Resilience and Survivability 
     (VALOR);
       (B) $8,000,000 is for an initiative to support evidence-
     based policing;
       (C) $8,000,000 is for an initiative to enhance 
     prosecutorial decision-making;
       (D) $2,400,000 is for the operation, maintenance, and 
     expansion of the National Missing and Unidentified Persons 
     System;
       (E) $7,500,000 is for a grant program for State and local 
     law enforcement to provide officer training on responding to 
     individuals with mental illness or disabilities;
       (F) $2,000,000 is for a student loan repayment assistance 
     program pursuant to section 952 of Public Law 110-315;
       (G) $15,500,000 is for prison rape prevention and 
     prosecution grants to States and units of local government, 
     and other programs, as authorized by the Prison Rape 
     Elimination Act of 2003 (Public Law 108-79);
       (H) $3,000,000 is for a grant program authorized by Kevin 
     and Avonte's Law;
       (I) $4,000,000 is for the establishment of a national 
     center on forensics at an accredited university of higher 
     education with affiliate medical and law schools, in 
     partnership with a co-located full-service State department 
     of forensic science with a medical examiner function;
       (J) $20,000,000 is for grants authorized under the Project 
     Safe Neighborhoods Grant Authorization Act of 2018 (Public 
     Law 115-185);
       (K) $7,000,000 is for the Capital Litigation Improvement 
     Grant Program, as authorized by section 426 of Public Law 
     108-405, and for grants for wrongful conviction review;
       (L) $14,000,000 is for community-based violence prevention 
     initiatives;
       (M) $3,000,000 is for a national center for restorative 
     justice;
       (N) $1,000,000 is for the purposes of the Ashanti Alert 
     Network as authorized under the Ashanti Alert Act of 2018 
     (Public Law 115-401);
       (O) $3,500,000 is for a grant program to replicate family-
     based alternative sentencing pilot programs;
       (P) $1,000,000 is for a grant program to support child 
     advocacy training in post-secondary education;
       (Q) $7,000,000 is for a rural violent crime initiative, 
     including assistance for law enforcement;
       (R) $2,000,000 is for grants to States and units of local 
     government to deploy managed access systems to combat 
     contraband cell phone use in prison; and
       (S) $2,000,000 is for grants for development of child-
     friendly family visitation spaces in correctional facilities;
       (2) $244,000,000 for the State Criminal Alien Assistance 
     Program, as authorized by section 241(i)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(i)(5)):  
     Provided, That no jurisdiction shall request compensation for 
     any cost greater than the actual cost for Federal immigration 
     and other detainees housed in State and local detention 
     facilities;
       (3) $85,000,000 for victim services programs for victims of 
     trafficking, as authorized by section 107(b)(2) of Public Law 
     106-386, for programs authorized under Public Law 109-164, or 
     programs authorized under Public Law 113-4;
       (4) $12,000,000 for economic, high technology, white 
     collar, and Internet crime prevention grants, including as 
     authorized by section 401 of Public Law 110-403, of which 
     $2,500,000 is for competitive grants that help State and 
     local law enforcement tackle intellectual property thefts, 
     and $2,000,000 is for grants to develop databases on Internet 
     of Things device capabilities and to

[[Page H7344]]

     build and execute training modules for law enforcement;
       (5) $20,000,000 for sex offender management assistance, as 
     authorized by the Adam Walsh Act, and related activities;
       (6) $30,000,000 for the Patrick Leahy Bulletproof Vest 
     Partnership Grant Program, as authorized by section 2501 of 
     title I of the 1968 Act:  Provided, That $1,500,000 is 
     transferred directly to the National Institute of Standards 
     and Technology's Office of Law Enforcement Standards for 
     research, testing, and evaluation programs;
       (7) $1,000,000 for the National Sex Offender Public 
     Website;
       (8) $85,000,000 for grants to States to upgrade criminal 
     and mental health records for the National Instant Criminal 
     Background Check System, of which no less than $25,000,000 
     shall be for grants made under the authorities of the NICS 
     Improvement Amendments Act of 2007 (Public Law 110-180) and 
     Fix NICS Act of 2018;
       (9) $33,000,000 for Paul Coverdell Forensic Sciences 
     Improvement Grants under part BB of title I of the 1968 Act;
       (10) $141,000,000 for DNA-related and forensic programs and 
     activities, of which--
       (A) $110,000,000 is for the purposes authorized under 
     section 2 of the DNA Analysis Backlog Elimination Act of 2000 
     (Public Law 106-546) (the Debbie Smith DNA Backlog Grant 
     Program):  Provided, That up to 4 percent of funds made 
     available under this paragraph may be used for the purposes 
     described in the DNA Training and Education for Law 
     Enforcement, Correctional Personnel, and Court Officers 
     program (Public Law 108-405, section 303);
       (B) $19,000,000 for other local, State, and Federal 
     forensic activities;
       (C) $8,000,000 is for the purposes described in the Kirk 
     Bloodsworth Post-Conviction DNA Testing Grant Program (Public 
     Law 108-405, section 412); and
       (D) $4,000,000 is for Sexual Assault Forensic Exam Program 
     grants, including as authorized by section 304 of Public Law 
     108-405;
       (11) $48,000,000 for a grant program for community-based 
     sexual assault response reform;
       (12) $12,500,000 for the court-appointed special advocate 
     program, as authorized by section 217 of the 1990 Act;
       (13) $46,000,000 for assistance to Indian Tribes;
       (14) $100,000,000 for offender reentry programs and 
     research, as authorized by the Second Chance Act of 2007 
     (Public Law 110-199) and by the Second Chance Reauthorization 
     Act of 2018 (Public Law 115-391), without regard to the time 
     limitations specified at section 6(1) of such Act, of which 
     not to exceed $6,000,000 is for a program to improve State, 
     local, and Tribal probation or parole supervision efforts and 
     strategies; $5,000,000 is for Children of Incarcerated 
     Parents Demonstrations to enhance and maintain parental and 
     family relationships for incarcerated parents as a reentry or 
     recidivism reduction strategy; and $4,500,000 is for 
     additional replication sites employing the Project HOPE 
     Opportunity Probation with Enforcement model implementing 
     swift and certain sanctions in probation, of which no less 
     than $500,000 shall be used for a project that provides 
     training, technical assistance, and best practices:  
     Provided, That up to $7,500,000 of funds made available in 
     this paragraph may be used for performance-based awards for 
     Pay for Success projects, of which up to $5,000,000 shall be 
     for Pay for Success programs implementing the Permanent 
     Supportive Housing Model;
       (15) $394,000,000 for comprehensive opioid abuse reduction 
     activities, including as authorized by CARA, and for the 
     following programs, which shall address opioid, stimulant, 
     and substance abuse reduction consistent with underlying 
     program authorities--
       (A) $83,000,000 for Drug Courts, as authorized by section 
     1001(a)(25)(A) of title I of the 1968 Act;
       (B) $35,000,000 for mental health courts and adult and 
     juvenile collaboration program grants, as authorized by parts 
     V and HH of title I of the 1968 Act, and the Mentally Ill 
     Offender Treatment and Crime Reduction Reauthorization and 
     Improvement Act of 2008 (Public Law 110-416);
       (C) $34,000,000 for grants for Residential Substance Abuse 
     Treatment for State Prisoners, as authorized by part S of 
     title I of the 1968 Act;
       (D) $25,000,000 for a veterans treatment courts program;
       (E) $32,000,000 for a program to monitor prescription drugs 
     and scheduled listed chemical products; and
       (F) $185,000,000 for a comprehensive opioid, stimulant, and 
     substance abuse program;
       (16) $2,500,000 for a competitive grant program authorized 
     by the Keep Young Athletes Safe Act;
       (17) $79,000,000 for grants to be administered by the 
     Bureau of Justice Assistance for purposes authorized under 
     the STOP School Violence Act;
       (18) $2,000,000 for grants to State and local law 
     enforcement agencies for the expenses associated with the 
     investigation and prosecution of criminal offenses, involving 
     civil rights, authorized by the Emmett Till Unsolved Civil 
     Rights Crimes Reauthorization Act of 2016 (Public Law 114-
     325);
       (19) $5,000,000 for grants to State, local, and Tribal law 
     enforcement agencies to conduct educational outreach and 
     training on hate crimes and to investigate and prosecute hate 
     crimes, as authorized by section 4704 of the Matthew Shepard 
     and James Byrd, Jr. Hate Crimes Prevention Act (Public Law 
     111-84); and
       (20) $90,000,000 for initiatives to improve police-
     community relations, of which $35,000,000 is for a 
     competitive matching grant program for purchases of body-worn 
     cameras for State, local, and Tribal law enforcement; 
     $33,000,000 is for a justice reinvestment initiative, for 
     activities related to criminal justice reform and recidivism 
     reduction; and $22,000,000 is for an Edward Byrne Memorial 
     criminal justice innovation program:
       Provided, That, if a unit of local government uses any of 
     the funds made available under this heading to increase the 
     number of law enforcement officers, the unit of local 
     government will achieve a net gain in the number of law 
     enforcement officers who perform non-administrative public 
     sector safety service.

                       juvenile justice programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (``the 1974 Act''); the Omnibus Crime 
     Control and Safe Streets Act of 1968 (``the 1968 Act''); the 
     Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the Missing Children's Assistance Act (34 U.S.C. 
     11291 et seq.); the Prosecutorial Remedies and Other Tools to 
     end the Exploitation of Children Today Act of 2003 (Public 
     Law 108-21); the Victims of Child Abuse Act of 1990 (Public 
     Law 101-647) (``the 1990 Act''); the Adam Walsh Child 
     Protection and Safety Act of 2006 (Public Law 109-248) (``the 
     Adam Walsh Act''); the PROTECT Our Children Act of 2008 
     (Public Law 110-401); the Violence Against Women 
     Reauthorization Act of 2013 (Public Law 113-4) (``the 2013 
     Act''); the Justice for All Reauthorization Act of 2016 
     (Public Law 114-324); the Missing Children's Assistance Act 
     of 2018 (Public Law 115-267); the Juvenile Justice Reform Act 
     of 2018 (Public Law 115-385); and other juvenile justice 
     programs, $346,000,000, to remain available until expended as 
     follows--
       (1) $67,000,000 for programs authorized by section 221 of 
     the 1974 Act, and for training and technical assistance to 
     assist small, nonprofit organizations with the Federal grants 
     process:  Provided, That of the amounts provided under this 
     paragraph, $500,000 shall be for a competitive demonstration 
     grant program to support emergency planning among State, 
     local, and Tribal juvenile justice residential facilities;
       (2) $100,000,000 for youth mentoring grants;
       (3) $49,000,000 for delinquency prevention, of which, 
     pursuant to sections 261 and 262 of the 1974 Act--
       (A) $2,000,000 shall be for grants to prevent trafficking 
     of girls;
       (B) $10,000,000 shall be for the Tribal Youth Program;
       (C) $500,000 shall be for an Internet site providing 
     information and resources on children of incarcerated 
     parents;
       (D) $3,000,000 shall be for competitive grants focusing on 
     girls in the juvenile justice system;
       (E) $10,000,000 shall be for an opioid-affected youth 
     initiative; and
       (F) $8,000,000 shall be for an initiative relating to 
     children exposed to violence;
       (4) $30,000,000 for programs authorized by the Victims of 
     Child Abuse Act of 1990;
       (5) $94,000,000 for missing and exploited children 
     programs, including as authorized by sections 404(b) and 
     405(a) of the 1974 Act (except that section 102(b)(4)(B) of 
     the PROTECT Our Children Act of 2008 (Public Law 110-401) 
     shall not apply for purposes of this Act);
       (6) $3,500,000 for child abuse training programs for 
     judicial personnel and practitioners, as authorized by 
     section 222 of the 1990 Act; and
       (7) $2,500,000 for a program to improve juvenile indigent 
     defense:
       Provided, That not more than 10 percent of each amount may 
     be used for research, evaluation, and statistics activities 
     designed to benefit the programs or activities authorized:  
     Provided further, That not more than 2 percent of the amounts 
     designated under paragraphs (1) through (3) and (6) may be 
     used for training and technical assistance:  Provided 
     further, That the two preceding provisos shall not apply to 
     grants and projects administered pursuant to sections 261 and 
     262 of the 1974 Act and to missing and exploited children 
     programs.

                     public safety officer benefits

                     (including transfer of funds)

       For payments and expenses authorized under section 
     1001(a)(4) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, such sums as are necessary (including 
     amounts for administrative costs), to remain available until 
     expended; and $24,800,000 for payments authorized by section 
     1201(b) of such Act and for educational assistance authorized 
     by section 1218 of such Act, to remain available until 
     expended:  Provided, That notwithstanding section 205 of this 
     Act, upon a determination by the Attorney General that 
     emergent circumstances require additional funding for such 
     disability and education payments, the Attorney General may 
     transfer such amounts to ``Public Safety Officer Benefits'' 
     from available appropriations for the Department of Justice 
     as may be necessary to respond to such circumstances:  
     Provided further, That any transfer pursuant to the preceding 
     proviso shall be treated as a reprogramming under section 505 
     of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.

                  Community Oriented Policing Services

             community oriented policing services programs

                     (including transfer of funds)

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994 (Public Law 103-322); the Omnibus 
     Crime Control and Safe Streets Act of 1968 (``the 1968 
     Act''); the Violence Against Women and Department of Justice 
     Reauthorization Act of 2005 (Public Law 109-162) (``the 2005 
     Act''); the American Law Enforcement Heroes Act of 2017 
     (Public Law 115-37); the Law Enforcement Mental Health and 
     Wellness Act (Public Law 115-113) (``the LEMHW Act''); the 
     SUPPORT for Patients and Communities Act (Public Law 115-
     271); and the

[[Page H7345]]

     Supporting and Treating Officers In Crisis Act of 2019 
     (Public Law 116-32) (``the STOIC Act''), $386,000,000, to 
     remain available until expended:  Provided, That any balances 
     made available through prior year deobligations shall only be 
     available in accordance with section 505 of this Act:  
     Provided further, That of the amount provided under this 
     heading--
       (1) $237,000,000 is for grants under section 1701 of title 
     I of the 1968 Act (34 U.S.C. 10381) for the hiring and 
     rehiring of additional career law enforcement officers under 
     part Q of such title notwithstanding subsection (i) of such 
     section:  Provided, That, notwithstanding section 1704(c) of 
     such title (34 U.S.C. 10384(c)), funding for hiring or 
     rehiring a career law enforcement officer may not exceed 
     $125,000 unless the Director of the Office of Community 
     Oriented Policing Services grants a waiver from this 
     limitation:  Provided further, That within the amounts 
     appropriated under this paragraph, $29,500,000 is for 
     improving Tribal law enforcement, including hiring, 
     equipment, training, anti-methamphetamine activities, and 
     anti-opioid activities:  Provided further, That of the 
     amounts appropriated under this paragraph $40,000,000 is for 
     regional information sharing activities, as authorized by 
     part M of title I of the 1968 Act, which shall be transferred 
     to and merged with ``Research, Evaluation, and Statistics'' 
     for administration by the Office of Justice Programs:  
     Provided further, That within the amounts appropriated under 
     this paragraph, no less than $3,000,000 is to support the 
     Tribal Access Program:  Provided further, That within the 
     amounts appropriated under this paragraph, $8,000,000 is for 
     training, peer mentoring, mental health program activities, 
     and other support services as authorized under the LEMHW Act 
     and STOIC Act;
       (2) $11,000,000 is for activities authorized by the POLICE 
     Act of 2016 (Public Law 114-199);
       (3) $15,000,000 is for competitive grants to State law 
     enforcement agencies in States with high seizures of 
     precursor chemicals, finished methamphetamine, laboratories, 
     and laboratory dump seizures:  Provided, That funds 
     appropriated under this paragraph shall be utilized for 
     investigative purposes to locate or investigate illicit 
     activities, including precursor diversion, laboratories, or 
     methamphetamine traffickers;
       (4) $35,000,000 is for competitive grants to statewide law 
     enforcement agencies in States with high rates of primary 
     treatment admissions for heroin and other opioids:  Provided, 
     That these funds shall be utilized for investigative purposes 
     to locate or investigate illicit activities, including 
     activities related to the distribution of heroin or unlawful 
     distribution of prescription opioids, or unlawful heroin and 
     prescription opioid traffickers through statewide 
     collaboration;
       (5) $53,000,000 is for competitive grants to be 
     administered by the Community Oriented Policing Services 
     Office for purposes authorized under the STOP School Violence 
     Act (title V of division S of Public Law 115-141); and
       (6) $35,000,000 is for community policing development 
     activities in furtherance of section 1701 of title I of the 
     1968 Act (34 U.S.C. 10381).

               General Provisions--Department of Justice

                     (including transfer of funds)

       Sec. 201.  In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $50,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses.
       Sec. 202.  None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape or incest:  Provided, 
     That should this prohibition be declared unconstitutional by 
     a court of competent jurisdiction, this section shall be null 
     and void.
       Sec. 203.  None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 204.  Nothing in the preceding section shall remove 
     the obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility:  Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 203 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 205.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Department 
     of Justice in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers:  Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 206.  None of the funds made available under this 
     title may be used by the Federal Bureau of Prisons or the 
     United States Marshals Service for the purpose of 
     transporting an individual who is a prisoner pursuant to 
     conviction for crime under State or Federal law and is 
     classified as a maximum or high security prisoner, other than 
     to a prison or other facility certified by the Federal Bureau 
     of Prisons as appropriately secure for housing such a 
     prisoner.
       Sec. 207. (a) None of the funds appropriated by this Act 
     may be used by Federal prisons to purchase cable television 
     services, or to rent or purchase audiovisual or electronic 
     media or equipment used primarily for recreational purposes.
       (b) Subsection (a) does not preclude the rental, 
     maintenance, or purchase of audiovisual or electronic media 
     or equipment for inmate training, religious, or educational 
     programs.
       Sec. 208.  None of the funds made available under this 
     title shall be obligated or expended for any new or enhanced 
     information technology program having total estimated 
     development costs in excess of $100,000,000, unless the 
     Deputy Attorney General and the investment review board 
     certify to the Committees on Appropriations of the House of 
     Representatives and the Senate that the information 
     technology program has appropriate program management 
     controls and contractor oversight mechanisms in place, and 
     that the program is compatible with the enterprise 
     architecture of the Department of Justice.
       Sec. 209.  The notification thresholds and procedures set 
     forth in section 505 of this Act shall apply to deviations 
     from the amounts designated for specific activities in this 
     Act and in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act), and to any use of deobligated balances of funds 
     provided under this title in previous years.
       Sec. 210.  None of the funds appropriated by this Act may 
     be used to plan for, begin, continue, finish, process, or 
     approve a public-private competition under the Office of 
     Management and Budget Circular A-76 or any successor 
     administrative regulation, directive, or policy for work 
     performed by employees of the Bureau of Prisons or of Federal 
     Prison Industries, Incorporated.
       Sec. 211.  Notwithstanding any other provision of law, no 
     funds shall be available for the salary, benefits, or 
     expenses of any United States Attorney assigned dual or 
     additional responsibilities by the Attorney General or his 
     designee that exempt that United States Attorney from the 
     residency requirements of section 545 of title 28, United 
     States Code.
       Sec. 212.  At the discretion of the Attorney General, and 
     in addition to any amounts that otherwise may be available 
     (or authorized to be made available) by law, with respect to 
     funds appropriated by this title under the headings 
     ``Research, Evaluation and Statistics'', ``State and Local 
     Law Enforcement Assistance'', and ``Juvenile Justice 
     Programs''--
       (1) up to 2 percent of funds made available to the Office 
     of Justice Programs for grant or reimbursement programs may 
     be used by such Office to provide training and technical 
     assistance; and
       (2) up to 2 percent of funds made available for grant or 
     reimbursement programs under such headings, except for 
     amounts appropriated specifically for research, evaluation, 
     or statistical programs administered by the National 
     Institute of Justice and the Bureau of Justice Statistics, 
     shall be transferred to and merged with funds provided to the 
     National Institute of Justice and the Bureau of Justice 
     Statistics, to be used by them for research, evaluation, or 
     statistical purposes, without regard to the authorizations 
     for such grant or reimbursement programs.
       Sec. 213.  Upon request by a grantee for whom the Attorney 
     General has determined there is a fiscal hardship, the 
     Attorney General may, with respect to funds appropriated in 
     this or any other Act making appropriations for fiscal years 
     2018 through 2021 for the following programs, waive the 
     following requirements:
       (1) For the adult and juvenile offender State and local 
     reentry demonstration projects under part FF of title I of 
     the Omnibus Crime Control and Safe Streets Act of 1968 (34 
     U.S.C. 10631 et seq.), the requirements under section 
     2976(g)(1) of such part (34 U.S.C. 10631(g)(1)).
       (2) For grants to protect inmates and safeguard communities 
     as authorized by section 6 of the Prison Rape Elimination Act 
     of 2003 (34 U.S.C. 30305(c)(3)), the requirements of section 
     6(c)(3) of such Act.
       Sec. 214.  Notwithstanding any other provision of law, 
     section 20109(a) of subtitle A of title II of the Violent 
     Crime Control and Law Enforcement Act of 1994 (34 U.S.C. 
     12109(a)) shall not apply to amounts made available by this 
     or any other Act.
       Sec. 215.  None of the funds made available under this Act, 
     other than for the national instant criminal background check 
     system established under section 103 of the Brady Handgun 
     Violence Prevention Act (34 U.S.C. 40901), may be used by a 
     Federal law enforcement officer to facilitate the transfer of 
     an operable firearm to an individual if the Federal law 
     enforcement officer knows or suspects that the individual is 
     an agent of a drug cartel, unless law enforcement personnel 
     of the United States continuously monitor or control the 
     firearm at all times.
       Sec. 216. (a) None of the income retained in the Department 
     of Justice Working Capital Fund pursuant to title I of Public 
     Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be 
     available for obligation during fiscal year 2021, except up 
     to $12,000,000 may be obligated for implementation of a 
     unified Department of Justice financial management system.
       (b) Not to exceed $30,000,000 of the unobligated balances 
     transferred to the capital account of the Department of 
     Justice Working Capital Fund pursuant to title I of Public 
     Law 102-140 (105 Stat. 784; 28 U.S.C. 527 note) shall be 
     available for obligation in fiscal year 2021, and any use, 
     obligation, transfer, or allocation of such funds shall be 
     treated as a reprogramming of funds under section 505 of this 
     Act.
       (c) Not to exceed $10,000,000 of the excess unobligated 
     balances available under section 524(c)(8)(E) of title 28, 
     United States Code, shall be available for obligation during 
     fiscal year 2021, and any use, obligation, transfer or 
     allocation of such funds shall be treated as a reprogramming 
     of funds under section 505 of this Act.
       Sec. 217.  Discretionary funds that are made available in 
     this Act for the Office of Justice Programs may be used to 
     participate in Performance Partnership Pilots authorized 
     under such

[[Page H7346]]

     authorities as have been enacted for Performance Partnership 
     Pilots in appropriations acts in prior fiscal years and the 
     current fiscal year.
       Sec. 218.  Section 1930(a)(6)(B) of title 28, United States 
     Code, shall be applied for this fiscal year and next fiscal 
     year by substituting `` $300,000,000'' for `` $200,000,000''.
       Sec. 219.  Section 527 of title 28, United States Code, is 
     amended in the third sentence by inserting ``: (1)'' before 
     ``the Department'' and by inserting ``; and (2) federally 
     recognized tribes for supplies, materials, and services 
     related to access to Federal law enforcement databases;'' 
     after ``and services''.
       Sec. 220.  Section 1825 of title 28, United States Code, is 
     amended:
        (a) in subsections (a) and (b) by striking ``United States 
     marshal for the district'' each place it appears and 
     inserting ``Attorney General''; and
       (b) in subsection (c) by striking ``United States marshal'' 
     and inserting ``Attorney General''.
       Sec. 221.  Section 151 of the Foreign Relations 
     Authorization Act, Fiscal Years 1990 and 1991 (Public Law 
     101-246; 5 U.S.C. 5928 note), is amended--
       (1) by striking ``or'' after ``Drug Enforcement 
     Administration'' and inserting ``, the''; and
       (2) by inserting ``, or the United States Marshals 
     Service'' after ``Federal Bureau of Investigation''.
       Sec. 222.  There is hereby appropriated $5,000,000, to 
     remain available until expended, for an additional amount for 
     ``Department of Justice--General Administration'', for 
     expenses associated with the development and operation of a 
     database concerning substantiated instances of excessive use 
     of force related to law enforcement matters and officer 
     misconduct, as described by, and subject to the requirements 
     of, section 3 of Executive Order 13929 (June 16, 2020), as 
     such Executive Order was in effect on the date of the 
     enactment of this Act:  Provided, That the Attorney General 
     may transfer the funds provided in this section to other 
     appropriations accounts in the Department of Justice to use 
     for expenses associated with the development and operation of 
     such database:  Provided further, That the transfer authority 
     in the preceding proviso is in addition to any other transfer 
     authority contained in this Act:  Provided further, That any 
     transfer pursuant to the first proviso shall be treated as a 
     reprogramming under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 2021''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of 
     passenger motor vehicles, and services as authorized by 
     section 3109 of title 5, United States Code, not to exceed 
     $2,250 for official reception and representation expenses, 
     and rental of conference rooms in the District of Columbia, 
     $5,544,000.

                         National Space Council

       For necessary expenses of the National Space Council, in 
     carrying out the purposes of title V of Public Law 100-685 
     and Executive Order No. 13803, hire of passenger motor 
     vehicles, and services as authorized by section 3109 of title 
     5, United States Code, not to exceed $2,250 for official 
     reception and representation expenses, $1,965,000:  Provided, 
     That notwithstanding any other provision of law, the National 
     Space Council may accept personnel support from Federal 
     agencies, departments, and offices, and such Federal 
     agencies, departments, and offices may detail staff without 
     reimbursement to the National Space Council for purposes 
     provided herein.

             National Aeronautics and Space Administration

                                science

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $7,301,000,000, to remain available until September 30, 2022: 
      Provided, That, $2,000,000,000 shall be for Earth Science; 
     $2,700,000,000 shall be for Planetary Science; $1,356,200,000 
     shall be for Astrophysics; $414,700,000 shall be for the 
     James Webb Space Telescope; $751,000,000 shall be for 
     Heliophysics, and $79,100,000 shall be for Biological and 
     Physical Science:  Provided further, That the National 
     Aeronautics and Space Administration shall use the Space 
     Launch System (SLS) for the Europa Clipper mission if the SLS 
     is available and if torsional loading analysis has confirmed 
     Clipper's appropriateness for SLS:  Provided further, That, 
     if the conditions in the preceding proviso cannot be met, the 
     Administrator shall conduct a full and open competition, that 
     is not limited to the launch vehicles listed in the NLS-II 
     contract of the Launch Services Program as of the date of the 
     enactment of this Act, to select a commercial launch vehicle 
     for Europa Clipper.

                              aeronautics

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aeronautics research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $828,700,000, to remain available until September 30, 2022.

                            space technology

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space technology research and 
     development activities, including research, development, 
     operations, support, and services; maintenance and repair, 
     facility planning and design; space flight, spacecraft 
     control, and communications activities; program management; 
     personnel and related costs, including uniforms or allowances 
     therefor, as authorized by sections 5901 and 5902 of title 5, 
     United States Code; travel expenses; purchase and hire of 
     passenger motor vehicles; and purchase, lease, charter, 
     maintenance, and operation of mission and administrative 
     aircraft, $1,100,000,000, to remain available until September 
     30, 2022:  Provided, That $227,000,000 shall be for RESTORE-
     L/SPace Infrastructure DExterous Robot:  Provided further, 
     That $110,000,000 shall be for the development, production, 
     and demonstration of a nuclear thermal propulsion system, of 
     which $80,000,000 shall be for the design of a flight 
     demonstration system:  Provided further, That, not later than 
     180 days after the enactment of this Act, the National 
     Aeronautics and Space Administration shall provide a plan for 
     the design of a flight demonstration.

                              exploration

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of exploration research and development 
     activities, including research, development, operations, 
     support, and services; maintenance and repair, facility 
     planning and design; space flight, spacecraft control, and 
     communications activities; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $6,555,400,000, to remain available until September 30, 2022: 
      Provided, That not less than $1,406,700,000 shall be for the 
     Orion Multi-Purpose Crew Vehicle:  Provided further, That not 
     less than $2,585,900,000 shall be for the Space Launch System 
     (SLS) launch vehicle, which shall have a lift capability not 
     less than 130 metric tons and which shall have core elements 
     and an Exploration Upper Stage developed simultaneously to be 
     used to the maximum extent practicable, including for Earth 
     to Moon missions and Moon landings:  Provided further, That 
     of the amounts provided for SLS, not less than $400,000,000 
     shall be for SLS Block 1B development including the 
     Exploration Upper Stage and associated systems including 
     related facilitization, to support an SLS Block 1B mission 
     available to launch in 2025 in addition to the planned Block 
     1 missions for Artemis 1 through Artemis 3:  Provided 
     further, That $590,000,000 shall be for Exploration Ground 
     Systems and associated Block 1B activities, including 
     $74,000,000 for a second mobile launch platform:  Provided 
     further, That the National Aeronautics and Space 
     Administration shall provide to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, concurrent with the annual budget submission, a 5-
     year budget profile for an integrated system that includes 
     the SLS, the Orion Multi-Purpose Crew Vehicle, and associated 
     ground systems that will ensure a crewed launch as early as 
     possible, as well as a system-based funding profile for a 
     sustained launch cadence that contemplates the use of an SLS 
     Block 1B cargo variant and associated ground systems:  
     Provided further, That $1,972,800,000 shall be for 
     exploration research and development.

                            space operations

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space operations research and 
     development activities, including research, development, 
     operations, support and services; space flight, spacecraft 
     control, and communications activities, including operations, 
     production, and services; maintenance and repair, facility 
     planning and design; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by sections 5901 and 5902 of title 5, United 
     States Code; travel expenses; purchase and hire of passenger 
     motor vehicles; and purchase, lease, charter, maintenance, 
     and operation of mission and administrative aircraft, 
     $3,988,200,000, to remain available until September 30, 2022.

      science, technology, engineering, and mathematics engagement

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of aerospace and aeronautical education 
     research and development activities, including research, 
     development, operations, support, and services; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; and purchase, 
     lease, charter, maintenance, and operation of mission and 
     administrative aircraft, $127,000,000, to remain available 
     until September

[[Page H7347]]

     30, 2022, of which $26,000,000 shall be for the Established 
     Program to Stimulate Competitive Research and $51,000,000 
     shall be for the National Space Grant College and Fellowship 
     Program.

                 safety, security and mission services

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics, space 
     technology, exploration, space operations and education 
     research and development activities, including research, 
     development, operations, support, and services; maintenance 
     and repair, facility planning and design; space flight, 
     spacecraft control, and communications activities; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by sections 5901 and 
     5902 of title 5, United States Code; travel expenses; 
     purchase and hire of passenger motor vehicles; not to exceed 
     $63,000 for official reception and representation expenses; 
     and purchase, lease, charter, maintenance, and operation of 
     mission and administrative aircraft, $2,936,500,000, to 
     remain available until September 30, 2022:  Provided, That if 
     available balances in the ``Science, Space, and Technology 
     Education Trust Fund'' are not sufficient to provide for the 
     grant disbursements required under the third and fourth 
     provisos under such heading in the Department of Housing and 
     Urban Development-Independent Agencies Appropriations Act, 
     1989 (Public Law 100-404) as amended by the Departments of 
     Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1995 (Public Law 
     103-327) up to $1,000,000 shall be available from amounts 
     made available under this heading to make such grant 
     disbursements.

       construction and environmental compliance and restoration

       For necessary expenses for construction of facilities 
     including repair, rehabilitation, revitalization, and 
     modification of facilities, construction of new facilities 
     and additions to existing facilities, facility planning and 
     design, and restoration, and acquisition or condemnation of 
     real property, as authorized by law, and environmental 
     compliance and restoration, $390,278,000, to remain available 
     until September 30, 2026:  Provided, That proceeds from 
     leases deposited into this account shall be available for a 
     period of 5 years to the extent and in amounts as provided in 
     annual appropriations Acts:  Provided further, That such 
     proceeds referred to in the preceding proviso shall be 
     available for obligation for fiscal year 2021 in an amount 
     not to exceed $18,700,000:  Provided further, That each 
     annual budget request shall include an annual estimate of 
     gross receipts and collections and proposed use of all funds 
     collected pursuant to section 20145 of title 51, United 
     States Code.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $44,200,000, of which $500,000 shall remain available until 
     September 30, 2022.

                       administrative provisions

                     (including transfers of funds)

       Funds for any announced prize otherwise authorized shall 
     remain available, without fiscal year limitation, until a 
     prize is claimed or the offer is withdrawn.
       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Aeronautics and 
     Space Administration in this Act may be transferred between 
     such appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers. Any funds transferred 
     to ``Construction and Environmental Compliance and 
     Restoration'' for construction activities shall not increase 
     that account by more than 20 percent. Balances so transferred 
     shall be merged with and available for the same purposes and 
     the same time period as the appropriations to which 
     transferred. Any transfer pursuant to this provision shall be 
     treated as a reprogramming of funds under section 505 of this 
     Act and shall not be available for obligation except in 
     compliance with the procedures set forth in that section.
       Not to exceed 5 percent of any appropriation provided for 
     the National Aeronautics and Space Administration under 
     previous appropriations Acts that remains available for 
     obligation or expenditure in fiscal year 2021 may be 
     transferred between such appropriations, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 10 percent by any such 
     transfers. Any transfer pursuant to this provision shall 
     retain its original availability and shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       The spending plan required by this Act shall be provided by 
     the National Aeronautics and Space Administration at the 
     theme, program, project, and activity level. The spending 
     plan, as well as any subsequent change of an amount 
     established in that spending plan that meets the notification 
     requirements of section 505 of this Act, shall be treated as 
     a reprogramming under section 505 of this Act and shall not 
     be available for obligation or expenditure except in 
     compliance with the procedures set forth in that section.
       Not more than 40 percent of the amounts made available in 
     this Act for the Gateway; Advanced Cislunar and Surface 
     Capabilities; Commercial LEO Development; Human Landing 
     System; and Lunar Discovery and Exploration, excluding the 
     Lunar Reconnaissance Orbiter, may be obligated until the 
     Administrator submits a multi-year plan to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     that identifies estimated dates, by fiscal year, for Space 
     Launch System flights to build the Gateway; the commencement 
     of partnerships with commercial entities for additional LEO 
     missions to land humans and rovers on the Moon; and 
     conducting additional scientific activities on the Moon. The 
     multi-year plan shall include key milestones to be met by 
     fiscal year to achieve goals for each of the lunar programs 
     described in the previous sentence and funding required by 
     fiscal year to achieve such milestones, as well as funding 
     provided in fiscal year 2021 and previous years.
       Of the amounts provided for Exploration Systems 
     Development, $25,000,000 shall be transferred to Construction 
     and Environmental Compliance and Restoration (CECR) for 
     Exploration Construction of Facilities consistent with 
     direction provided in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act). The authority provided by this paragraph 
     is in addition to the authority provided by the second 
     paragraph under this heading.
       Not more than 20 percent or $50,000,000, whichever is less, 
     of the amounts made available in the current-year CECR 
     appropriation may be applied to CECR projects funded under 
     previous years' CECR appropriation Acts. Use of current-year 
     funds under this provision shall be treated as a 
     reprogramming of funds under section 505 of this act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.

                      National Science Foundation

                    research and related activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public 
     Law 86-209 (42 U.S.C. 1880 et seq.); services as authorized 
     by section 3109 of title 5, United States Code; maintenance 
     and operation of aircraft and purchase of flight services for 
     research support; acquisition of aircraft; and authorized 
     travel; $6,909,769,000, to remain available until September 
     30, 2022, of which not to exceed $544,000,000 shall remain 
     available until expended for polar research and operations 
     support, and for reimbursement to other Federal agencies for 
     operational and science support and logistical and other 
     related activities for the United States Antarctic program:  
     Provided, That receipts for scientific support services and 
     materials furnished by the National Research Centers and 
     other National Science Foundation supported research 
     facilities may be credited to this appropriation.

          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950 (42 U.S.C. 1861 et 
     seq.), including authorized travel, $241,000,000, to remain 
     available until expended.

                     education and human resources

       For necessary expenses in carrying out science, 
     mathematics, and engineering education and human resources 
     programs and activities pursuant to the National Science 
     Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including 
     services as authorized by section 3109 of title 5, United 
     States Code, authorized travel, and rental of conference 
     rooms in the District of Columbia, $968,000,000, to remain 
     available until September 30, 2022.

                 agency operations and award management

       For agency operations and award management necessary in 
     carrying out the National Science Foundation Act of 1950 (42 
     U.S.C. 1861 et seq.); services authorized by section 3109 of 
     title 5, United States Code; hire of passenger motor 
     vehicles; uniforms or allowances therefor, as authorized by 
     sections 5901 and 5902 of title 5, United States Code; rental 
     of conference rooms in the District of Columbia; and 
     reimbursement of the Department of Homeland Security for 
     security guard services; $345,640,000:  Provided, That not to 
     exceed $8,280 is for official reception and representation 
     expenses:  Provided further, That contracts may be entered 
     into under this heading in fiscal year 2021 for maintenance 
     and operation of facilities and for other services to be 
     provided during the next fiscal year.

                  office of the national science board

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950 (42 
     U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
     $4,500,000:  Provided, That not to exceed $2,500 shall be 
     available for official reception and representation expenses.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, 
     $17,850,000, of which $400,000 shall remain available until 
     September 30, 2022.

                       administrative provisions

                     (including transfer of funds)

       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the National Science 
     Foundation in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers. Any transfer 
     pursuant to this paragraph shall be treated as a 
     reprogramming of funds under section 505 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.

[[Page H7348]]

       The Director of the National Science Foundation (NSF) shall 
     notify the Committees on Appropriations of the House of 
     Representatives and the Senate at least 30 days in advance of 
     any planned divestment through transfer, decommissioning, 
     termination, or deconstruction of any NSF-owned facilities or 
     any NSF capital assets (including land, structures, and 
     equipment) valued greater than $2,500,000.
       This title may be cited as the ``Science Appropriations 
     Act, 2021''.

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $12,500,000:  
     Provided, That none of the funds appropriated in this 
     paragraph may be used to employ any individuals under 
     Schedule C of subpart C of part 213 of title 5 of the Code of 
     Federal Regulations exclusive of one special assistant for 
     each Commissioner:  Provided further, That none of the funds 
     appropriated in this paragraph shall be used to reimburse 
     Commissioners for more than 75 billable days, with the 
     exception of the chairperson, who is permitted 125 billable 
     days:  Provided further, That the Chair may accept and use 
     any gift or donation to carry out the work of the Commission: 
      Provided further, That none of the funds appropriated in 
     this paragraph shall be used for any activity or expense that 
     is not explicitly authorized by section 3 of the Civil Rights 
     Commission Act of 1983 (42 U.S.C. 1975a):  Provided further, 
     That notwithstanding the preceding proviso, $500,000 shall be 
     used to separately fund the Commission on the Social Status 
     of Black Men and Boys.

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, the Age Discrimination in Employment Act of 1967, 
     the Equal Pay Act of 1963, the Americans with Disabilities 
     Act of 1990, section 501 of the Rehabilitation Act of 1973, 
     the Civil Rights Act of 1991, the Genetic Information 
     Nondiscrimination Act (GINA) of 2008 (Public Law 110-233), 
     the ADA Amendments Act of 2008 (Public Law 110-325), and the 
     Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111-2), 
     including services as authorized by section 3109 of title 5, 
     United States Code; hire of passenger motor vehicles as 
     authorized by section 1343(b) of title 31, United States 
     Code; nonmonetary awards to private citizens; and up to 
     $31,500,000 for payments to State and local enforcement 
     agencies for authorized services to the Commission, 
     $404,490,000:  Provided, That the Commission is authorized to 
     make available for official reception and representation 
     expenses not to exceed $2,250 from available funds:  Provided 
     further, That the Commission may take no action to implement 
     any workforce repositioning, restructuring, or reorganization 
     until such time as the Committees on Appropriations of the 
     House of Representatives and the Senate have been notified of 
     such proposals, in accordance with the reprogramming 
     requirements of section 505 of this Act:  Provided further, 
     That the Chair may accept and use any gift or donation to 
     carry out the work of the Commission.

                     International Trade Commission

                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles and 
     services as authorized by section 3109 of title 5, United 
     States Code, and not to exceed $2,250 for official reception 
     and representation expenses, $103,000,000, to remain 
     available until expended.

                       Legal Services Corporation

               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     $465,000,000, of which $425,500,000 is for basic field 
     programs and required independent audits; $5,500,000 is for 
     the Office of Inspector General, of which such amounts as may 
     be necessary may be used to conduct additional audits of 
     recipients; $23,000,000 is for management and grants 
     oversight; $4,250,000 is for client self-help and information 
     technology; $4,750,000 is for a Pro Bono Innovation Fund; and 
     $2,000,000 is for loan repayment assistance:  Provided, That 
     the Legal Services Corporation may continue to provide 
     locality pay to officers and employees at a rate no greater 
     than that provided by the Federal Government to Washington, 
     DC-based employees as authorized by section 5304 of title 5, 
     United States Code, notwithstanding section 1005(d) of the 
     Legal Services Corporation Act (42 U.S.C. 2996d(d)):  
     Provided further, That the authorities provided in section 
     205 of this Act shall be applicable to the Legal Services 
     Corporation:  Provided further, That, for the purposes of 
     section 505 of this Act, the Legal Services Corporation shall 
     be considered an agency of the United States Government.

          administrative provision--legal services corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 2020 and 2021, respectively.

                        Marine Mammal Commission

                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of the Marine Mammal Protection Act of 
     1972 (16 U.S.C. 1361 et seq.), $3,769,000.

            Office of the United States Trade Representative

                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by section 3109 of title 5, United States Code, 
     $55,000,000, of which $1,000,000 shall remain available until 
     expended:  Provided, That of the total amount made available 
     under this heading, not to exceed $124,000 shall be available 
     for official reception and representation expenses.

                      trade enforcement trust fund

                     (including transfer of funds)

       For activities of the United States Trade Representative 
     authorized by section 611 of the Trade Facilitation and Trade 
     Enforcement Act of 2015 (19 U.S.C. 4405), including 
     transfers, $15,000,000, to be derived from the Trade 
     Enforcement Trust Fund:  Provided, That any transfer pursuant 
     to subsection (d)(1) of such section shall be treated as a 
     reprogramming under section 505 of this Act.

                        State Justice Institute

                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Act of 1984 (42 
     U.S.C. 10701 et seq.) $7,000,000, of which $500,000 shall 
     remain available until September 30, 2022:  Provided, That 
     not to exceed $2,250 shall be available for official 
     reception and representation expenses:  Provided further, 
     That, for the purposes of section 505 of this Act, the State 
     Justice Institute shall be considered an agency of the United 
     States Government.

                                TITLE V

                           GENERAL PROVISIONS

                        (including rescissions)

                     (including transfer of funds)

       Sec. 501.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 504.  If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 505.  None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2021, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that: (1) creates or initiates a new 
     program, project, or activity; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel by any 
     means for any project or activity for which funds have been 
     denied or restricted; (4) relocates an office or employees; 
     (5) reorganizes or renames offices, programs, or activities; 
     (6) contracts out or privatizes any functions or activities 
     presently performed by Federal employees; (7) augments 
     existing programs, projects, or activities in excess of 
     $500,000 or 10 percent, whichever is less, or reduces by 10 
     percent funding for any program, project, or activity, or 
     numbers of personnel by 10 percent; or (8) results from any 
     general savings, including savings from a reduction in 
     personnel, which would result in a change in existing 
     programs, projects, or activities as approved by Congress; 
     unless the House and Senate Committees on Appropriations are 
     notified 15 days in advance of such reprogramming of funds.
       Sec. 506. (a) If it has been finally determined by a court 
     or Federal agency that any person intentionally affixed a 
     label bearing a ``Made in America'' inscription, or any 
     inscription with the same meaning, to any product sold in or 
     shipped to the United States that is not made in the United 
     States, the person shall be ineligible to receive any 
     contract or subcontract made with funds made available in 
     this Act, pursuant to the debarment, suspension, and 
     ineligibility procedures described in sections 9.400 through 
     9.409 of title 48, Code of Federal Regulations.
       (b)(1) To the extent practicable, with respect to 
     authorized purchases of promotional items, funds made 
     available by this Act shall be used to purchase items that 
     are manufactured, produced, or assembled in the United 
     States, its territories or possessions.
       (2) The term ``promotional items'' has the meaning given 
     the term in OMB Circular A-87, Attachment B, Item (1)(f)(3).
       Sec. 507. (a) The Departments of Commerce and Justice, the 
     National Science Foundation, and the National Aeronautics and 
     Space Administration shall provide to the Committees on

[[Page H7349]]

     Appropriations of the House of Representatives and the Senate 
     a quarterly report on the status of balances of 
     appropriations at the account level. For unobligated, 
     uncommitted balances and unobligated, committed balances the 
     quarterly reports shall separately identify the amounts 
     attributable to each source year of appropriation from which 
     the balances were derived. For balances that are obligated, 
     but unexpended, the quarterly reports shall separately 
     identify amounts by the year of obligation.
       (b) The report described in subsection (a) shall be 
     submitted within 30 days of the end of each quarter.
       (c) If a department or agency is unable to fulfill any 
     aspect of a reporting requirement described in subsection (a) 
     due to a limitation of a current accounting system, the 
     department or agency shall fulfill such aspect to the maximum 
     extent practicable under such accounting system and shall 
     identify and describe in each quarterly report the extent to 
     which such aspect is not fulfilled.
       Sec. 508.  Any costs incurred by a department or agency 
     funded under this Act resulting from, or to prevent, 
     personnel actions taken in response to funding reductions 
     included in this Act shall be absorbed within the total 
     budgetary resources available to such department or agency:  
     Provided, That the authority to transfer funds between 
     appropriations accounts as may be necessary to carry out this 
     section is provided in addition to authorities included 
     elsewhere in this Act:  Provided further, That use of funds 
     to carry out this section shall be treated as a reprogramming 
     of funds under section 505 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section:  Provided 
     further, That for the Department of Commerce, this section 
     shall also apply to actions taken for the care and protection 
     of loan collateral or grant property.
       Sec. 509.  None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 510.  Notwithstanding any other provision of law, 
     amounts deposited or available in the Fund established by 
     section 1402 of chapter XIV of title II of Public Law 98-473 
     (34 U.S.C. 20101) in any fiscal year in excess of 
     $2,015,000,000 shall not be available for obligation until 
     the following fiscal year:  Provided, That notwithstanding 
     section 1402(d) of such Act, of the amounts available from 
     the Fund for obligation: (1) $10,000,000 shall be transferred 
     to the Department of Justice Office of Inspector General and 
     remain available until expended for oversight and auditing 
     purposes associated with this section; and (2) 5 percent 
     shall be available to the Office for Victims of Crime for 
     grants, consistent with the requirements of the Victims of 
     Crime Act, to Indian Tribes to improve services for victims 
     of crime.
       Sec. 511.  None of the funds made available to the 
     Department of Justice in this Act may be used to discriminate 
     against or denigrate the religious or moral beliefs of 
     students who participate in programs for which financial 
     assistance is provided from those funds, or of the parents or 
     legal guardians of such students.
       Sec. 512.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 513. (a) The Inspectors General of the Department of 
     Commerce, the Department of Justice, the National Aeronautics 
     and Space Administration, the National Science Foundation, 
     and the Legal Services Corporation shall conduct audits, 
     pursuant to the Inspector General Act (5 U.S.C. App.), of 
     grants or contracts for which funds are appropriated by this 
     Act, and shall submit reports to Congress on the progress of 
     such audits, which may include preliminary findings and a 
     description of areas of particular interest, within 180 days 
     after initiating such an audit and every 180 days thereafter 
     until any such audit is completed.
       (b) Within 60 days after the date on which an audit 
     described in subsection (a) by an Inspector General is 
     completed, the Secretary, Attorney General, Administrator, 
     Director, or President, as appropriate, shall make the 
     results of the audit available to the public on the Internet 
     website maintained by the Department, Administration, 
     Foundation, or Corporation, respectively. The results shall 
     be made available in redacted form to exclude--
       (1) any matter described in section 552(b) of title 5, 
     United States Code; and
       (2) sensitive personal information for any individual, the 
     public access to which could be used to commit identity theft 
     or for other inappropriate or unlawful purposes.
       (c) Any person awarded a grant or contract funded by 
     amounts appropriated by this Act shall submit a statement to 
     the Secretary of Commerce, the Attorney General, the 
     Administrator, Director, or President, as appropriate, 
     certifying that no funds derived from the grant or contract 
     will be made available through a subcontract or in any other 
     manner to another person who has a financial interest in the 
     person awarded the grant or contract.
       (d) The provisions of the preceding subsections of this 
     section shall take effect 30 days after the date on which the 
     Director of the Office of Management and Budget, in 
     consultation with the Director of the Office of Government 
     Ethics, determines that a uniform set of rules and 
     requirements, substantially similar to the requirements in 
     such subsections, consistently apply under the executive 
     branch ethics program to all Federal departments, agencies, 
     and entities.
       Sec. 514. (a) None of the funds appropriated or otherwise 
     made available under this Act may be used by the Departments 
     of Commerce and Justice, the National Aeronautics and Space 
     Administration, or the National Science Foundation to acquire 
     a high-impact or moderate-impact information system, as 
     defined for security categorization in the National Institute 
     of Standards and Technology's (NIST) Federal Information 
     Processing Standard Publication 199, ``Standards for Security 
     Categorization of Federal Information and Information 
     Systems'' unless the agency has--
       (1) reviewed the supply chain risk for the information 
     systems against criteria developed by NIST and the Federal 
     Bureau of Investigation (FBI) to inform acquisition decisions 
     for high-impact and moderate-impact information systems 
     within the Federal Government;
       (2) reviewed the supply chain risk from the presumptive 
     awardee against available and relevant threat information 
     provided by the FBI and other appropriate agencies; and
       (3) in consultation with the FBI or other appropriate 
     Federal entity, conducted an assessment of any risk of cyber-
     espionage or sabotage associated with the acquisition of such 
     system, including any risk associated with such system being 
     produced, manufactured, or assembled by one or more entities 
     identified by the United States Government as posing a cyber 
     threat, including but not limited to, those that may be 
     owned, directed, or subsidized by the People's Republic of 
     China, the Islamic Republic of Iran, the Democratic People's 
     Republic of Korea, or the Russian Federation.
       (b) None of the funds appropriated or otherwise made 
     available under this Act may be used to acquire a high-impact 
     or moderate-impact information system reviewed and assessed 
     under subsection (a) unless the head of the assessing entity 
     described in subsection (a) has--
       (1) developed, in consultation with NIST, the FBI, and 
     supply chain risk management experts, a mitigation strategy 
     for any identified risks;
       (2) determined, in consultation with NIST and the FBI, that 
     the acquisition of such system is in the national interest of 
     the United States; and
       (3) reported that determination to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     and the agency Inspector General.
       Sec. 515.  None of the funds made available in this Act 
     shall be used in any way whatsoever to support or justify the 
     use of torture by any official or contract employee of the 
     United States Government.
       Sec. 516.  None of the funds made available in this Act may 
     be used to include in any new bilateral or multilateral trade 
     agreement the text of--
       (1) paragraph 2 of article 16.7 of the United States-
     Singapore Free Trade Agreement;
       (2) paragraph 4 of article 17.9 of the United States-
     Australia Free Trade Agreement; or
       (3) paragraph 4 of article 15.9 of the United States-
     Morocco Free Trade Agreement.
       Sec. 517.  None of the funds made available in this Act may 
     be used to authorize or issue a national security letter in 
     contravention of any of the following laws authorizing the 
     Federal Bureau of Investigation to issue national security 
     letters: The Right to Financial Privacy Act of 1978; The 
     Electronic Communications Privacy Act of 1986; The Fair 
     Credit Reporting Act; The National Security Act of 1947; USA 
     PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by 
     these Acts.
       Sec. 518.  If at any time during any quarter, the program 
     manager of a project within the jurisdiction of the 
     Departments of Commerce or Justice, the National Aeronautics 
     and Space Administration, or the National Science Foundation 
     totaling more than $75,000,000 has reasonable cause to 
     believe that the total program cost has increased by 10 
     percent or more, the program manager shall immediately inform 
     the respective Secretary, Administrator, or Director. The 
     Secretary, Administrator, or Director shall notify the House 
     and Senate Committees on Appropriations within 30 days in 
     writing of such increase, and shall include in such notice: 
     the date on which such determination was made; a statement of 
     the reasons for such increases; the action taken and proposed 
     to be taken to control future cost growth of the project; 
     changes made in the performance or schedule milestones and 
     the degree to which such changes have contributed to the 
     increase in total program costs or procurement costs; new 
     estimates of the total project or procurement costs; and a 
     statement validating that the project's management structure 
     is adequate to control total project or procurement costs.
       Sec. 519.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence or intelligence related activities are deemed to 
     be specifically authorized by the Congress for purposes of 
     section 504 of the National Security Act of 1947 (50 U.S.C. 
     3094) during fiscal year 2021 until the enactment of the 
     Intelligence Authorization Act for fiscal year 2021.
       Sec. 520.  None of the funds appropriated or otherwise made 
     available by this Act may be used to enter into a contract in 
     an amount greater than $5,000,000 or to award a grant in 
     excess of such amount unless the prospective contractor or 
     grantee certifies in writing to the agency awarding the 
     contract or grant that, to the best of its knowledge and 
     belief, the contractor or grantee has filed all Federal tax 
     returns required during the three years preceding the 
     certification, has not been convicted of a criminal offense 
     under the Internal Revenue Code of 1986, and has not, more 
     than 90 days prior to certification, been notified of any 
     unpaid Federal tax assessment for which the liability remains 
     unsatisfied, unless the assessment is the subject of an 
     installment agreement or offer

[[Page H7350]]

     in compromise that has been approved by the Internal Revenue 
     Service and is not in default, or the assessment is the 
     subject of a non-frivolous administrative or judicial 
     proceeding.

                             (rescissions)

       Sec. 521. (a) Of the unobligated balances from prior year 
     appropriations available to the Department of Commerce, the 
     following funds are hereby permanently rescinded, not later 
     than September 30, 2021, from the following accounts in the 
     specified amounts--
       (1) ``Economic Development Administration, Economic 
     Development Assistance Programs'', $10,000,000; and
       (2) ``National Oceanic and Atmospheric Administration, 
     Fisheries Enforcement Asset Forfeiture Fund'', $5,000,000.
       (b) Of the unobligated balances available to the Department 
     of Justice, the following funds are hereby permanently 
     rescinded, not later than September 30, 2021, from the 
     following accounts in the specified amounts--
       (1) ``Working Capital Fund'', $188,000,000;
       (2) ``Federal Bureau of Investigation, Salaries and 
     Expenses'', $80,000,000 including from, but not limited to, 
     fees collected to defray expenses for the automation of 
     fingerprint identification and criminal justice information 
     services and associated costs;
       (3) ``State and Local Law Enforcement Activities, Office of 
     Justice Programs'', $127,000,000; and
       (4) ``State and Local Law Enforcement Activities, Community 
     Oriented Policing Services'', $15,000,000.
       (c) The Departments of Commerce and Justice shall submit to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate a report no later than 
     September 1, 2021, specifying the amount of each rescission 
     made pursuant to subsections (a) and (b).
       (d) The amounts rescinded in subsections (a) and (b) shall 
     not be from amounts that were designated by the Congress as 
     an emergency or disaster relief requirement pursuant to the 
     concurrent resolution on the budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 522.  None of the funds made available in this Act may 
     be used to purchase first class or premium airline travel in 
     contravention of sections 301-10.122 through 301-10.124 of 
     title 41 of the Code of Federal Regulations.
       Sec. 523.  None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees from a Federal department or agency, who 
     are stationed in the United States, at any single conference 
     occurring outside the United States unless--
       (1) such conference is a law enforcement training or 
     operational conference for law enforcement personnel and the 
     majority of Federal employees in attendance are law 
     enforcement personnel stationed outside the United States; or
       (2) such conference is a scientific conference and the 
     department or agency head determines that such attendance is 
     in the national interest and notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within at least 15 days of that determination and the basis 
     for that determination.
       Sec. 524.  The Director of the Office of Management and 
     Budget shall instruct any department, agency, or 
     instrumentality of the United States receiving funds 
     appropriated under this Act to track undisbursed balances in 
     expired grant accounts and include in its annual performance 
     plan and performance and accountability reports the 
     following:
       (1) Details on future action the department, agency, or 
     instrumentality will take to resolve undisbursed balances in 
     expired grant accounts.
       (2) The method that the department, agency, or 
     instrumentality uses to track undisbursed balances in expired 
     grant accounts.
       (3) Identification of undisbursed balances in expired grant 
     accounts that may be returned to the Treasury of the United 
     States.
       (4) In the preceding 3 fiscal years, details on the total 
     number of expired grant accounts with undisbursed balances 
     (on the first day of each fiscal year) for the department, 
     agency, or instrumentality and the total finances that have 
     not been obligated to a specific project remaining in the 
     accounts.
       Sec. 525.  To the extent practicable, funds made available 
     in this Act should be used to purchase light bulbs that are 
     ``Energy Star'' qualified or have the ``Federal Energy 
     Management Program'' designation.
       Sec. 526. (a) None of the funds made available by this Act 
     may be used for the National Aeronautics and Space 
     Administration (NASA), the Office of Science and Technology 
     Policy (OSTP), or the National Space Council (NSC) to 
     develop, design, plan, promulgate, implement, or execute a 
     bilateral policy, program, order, or contract of any kind to 
     participate, collaborate, or coordinate bilaterally in any 
     way with China or any Chinese-owned company unless such 
     activities are specifically authorized by a law enacted after 
     the date of enactment of this Act.
       (b) None of the funds made available by this Act may be 
     used to effectuate the hosting of official Chinese visitors 
     at facilities belonging to or utilized by NASA.
       (c) The limitations described in subsections (a) and (b) 
     shall not apply to activities which NASA, OSTP, or NSC, after 
     consultation with the Federal Bureau of Investigation, have 
     certified--
       (1) pose no risk of resulting in the transfer of 
     technology, data, or other information with national security 
     or economic security implications to China or a Chinese-owned 
     company; and
       (2) will not involve knowing interactions with officials 
     who have been determined by the United States to have direct 
     involvement with violations of human rights.
       (d) Any certification made under subsection (c) shall be 
     submitted to the Committees on Appropriations of the House of 
     Representatives and the Senate, and the Federal Bureau of 
     Investigation, no later than 30 days prior to the activity in 
     question and shall include a description of the purpose of 
     the activity, its agenda, its major participants, and its 
     location and timing.
       Sec. 527. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, Tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, adjudication, or other law 
     enforcement- or victim assistance-related activity.
       Sec. 528.  The Departments of Commerce and Justice, the 
     National Aeronautics and Space Administration, the National 
     Science Foundation, the Commission on Civil Rights, the Equal 
     Employment Opportunity Commission, the International Trade 
     Commission, the Legal Services Corporation, the Marine Mammal 
     Commission, the Offices of Science and Technology Policy and 
     the United States Trade Representative, the National Space 
     Council, and the State Justice Institute shall submit 
     spending plans, signed by the respective department or agency 
     head, to the Committees on Appropriations of the House of 
     Representatives and the Senate not later than 45 days after 
     the date of enactment of this Act.
       Sec. 529.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or for performance that does not 
     meet the basic requirements of a contract.
       Sec. 530.  None of the funds made available by this Act may 
     be used in contravention of section 7606 (``Legitimacy of 
     Industrial Hemp Research'') of the Agricultural Act of 2014 
     (Public Law 113-79) by the Department of Justice or the Drug 
     Enforcement Administration.
       Sec. 531.  None of the funds made available under this Act 
     to the Department of Justice may be used, with respect to any 
     of the States of Alabama, Alaska, Arizona, Arkansas, 
     California, Colorado, Connecticut, Delaware, Florida, 
     Georgia, Hawaii, Illinois, Indiana, Iowa, Kentucky, 
     Louisiana, Maine, Maryland, Massachusetts, Michigan, 
     Minnesota, Mississippi, Missouri, Montana, Nevada, New 
     Hampshire, New Jersey, New Mexico, New York, North Carolina, 
     North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode 
     Island, South Carolina, South Dakota, Tennessee, Texas, Utah, 
     Vermont, Virginia, Washington, West Virginia, Wisconsin, and 
     Wyoming, or with respect to the District of Columbia, the 
     Commonwealth of the Northern Mariana Islands, the United 
     States Virgin Islands, Guam, or Puerto Rico, to prevent any 
     of them from implementing their own laws that authorize the 
     use, distribution, possession, or cultivation of medical 
     marijuana.
       Sec. 532.  The Department of Commerce, the National 
     Aeronautics and Space Administration, and the National 
     Science Foundation shall provide a quarterly report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on any official travel to China by any 
     employee of such Department or agency, including the purpose 
     of such travel.
       Sec. 533.  None of the funds provided in this Act shall be 
     available for obligation for the James Webb Space Telescope 
     (JWST) after December 31, 2021, if the individual identified 
     under subsection (c)(2)(E) of section 30104 of title 51, 
     United States Code, as responsible for JWST determines that 
     the formulation and development costs (with development cost 
     as defined under section 30104 of title 51, United States 
     Code) are likely to exceed $8,802,700,000, unless the program 
     is modified so that the costs do not exceed $8,802,700,000.
       Sec. 534.  Of the amounts made available by this Act, not 
     less than 10 percent of each total amount provided, 
     respectively, for Public Works grants authorized by the 
     Public Works and Economic Development Act of 1965 and grants 
     authorized by section 27 of the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated 
     for assistance in persistent poverty counties:  Provided, 
     That for purposes of this section, the term ``persistent 
     poverty counties'' means any county that has had 20 percent 
     or more of its population living in poverty over the past 30 
     years, as measured by the 1990 and 2000 decennial censuses 
     and the most recent Small Area Income and Poverty Estimates, 
     or any Territory or possession of the United States.
       Sec. 535.  None of the funds appropriated or otherwise made 
     available in this or any other Act may be used to transfer, 
     release, or assist in the transfer or release to or within 
     the United States, its territories, or possessions Khalid 
     Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 536. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     construct, acquire, or modify any facility in the United 
     States, its territories, or possessions to house any 
     individual described in subsection (c) for the purposes of 
     detention or imprisonment in the custody or under the 
     effective control of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--

[[Page H7351]]

       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 537. (a) Notwithstanding any other provision of law or 
     treaty, none of the funds appropriated or otherwise made 
     available under this Act or any other Act may be expended or 
     obligated by a department, agency, or instrumentality of the 
     United States to pay administrative expenses or to compensate 
     an officer or employee of the United States in connection 
     with requiring an export license for the export to Canada of 
     components, parts, accessories or attachments for firearms 
     listed in Category I, section 121.1 of title 22, Code of 
     Federal Regulations (International Trafficking in Arms 
     Regulations (ITAR), part 121, as it existed on April 1, 2005) 
     with a total value not exceeding $500 wholesale in any 
     transaction, provided that the conditions of subsection (b) 
     of this section are met by the exporting party for such 
     articles.
       (b) The foregoing exemption from obtaining an export 
     license--
       (1) does not exempt an exporter from filing any Shipper's 
     Export Declaration or notification letter required by law, or 
     from being otherwise eligible under the laws of the United 
     States to possess, ship, transport, or export the articles 
     enumerated in subsection (a); and
       (2) does not permit the export without a license of--
       (A) fully automatic firearms and components and parts for 
     such firearms, other than for end use by the Federal 
     Government, or a Provincial or Municipal Government of 
     Canada;
       (B) barrels, cylinders, receivers (frames) or complete 
     breech mechanisms for any firearm listed in Category I, other 
     than for end use by the Federal Government, or a Provincial 
     or Municipal Government of Canada; or
       (C) articles for export from Canada to another foreign 
     destination.
       (c) In accordance with this section, the District Directors 
     of Customs and postmasters shall permit the permanent or 
     temporary export without a license of any unclassified 
     articles specified in subsection (a) to Canada for end use in 
     Canada or return to the United States, or temporary import of 
     Canadian-origin items from Canada for end use in the United 
     States or return to Canada for a Canadian citizen.
       (d) The President may require export licenses under this 
     section on a temporary basis if the President determines, 
     upon publication first in the Federal Register, that the 
     Government of Canada has implemented or maintained inadequate 
     import controls for the articles specified in subsection (a), 
     such that a significant diversion of such articles has and 
     continues to take place for use in international terrorism or 
     in the escalation of a conflict in another nation. The 
     President shall terminate the requirements of a license when 
     reasons for the temporary requirements have ceased.
       Sec. 538.  Notwithstanding any other provision of law, no 
     department, agency, or instrumentality of the United States 
     receiving appropriated funds under this Act or any other Act 
     shall obligate or expend in any way such funds to pay 
     administrative expenses or the compensation of any officer or 
     employee of the United States to deny any application 
     submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified 
     pursuant to 27 CFR section 478.112 or .113, for a permit to 
     import United States origin ``curios or relics'' firearms, 
     parts, or ammunition.
       Sec. 539.  None of the funds made available by this Act may 
     be used to pay the salaries or expenses of personnel to deny, 
     or fail to act on, an application for the importation of any 
     model of shotgun if--
       (1) all other requirements of law with respect to the 
     proposed importation are met; and
       (2) no application for the importation of such model of 
     shotgun, in the same configuration, had been denied by the 
     Attorney General prior to January 1, 2011, on the basis that 
     the shotgun was not particularly suitable for or readily 
     adaptable to sporting purposes.
       Sec. 540.  None of the funds made available by this Act may 
     be obligated or expended to implement the Arms Trade Treaty 
     until the Senate approves a resolution of ratification for 
     the Treaty.
       Sec. 541.  For an additional amount for ``United States 
     Marshals Service, Federal Prisoner Detention'', $125,000,000, 
     to remain available until expended, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including for necessary expenses related to United States 
     prisoners in the custody of the United States Marshals 
     Service, to be used only as authorized by section 4013 of 
     title 18, United States Code:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 542.  For an additional amount for ``Federal Bureau of 
     Investigation, Salaries and Expenses'', $179,000,000, to 
     remain available until September 30, 2022, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally, including the impact of coronavirus on the 
     work of the Department of Justice, to make necessary 
     improvements to the National Instant Criminal Background 
     Check System, and to offset the loss resulting from the 
     coronavirus pandemic of fees collected pursuant to section 
     41104 of title 34, United States Code:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 543.  For an additional amount for ``Federal Prison 
     System, Salaries and Expenses'', $300,000,000, to remain 
     available until September 30, 2022, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the impact of coronavirus on the work of the 
     Department of Justice:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       This division may be cited as the ``Commerce, Justice, 
     Science, and Related Agencies Appropriations Act, 2021''.

       DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021

                                TITLE I

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Army on active 
     duty (except members of reserve components provided for 
     elsewhere), cadets, and aviation cadets; for members of the 
     Reserve Officers' Training Corps; and for payments pursuant 
     to section 156 of Public Law 97-377, as amended (42 U.S.C. 
     402 note), and to the Department of Defense Military 
     Retirement Fund, $44,861,853,000.

                        Military Personnel, Navy

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Navy on active 
     duty (except members of the Reserve provided for elsewhere), 
     midshipmen, and aviation cadets; for members of the Reserve 
     Officers' Training Corps; and for payments pursuant to 
     section 156 of Public Law 97-377, as amended (42 U.S.C. 402 
     note), and to the Department of Defense Military Retirement 
     Fund, $33,764,579,000.

                    Military Personnel, Marine Corps

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Marine Corps on 
     active duty (except members of the Reserve provided for 
     elsewhere); and for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund, 
     $14,557,436,000.

                     Military Personnel, Air Force

       For pay, allowances, individual clothing, subsistence, 
     interest on deposits, gratuities, permanent change of station 
     travel (including all expenses thereof for organizational 
     movements), and expenses of temporary duty travel between 
     permanent duty stations, for members of the Air Force on 
     active duty (except members of reserve components provided 
     for elsewhere), cadets, and aviation cadets; for members of 
     the Reserve Officers' Training Corps; and for payments 
     pursuant to section 156 of Public Law 97-377, as amended (42 
     U.S.C. 402 note), and to the Department of Defense Military 
     Retirement Fund, $32,784,171,000.

                        Reserve Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     Reserve on active duty under sections 10211, 10302, and 7038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     reserve training, or while performing drills or equivalent 
     duty or other duty, and expenses authorized by section 16131 
     of title 10, United States Code; and for payments to the 
     Department of Defense Military Retirement Fund, 
     $5,037,119,000.

                        Reserve Personnel, Navy

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Navy 
     Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $2,200,600,000.

                    Reserve Personnel, Marine Corps

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Marine 
     Corps Reserve on active duty under section 10211 of title 10, 
     United States Code, or while serving on active duty under 
     section 12301(d) of title 10, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing reserve 
     training, or while performing drills or equivalent duty, and 
     for members of the Marine Corps platoon leaders class, and 
     expenses authorized by section 16131 of title 10, United 
     States Code; and for payments to the Department of Defense 
     Military Retirement Fund, $843,564,000.

                      Reserve Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air Force 
     Reserve on active duty under sections 10211, 10305, and 8038 
     of title 10, United States Code, or while serving on active 
     duty under section 12301(d) of title 10, United

[[Page H7352]]

     States Code, in connection with performing duty specified in 
     section 12310(a) of title 10, United States Code, or while 
     undergoing reserve training, or while performing drills or 
     equivalent duty or other duty, and expenses authorized by 
     section 16131 of title 10, United States Code; and for 
     payments to the Department of Defense Military Retirement 
     Fund, $2,193,493,000.

                     National Guard Personnel, Army

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Army 
     National Guard while on duty under sections 10211, 10302, or 
     12402 of title 10 or section 708 of title 32, United States 
     Code, or while serving on duty under section 12301(d) of 
     title 10 or section 502(f) of title 32, United States Code, 
     in connection with performing duty specified in section 
     12310(a) of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $8,663,999,000.

                  National Guard Personnel, Air Force

       For pay, allowances, clothing, subsistence, gratuities, 
     travel, and related expenses for personnel of the Air 
     National Guard on duty under sections 10211, 10305, or 12402 
     of title 10 or section 708 of title 32, United States Code, 
     or while serving on duty under section 12301(d) of title 10 
     or section 502(f) of title 32, United States Code, in 
     connection with performing duty specified in section 12310(a) 
     of title 10, United States Code, or while undergoing 
     training, or while performing drills or equivalent duty or 
     other duty, and expenses authorized by section 16131 of title 
     10, United States Code; and for payments to the Department of 
     Defense Military Retirement Fund, $4,530,091,000.

                                TITLE II

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Army, as authorized by law, 
     $38,418,982,000:  Provided, That not to exceed $12,478,000 
     may be used for emergencies and extraordinary expenses, to be 
     expended upon the approval or authority of the Secretary of 
     the Army, and payments may be made upon his certificate of 
     necessity for confidential military purposes.

                    Operation and Maintenance, Navy

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Navy and the Marine Corps, 
     as authorized by law, $47,632,527,000:  Provided, That not to 
     exceed $15,055,000 may be used for emergencies and 
     extraordinary expenses, to be expended upon the approval or 
     authority of the Secretary of the Navy, and payments may be 
     made upon his certificate of necessity for confidential 
     military purposes.

                Operation and Maintenance, Marine Corps

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Marine Corps, as authorized 
     by law, $7,286,184,000.

                  Operation and Maintenance, Air Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Air Force, as authorized by 
     law, $33,528,409,000:  Provided, That not to exceed 
     $7,699,000 may be used for emergencies and extraordinary 
     expenses, to be expended upon the approval or authority of 
     the Secretary of the Air Force, and payments may be made upon 
     his certificate of necessity for confidential military 
     purposes.

                 Operation and Maintenance, Space Force

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of the Space Force, as authorized 
     by law, $2,492,114,000.

                Operation and Maintenance, Defense-Wide

                     (including transfer of funds)

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of activities and agencies of the 
     Department of Defense (other than the military departments), 
     as authorized by law, $39,048,990,000:  Provided, That not 
     more than $3,000,000 may be used for the Combatant Commander 
     Initiative Fund authorized under section 166a of title 10, 
     United States Code:  Provided further, That not to exceed 
     $36,000,000 may be used for emergencies and extraordinary 
     expenses, to be expended upon the approval or authority of 
     the Secretary of Defense, and payments may be made upon his 
     certificate of necessity for confidential military purposes:  
     Provided further, That of the funds provided under this 
     heading, not less than $48,000,000 shall be made available 
     for the Procurement Technical Assistance Cooperative 
     Agreement Program, of which not less than $4,500,000 shall be 
     available for centers defined in 10 U.S.C. 2411(1)(D):  
     Provided further, That none of the funds appropriated or 
     otherwise made available by this Act may be used to plan or 
     implement the consolidation of a budget or appropriations 
     liaison office of the Office of the Secretary of Defense, the 
     office of the Secretary of a military department, or the 
     service headquarters of one of the Armed Forces into a 
     legislative affairs or legislative liaison office:  Provided 
     further, That $18,000,000, to remain available until 
     expended, is available only for expenses relating to certain 
     classified activities, and may be transferred as necessary by 
     the Secretary of Defense to operation and maintenance 
     appropriations or research, development, test and evaluation 
     appropriations, to be merged with and to be available for the 
     same time period as the appropriations to which transferred:  
     Provided further, That any ceiling on the investment item 
     unit cost of items that may be purchased with operation and 
     maintenance funds shall not apply to the funds described in 
     the preceding proviso:  Provided further, That of the funds 
     provided under this heading, $656,140,000, of which 
     $434,630,000, to remain available until September 30, 2022, 
     shall be available for International Security Cooperation 
     Programs and other programs to provide support and assistance 
     to foreign security forces or other groups or individuals to 
     conduct, support or facilitate counterterrorism, crisis 
     response, or building partner capacity programs:  Provided 
     further, That the Secretary of Defense shall, not less than 
     15 days prior to obligating funds made available in this 
     section for International Security Cooperation Programs, 
     notify the congressional defense committees in writing of the 
     details of any such obligation:  Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the use and status of funds made available 
     in this paragraph:  Provided further, That the transfer 
     authority provided under this heading is in addition to any 
     other transfer authority provided elsewhere in this Act.

                Operation and Maintenance, Army Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Army Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $2,887,898,000.

                Operation and Maintenance, Navy Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Navy Reserve; repair of facilities 
     and equipment; hire of passenger motor vehicles; travel and 
     transportation; care of the dead; recruiting; procurement of 
     services, supplies, and equipment; and communications, 
     $1,115,150,000.

            Operation and Maintenance, Marine Corps Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Marine Corps Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $283,494,000.

              Operation and Maintenance, Air Force Reserve

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance, including training, organization, 
     and administration, of the Air Force Reserve; repair of 
     facilities and equipment; hire of passenger motor vehicles; 
     travel and transportation; care of the dead; recruiting; 
     procurement of services, supplies, and equipment; and 
     communications, $3,268,461,000.

             Operation and Maintenance, Army National Guard

       For expenses of training, organizing, and administering the 
     Army National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; hire of 
     passenger motor vehicles; personnel services in the National 
     Guard Bureau; travel expenses (other than mileage), as 
     authorized by law for Army personnel on active duty, for Army 
     National Guard division, regimental, and battalion commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau; supplying and equipping the Army 
     National Guard as authorized by law; and expenses of repair, 
     modification, maintenance, and issue of supplies and 
     equipment (including aircraft), $7,350,837,000.

             Operation and Maintenance, Air National Guard

       For expenses of training, organizing, and administering the 
     Air National Guard, including medical and hospital treatment 
     and related expenses in non-Federal hospitals; maintenance, 
     operation, and repairs to structures and facilities; 
     transportation of things, hire of passenger motor vehicles; 
     supplying and equipping the Air National Guard, as authorized 
     by law; expenses for repair, modification, maintenance, and 
     issue of supplies and equipment, including those furnished 
     from stocks under the control of agencies of the Department 
     of Defense; travel expenses (other than mileage) on the same 
     basis as authorized by law for Air National Guard personnel 
     on active Federal duty, for Air National Guard commanders 
     while inspecting units in compliance with National Guard 
     Bureau regulations when specifically authorized by the Chief, 
     National Guard Bureau, $6,785,853,000.

          United States Court of Appeals for the Armed Forces

       For salaries and expenses necessary for the United States 
     Court of Appeals for the Armed Forces, $15,211,000, of which 
     not to exceed $5,000 may be used for official representation 
     purposes.

                    Environmental Restoration, Army

                     (including transfer of funds)

       For the Department of the Army, $264,285,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from

[[Page H7353]]

     this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                    Environmental Restoration, Navy

                     (including transfer of funds)

       For the Department of the Navy, $421,250,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

       For the Department of the Air Force, $509,250,000, to 
     remain available until transferred:  Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the funds made available by this 
     appropriation to other appropriations made available to the 
     Department of the Air Force, to be merged with and to be 
     available for the same purposes and for the same time period 
     as the appropriations to which transferred:  Provided 
     further, That upon a determination that all or part of the 
     funds transferred from this appropriation are not necessary 
     for the purposes provided herein, such amounts may be 
     transferred back to this appropriation:  Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any other transfer authority provided elsewhere 
     in this Act.

                Environmental Restoration, Defense-Wide

                     (including transfer of funds)

       For the Department of Defense, $19,952,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

       For the Department of the Army, $288,750,000, to remain 
     available until transferred:  Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided elsewhere in this Act.

             Overseas Humanitarian, Disaster, and Civic Aid

       For expenses relating to the Overseas Humanitarian, 
     Disaster, and Civic Aid programs of the Department of Defense 
     (consisting of the programs provided under sections 401, 402, 
     404, 407, 2557, and 2561 of title 10, United States Code), 
     $147,500,000, to remain available until September 30, 2022:  
     Provided, That such amounts shall not be subject to the 
     limitation in section 407(c)(3) of title 10, United States 
     Code.

                  Cooperative Threat Reduction Account

       For assistance, including assistance provided by contract 
     or by grants, under programs and activities of the Department 
     of Defense Cooperative Threat Reduction Program authorized 
     under the Department of Defense Cooperative Threat Reduction 
     Act, $360,190,000, to remain available until September 30, 
     2023.

    Department of Defense Acquisition Workforce Development Account

       For the Department of Defense Acquisition Workforce 
     Development Account, $88,181,000, to remain available for 
     obligation until September 30, 2021:  Provided, That no other 
     amounts may be otherwise credited or transferred to the 
     Account, or deposited into the Account, in fiscal year 2021 
     pursuant to section 1705(d) of title 10, United States Code.

                               TITLE III

                              PROCUREMENT

                       Aircraft Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $3,457,342,000, to remain available for obligation until 
     September 30, 2023.

                       Missile Procurement, Army

       For construction, procurement, production, modification, 
     and modernization of missiles, equipment, including ordnance, 
     ground handling equipment, spare parts, and accessories 
     therefor; specialized equipment and training devices; 
     expansion of public and private plants, including the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $3,220,541,000, to remain available for obligation until 
     September 30, 2023.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For construction, procurement, production, and modification 
     of weapons and tracked combat vehicles, equipment, including 
     ordnance, spare parts, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including the land necessary therefor, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway; and other expenses necessary for the 
     foregoing purposes, $3,611,887,000, to remain available for 
     obligation until September 30, 2023.

                    Procurement of Ammunition, Army

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $2,790,140,000, to remain available for obligation until 
     September 30, 2023.

                        Other Procurement, Army

       For construction, procurement, production, and modification 
     of vehicles, including tactical, support, and non-tracked 
     combat vehicles; the purchase of passenger motor vehicles for 
     replacement only; communications and electronic equipment; 
     other support equipment; spare parts, ordnance, and 
     accessories therefor; specialized equipment and training 
     devices; expansion of public and private plants, including 
     the land necessary therefor, for the foregoing purposes, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $8,603,112,000, to remain available for obligation until 
     September 30, 2023.

                       Aircraft Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of aircraft, equipment, including ordnance, 
     spare parts, and accessories therefor; specialized equipment; 
     expansion of public and private plants, including the land 
     necessary therefor, and such lands and interests therein, may 
     be acquired, and construction prosecuted thereon prior to 
     approval of title; and procurement and installation of 
     equipment, appliances, and machine tools in public and 
     private plants; reserve plant and Government and contractor-
     owned equipment layaway, $19,480,280,000, to remain available 
     for obligation until September 30, 2023.

                       Weapons Procurement, Navy

       For construction, procurement, production, modification, 
     and modernization of missiles, torpedoes, other weapons, and 
     related support equipment including spare parts, and 
     accessories therefor; expansion of public and private plants, 
     including the land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title; and 
     procurement and installation of equipment, appliances, and 
     machine tools in public and private plants; reserve

[[Page H7354]]

     plant and Government and contractor-owned equipment layaway, 
     $4,477,773,000, to remain available for obligation until 
     September 30, 2023.

            Procurement of Ammunition, Navy and Marine Corps

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $792,023,000, to remain available for obligation until 
     September 30, 2023.

                   Shipbuilding and Conversion, Navy

       For expenses necessary for the construction, acquisition, 
     or conversion of vessels as authorized by law, including 
     armor and armament thereof, plant equipment, appliances, and 
     machine tools and installation thereof in public and private 
     plants; reserve plant and Government and contractor-owned 
     equipment layaway; procurement of critical, long lead time 
     components and designs for vessels to be constructed or 
     converted in the future; and expansion of public and private 
     plants, including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, as follows:
       Columbia Class Submarine, $2,869,024,000;
       Columbia Class Submarine (AP), $1,253,175,000;
       Carrier Replacement Program (CVN-80), $958,933,000;
       Carrier Replacement Program (CVN-81), $1,606,432,000;
       Virginia Class Submarine, $4,603,213,000;
       Virginia Class Submarine (AP), $2,173,187,000;
       CVN Refueling Overhauls, $1,531,153,000;
       CVN Refueling Overhauls (AP), $17,384,000;
       DDG-1000 Program, $78,205,000;
       DDG-51 Destroyer, $3,219,843,000;
       DDG-51 Destroyer (AP), $159,297,000;
       FFG-Frigate, $1,053,123,000;
       LPD Flight II, $1,125,801,000;
       LPD 32 (AP), $1,000,000;
       LPD 33 (AP), $1,000,000;
       Expeditionary Sea Base (AP), $73,000,000;
       LHA Replacement, $500,000,000;
       Expeditionary Fast Transport, $260,000,000;
       TAO Fleet Oiler, $20,000,000;
       Towing, Salvage, and Rescue Ship, $157,790,000;
       LCU 1700, $87,395,000;
       Service Craft, $244,147,000;
       LCAC SLEP, $56,461,000;
       Auxiliary Vessels, $60,000,000;
       For outfitting, post delivery, conversions, and first 
     destination transportation, $752,005,000; and
       Completion of Prior Year Shipbuilding Programs, 
     $407,312,000.
       In all: $23,268,880,000, to remain available for obligation 
     until September 30, 2025:  Provided, That additional 
     obligations may be incurred after September 30, 2025, for 
     engineering services, tests, evaluations, and other such 
     budgeted work that must be performed in the final stage of 
     ship construction:  Provided further, That none of the funds 
     provided under this heading for the construction or 
     conversion of any naval vessel to be constructed in shipyards 
     in the United States shall be expended in foreign facilities 
     for the construction of major components of such vessel:  
     Provided further, That none of the funds provided under this 
     heading shall be used for the construction of any naval 
     vessel in foreign shipyards:  Provided further, That funds 
     appropriated or otherwise made available by this Act for 
     Columbia Class Submarine (AP) may be available for the 
     purposes authorized by subsections (f), (g), (h) or (i) of 
     section 2218a of title 10, United States Code, only in 
     accordance with the provisions of the applicable subsection.

                        Other Procurement, Navy

       For procurement, production, and modernization of support 
     equipment and materials not otherwise provided for, Navy 
     ordnance (except ordnance for new aircraft, new ships, and 
     ships authorized for conversion); the purchase of passenger 
     motor vehicles for replacement only; expansion of public and 
     private plants, including the land necessary therefor, and 
     such lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway, 
     $10,512,209,000, to remain available for obligation until 
     September 30, 2023:  Provided, That such funds are also 
     available for the maintenance, repair, and modernization of 
     Pacific Fleet ships under a pilot program established for 
     such purposes.

                       Procurement, Marine Corps

       For expenses necessary for the procurement, manufacture, 
     and modification of missiles, armament, military equipment, 
     spare parts, and accessories therefor; plant equipment, 
     appliances, and machine tools, and installation thereof in 
     public and private plants; reserve plant and Government and 
     contractor-owned equipment layaway; vehicles for the Marine 
     Corps, including the purchase of passenger motor vehicles for 
     replacement only; and expansion of public and private plants, 
     including land necessary therefor, and such lands and 
     interests therein, may be acquired, and construction 
     prosecuted thereon prior to approval of title, 
     $2,648,375,000, to remain available for obligation until 
     September 30, 2023.

                    Aircraft Procurement, Air Force

       For construction, procurement, and modification of aircraft 
     and equipment, including armor and armament, specialized 
     ground handling equipment, and training devices, spare parts, 
     and accessories therefor; specialized equipment; expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway; and other expenses necessary for the foregoing 
     purposes including rents and transportation of things, 
     $19,212,753,000, to remain available for obligation until 
     September 30, 2023.

                     Missile Procurement, Air Force

       For construction, procurement, and modification of 
     missiles, rockets, and related equipment, including spare 
     parts and accessories therefor; ground handling equipment, 
     and training devices; expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; and other expenses 
     necessary for the foregoing purposes including rents and 
     transportation of things, $2,142,181,000, to remain available 
     for obligation until September 30, 2023.

                  Procurement of Ammunition, Air Force

       For construction, procurement, production, and modification 
     of ammunition, and accessories therefor; specialized 
     equipment and training devices; expansion of public and 
     private plants, including ammunition facilities, authorized 
     by section 2854 of title 10, United States Code, and the land 
     necessary therefor, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon prior to approval of title; 
     and procurement and installation of equipment, appliances, 
     and machine tools in public and private plants; reserve plant 
     and Government and contractor-owned equipment layaway; and 
     other expenses necessary for the foregoing purposes, 
     $550,844,000, to remain available for obligation until 
     September 30, 2023.

                      Other Procurement, Air Force

       For procurement and modification of equipment (including 
     ground guidance and electronic control equipment, and ground 
     electronic and communication equipment), and supplies, 
     materials, and spare parts therefor, not otherwise provided 
     for; the purchase of passenger motor vehicles for replacement 
     only; lease of passenger motor vehicles; and expansion of 
     public and private plants, Government-owned equipment and 
     installation thereof in such plants, erection of structures, 
     and acquisition of land, for the foregoing purposes, and such 
     lands and interests therein, may be acquired, and 
     construction prosecuted thereon, prior to approval of title; 
     reserve plant and Government and contractor-owned equipment 
     layaway, $23,441,648,000, to remain available for obligation 
     until September 30, 2023.

                        Procurement, Space Force

       For construction, procurement, and modification of 
     spacecraft, rockets, and related equipment, including spare 
     parts and accessories therefor; ground handling equipment, 
     and training devices; expansion of public and private plants, 
     Government-owned equipment and installation thereof in such 
     plants, erection of structures, and acquisition of land, for 
     the foregoing purposes, and such lands and interests therein, 
     may be acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway; and other expenses 
     necessary for the foregoing purposes including rents and 
     transportation of things, $2,310,994,000, to remain available 
     for obligation until September 30, 2023.

                       Procurement, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments) necessary 
     for procurement, production, and modification of equipment, 
     supplies, materials, and spare parts therefor, not otherwise 
     provided for; the purchase of passenger motor vehicles for 
     replacement only; expansion of public and private plants, 
     equipment, and installation thereof in such plants, erection 
     of structures, and acquisition of land for the foregoing 
     purposes, and such lands and interests therein, may be 
     acquired, and construction prosecuted thereon prior to 
     approval of title; reserve plant and Government and 
     contractor-owned equipment layaway, $5,837,347,000, to remain 
     available for obligation until September 30, 2023.

                    Defense Production Act Purchases

       For activities by the Department of Defense pursuant to 
     sections 108, 301, 302, and 303 of the Defense Production Act 
     of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $174,639,000, 
     to remain available until expended:  Provided, That no less 
     than $60,000,000 of the funds provided under this heading 
     shall be obligated and expended by the Secretary of Defense 
     in behalf of the Department of Defense as if delegated the 
     necessary authorities conferred by the Defense Production Act 
     of 1950.

[[Page H7355]]

  


                                TITLE IV

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $13,969,032,000, to remain 
     available for obligation until September 30, 2022.

            Research, Development, Test and Evaluation, Navy

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $20,078,829,000, to remain 
     available for obligation until September 30, 2022:  Provided, 
     That funds appropriated in this paragraph which are available 
     for the V-22 may be used to meet unique operational 
     requirements of the Special Operations Forces.

         Research, Development, Test and Evaluation, Air Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $36,357,443,000, to remain 
     available for obligation until September 30, 2022.

        Research, Development, Test and Evaluation, Space Force

       For expenses necessary for basic and applied scientific 
     research, development, test and evaluation, including 
     maintenance, rehabilitation, lease, and operation of 
     facilities and equipment, $10,540,069,000, to remain 
     available until September 30, 2022.

        Research, Development, Test and Evaluation, Defense-Wide

       For expenses of activities and agencies of the Department 
     of Defense (other than the military departments), necessary 
     for basic and applied scientific research, development, test 
     and evaluation; advanced research projects as may be 
     designated and determined by the Secretary of Defense, 
     pursuant to law; maintenance, rehabilitation, lease, and 
     operation of facilities and equipment, $25,932,671,000, to 
     remain available for obligation until September 30, 2022.

                Operational Test and Evaluation, Defense

       For expenses, not otherwise provided for, necessary for the 
     independent activities of the Director, Operational Test and 
     Evaluation, in the direction and supervision of operational 
     test and evaluation, including initial operational test and 
     evaluation which is conducted prior to, and in support of, 
     production decisions; joint operational testing and 
     evaluation; and administrative expenses in connection 
     therewith, $257,120,000, to remain available for obligation 
     until September 30, 2022.

                                TITLE V

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For the Defense Working Capital Funds, $1,473,910,000.

                                TITLE VI

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense as 
     authorized by law, $33,684,607,000; of which $30,747,659,000 
     shall be for operation and maintenance, of which not to 
     exceed one percent shall remain available for obligation 
     until September 30, 2022, and of which up to $16,008,365,000 
     may be available for contracts entered into under the TRICARE 
     program; of which $544,369,000, to remain available for 
     obligation until September 30, 2023, shall be for 
     procurement; and of which $2,392,579,000, to remain available 
     for obligation until September 30, 2022, shall be for 
     research, development, test and evaluation:  Provided, That, 
     notwithstanding any other provision of law, of the amount 
     made available under this heading for research, development, 
     test and evaluation, not less than $8,000,000 shall be 
     available for HIV prevention educational activities 
     undertaken in connection with United States military 
     training, exercises, and humanitarian assistance activities 
     conducted primarily in African nations:  Provided further, 
     That of the funds provided under this heading for research, 
     development, test and evaluation, not less than 
     $1,489,000,000 shall be made available to the United States 
     Army Medical Research and Development Command to carry out 
     the congressionally directed medical research programs:  
     Provided further, That the Secretary of Defense shall submit 
     to the congressional defense committees quarterly reports on 
     the current status of the deployment of the electronic health 
     record:  Provided further, That the Secretary of Defense 
     shall provide notice to the congressional defense committees 
     not later than 10 business days after delaying the proposed 
     timeline of such deployment if such delay is longer than 1 
     week:  Provided further, That the Comptroller General of the 
     United States shall perform quarterly performance reviews of 
     such deployment.

           Chemical Agents and Munitions Destruction, Defense

       For expenses, not otherwise provided for, necessary for the 
     destruction of the United States stockpile of lethal chemical 
     agents and munitions in accordance with the provisions of 
     section 1412 of the Department of Defense Authorization Act, 
     1986 (50 U.S.C. 1521), and for the destruction of other 
     chemical warfare materials that are not in the chemical 
     weapon stockpile, $1,049,800,000, of which $106,691,000 shall 
     be for operation and maintenance, of which no less than 
     $51,009,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program, consisting of $22,235,000 for 
     activities on military installations and $28,774,000, to 
     remain available until September 30, 2022, to assist State 
     and local governments; $616,000 shall be for procurement, to 
     remain available until September 30, 2023, of which not less 
     than $616,000 shall be for the Chemical Stockpile Emergency 
     Preparedness Program to assist State and local governments; 
     and $942,493,000, to remain available until September 30, 
     2022, shall be for research, development, test and 
     evaluation, of which $935,999,000 shall only be for the 
     Assembled Chemical Weapons Alternatives program.

         Drug Interdiction and Counter-drug Activities, Defense

                     (including transfer of funds)

       For drug interdiction and counter-drug activities of the 
     Department of Defense, for transfer to appropriations 
     available to the Department of Defense for military personnel 
     of the reserve components serving under the provisions of 
     title 10 and title 32, United States Code; for operation and 
     maintenance; for procurement; and for research, development, 
     test and evaluation, $914,429,000, of which $567,003,000 
     shall be for counter-narcotics support; $127,704,000 shall be 
     for the drug demand reduction program; $194,211,000 shall be 
     for the National Guard counter-drug program; and $25,511,000 
     shall be for the National Guard counter-drug schools program: 
      Provided, That the funds appropriated under this heading 
     shall be available for obligation for the same time period 
     and for the same purpose as the appropriation to which 
     transferred:  Provided further, That upon a determination 
     that all or part of the funds transferred from this 
     appropriation are not necessary for the purposes provided 
     herein, such amounts may be transferred back to this 
     appropriation:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority contained elsewhere in this Act.

                    Office of the Inspector General

       For expenses and activities of the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $375,439,000, of which 
     $373,483,000 shall be for operation and maintenance, of which 
     not to exceed $700,000 is available for emergencies and 
     extraordinary expenses to be expended upon the approval or 
     authority of the Inspector General, and payments may be made 
     upon the Inspector General's certificate of necessity for 
     confidential military purposes; of which $858,000, to remain 
     available for obligation until September 30, 2023, shall be 
     for procurement; and of which $1,098,000, to remain available 
     until September 30, 2022, shall be for research, development, 
     test and evaluation.

                               TITLE VII

                            RELATED AGENCIES

   Central Intelligence Agency Retirement and Disability System Fund

       For payment to the Central Intelligence Agency Retirement 
     and Disability System Fund, to maintain the proper funding 
     level for continuing the operation of the Central 
     Intelligence Agency Retirement and Disability System, 
     $514,000,000.

               Intelligence Community Management Account

       For necessary expenses of the Intelligence Community 
     Management Account, $633,719,000.

                               TITLE VIII

                           GENERAL PROVISIONS

       Sec. 8001.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 8002.  During the current fiscal year, provisions of 
     law prohibiting the payment of compensation to, or employment 
     of, any person not a citizen of the United States shall not 
     apply to personnel of the Department of Defense:  Provided, 
     That salary increases granted to direct and indirect hire 
     foreign national employees of the Department of Defense 
     funded by this Act shall not be at a rate in excess of the 
     percentage increase authorized by law for civilian employees 
     of the Department of Defense whose pay is computed under the 
     provisions of section 5332 of title 5, United States Code, or 
     at a rate in excess of the percentage increase provided by 
     the appropriate host nation to its own employees, whichever 
     is higher:  Provided further, That this section shall not 
     apply to Department of Defense foreign service national 
     employees serving at United States diplomatic missions whose 
     pay is set by the Department of State under the Foreign 
     Service Act of 1980:  Provided further, That the limitations 
     of this provision shall not apply to foreign national 
     employees of the Department of Defense in the Republic of 
     Turkey.
       Sec. 8003.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, unless expressly so provided herein.
       Sec. 8004.  No more than 20 percent of the appropriations 
     in this Act which are limited for obligation during the 
     current fiscal year shall be obligated during the last 2 
     months of the fiscal year:  Provided, That this section shall 
     not apply to obligations for support of active duty training 
     of reserve components or summer camp training of the Reserve 
     Officers' Training Corps.

                          (transfer of funds)

       Sec. 8005.  Upon determination by the Secretary of Defense 
     that such action is necessary in the national interest, the 
     Secretary may, with the approval of the Office of Management 
     and Budget, transfer not to exceed $4,000,000,000 of working 
     capital funds of the Department of Defense or funds made 
     available in this Act to the

[[Page H7356]]

     Department of Defense for military functions (except military 
     construction) between such appropriations or funds or any 
     subdivision thereof, to be merged with and to be available 
     for the same purposes, and for the same time period, as the 
     appropriation or fund to which transferred:  Provided, That 
     such authority to transfer may not be used unless for higher 
     priority items, based on unforeseen military requirements, 
     than those for which originally appropriated and in no case 
     where the item for which funds are requested has been denied 
     by the Congress:  Provided further, That the Secretary of 
     Defense shall notify the Congress promptly of all transfers 
     made pursuant to this authority or any other authority in 
     this Act:  Provided further, That no part of the funds in 
     this Act shall be available to prepare or present a request 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate for reprogramming of funds, 
     unless for higher priority items, based on unforeseen 
     military requirements, than those for which originally 
     appropriated and in no case where the item for which 
     reprogramming is requested has been denied by the Congress:  
     Provided further, That a request for multiple reprogrammings 
     of funds using authority provided in this section shall be 
     made prior to June 30, 2021:  Provided further, That 
     transfers among military personnel appropriations shall not 
     be taken into account for purposes of the limitation on the 
     amount of funds that may be transferred under this section.
       Sec. 8006. (a) With regard to the list of specific 
     programs, projects, and activities (and the dollar amounts 
     and adjustments to budget activities corresponding to such 
     programs, projects, and activities) contained in the tables 
     titled Explanation of Project Level Adjustments in the 
     explanatory statement regarding this Act and the tables 
     contained in the classified annex accompanying this Act, the 
     obligation and expenditure of amounts appropriated or 
     otherwise made available in this Act for those programs, 
     projects, and activities for which the amounts appropriated 
     exceed the amounts requested are hereby required by law to be 
     carried out in the manner provided by such tables to the same 
     extent as if the tables were included in the text of this 
     Act.
       (b) Amounts specified in the referenced tables described in 
     subsection (a) shall not be treated as subdivisions of 
     appropriations for purposes of section 8005 of this Act:  
     Provided, That section 8005 shall apply when transfers of the 
     amounts described in subsection (a) occur between 
     appropriation accounts.
       Sec. 8007. (a) Not later than 60 days after enactment of 
     this Act, the Department of Defense shall submit a report to 
     the congressional defense committees to establish the 
     baseline for application of reprogramming and transfer 
     authorities for fiscal year 2021:  Provided, That the report 
     shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation both 
     by budget activity and program, project, and activity as 
     detailed in the Budget Appendix; and
       (3) an identification of items of special congressional 
     interest.
       (b) Notwithstanding section 8005 of this Act, none of the 
     funds provided in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional defense 
     committees, unless the Secretary of Defense certifies in 
     writing to the congressional defense committees that such 
     reprogramming or transfer is necessary as an emergency 
     requirement:  Provided, That this subsection shall not apply 
     to transfers from the following appropriations accounts:
       (1) ``Environmental Restoration, Army'';
       (2) ``Environmental Restoration, Navy'';
       (3) ``Environmental Restoration, Air Force'';
       (4) ``Environmental Restoration, Defense-Wide'';
       (5) ``Environmental Restoration, Formerly Used Defense 
     Sites''; and
       (6) ``Drug Interdiction and Counter-drug Activities, 
     Defense''.

                          (transfer of funds)

       Sec. 8008.  During the current fiscal year, cash balances 
     in working capital funds of the Department of Defense 
     established pursuant to section 2208 of title 10, United 
     States Code, may be maintained in only such amounts as are 
     necessary at any time for cash disbursements to be made from 
     such funds:  Provided, That transfers may be made between 
     such funds:  Provided further, That transfers may be made 
     between working capital funds and the ``Foreign Currency 
     Fluctuations, Defense'' appropriation and the ``Operation and 
     Maintenance'' appropriation accounts in such amounts as may 
     be determined by the Secretary of Defense, with the approval 
     of the Office of Management and Budget, except that such 
     transfers may not be made unless the Secretary of Defense has 
     notified the Congress of the proposed transfer:  Provided 
     further, That except in amounts equal to the amounts 
     appropriated to working capital funds in this Act, no 
     obligations may be made against a working capital fund to 
     procure or increase the value of war reserve material 
     inventory, unless the Secretary of Defense has notified the 
     Congress prior to any such obligation.
       Sec. 8009.  Funds appropriated by this Act may not be used 
     to initiate a special access program without prior 
     notification 30 calendar days in advance to the congressional 
     defense committees.
       Sec. 8010.  None of the funds provided in this Act shall be 
     available to initiate: (1) a multiyear contract that employs 
     economic order quantity procurement in excess of $20,000,000 
     in any one year of the contract or that includes an unfunded 
     contingent liability in excess of $20,000,000; or (2) a 
     contract for advance procurement leading to a multiyear 
     contract that employs economic order quantity procurement in 
     excess of $20,000,000 in any one year, unless the 
     congressional defense committees have been notified at least 
     30 days in advance of the proposed contract award:  Provided, 
     That no part of any appropriation contained in this Act shall 
     be available to initiate a multiyear contract for which the 
     economic order quantity advance procurement is not funded at 
     least to the limits of the Government's liability:  Provided 
     further, That no part of any appropriation contained in this 
     Act shall be available to initiate multiyear procurement 
     contracts for any systems or component thereof if the value 
     of the multiyear contract would exceed $500,000,000 unless 
     specifically provided in this Act:  Provided further, That no 
     multiyear procurement contract can be terminated without 30-
     day prior notification to the congressional defense 
     committees:  Provided further, That the execution of 
     multiyear authority shall require the use of a present value 
     analysis to determine lowest cost compared to an annual 
     procurement:  Provided further, That none of the funds 
     provided in this Act may be used for a multiyear contract 
     executed after the date of the enactment of this Act unless 
     in the case of any such contract--
       (1) the Secretary of Defense has submitted to Congress a 
     budget request for full funding of units to be procured 
     through the contract and, in the case of a contract for 
     procurement of aircraft, that includes, for any aircraft unit 
     to be procured through the contract for which procurement 
     funds are requested in that budget request for production 
     beyond advance procurement activities in the fiscal year 
     covered by the budget, full funding of procurement of such 
     unit in that fiscal year;
       (2) cancellation provisions in the contract do not include 
     consideration of recurring manufacturing costs of the 
     contractor associated with the production of unfunded units 
     to be delivered under the contract;
       (3) the contract provides that payments to the contractor 
     under the contract shall not be made in advance of incurred 
     costs on funded units; and
       (4) the contract does not provide for a price adjustment 
     based on a failure to award a follow-on contract.
       Sec. 8011.  Within the funds appropriated for the operation 
     and maintenance of the Armed Forces, funds are hereby 
     appropriated pursuant to section 401 of title 10, United 
     States Code, for humanitarian and civic assistance costs 
     under chapter 20 of title 10, United States Code. Such funds 
     may also be obligated for humanitarian and civic assistance 
     costs incidental to authorized operations and pursuant to 
     authority granted in section 401 of title 10, United States 
     Code, and these obligations shall be reported as required by 
     section 401(d) of title 10, United States Code:  Provided, 
     That funds available for operation and maintenance shall be 
     available for providing humanitarian and similar assistance 
     by using Civic Action Teams in the Trust Territories of the 
     Pacific Islands and freely associated states of Micronesia, 
     pursuant to the Compact of Free Association as authorized by 
     Public Law 99-239:  Provided further, That upon a 
     determination by the Secretary of the Army that such action 
     is beneficial for graduate medical education programs 
     conducted at Army medical facilities located in Hawaii, the 
     Secretary of the Army may authorize the provision of medical 
     services at such facilities and transportation to such 
     facilities, on a nonreimbursable basis, for civilian patients 
     from American Samoa, the Commonwealth of the Northern Mariana 
     Islands, the Marshall Islands, the Federated States of 
     Micronesia, Palau, and Guam.
       Sec. 8012. (a) During the current fiscal year, the civilian 
     personnel of the Department of Defense may not be managed 
     solely on the basis of any constraint or limitation in terms 
     of man years, end strength, full-time equivalent positions, 
     or maximum number of employees, but are to be managed 
     primarily on the basis of, and in a manner consistent with--
       (1) the total force management policies and procedures 
     established under section 129a of title 10, United States 
     Code;
       (2) the workload required to carry out the functions and 
     activities of the Department; and
       (3) the funds made available to the Department for such 
     fiscal year.
       (b) None of the funds appropriated by this Act may be used 
     to reduce the civilian workforce programmed full time 
     equivalent levels absent the appropriate analysis of the 
     impacts of these reductions on workload, military force 
     structure, lethality, readiness, operational effectiveness, 
     stress on the military force, and fully burdened costs.
       (c) A projection of the number of full-time equivalent 
     positions shall not be considered a constraint or limitation 
     for purposes of subsection (a) and reducing funding for 
     under-execution of such a projection shall not be considered 
     managing based on a constraint or limitation for purposes of 
     such subsection.
       (d) The fiscal year 2022 budget request for the Department 
     of Defense, and any justification material and other 
     documentation supporting such request, shall be prepared and 
     submitted to Congress as if subsections (a) and (b) were 
     effective with respect to such fiscal year.
       (e) Nothing in this section shall be construed to apply to 
     military (civilian) technicians.
       Sec. 8013.  None of the funds made available by this Act 
     shall be used in any way, directly or indirectly, to 
     influence congressional action on any legislation or 
     appropriation matters pending before the Congress.
       Sec. 8014.  None of the funds appropriated by this Act 
     shall be available for the basic pay and allowances of any 
     member of the Army participating as a full-time student and 
     receiving benefits paid by the Secretary of Veterans Affairs

[[Page H7357]]

     from the Department of Defense Education Benefits Fund when 
     time spent as a full-time student is credited toward 
     completion of a service commitment:  Provided, That this 
     section shall not apply to those members who have reenlisted 
     with this option prior to October 1, 1987:  Provided further, 
     That this section applies only to active components of the 
     Army.

                          (transfer of funds)

       Sec. 8015. (a) Funds appropriated in title III of this Act 
     for the Department of Defense Pilot Mentor-Protege Program 
     may be transferred to any other appropriation contained in 
     this Act solely for the purpose of implementing a Mentor-
     Protege Program developmental assistance agreement pursuant 
     to section 831 of the National Defense Authorization Act for 
     Fiscal Year 1991 (Public Law 101-510; 10 U.S.C. 2302 note), 
     as amended, under the authority of this provision or any 
     other transfer authority contained in this Act.
       (b) The Secretary of Defense shall include with the budget 
     justification documents in support of the budget for any 
     fiscal year after fiscal year 2021 (as submitted to Congress 
     pursuant to section 1105 of title 31, United States Code) a 
     description of each transfer under this section that occurred 
     during the last fiscal year before the fiscal year in which 
     such budget is submitted.
       Sec. 8016.  None of the funds in this Act may be available 
     for the purchase by the Department of Defense (and its 
     departments and agencies) of welded shipboard anchor and 
     mooring chain 4 inches in diameter and under unless the 
     anchor and mooring chain are manufactured in the United 
     States from components which are substantially manufactured 
     in the United States:  Provided, That for the purpose of this 
     section, the term ``manufactured'' shall include cutting, 
     heat treating, quality control, testing of chain and welding 
     (including the forging and shot blasting process):  Provided 
     further, That for the purpose of this section substantially 
     all of the components of anchor and mooring chain shall be 
     considered to be produced or manufactured in the United 
     States if the aggregate cost of the components produced or 
     manufactured in the United States exceeds the aggregate cost 
     of the components produced or manufactured outside the United 
     States:  Provided further, That when adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis, the Secretary of the Service 
     responsible for the procurement may waive this restriction on 
     a case-by-case basis by certifying in writing to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate that such an acquisition must be made in order 
     to acquire capability for national security purposes.
       Sec. 8017.  None of the funds available in this Act to the 
     Department of Defense, other than appropriations made for 
     necessary or routine refurbishments, upgrades or maintenance 
     activities, shall be used to reduce or to prepare to reduce 
     the number of deployed and non-deployed strategic delivery 
     vehicles and launchers below the levels set forth in the 
     report submitted to Congress in accordance with section 1042 
     of the National Defense Authorization Act for Fiscal Year 
     2012.
       Sec. 8018.  None of the funds appropriated by this Act 
     shall be used for the support of any nonappropriated funds 
     activity of the Department of Defense that procures malt 
     beverages and wine with nonappropriated funds for resale 
     (including such alcoholic beverages sold by the drink) on a 
     military installation located in the United States unless 
     such malt beverages and wine are procured within that State, 
     or in the case of the District of Columbia, within the 
     District of Columbia, in which the military installation is 
     located:  Provided, That, in a case in which the military 
     installation is located in more than one State, purchases may 
     be made in any State in which the installation is located:  
     Provided further, That such local procurement requirements 
     for malt beverages and wine shall apply to all alcoholic 
     beverages only for military installations in States which are 
     not contiguous with another State:  Provided further, That 
     alcoholic beverages other than wine and malt beverages, in 
     contiguous States and the District of Columbia shall be 
     procured from the most competitive source, price and other 
     factors considered.
       Sec. 8019.  None of the funds available to the Department 
     of Defense may be used to demilitarize or dispose of M-1 
     Carbines, M-1 Garand rifles, M-14 rifles, .22 caliber rifles, 
     .30 caliber rifles, or M-1911 pistols, or to demilitarize or 
     destroy small arms ammunition or ammunition components that 
     are not otherwise prohibited from commercial sale under 
     Federal law, unless the small arms ammunition or ammunition 
     components are certified by the Secretary of the Army or 
     designee as unserviceable or unsafe for further use.
       Sec. 8020.  No more than $500,000 of the funds appropriated 
     or made available in this Act shall be used during a single 
     fiscal year for any single relocation of an organization, 
     unit, activity or function of the Department of Defense into 
     or within the National Capital Region:  Provided, That the 
     Secretary of Defense may waive this restriction on a case-by-
     case basis by certifying in writing to the congressional 
     defense committees that such a relocation is required in the 
     best interest of the Government.
       Sec. 8021.  In addition to the funds provided else-where in 
     this Act, $25,000,000 is appropriated only for incentive 
     payments authorized by section 504 of the Indian Financing 
     Act of 1974 (25 U.S.C. 1544):  Provided, That a prime 
     contractor or a subcontractor at any tier that makes a 
     subcontract award to any subcontractor or supplier as defined 
     in section 1544 of title 25, United States Code, or a small 
     business owned and controlled by an individual or individuals 
     defined under section 4221(9) of title 25, United States 
     Code, shall be considered a contractor for the purposes of 
     being allowed additional compensation under section 504 of 
     the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever 
     the prime contract or subcontract amount is over $500,000 and 
     involves the expenditure of funds appropriated by an Act 
     making appropriations for the Department of Defense with 
     respect to any fiscal year:  Provided further, That 
     notwithstanding section 1906 of title 41, United States Code, 
     this section shall be applicable to any Department of Defense 
     acquisition of supplies or services, including any contract 
     and any subcontract at any tier for acquisition of commercial 
     items produced or manufactured, in whole or in part, by any 
     subcontractor or supplier defined in section 1544 of title 
     25, United States Code, or a small business owned and 
     controlled by an individual or individuals defined under 
     section 4221(9) of title 25, United States Code.
       Sec. 8022.  Funds appropriated by this Act for the Defense 
     Media Activity shall not be used for any national or 
     international political or psychological activities.
       Sec. 8023.  During the current fiscal year, the Department 
     of Defense is authorized to incur obligations of not to 
     exceed $350,000,000 for purposes specified in section 
     2350j(c) of title 10, United States Code, in anticipation of 
     receipt of contributions, only from the Government of Kuwait, 
     under that section:  Provided, That, upon receipt, such 
     contributions from the Government of Kuwait shall be credited 
     to the appropriations or fund which incurred such 
     obligations.
       Sec. 8024.  The Secretary of Defense shall notify the 
     congressional defense committees in writing not more than 30 
     days after the receipt of any contribution of funds received 
     from the government of a foreign country for any purpose 
     relating to the stationing or operations of the United States 
     Armed Forces:  Provided, That such notification shall include 
     the amount of the contribution; the purpose for which such 
     contribution was made; and the authority under which such 
     contribution was accepted by the Secretary of Defense:  
     Provided further, That not fewer than 15 days prior to 
     obligating such funds, the Secretary of Defense shall submit 
     to the congressional defense committees in writing a 
     notification of the planned use of such contributions, 
     including whether such contributions would support existing 
     or new stationing or operations of the United States Armed 
     Forces.
       Sec. 8025. (a) Of the funds made available in this Act, not 
     less than $56,205,000 shall be available for the Civil Air 
     Patrol Corporation, of which--
       (1) $43,205,000 shall be available from ``Operation and 
     Maintenance, Air Force'' to support Civil Air Patrol 
     Corporation operation and maintenance, readiness, counter-
     drug activities, and drug demand reduction activities 
     involving youth programs;
       (2) $11,200,000 shall be available from ``Aircraft 
     Procurement, Air Force''; and
       (3) $1,800,000 shall be available from ``Other Procurement, 
     Air Force'' for vehicle procurement.
       (b) The Secretary of the Air Force should waive 
     reimbursement for any funds used by the Civil Air Patrol for 
     counter-drug activities in support of Federal, State, and 
     local government agencies.
       Sec. 8026. (a) None of the funds appropriated in this Act 
     are available to establish a new Department of Defense 
     (department) federally funded research and development center 
     (FFRDC), either as a new entity, or as a separate entity 
     administrated by an organization managing another FFRDC, or 
     as a nonprofit membership corporation consisting of a 
     consortium of other FFRDCs and other nonprofit entities.
       (b) No member of a Board of Directors, Trustees, Overseers, 
     Advisory Group, Special Issues Panel, Visiting Committee, or 
     any similar entity of a defense FFRDC, and no paid consultant 
     to any defense FFRDC, except when acting in a technical 
     advisory capacity, may be compensated for his or her services 
     as a member of such entity, or as a paid consultant by more 
     than one FFRDC in a fiscal year:  Provided, That a member of 
     any such entity referred to previously in this subsection 
     shall be allowed travel expenses and per diem as authorized 
     under the Federal Joint Travel Regulations, when engaged in 
     the performance of membership duties.
       (c) Notwithstanding any other provision of law, none of the 
     funds available to the department from any source during the 
     current fiscal year may be used by a defense FFRDC, through a 
     fee or other payment mechanism, for construction of new 
     buildings not located on a military installation, for payment 
     of cost sharing for projects funded by Government grants, for 
     absorption of contract overruns, or for certain charitable 
     contributions, not to include employee participation in 
     community service and/or development.
       (d) Notwithstanding any other provision of law, of the 
     funds available to the department during fiscal year 2021, 
     not more than 6,053 staff years of technical effort (staff 
     years) may be funded for defense FFRDCs:  Provided, That, 
     within such funds for 6,053 staff years, funds shall be 
     available only for 1,148 staff years for the defense studies 
     and analysis FFRDCs:  Provided further, That this subsection 
     shall not apply to staff years funded in the National 
     Intelligence Program (NIP) and the Military Intelligence 
     Program (MIP).
       (e) The Secretary of Defense shall, with the submission of 
     the department's fiscal year 2022 budget request, submit a 
     report presenting the specific amounts of staff years of 
     technical effort to be allocated for each defense FFRDC 
     during that fiscal year and the associated budget estimates.
       Sec. 8027.  None of the funds appropriated or made 
     available in this Act shall be used to procure carbon, alloy, 
     or armor steel plate for use

[[Page H7358]]

     in any Government-owned facility or property under the 
     control of the Department of Defense which were not melted 
     and rolled in the United States or Canada:  Provided, That 
     these procurement restrictions shall apply to any and all 
     Federal Supply Class 9515, American Society of Testing and 
     Materials (ASTM) or American Iron and Steel Institute (AISI) 
     specifications of carbon, alloy or armor steel plate:  
     Provided further, That the Secretary of the military 
     department responsible for the procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That these restrictions 
     shall not apply to contracts which are in being as of the 
     date of the enactment of this Act.
       Sec. 8028.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Armed Services 
     Committee of the House of Representatives, the Armed Services 
     Committee of the Senate, the Subcommittee on Defense of the 
     Committee on Appropriations of the Senate, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the House of Representatives.
       Sec. 8029.  During the current fiscal year, the Department 
     of Defense may acquire the modification, depot maintenance 
     and repair of aircraft, vehicles and vessels as well as the 
     production of components and other Defense-related articles, 
     through competition between Department of Defense depot 
     maintenance activities and private firms:  Provided, That the 
     Senior Acquisition Executive of the military department or 
     Defense Agency concerned, with power of delegation, shall 
     certify that successful bids include comparable estimates of 
     all direct and indirect costs for both public and private 
     bids:  Provided further, That Office of Management and Budget 
     Circular A-76 shall not apply to competitions conducted under 
     this section.
       Sec. 8030. (a)(1) If the Secretary of Defense, after 
     consultation with the United States Trade Representative, 
     determines that a foreign country which is party to an 
     agreement described in paragraph (2) has violated the terms 
     of the agreement by discriminating against certain types of 
     products produced in the United States that are covered by 
     the agreement, the Secretary of Defense shall rescind the 
     Secretary's blanket waiver of the Buy American Act with 
     respect to such types of products produced in that foreign 
     country.
       (2) An agreement referred to in paragraph (1) is any 
     reciprocal defense procurement memorandum of understanding, 
     between the United States and a foreign country pursuant to 
     which the Secretary of Defense has prospectively waived the 
     Buy American Act for certain products in that country.
       (b) The Secretary of Defense shall submit to the Congress a 
     report on the amount of Department of Defense purchases from 
     foreign entities in fiscal year 2021. Such report shall 
     separately indicate the dollar value of items for which the 
     Buy American Act was waived pursuant to any agreement 
     described in subsection (a)(2), the Trade Agreement Act of 
     1979 (19 U.S.C. 2501 et seq.), or any international agreement 
     to which the United States is a party.
       (c) For purposes of this section, the term ``Buy American 
     Act'' means chapter 83 of title 41, United States Code.
       Sec. 8031.  During the current fiscal year, amounts 
     contained in the Department of Defense Overseas Military 
     Facility Investment Recovery Account shall be available until 
     expended for the payments specified by section 2687a(b)(2) of 
     title 10, United States Code.
       Sec. 8032. (a) Notwithstanding any other provision of law, 
     the Secretary of the Air Force may convey at no cost to the 
     Air Force, without consideration, to Indian tribes located in 
     the States of Nevada, Idaho, North Dakota, South Dakota, 
     Montana, Oregon, Minnesota, and Washington relocatable 
     military housing units located at Grand Forks Air Force Base, 
     Malmstrom Air Force Base, Mountain Home Air Force Base, 
     Ellsworth Air Force Base, and Minot Air Force Base that are 
     excess to the needs of the Air Force.
       (b) The Secretary of the Air Force shall convey, at no cost 
     to the Air Force, military housing units under subsection (a) 
     in accordance with the request for such units that are 
     submitted to the Secretary by the Operation Walking Shield 
     Program on behalf of Indian tribes located in the States of 
     Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, 
     Minnesota, and Washington. Any such conveyance shall be 
     subject to the condition that the housing units shall be 
     removed within a reasonable period of time, as determined by 
     the Secretary.
       (c) The Operation Walking Shield Program shall resolve any 
     conflicts among requests of Indian tribes for housing units 
     under subsection (a) before submitting requests to the 
     Secretary of the Air Force under subsection (b).
       (d) In this section, the term ``Indian tribe'' means any 
     recognized Indian tribe included on the current list 
     published by the Secretary of the Interior under section 104 
     of the Federally Recognized Indian Tribe Act of 1994 (Public 
     Law 103-454; 108 Stat. 4792; 25 U.S.C. 5131).
       Sec. 8033.  During the current fiscal year, appropriations 
     which are available to the Department of Defense for 
     operation and maintenance may be used to purchase items 
     having an investment item unit cost of not more than 
     $250,000.

                     (including transfer of funds)

       Sec. 8034.  Subject to section 8005 of this Act, the 
     Secretary of Defense may transfer funds appropriated in 
     fiscal year 2021 for ``Shipbuilding and Conversion, Navy: LPD 
     Flight II-LPD 31'' to ``Shipbuilding and Conversion, Navy: 
     LPD 32 (AP)'', and ``Shipbuilding and Conversion, Navy: LPD 
     33 (AP)'' for fiscal year 2021 advance procurement authorized 
     by section 124(c) of the National Defense Authorization Act 
     for Fiscal Year 2021:  Provided, That the transfer authority 
     provided under this provision is in addition to any other 
     transfer authority contained in this Act.
       Sec. 8035.  Up to $14,000,000 of the funds appropriated 
     under the heading ``Operation and Maintenance, Navy'' may be 
     made available for the Asia Pacific Regional Initiative 
     Program for the purpose of enabling the United States Indo-
     Pacific Command to execute Theater Security Cooperation 
     activities such as humanitarian assistance, and payment of 
     incremental and personnel costs of training and exercising 
     with foreign security forces:  Provided, That funds made 
     available for this purpose may be used, notwithstanding any 
     other funding authorities for humanitarian assistance, 
     security assistance or combined exercise expenses:  Provided 
     further, That funds may not be obligated to provide 
     assistance to any foreign country that is otherwise 
     prohibited from receiving such type of assistance under any 
     other provision of law.
       Sec. 8036.  The Secretary of Defense shall issue 
     regulations to prohibit the sale of any tobacco or tobacco-
     related products in military resale outlets in the United 
     States, its territories and possessions at a price below the 
     most competitive price in the local community:  Provided, 
     That such regulations shall direct that the prices of tobacco 
     or tobacco-related products in overseas military retail 
     outlets shall be within the range of prices established for 
     military retail system stores located in the United States.
       Sec. 8037. (a) During the current fiscal year, none of the 
     appropriations or funds available to the Department of 
     Defense Working Capital Funds shall be used for the purchase 
     of an investment item for the purpose of acquiring a new 
     inventory item for sale or anticipated sale during the 
     current fiscal year or a subsequent fiscal year to customers 
     of the Department of Defense Working Capital Funds if such an 
     item would not have been chargeable to the Department of 
     Defense Business Operations Fund during fiscal year 1994 and 
     if the purchase of such an investment item would be 
     chargeable during the current fiscal year to appropriations 
     made to the Department of Defense for procurement.
       (b) The fiscal year 2022 budget request for the Department 
     of Defense as well as all justification material and other 
     documentation supporting the fiscal year 2022 Department of 
     Defense budget shall be prepared and submitted to the 
     Congress on the basis that any equipment which was classified 
     as an end item and funded in a procurement appropriation 
     contained in this Act shall be budgeted for in a proposed 
     fiscal year 2022 procurement appropriation and not in the 
     supply management business area or any other area or category 
     of the Department of Defense Working Capital Funds.
       Sec. 8038.  None of the funds appropriated by this Act for 
     programs of the Central Intelligence Agency shall remain 
     available for obligation beyond the current fiscal year, 
     except for funds appropriated for the Reserve for 
     Contingencies, which shall remain available until September 
     30, 2022:  Provided, That funds appropriated, transferred, or 
     otherwise credited to the Central Intelligence Agency Central 
     Services Working Capital Fund during this or any prior or 
     subsequent fiscal year shall remain available until expended: 
      Provided further, That any funds appropriated or transferred 
     to the Central Intelligence Agency for advanced research and 
     development acquisition, for agent operations, and for covert 
     action programs authorized by the President under section 503 
     of the National Security Act of 1947 (50 U.S.C. 3093) shall 
     remain available until September 30, 2022:  Provided further, 
     That any funds appropriated or transferred to the Central 
     Intelligence Agency for the construction, improvement, or 
     alteration of facilities, including leased facilities, to be 
     used primarily by personnel of the intelligence community 
     shall remain available until September 30, 2023.
       Sec. 8039.  Of the funds appropriated to the Department of 
     Defense under the heading ``Operation and Maintenance, 
     Defense-Wide'', not less than $12,000,000 shall be made 
     available only for the mitigation of environmental impacts, 
     including training and technical assistance to tribes, 
     related administrative support, the gathering of information, 
     documenting of environmental damage, and developing a system 
     for prioritization of mitigation and cost to complete 
     estimates for mitigation, on Indian lands resulting from 
     Department of Defense activities.
       Sec. 8040. (a) None of the funds appropriated in this Act 
     may be expended by an entity of the Department of Defense 
     unless the entity, in expending the funds, complies with the 
     Buy American Act. For purposes of this subsection, the term 
     ``Buy American Act'' means chapter 83 of title 41, United 
     States Code.
       (b) If the Secretary of Defense determines that a person 
     has been convicted of intentionally affixing a label bearing 
     a ``Made in America'' inscription to any product sold in or 
     shipped to the United States that is not made in America, the 
     Secretary shall determine, in accordance with section 2410f 
     of title 10, United States Code, whether the person should be 
     debarred from contracting with the Department of Defense.
       (c) In the case of any equipment or products purchased with 
     appropriations provided under this Act, it is the sense of 
     the Congress that any entity of the Department of Defense, in 
     expending the appropriation, purchase only American-made 
     equipment and products, provided that American-made equipment 
     and products are cost-competitive, quality competitive, and 
     available in a timely fashion.
       Sec. 8041. (a) Except as provided in subsections (b) and 
     (c), none of the funds made available by this Act may be 
     used--
       (1) to establish a field operating agency; or

[[Page H7359]]

       (2) to pay the basic pay of a member of the Armed Forces or 
     civilian employee of the department who is transferred or 
     reassigned from a headquarters activity if the member or 
     employee's place of duty remains at the location of that 
     headquarters.
       (b) The Secretary of Defense or Secretary of a military 
     department may waive the limitations in subsection (a), on a 
     case-by-case basis, if the Secretary determines, and 
     certifies to the Committees on Appropriations of the House of 
     Representatives and the Senate that the granting of the 
     waiver will reduce the personnel requirements or the 
     financial requirements of the department.
       (c) This section does not apply to--
       (1) field operating agencies funded within the National 
     Intelligence Program;
       (2) an Army field operating agency established to 
     eliminate, mitigate, or counter the effects of improvised 
     explosive devices, and, as determined by the Secretary of the 
     Army, other similar threats;
       (3) an Army field operating agency established to improve 
     the effectiveness and efficiencies of biometric activities 
     and to integrate common biometric technologies throughout the 
     Department of Defense; or
       (4) an Air Force field operating agency established to 
     administer the Air Force Mortuary Affairs Program and 
     Mortuary Operations for the Department of Defense and 
     authorized Federal entities.
       Sec. 8042. (a) None of the funds appropriated by this Act 
     shall be available to convert to contractor performance an 
     activity or function of the Department of Defense that, on or 
     after the date of the enactment of this Act, is performed by 
     Department of Defense civilian employees unless--
       (1) the conversion is based on the result of a public-
     private competition that includes a most efficient and cost 
     effective organization plan developed by such activity or 
     function;
       (2) the Competitive Sourcing Official determines that, over 
     all performance periods stated in the solicitation of offers 
     for performance of the activity or function, the cost of 
     performance of the activity or function by a contractor would 
     be less costly to the Department of Defense by an amount that 
     equals or exceeds the lesser of--
       (A) 10 percent of the most efficient organization's 
     personnel-related costs for performance of that activity or 
     function by Federal employees; or
       (B) $10,000,000; and
       (3) the contractor does not receive an advantage for a 
     proposal that would reduce costs for the Department of 
     Defense by--
       (A) not making an employer-sponsored health insurance plan 
     available to the workers who are to be employed in the 
     performance of that activity or function under the contract; 
     or
       (B) offering to such workers an employer-sponsored health 
     benefits plan that requires the employer to contribute less 
     towards the premium or subscription share than the amount 
     that is paid by the Department of Defense for health benefits 
     for civilian employees under chapter 89 of title 5, United 
     States Code.
       (b)(1) The Department of Defense, without regard to 
     subsection (a) of this section or subsection (a), (b), or (c) 
     of section 2461 of title 10, United States Code, and 
     notwithstanding any administrative regulation, requirement, 
     or policy to the contrary shall have full authority to enter 
     into a contract for the performance of any commercial or 
     industrial type function of the Department of Defense that--
       (A) is included on the procurement list established 
     pursuant to section 2 of the Javits-Wagner-O'Day Act (section 
     8503 of title 41, United States Code);
       (B) is planned to be converted to performance by a 
     qualified nonprofit agency for the blind or by a qualified 
     nonprofit agency for other severely handicapped individuals 
     in accordance with that Act; or
       (C) is planned to be converted to performance by a 
     qualified firm under at least 51 percent ownership by an 
     Indian tribe, as defined in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)), or a Native Hawaiian Organization, as defined in 
     section 8(a)(15) of the Small Business Act (15 U.S.C. 
     637(a)(15)).
       (2) This section shall not apply to depot contracts or 
     contracts for depot maintenance as provided in sections 2469 
     and 2474 of title 10, United States Code.
       (c) The conversion of any activity or function of the 
     Department of Defense under the authority provided by this 
     section shall be credited toward any competitive or 
     outsourcing goal, target, or measurement that may be 
     established by statute, regulation, or policy and is deemed 
     to be awarded under the authority of, and in compliance with, 
     subsection (h) of section 2304 of title 10, United States 
     Code, for the competition or outsourcing of commercial 
     activities.

                             (rescissions)

       Sec. 8043.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     for Overseas Contingency Operations/Global War on Terrorism 
     or as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended:
       ``Shipbuilding and Conversion, Navy: DDG-51 Destroyer'', 
     2014/2021, $66,567,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', 2019/2021, $23,840,000;
       ``Aircraft Procurement, Navy'', 2019/2021, $23,094,000;
       ``Aircraft Procurement, Air Force'', 2019/2021, 
     $465,447,000;
       ``Other Procurement, Air Force'', 2019/2021, $12,400,000;
       ``Aircraft Procurement, Army'', 2020/2022, $26,900,000;
       ``Missile Procurement, Army'', 2020/2022, $2,377,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', 2020/2022, $148,141,000;
       ``Procurement of Ammunition, Army'', 2020/2022, $7,500,000;
       ``Other Procurement, Army'', 2020/2022, $13,175,000;
       ``Aircraft Procurement, Navy'', 2020/2022, $417,128,000;
       ``Weapons Procurement, Navy'', 2020/2022, $7,500,000;
       ``Procurement of Ammunition, Navy and Marine Corps'', 2020/
     2022, $8,973,000;
       ``Shipbuilding and Conversion, Navy: TAO Fleet Oiler 
     (AP)'', 2020/2024, $73,000,000;
       ``Shipbuilding and Conversion, Navy: CVN Refueling 
     Overhauls'', 2020/2024, $13,100,000;
       ``Other Procurement, Navy'', 2020/2022, $87,052,000;
       ``Procurement, Marine Corps'', 2020/2022, $55,139,000;
       ``Aircraft Procurement, Air Force'', 2020/2022, 
     $543,015,000;
       ``Missile Procurement, Air Force'', 2020/2022, $24,500,000;
       ``Space Procurement, Air Force'', 2020/2022, $64,400,000;
       ``Other Procurement, Air Force'', 2020/2022, $66,726,000;
       ``Research, Development, Test and Evaluation, Army'', 2020/
     2021, $284,228,000;
       ``Research, Development, Test and Evaluation, Navy'', 2020/
     2021, $84,005,000;
       ``Research, Development, Test and Evaluation, Air Force'', 
     2020/2021, $251,809,000;
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', 2020/2021, $378,031,000; and
       ``Defense Counterintelligence and Security Agency Working 
     Capital Fund'', 2020/XXXX, $100,000,000.
       Sec. 8044.  None of the funds available in this Act may be 
     used to reduce the authorized positions for military 
     technicians (dual status) of the Army National Guard, Air 
     National Guard, Army Reserve and Air Force Reserve for the 
     purpose of applying any administratively imposed civilian 
     personnel ceiling, freeze, or reduction on military 
     technicians (dual status), unless such reductions are a 
     direct result of a reduction in military force structure.
       Sec. 8045.  None of the funds appropriated or otherwise 
     made available in this Act may be obligated or expended for 
     assistance to the Democratic People's Republic of Korea 
     unless specifically appropriated for that purpose:  Provided, 
     That this restriction shall not apply to any activities 
     incidental to the Defense POW/MIA Accounting Agency mission 
     to recover and identify the remains of United States Armed 
     Forces personnel from the Democratic People's Republic of 
     Korea.
       Sec. 8046.  Funds appropriated in this Act for operation 
     and maintenance of the Military Departments, Combatant 
     Commands and Defense Agencies shall be available for 
     reimbursement of pay, allowances and other expenses which 
     would otherwise be incurred against appropriations for the 
     National Guard and Reserve when members of the National Guard 
     and Reserve provide intelligence or counterintelligence 
     support to Combatant Commands, Defense Agencies and Joint 
     Intelligence Activities, including the activities and 
     programs included within the National Intelligence Program 
     and the Military Intelligence Program:  Provided, That 
     nothing in this section authorizes deviation from established 
     Reserve and National Guard personnel and training procedures.
       Sec. 8047. (a) None of the funds available to the 
     Department of Defense for any fiscal year for drug 
     interdiction or counter-drug activities may be transferred to 
     any other department or agency of the United States except as 
     specifically provided in an appropriations law.
       (b) None of the funds available to the Central Intelligence 
     Agency for any fiscal year for drug interdiction or counter-
     drug activities may be transferred to any other department or 
     agency of the United States except as specifically provided 
     in an appropriations law.
       Sec. 8048.  None of the funds appropriated by this Act may 
     be used for the procurement of ball and roller bearings other 
     than those produced by a domestic source and of domestic 
     origin:  Provided, That the Secretary of the military 
     department responsible for such procurement may waive this 
     restriction on a case-by-case basis by certifying in writing 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, that adequate domestic 
     supplies are not available to meet Department of Defense 
     requirements on a timely basis and that such an acquisition 
     must be made in order to acquire capability for national 
     security purposes:  Provided further, That this restriction 
     shall not apply to the purchase of ``commercial items'', as 
     defined by section 103 of title 41, United States Code, 
     except that the restriction shall apply to ball or roller 
     bearings purchased as end items.
       Sec. 8049.  Of the amounts appropriated for ``Working 
     Capital Fund, Army'', $125,000,000 shall be available to 
     maintain competitive rates at the arsenals.
       Sec. 8050.  In addition to the amounts appropriated or 
     otherwise made available elsewhere in this Act, $49,000,000 
     is hereby appropriated to the Department of Defense:  
     Provided, That upon the determination of the Secretary of 
     Defense that it shall serve the national interest, the 
     Secretary shall make grants in the amounts specified as 
     follows: $24,000,000 to the United Service Organizations and 
     $25,000,000 to the Red Cross.
       Sec. 8051.  None of the funds in this Act may be used to 
     purchase any supercomputer which is not manufactured in the 
     United States, unless the Secretary of Defense certifies to 
     the congressional defense committees that such an acquisition 
     must be made in order to acquire capability

[[Page H7360]]

     for national security purposes that is not available from 
     United States manufacturers.
       Sec. 8052.  Notwithstanding any other provision in this 
     Act, the Small Business Innovation Research program and the 
     Small Business Technology Transfer program set-asides shall 
     be taken proportionally from all programs, projects, or 
     activities to the extent they contribute to the extramural 
     budget. The Secretary of each military department, the 
     Director of each Defense Agency, and the head of each other 
     relevant component of the Department of Defense shall submit 
     to the congressional defense committees, concurrent with 
     submission of the budget justification documents to Congress 
     pursuant to section 1105 of title 31, United States Code, a 
     report with a detailed accounting of the Small Business 
     Innovation Research program and the Small Business Technology 
     Transfer program set-asides taken from programs, projects, or 
     activities within such department, agency, or component 
     during the most recently completed fiscal year.
       Sec. 8053.  None of the funds available to the Department 
     of Defense under this Act shall be obligated or expended to 
     pay a contractor under a contract with the Department of 
     Defense for costs of any amount paid by the contractor to an 
     employee when--
       (1) such costs are for a bonus or otherwise in excess of 
     the normal salary paid by the contractor to the employee; and
       (2) such bonus is part of restructuring costs associated 
     with a business combination.

                     (including transfer of funds)

       Sec. 8054.  During the current fiscal year, no more than 
     $30,000,000 of appropriations made in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'' may be 
     transferred to appropriations available for the pay of 
     military personnel, to be merged with, and to be available 
     for the same time period as the appropriations to which 
     transferred, to be used in support of such personnel in 
     connection with support and services for eligible 
     organizations and activities outside the Department of 
     Defense pursuant to section 2012 of title 10, United States 
     Code.
       Sec. 8055.  During the current fiscal year, in the case of 
     an appropriation account of the Department of Defense for 
     which the period of availability for obligation has expired 
     or which has closed under the provisions of section 1552 of 
     title 31, United States Code, and which has a negative 
     unliquidated or unexpended balance, an obligation or an 
     adjustment of an obligation may be charged to any current 
     appropriation account for the same purpose as the expired or 
     closed account if--
       (1) the obligation would have been properly chargeable 
     (except as to amount) to the expired or closed account before 
     the end of the period of availability or closing of that 
     account;
       (2) the obligation is not otherwise properly chargeable to 
     any current appropriation account of the Department of 
     Defense; and
       (3) in the case of an expired account, the obligation is 
     not chargeable to a current appropriation of the Department 
     of Defense under the provisions of section 1405(b)(8) of the 
     National Defense Authorization Act for Fiscal Year 1991, 
     Public Law 101-510, as amended (31 U.S.C. 1551 note):  
     Provided, That in the case of an expired account, if 
     subsequent review or investigation discloses that there was 
     not in fact a negative unliquidated or unexpended balance in 
     the account, any charge to a current account under the 
     authority of this section shall be reversed and recorded 
     against the expired account:  Provided further, That the 
     total amount charged to a current appropriation under this 
     section may not exceed an amount equal to 1 percent of the 
     total appropriation for that account:
       Provided, That the Under Secretary of Defense (Comptroller) 
     shall include with the budget of the President for fiscal 
     year 2022 (as submitted to Congress pursuant to section 1105 
     of title 31, United States Code) a statement describing each 
     instance if any, during each of the fiscal years 2016 through 
     2021 in which the authority in this section was exercised.
       Sec. 8056. (a) Notwithstanding any other provision of law, 
     the Chief of the National Guard Bureau may permit the use of 
     equipment of the National Guard Distance Learning Project by 
     any person or entity on a space-available, reimbursable 
     basis. The Chief of the National Guard Bureau shall establish 
     the amount of reimbursement for such use on a case-by-case 
     basis.
       (b) Amounts collected under subsection (a) shall be 
     credited to funds available for the National Guard Distance 
     Learning Project and be available to defray the costs 
     associated with the use of equipment of the project under 
     that subsection. Such funds shall be available for such 
     purposes without fiscal year limitation.

                     (including transfer of funds)

       Sec. 8057.  Of the funds appropriated in this Act under the 
     heading ``Operation and Maintenance, Defense-Wide'', 
     $46,000,000 shall be for continued implementation and 
     expansion of the Sexual Assault Special Victims' Counsel 
     Program:  Provided, That the funds are made available for 
     transfer to the Department of the Army, the Department of the 
     Navy, and the Department of the Air Force:  Provided further, 
     That funds transferred shall be merged with and available for 
     the same purposes and for the same time period as the 
     appropriations to which the funds are transferred:  Provided 
     further, That this transfer authority is in addition to any 
     other transfer authority provided in this Act.
       Sec. 8058.  None of the funds appropriated in title IV of 
     this Act may be used to procure end-items for delivery to 
     military forces for operational training, operational use or 
     inventory requirements:  Provided, That this restriction does 
     not apply to end-items used in development, prototyping, and 
     test activities preceding and leading to acceptance for 
     operational use:  Provided further, That this restriction 
     does not apply to programs funded within the National 
     Intelligence Program:  Provided further, That the Secretary 
     of Defense shall, at the time of the submittal to Congress of 
     the budget of the President for fiscal year 2022 pursuant to 
     section 1105 of title 31, United States Code, submit to the 
     congressional defense committees a report detailing the use 
     of funds requested in research, development, test and 
     evaluation accounts for end-items used in development, 
     prototyping and test activities preceding and leading to 
     acceptance for operational use:  Provided further, That the 
     report shall set forth, for each end-item covered by the 
     preceding proviso, a detailed list of the statutory 
     authorities under which amounts in the accounts described in 
     that proviso were used for such item:  Provided further, That 
     the Secretary of Defense shall, at the time of the submittal 
     to Congress of the budget of the President for fiscal year 
     2022 pursuant to section 1105 of title 31, United States 
     Code, submit to the congressional defense committees a 
     certification that funds requested for fiscal year 2022 in 
     research, development, test and evaluation are in compliance 
     with this section:  Provided further, That the Secretary of 
     Defense may waive this restriction on a case-by-case basis by 
     certifying in writing to the Committees on Appropriations of 
     the House of Representatives and the Senate that it is in the 
     national security interest to do so.
       Sec. 8059. (a) The Secretary of Defense may, on a case-by-
     case basis, waive with respect to a foreign country each 
     limitation on the procurement of defense items from foreign 
     sources provided in law if the Secretary determines that the 
     application of the limitation with respect to that country 
     would invalidate cooperative programs entered into between 
     the Department of Defense and the foreign country, or would 
     invalidate reciprocal trade agreements for the procurement of 
     defense items entered into under section 2531 of title 10, 
     United States Code, and the country does not discriminate 
     against the same or similar defense items produced in the 
     United States for that country.
       (b) Subsection (a) applies with respect to--
       (1) contracts and subcontracts entered into on or after the 
     date of the enactment of this Act; and
       (2) options for the procurement of items that are exercised 
     after such date under contracts that are entered into before 
     such date if the option prices are adjusted for any reason 
     other than the application of a waiver granted under 
     subsection (a).
       (c) Subsection (a) does not apply to a limitation regarding 
     construction of public vessels, ball and roller bearings, 
     food, and clothing or textile materials as defined by section 
     XI (chapters 50-65) of the Harmonized Tariff Schedule of the 
     United States and products classified under headings 4010, 
     4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 
     7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 
     8108, 8109, 8211, 8215, and 9404.
       Sec. 8060.  None of the funds appropriated or otherwise 
     made available by this or other Department of Defense 
     Appropriations Acts may be obligated or expended for the 
     purpose of performing repairs or maintenance to military 
     family housing units of the Department of Defense, including 
     areas in such military family housing units that may be used 
     for the purpose of conducting official Department of Defense 
     business.
       Sec. 8061.  Notwithstanding any other provision of law, 
     funds appropriated in this Act under the heading ``Research, 
     Development, Test and Evaluation, Defense-Wide'' for any new 
     start advanced concept technology demonstration project or 
     joint capability demonstration project may only be obligated 
     45 days after a report, including a description of the 
     project, the planned acquisition and transition strategy and 
     its estimated annual and total cost, has been provided in 
     writing to the congressional defense committees:  Provided, 
     That the Secretary of Defense may waive this restriction on a 
     case-by-case basis by certifying to the congressional defense 
     committees that it is in the national interest to do so.
       Sec. 8062.  The Secretary of Defense shall continue to 
     provide a classified quarterly report to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, Subcommittees on Defense on certain matters as 
     directed in the classified annex accompanying this Act.
       Sec. 8063.  Notwithstanding section 12310(b) of title 10, 
     United States Code, a Reserve who is a member of the National 
     Guard serving on full-time National Guard duty under section 
     502(f) of title 32, United States Code, may perform duties in 
     support of the ground-based elements of the National 
     Ballistic Missile Defense System.
       Sec. 8064.  None of the funds provided in this Act may be 
     used to transfer to any nongovernmental entity ammunition 
     held by the Department of Defense that has a center-fire 
     cartridge and a United States military nomenclature 
     designation of ``armor penetrator'', ``armor piercing (AP)'', 
     ``armor piercing incendiary (API)'', or ``armor-piercing 
     incendiary tracer (API-T)'', except to an entity performing 
     demilitarization services for the Department of Defense under 
     a contract that requires the entity to demonstrate to the 
     satisfaction of the Department of Defense that armor piercing 
     projectiles are either: (1) rendered incapable of reuse by 
     the demilitarization process; or (2) used to manufacture 
     ammunition pursuant to a contract with the Department of 
     Defense or the manufacture of ammunition for export pursuant 
     to a License for Permanent Export of Unclassified Military 
     Articles issued by the Department of State.
       Sec. 8065.  Notwithstanding any other provision of law, the 
     Chief of the National Guard Bureau, or his designee, may 
     waive payment of all or part of the consideration that 
     otherwise would be required under section 2667 of title 10, 
     United States Code, in the case of a lease of personal 
     property for a period not in excess of 1

[[Page H7361]]

     year to any organization specified in section 508(d) of title 
     32, United States Code, or any other youth, social, or 
     fraternal nonprofit organization as may be approved by the 
     Chief of the National Guard Bureau, or his designee, on a 
     case-by-case basis.

                     (including transfer of funds)

       Sec. 8066.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Army'', $133,724,000 
     shall remain available until expended:  Provided, That, 
     notwithstanding any other provision of law, the Secretary of 
     Defense is authorized to transfer such funds to other 
     activities of the Federal Government:  Provided further, That 
     the Secretary of Defense is authorized to enter into and 
     carry out contracts for the acquisition of real property, 
     construction, personal services, and operations related to 
     projects carrying out the purposes of this section:  Provided 
     further, That contracts entered into under the authority of 
     this section may provide for such indemnification as the 
     Secretary determines to be necessary:  Provided further, That 
     projects authorized by this section shall comply with 
     applicable Federal, State, and local law to the maximum 
     extent consistent with the national security, as determined 
     by the Secretary of Defense.
       Sec. 8067. (a) None of the funds appropriated in this or 
     any other Act may be used to take any action to modify--
       (1) the appropriations account structure for the National 
     Intelligence Program budget, including through the creation 
     of a new appropriation or new appropriation account;
       (2) how the National Intelligence Program budget request is 
     presented in the unclassified P-1, R-1, and O-1 documents 
     supporting the Department of Defense budget request;
       (3) the process by which the National Intelligence Program 
     appropriations are apportioned to the executing agencies; or
       (4) the process by which the National Intelligence Program 
     appropriations are allotted, obligated and disbursed.
       (b) Nothing in subsection (a) shall be construed to 
     prohibit the merger of programs or changes to the National 
     Intelligence Program budget at or below the Expenditure 
     Center level, provided such change is otherwise in accordance 
     with paragraphs (a)(1)-(3).
       (c) The Director of National Intelligence and the Secretary 
     of Defense may jointly, only for the purposes of achieving 
     auditable financial statements and improving fiscal 
     reporting, study and develop detailed proposals for 
     alternative financial management processes. Such study shall 
     include a comprehensive counterintelligence risk assessment 
     to ensure that none of the alternative processes will 
     adversely affect counterintelligence.
       (d) Upon development of the detailed proposals defined 
     under subsection (c), the Director of National Intelligence 
     and the Secretary of Defense shall--
       (1) provide the proposed alternatives to all affected 
     agencies;
       (2) receive certification from all affected agencies 
     attesting that the proposed alternatives will help achieve 
     auditability, improve fiscal reporting, and will not 
     adversely affect counterintelligence; and
       (3) not later than 30 days after receiving all necessary 
     certifications under paragraph (2), present the proposed 
     alternatives and certifications to the congressional defense 
     and intelligence committees.
       Sec. 8068.  In addition to amounts provided elsewhere in 
     this Act, $10,000,000 is hereby appropriated to the 
     Department of Defense, to remain available for obligation 
     until expended:  Provided, That notwithstanding any other 
     provision of law, that upon the determination of the 
     Secretary of Defense that it shall serve the national 
     interest, these funds shall be available only for a grant to 
     the Fisher House Foundation, Inc., only for the construction 
     and furnishing of additional Fisher Houses to meet the needs 
     of military family members when confronted with the illness 
     or hospitalization of an eligible military beneficiary.

                     (including transfer of funds)

       Sec. 8069.  Of the amounts appropriated for ``Operation and 
     Maintenance, Navy'', up to $1,000,000 shall be available for 
     transfer to the John C. Stennis Center for Public Service 
     Development Trust Fund established under section 116 of the 
     John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105).
       Sec. 8070.  None of the funds available to the Department 
     of Defense may be obligated to modify command and control 
     relationships to give Fleet Forces Command operational and 
     administrative control of United States Navy forces assigned 
     to the Pacific fleet:  Provided, That the command and control 
     relationships which existed on October 1, 2004, shall remain 
     in force until a written modification has been proposed to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided further, That the 
     proposed modification may be implemented 30 days after the 
     notification unless an objection is received from either the 
     House or Senate Appropriations Committees:  Provided further, 
     That any proposed modification shall not preclude the ability 
     of the commander of United States Indo-Pacific Command to 
     meet operational requirements.
       Sec. 8071.  Any notice that is required to be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate under section 806(c)(4) of the 
     Bob Stump National Defense Authorization Act for Fiscal Year 
     2003 (10 U.S.C. 2302 note) after the date of the enactment of 
     this Act shall be submitted pursuant to that requirement 
     concurrently to the Subcommittees on Defense of the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.

                     (including transfer of funds)

       Sec. 8072.  Of the amounts appropriated in this Act under 
     the headings ``Procurement, Defense-Wide'' and ``Research, 
     Development, Test and Evaluation, Defense-Wide'', 
     $500,000,000 shall be for the Israeli Cooperative Programs:  
     Provided, That of this amount, $73,000,000 shall be for the 
     Secretary of Defense to provide to the Government of Israel 
     for the procurement of the Iron Dome defense system to 
     counter short-range rocket threats, subject to the U.S.-
     Israel Iron Dome Procurement Agreement, as amended; 
     $177,000,000 shall be for the Short Range Ballistic Missile 
     Defense (SRBMD) program, including cruise missile defense 
     research and development under the SRBMD program, of which 
     $50,000,000 shall be for co-production activities of SRBMD 
     systems in the United States and in Israel to meet Israel's 
     defense requirements consistent with each nation's laws, 
     regulations, and procedures, subject to the U.S.-Israeli co-
     production agreement for SRBMD, as amended; $77,000,000 shall 
     be for an upper-tier component to the Israeli Missile Defense 
     Architecture, of which $77,000,000 shall be for co-production 
     activities of Arrow 3 Upper Tier systems in the United States 
     and in Israel to meet Israel's defense requirements 
     consistent with each nation's laws, regulations, and 
     procedures, subject to the U.S.-Israeli co-production 
     agreement for Arrow 3 Upper Tier, as amended; and 
     $173,000,000 shall be for the Arrow System Improvement 
     Program including development of a long range, ground and 
     airborne, detection suite:  Provided further, That the 
     transfer authority provided under this provision is in 
     addition to any other transfer authority contained in this 
     Act.

                     (including transfer of funds)

       Sec. 8073.  Of the amounts appropriated in this Act under 
     the heading ``Shipbuilding and Conversion, Navy'', 
     $407,312,000 shall be available until September 30, 2021, to 
     fund prior year shipbuilding cost increases:  Provided, That 
     upon enactment of this Act, the Secretary of the Navy shall 
     transfer funds to the following appropriations in the amounts 
     specified:  Provided further, That the amounts transferred 
     shall be merged with and be available for the same purposes 
     as the appropriations to which transferred to:
       (1) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2008/2021: Carrier Replacement Program $71,000,000;
       (2) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2015/2021: DDG-51 Destroyer $9,634,000;
       (3) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2016/2021: CVN Refueling Overhauls $186,200,000;
       (4) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2016/2021: LPD-17 $30,578,000;
       (5) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2016/2021: TAO Fleet Oiler $42,500,000;
       (6) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2018/2021: TAO Fleet Oiler $17,400,000; and
       (7) Under the heading ``Shipbuilding and Conversion, 
     Navy'', 2018/2021: Expeditionary Fast Transport $50,000,000.
       Sec. 8074.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 3094) during fiscal 
     year 2021 until the enactment of the Intelligence 
     Authorization Act for Fiscal Year 2021.
       Sec. 8075.  None of the funds provided in this Act shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that creates or initiates a new 
     program, project, or activity unless such program, project, 
     or activity must be undertaken immediately in the interest of 
     national security and only after written prior notification 
     to the congressional defense committees.
       Sec. 8076.  The budget of the President for fiscal year 
     2022 submitted to the Congress pursuant to section 1105 of 
     title 31, United States Code, shall include separate budget 
     justification documents for costs of United States Armed 
     Forces' participation in contingency operations for the 
     Military Personnel accounts, the Operation and Maintenance 
     accounts, the Procurement accounts, and the Research, 
     Development, Test and Evaluation accounts:  Provided, That 
     these documents shall include a description of the funding 
     requested for each contingency operation, for each military 
     service, to include all Active and Reserve components, and 
     for each appropriations account:  Provided further, That 
     these documents shall include estimated costs for each 
     element of expense or object class, a reconciliation of 
     increases and decreases for each contingency operation, and 
     programmatic data including, but not limited to, troop 
     strength for each Active and Reserve component, and estimates 
     of the major weapons systems deployed in support of each 
     contingency:  Provided further, That these documents shall 
     include budget exhibits OP-5 and OP-32 (as defined in the 
     Department of Defense Financial Management Regulation) for 
     all contingency operations for the budget year and the two 
     preceding fiscal years.
       Sec. 8077.  None of the funds in this Act may be used for 
     research, development, test, evaluation, procurement or 
     deployment of nuclear armed interceptors of a missile defense 
     system.
       Sec. 8078.  The Secretary of Defense may use up to 
     $650,000,000 of the amounts appropriated or otherwise made 
     available in this Act to the Department of Defense for the 
     rapid acquisition and deployment of supplies and associated 
     support services pursuant to section 806 of the Bob Stump 
     National Defense Authorization Act for Fiscal Year 2003 
     (Public Law 107-314; 10 U.S.C. 2302 note), but only for the 
     purposes specified in clauses (i), (ii), (iii), and (iv) of 
     subsection (c)(3)(B) of such section and subject to the 
     applicable limits specified in clauses (i), (ii), and

[[Page H7362]]

     (iii) of such subsection and, in the case of clause (iv) of 
     such subsection, subject to a limit of $50,000,000:  
     Provided, That the Secretary of Defense shall notify the 
     congressional defense committees promptly of all uses of this 
     authority.
       Sec. 8079.  None of the funds appropriated or made 
     available in this Act shall be used to reduce or disestablish 
     the operation of the 53rd Weather Reconnaissance Squadron of 
     the Air Force Reserve, if such action would reduce the WC-130 
     Weather Reconnaissance mission below the levels funded in 
     this Act:  Provided, That the Air Force shall allow the 53rd 
     Weather Reconnaissance Squadron to perform other missions in 
     support of national defense requirements during the non-
     hurricane season.
       Sec. 8080.  None of the funds provided in this Act shall be 
     available for integration of foreign intelligence information 
     unless the information has been lawfully collected and 
     processed during the conduct of authorized foreign 
     intelligence activities:  Provided, That information 
     pertaining to United States persons shall only be handled in 
     accordance with protections provided in the Fourth Amendment 
     of the United States Constitution as implemented through 
     Executive Order No. 12333.
       Sec. 8081. (a) None of the funds appropriated by this Act 
     may be used to transfer research and development, 
     acquisition, or other program authority relating to current 
     tactical unmanned aerial vehicles (TUAVs) from the Army.
       (b) The Army shall retain responsibility for and 
     operational control of the MQ-1C Gray Eagle Unmanned Aerial 
     Vehicle (UAV) in order to support the Secretary of Defense in 
     matters relating to the employment of unmanned aerial 
     vehicles.
       Sec. 8082.  None of the funds appropriated by this Act for 
     programs of the Office of the Director of National 
     Intelligence shall remain available for obligation beyond the 
     current fiscal year, except for funds appropriated for 
     research and technology, which shall remain available until 
     September 30, 2022.
       Sec. 8083.  For purposes of section 1553(b) of title 31, 
     United States Code, any subdivision of appropriations made in 
     this Act under the heading ``Shipbuilding and Conversion, 
     Navy'' shall be considered to be for the same purpose as any 
     subdivision under the heading ``Shipbuilding and Conversion, 
     Navy'' appropriations in any prior fiscal year, and the 1 
     percent limitation shall apply to the total amount of the 
     appropriation.
       Sec. 8084. (a) Not later than 60 days after the date of 
     enactment of this Act, the Director of National Intelligence 
     shall submit a report to the congressional intelligence 
     committees to establish the baseline for application of 
     reprogramming and transfer authorities for fiscal year 2021:  
     Provided, That the report shall include--
       (1) a table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     appropriate, and the fiscal year enacted level;
       (2) a delineation in the table for each appropriation by 
     Expenditure Center and project; and
       (3) an identification of items of special congressional 
     interest.
       (b) None of the funds provided for the National 
     Intelligence Program in this Act shall be available for 
     reprogramming or transfer until the report identified in 
     subsection (a) is submitted to the congressional intelligence 
     committees, unless the Director of National Intelligence 
     certifies in writing to the congressional intelligence 
     committees that such reprogramming or transfer is necessary 
     as an emergency requirement.
       Sec. 8085.  Notwithstanding any other provision of law, any 
     transfer of funds, appropriated or otherwise made available 
     by this Act, for support to friendly foreign countries in 
     connection with the conduct of operations in which the United 
     States is not participating, pursuant to section 331(d) of 
     title 10, United States Code, shall be made in accordance 
     with section 8005 or 9002 of this Act, as applicable.
       Sec. 8086.  Any transfer of amounts appropriated to the 
     Department of Defense Acquisition Workforce Development 
     Account in or for fiscal year 2021 to a military department 
     or Defense Agency pursuant to section 1705(e)(1) of title 10, 
     United States Code, shall be covered by and subject to 
     section 8005 or 9002 of this Act, as applicable.
       Sec. 8087.  None of the funds made available by this Act 
     for excess defense articles, assistance under section 333 of 
     title 10, United States Code, or peacekeeping operations for 
     the countries designated annually to be in violation of the 
     standards of the Child Soldiers Prevention Act of 2008 
     (Public Law 110-457; 22 U.S.C. 2370c-1) may be used to 
     support any military training or operation that includes 
     child soldiers, as defined by the Child Soldiers Prevention 
     Act of 2008, unless such assistance is otherwise permitted 
     under section 404 of the Child Soldiers Prevention Act of 
     2008.
       Sec. 8088. (a) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 
     3024(d)) that--
       (1) creates a new start effort;
       (2) terminates a program with appropriated funding of 
     $10,000,000 or more;
       (3) transfers funding into or out of the National 
     Intelligence Program; or
       (4) transfers funding between appropriations, unless the 
     congressional intelligence committees are notified 30 days in 
     advance of such reprogramming of funds; this notification 
     period may be reduced for urgent national security 
     requirements.
       (b) None of the funds provided for the National 
     Intelligence Program in this or any prior appropriations Act 
     shall be available for obligation or expenditure through a 
     reprogramming or transfer of funds in accordance with section 
     102A(d) of the National Security Act of 1947 (50 U.S.C. 
     3024(d)) that results in a cumulative increase or decrease of 
     the levels specified in the classified annex accompanying the 
     Act unless the congressional intelligence committees are 
     notified 30 days in advance of such reprogramming of funds; 
     this notification period may be reduced for urgent national 
     security requirements.
       Sec. 8089.  In this fiscal year and each fiscal year 
     thereafter, funds appropriated under the heading 
     ``Procurement, Space Force'' may be obligated for payment of 
     satellite on-orbit incentives in the fiscal year in which an 
     incentive payment is earned:  Provided, That any obligation 
     made pursuant to this section may not be entered into until 
     30 calendar days in session after the congressional defense 
     committees have been notified that an on-orbit incentive 
     payment has been earned.
       Sec. 8090.  For the purposes of this Act, the term 
     ``congressional intelligence committees'' means the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives, the Select Committee on Intelligence of the 
     Senate, the Subcommittee on Defense of the Committee on 
     Appropriations of the House of Representatives, and the 
     Subcommittee on Defense of the Committee on Appropriations of 
     the Senate.

                     (including transfer of funds)

       Sec. 8091.  During the current fiscal year, not to exceed 
     $11,000,000 from each of the appropriations made in title II 
     of this Act for ``Operation and Maintenance, Army'', 
     ``Operation and Maintenance, Navy'', and ``Operation and 
     Maintenance, Air Force'' may be transferred by the military 
     department concerned to its central fund established for 
     Fisher Houses and Suites pursuant to section 2493(d) of title 
     10, United States Code.
       Sec. 8092.  None of the funds appropriated by this Act may 
     be available for the purpose of making remittances to the 
     Department of Defense Acquisition Workforce Development 
     Account in accordance with section 1705 of title 10, United 
     States Code.
       Sec. 8093. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public Web site of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 8094. (a) None of the funds appropriated or otherwise 
     made available by this Act may be expended for any Federal 
     contract for an amount in excess of $1,000,000, unless the 
     contractor agrees not to--
       (1) enter into any agreement with any of its employees or 
     independent contractors that requires, as a condition of 
     employment, that the employee or independent contractor agree 
     to resolve through arbitration any claim under title VII of 
     the Civil Rights Act of 1964 or any tort related to or 
     arising out of sexual assault or harassment, including 
     assault and battery, intentional infliction of emotional 
     distress, false imprisonment, or negligent hiring, 
     supervision, or retention; or
       (2) take any action to enforce any provision of an existing 
     agreement with an employee or independent contractor that 
     mandates that the employee or independent contractor resolve 
     through arbitration any claim under title VII of the Civil 
     Rights Act of 1964 or any tort related to or arising out of 
     sexual assault or harassment, including assault and battery, 
     intentional infliction of emotional distress, false 
     imprisonment, or negligent hiring, supervision, or retention.
       (b) None of the funds appropriated or otherwise made 
     available by this Act may be expended for any Federal 
     contract unless the contractor certifies that it requires 
     each covered subcontractor to agree not to enter into, and 
     not to take any action to enforce any provision of, any 
     agreement as described in paragraphs (1) and (2) of 
     subsection (a), with respect to any employee or independent 
     contractor performing work related to such subcontract. For 
     purposes of this subsection, a ``covered subcontractor'' is 
     an entity that has a subcontract in excess of $1,000,000 on a 
     contract subject to subsection (a).
       (c) The prohibitions in this section do not apply with 
     respect to a contractor's or subcontractor's agreements with 
     employees or independent contractors that may not be enforced 
     in a court of the United States.
       (d) The Secretary of Defense may waive the application of 
     subsection (a) or (b) to a particular contractor or 
     subcontractor for the purposes of a particular contract or 
     subcontract if the Secretary or the Deputy Secretary 
     personally determines that the waiver is necessary to avoid 
     harm to national security interests of the United States, and 
     that the term of the contract or subcontract is not longer 
     than necessary to avoid such harm. The determination shall 
     set forth with specificity the grounds for the waiver and for 
     the contract or subcontract term selected, and shall state 
     any alternatives considered in lieu of a waiver and the 
     reasons each such alternative would not avoid harm to 
     national security interests of the United States. The 
     Secretary of Defense shall transmit to Congress, and 
     simultaneously make public, any determination under this 
     subsection not less than 15 business days before the contract 
     or subcontract addressed in the determination may be awarded.

[[Page H7363]]

  


                     (including transfer of funds)

       Sec. 8095.  From within the funds appropriated for 
     operation and maintenance for the Defense Health Program in 
     this Act, up to $137,000,000, shall be available for transfer 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund in accordance 
     with the provisions of section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010, Public Law 111-84:  
     Provided, That for purposes of section 1704(b), the facility 
     operations funded are operations of the integrated Captain 
     James A. Lovell Federal Health Care Center, consisting of the 
     North Chicago Veterans Affairs Medical Center, the Navy 
     Ambulatory Care Center, and supporting facilities designated 
     as a combined Federal medical facility as described by 
     section 706 of Public Law 110-417:  Provided further, That 
     additional funds may be transferred from funds appropriated 
     for operation and maintenance for the Defense Health Program 
     to the Joint Department of Defense-Department of Veterans 
     Affairs Medical Facility Demonstration Fund upon written 
     notification by the Secretary of Defense to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 8096.  None of the funds appropriated or otherwise 
     made available by this Act may be used by the Department of 
     Defense or a component thereof in contravention of the 
     provisions of section 130h of title 10, United States Code.
       Sec. 8097.  Appropriations available to the Department of 
     Defense may be used for the purchase of heavy and light 
     armored vehicles for the physical security of personnel or 
     for force protection purposes up to a limit of $450,000 per 
     vehicle, notwithstanding price or other limitations 
     applicable to the purchase of passenger carrying vehicles.

                     (including transfer of funds)

       Sec. 8098.  Upon a determination by the Director of 
     National Intelligence that such action is necessary and in 
     the national interest, the Director may, with the approval of 
     the Office of Management and Budget, transfer not to exceed 
     $1,500,000,000 of the funds made available in this Act for 
     the National Intelligence Program:  Provided, That such 
     authority to transfer may not be used unless for higher 
     priority items, based on unforeseen intelligence 
     requirements, than those for which originally appropriated 
     and in no case where the item for which funds are requested 
     has been denied by the Congress:  Provided further, That a 
     request for multiple reprogrammings of funds using authority 
     provided in this section shall be made prior to June 30, 
     2021.
       Sec. 8099.  None of the funds made available by this Act 
     may be used in contravention of the War Powers Resolution (50 
     U.S.C. 1541 et seq.).
       Sec. 8100.  None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     transfer, release, or assist in the transfer or release to or 
     within the United States, its territories, or possessions 
     Khalid Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 8101.  None of the funds appropriated or otherwise 
     made available in this Act may be used to transfer any 
     individual detained at United States Naval Station Guantanamo 
     Bay, Cuba, to the custody or control of the individual's 
     country of origin, any other foreign country, or any other 
     foreign entity except in accordance with section 1034 of the 
     National Defense Authorization Act for Fiscal Year 2016 
     (Public Law 114-92) and section 1035 of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232).
       Sec. 8102. (a) None of the funds appropriated or otherwise 
     made available by this or any other Act may be used by the 
     Secretary of Defense, or any other official or officer of the 
     Department of Defense, to enter into a contract, memorandum 
     of understanding, or cooperative agreement with, or make a 
     grant to, or provide a loan or loan guarantee to 
     Rosoboronexport or any subsidiary of Rosoboronexport.
       (b) The Secretary of Defense may waive the limitation in 
     subsection (a) if the Secretary, in consultation with the 
     Secretary of State and the Director of National Intelligence, 
     determines that it is in the vital national security interest 
     of the United States to do so, and certifies in writing to 
     the congressional defense committees that--
       (1) Rosoboronexport has ceased the transfer of lethal 
     military equipment to, and the maintenance of existing lethal 
     military equipment for, the Government of the Syrian Arab 
     Republic;
       (2) the armed forces of the Russian Federation have 
     withdrawn from Crimea, other than armed forces present on 
     military bases subject to agreements in force between the 
     Government of the Russian Federation and the Government of 
     Ukraine; and
       (3) agents of the Russian Federation have ceased taking 
     active measures to destabilize the control of the Government 
     of Ukraine over eastern Ukraine.
       (c) The Inspector General of the Department of Defense 
     shall conduct a review of any action involving 
     Rosoboronexport with respect to a waiver issued by the 
     Secretary of Defense pursuant to subsection (b), and not 
     later than 90 days after the date on which such a waiver is 
     issued by the Secretary of Defense, the Inspector General 
     shall submit to the congressional defense committees a report 
     containing the results of the review conducted with respect 
     to such waiver.
       Sec. 8103.  None of the funds made available in this Act 
     may be used for the purchase or manufacture of a flag of the 
     United States unless such flags are treated as covered items 
     under section 2533a(b) of title 10, United States Code.
       Sec. 8104. (a) None of the funds appropriated or otherwise 
     made available in this or any other Act may be used to 
     construct, acquire, or modify any facility in the United 
     States, its territories, or possessions to house any 
     individual described in subsection (c) for the purposes of 
     detention or imprisonment in the custody or under the 
     effective control of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 8105.  Of the amounts appropriated in this Act for 
     ``Shipbuilding and Conversion, Navy'', $60,000,000, to remain 
     available for obligation until September 30, 2025, may be 
     used for the purchase of two used sealift vessels for the 
     National Defense Reserve Fleet, established under section 11 
     of the Merchant Ship Sales Act of 1946 (46 U.S.C. 57100):  
     Provided, That such amounts are available for reimbursements 
     to the Ready Reserve Force, Maritime Administration account 
     of the United States Department of Transportation for 
     programs, projects, activities, and expenses related to the 
     National Defense Reserve Fleet:  Provided further, That 
     notwithstanding 10 U.S.C. 2218 (National Defense Sealift 
     Fund), none of these funds shall be transferred to the 
     National Defense Sealift Fund for execution.
       Sec. 8106.  The Secretary of Defense shall post grant 
     awards on a public website in a searchable format.
       Sec. 8107.  If the Secretary of a military department 
     reduces each research, development, test and evaluation, and 
     procurement account of the military department pursuant to 
     paragraph (1) of section 828(d) of the National Defense 
     Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 
     U.S.C. 2430 note), the Secretary shall allocate the reduction 
     determined under paragraph (2) of such section 828(d) 
     proportionally from all programs, projects, or activities 
     under such account:  Provided, That the authority under 
     section 804(d)(2) of the National Defense Authorization Act 
     for Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note) 
     to transfer amounts available in the Rapid Prototyping Fund 
     shall be subject to section 8005 or 9002 of this Act, as 
     applicable.
       Sec. 8108.  None of the funds made available by this Act 
     may be used by the National Security Agency to--
       (1) conduct an acquisition pursuant to section 702 of the 
     Foreign Intelligence Surveillance Act of 1978 for the purpose 
     of targeting a United States person; or
       (2) acquire, monitor, or store the contents (as such term 
     is defined in section 2510(8) of title 18, United States 
     Code) of any electronic communication of a United States 
     person from a provider of electronic communication services 
     to the public pursuant to section 501 of the Foreign 
     Intelligence Surveillance Act of 1978.
       Sec. 8109.  None of the funds made available in this or any 
     other Act may be used to pay the salary of any officer or 
     employee of any agency funded by this Act who approves or 
     implements the transfer of administrative responsibilities or 
     budgetary resources of any program, project, or activity 
     financed by this Act to the jurisdiction of another Federal 
     agency not financed by this Act without the express 
     authorization of Congress:  Provided, That this limitation 
     shall not apply to transfers of funds expressly provided for 
     in Defense Appropriations Acts, or provisions of Acts 
     providing supplemental appropriations for the Department of 
     Defense.
       Sec. 8110.  Of the amounts appropriated in this Act for 
     ``Operation and Maintenance, Navy'', $376,029,000, to remain 
     available until expended, may be used for any purposes 
     related to the National Defense Reserve Fleet established 
     under section 11 of the Merchant Ship Sales Act of 1946 (46 
     U.S.C. 57100):  Provided, That such amounts are available for 
     reimbursements to the Ready Reserve Force, Maritime 
     Administration account of the United States Department of 
     Transportation for programs, projects, activities, and 
     expenses related to the National Defense Reserve Fleet.
       Sec. 8111.  None of the funds made available in this Act 
     may be obligated for activities authorized under section 1208 
     of the Ronald W. Reagan National Defense Authorization Act 
     for Fiscal Year 2005 (Public Law 112-81; 125 Stat. 1621) to 
     initiate support for, or expand support to, foreign forces, 
     irregular forces, groups, or individuals unless the 
     congressional defense committees are notified in accordance 
     with the direction contained in the classified annex 
     accompanying this Act, not less than 15 days before 
     initiating such support:  Provided, That none of the funds 
     made available in this Act may be used under section 1208 for 
     any activity that is not in support of an ongoing military 
     operation being conducted by United States Special Operations 
     Forces to combat terrorism:  Provided further, That the 
     Secretary of Defense may waive the prohibitions in this 
     section if the Secretary determines that such waiver is 
     required by extraordinary circumstances and, by not later 
     than 72 hours after making such waiver, notifies the 
     congressional defense committees of such waiver.
       Sec. 8112.  The Secretary of Defense, in consultation with 
     the Service Secretaries, shall submit a report to the 
     congressional defense committees, not later than 180 days 
     after the enactment of this Act, detailing the submission of

[[Page H7364]]

     records during the previous 12 months to databases accessible 
     to the National Instant Criminal Background Check System 
     (NICS), including the Interstate Identification Index (III), 
     the National Crime Information Center (NCIC), and the NICS 
     Index, as required by Public Law 110-180:  Provided, That 
     such report shall provide the number and category of records 
     submitted by month to each such database, by Service or 
     Component:  Provided further, That such report shall identify 
     the number and category of records submitted by month to 
     those databases for which the Identification for Firearm 
     Sales (IFFS) flag or other database flags were used to pre-
     validate the records and indicate that such persons are 
     prohibited from receiving or possessing a firearm:  Provided 
     further, That such report shall describe the steps taken 
     during the previous 12 months, by Service or Component, to 
     ensure complete and accurate submission and appropriate 
     flagging of records of individuals prohibited from gun 
     possession or receipt pursuant to 18 U.S.C. 922(g) or (n) 
     including applicable records involving proceedings under the 
     Uniform Code of Military Justice.
       Sec. 8113. (a) None of the funds provided in this Act for 
     the TAO Fleet Oiler program shall be used to award a new 
     contract that provides for the acquisition of the following 
     components unless those components are manufactured in the 
     United States: Auxiliary equipment (including pumps) for 
     shipboard services; propulsion equipment (including engines, 
     reduction gears, and propellers); shipboard cranes; and 
     spreaders for shipboard cranes.
       (b) None of the funds provided in this Act for the FFG(X) 
     Frigate program shall be used to award a new contract that 
     provides for the acquisition of the following components 
     unless those components are manufactured in the United 
     States: Air circuit breakers; gyrocompasses; electronic 
     navigation chart systems; steering controls; pumps; 
     propulsion and machinery control systems; totally enclosed 
     lifeboats; auxiliary equipment pumps; shipboard cranes; 
     auxiliary chill water systems; and propulsion propellers:  
     Provided, That the Secretary of the Navy shall incorporate 
     United States manufactured propulsion engines and propulsion 
     reduction gears into the FFG(X) Frigate program beginning not 
     later than with the eleventh ship of the program.
       Sec. 8114.  No amounts credited or otherwise made available 
     in this or any other Act to the Department of Defense 
     Acquisition Workforce Development Account may be transferred 
     to:
       (1) the Rapid Prototyping Fund established under section 
     804(d) of the National Defense Authorization Act for Fiscal 
     Year 2016 (10 U.S.C. 2302 note); or
       (2) credited to a military-department specific fund 
     established under section 804(d)(2) of the National Defense 
     Authorization Act for Fiscal Year 2016 (as amended by section 
     897 of the National Defense Authorization Act for Fiscal Year 
     2017).
       Sec. 8115.  None of the funds made available by this Act 
     may be used for Government Travel Charge Card expenses by 
     military or civilian personnel of the Department of Defense 
     for gaming, or for entertainment that includes topless or 
     nude entertainers or participants, as prohibited by 
     Department of Defense FMR, Volume 9, Chapter 3 and Department 
     of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).
       Sec. 8116. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network is designed to block access to 
     pornography websites.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities, or 
     for any activity necessary for the national defense, 
     including intelligence activities.
       Sec. 8117.  None of the funds appropriated by this Act may 
     be made available to deliver F-35 air vehicles or any other 
     F-35 weapon system equipment to the Republic of Turkey, 
     except in accordance with section 1245 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).
       Sec. 8118.  In addition to amounts provided elsewhere in 
     this Act, there is appropriated $284,000,000, for an 
     additional amount for ``Operation and Maintenance, Defense-
     Wide'', to remain available until expended:  Provided, That 
     such funds shall only be available to the Secretary of 
     Defense, acting through the Office of Economic Adjustment of 
     the Department of Defense, or for transfer to the Secretary 
     of Education, notwithstanding any other provision of law, to 
     make grants, conclude cooperative agreements, or supplement 
     other Federal funds to construct, renovate, repair, or expand 
     elementary and secondary public schools on military 
     installations in order to address capacity or facility 
     condition deficiencies at such schools:  Provided further, 
     That in making such funds available, the Office of Economic 
     Adjustment or the Secretary of Education shall give priority 
     consideration to those military installations with schools 
     having the most serious capacity or facility condition 
     deficiencies as determined by the Secretary of Defense:  
     Provided further, That as a condition of receiving funds 
     under this section a local educational agency or State shall 
     provide a matching share as described in the notice titled 
     ``Department of Defense Program for Construction, Renovation, 
     Repair or Expansion of Public Schools Located on Military 
     Installations'' published by the Department of Defense in the 
     Federal Register on September 9, 2011 (76 Fed. Reg. 55883 et 
     seq.):  Provided further, That these provisions apply to 
     funds provided under this section, and to funds previously 
     provided by Congress to construct, renovate, repair, or 
     expand elementary and secondary public schools on military 
     installations in order to address capacity or facility 
     condition deficiencies at such schools to the extent such 
     funds remain unobligated on the date of enactment of this 
     section.
       Sec. 8119.  In carrying out the program described in the 
     memorandum on the subject of ``Policy for Assisted 
     Reproductive Services for the Benefit of Seriously or 
     Severely Ill/Injured (Category II or III) Active Duty Service 
     Members'' issued by the Assistant Secretary of Defense for 
     Health Affairs on April 3, 2012, and the guidance issued to 
     implement such memorandum, the Secretary of Defense shall 
     apply such policy and guidance, except that--
       (1) the limitation on periods regarding embryo 
     cryopreservation and storage set forth in part III(G) and in 
     part IV(H) of such memorandum shall not apply; and
       (2) the term ``assisted reproductive technology'' shall 
     include embryo cryopreservation and storage without 
     limitation on the duration of such cryopreservation and 
     storage.
       Sec. 8120.  None of the funds made available by this Act 
     may be used to carry out the closure or realignment of the 
     United States Naval Station, Guantanamo Bay, Cuba.
       Sec. 8121.  None of the funds provided for, or otherwise 
     made available, in this or any other Act, may be obligated or 
     expended by the Secretary of Defense to provide motorized 
     vehicles, aviation platforms, munitions other than small arms 
     and munitions appropriate for customary ceremonial honors, 
     operational military units, or operational military platforms 
     if the Secretary determines that providing such units, 
     platforms, or equipment would undermine the readiness of such 
     units, platforms, or equipment.
       Sec. 8122.  The Secretary of Defense may obligate and 
     expend funds made available under this Act for procurement or 
     for research, development, test and evaluation for the F-35 
     Joint Strike Fighter to modify up to six F-35 aircraft, 
     including up to two F-35 aircraft of each variant, to a test 
     configuration:  Provided, That the Secretary of Defense 
     shall, with the concurrence of the Secretary of the Air Force 
     and the Secretary of the Navy, notify the congressional 
     defense committees not fewer than 30 days prior to obligating 
     and expending funds under this section:  Provided further, 
     That any transfer of funds pursuant to the authority provided 
     in this section shall be made in accordance with section 8005 
     or 9002 of this Act, as appropriate, if applicable:  Provided 
     further, That aircraft referred to previously in this section 
     are not additional to aircraft referred to in section 8135 of 
     the Department of Defense Appropriations Act, 2019 and 
     section 8126 of the Department of Defense Appropriations Act, 
     2020.
       Sec. 8123.  Amounts appropriated for ``Defense Health 
     Program'' in this Act and hereafter may be obligated to make 
     death gratuity payments, as authorized in subchapter II of 
     chapter 75 of title 10, United States Code, if no 
     appropriation for ``Military Personnel'' is available for 
     obligation for such payments:  Provided, That such 
     obligations may subsequently be recorded against 
     appropriations available for ``Military Personnel''.
       Sec. 8124. (a) None of the funds made available by this or 
     any other Act may be used to enter into a contract, 
     memorandum of understanding, or cooperative agreement with, 
     make a grant to, or provide a loan or loan guarantee to any 
     corporation that has any unpaid Federal tax liability that 
     has been assessed, for which all judicial and administrative 
     remedies have been exhausted or have lapsed, and that is not 
     being paid in a timely manner pursuant to an agreement with 
     the authority responsible for collecting such tax liability, 
     provided that the applicable Federal agency is aware of the 
     unpaid Federal tax liability.
       (b) Subsection (a) shall not apply if the applicable 
     Federal agency has considered suspension or debarment of the 
     corporation described in such subsection and has made a 
     determination that such suspension or debarment is not 
     necessary to protect the interests of the Federal Government.
       Sec. 8125.  During fiscal year 2021, any advance billing 
     for background investigation services and related services 
     purchased from activities financed using Defense Working 
     Capital Funds shall be excluded from the calculation of 
     cumulative advance billings under section 2208(l)(3) of title 
     10, United States Code.
       Sec. 8126.  None of the funds appropriated or otherwise 
     made available by this Act may be used to transfer the 
     National Reconnaissance Office to the Space Force:  Provided, 
     That nothing in this Act shall be construed to limit or 
     prohibit cooperation, collaboration, and coordination between 
     the National Reconnaissance Office and the Space Force or any 
     other elements of the Department of Defense.
       Sec. 8127.  None of the funds appropriated or otherwise 
     made available by this Act may be used to transfer any 
     element of the Department of the Army, the Department of the 
     Navy, or a Department of Defense agency to the Space Force 
     unless, concurrent with the fiscal year 2022 budget 
     submission (as submitted to Congress pursuant to section 1105 
     of title 31, United States Code), the Secretary of Defense 
     provides a report to the Committees on Appropriations of the 
     House of Representatives and the Senate, detailing any plans 
     to transfer appropriate space elements of the Department of 
     the Army, the Department of the Navy, or a Department of 
     Defense agency to the Space Force and certifies in writing to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate that such transfer is 
     consistent with the mission of the Space Force and will not 
     have an adverse impact on the Department or agency from which 
     such element is being transferred:  Provided, That such 
     report shall include fiscal year 2022 budget and future years 
     defense program adjustments associated with such planned 
     transfers.

[[Page H7365]]

       Sec. 8128.  Funds appropriated in titles I and IX of this 
     Act under headings for ``Military Personnel'' may be used for 
     expenses described therein for members of the Space Force on 
     active duty:  Provided, That amounts appropriated under such 
     headings may be used for payments pursuant to section 156 of 
     Public Law 97-377, as amended (42 U.S.C. 402 note), and to 
     the Department of Defense Military Retirement Fund.
       Sec. 8129.  Notwithstanding any other provision of this 
     Act, to reflect savings due to favorable foreign exchange 
     rates, the total amount appropriated in this Act is hereby 
     reduced by $375,000,000.
       Sec. 8130.  Notwithstanding any other provision of this 
     Act, to reflect savings due to lower than anticipated fuel 
     costs, the total amount appropriated in this Act is hereby 
     reduced by $1,700,362,000.
       Sec. 8131. (a) Amounts appropriated under title IV of this 
     Act, as detailed in budget activity eight of the tables in 
     the explanatory statement regarding this Act, may be used for 
     expenses for the agile research, development, test and 
     evaluation, procurement, production, modification, and 
     operation and maintenance, only for the following Software 
     and Digital Technology Pilot programs--
       (1) Defensive Cyber Operations Army (PE 0608041A);
       (2) Risk Management Information (PE 0608013N);
       (3) Maritime Tactical Command Control (PE 0608231N);
       (4) Space Command and Control (PE 1203614SF);
       (5) National Background Investigation Services (PE 
     0608197V);
       (6) Global Command and Control System-Joint (PE 0308150K);
       (7) Algorithmic Warfare Cross Functional Team (PE 
     0308588D8Z); and
       (8) Acquisition visibility (PE 0608648D8Z).
       (b) None of the funds appropriated by this or prior 
     Department of Defense Appropriations Acts may be obligated or 
     expended to initiate additional Software and Digital 
     Technology Pilot Programs in fiscal year 2021.
       Sec. 8132. (a) In addition to amounts otherwise made 
     available in this Act, there is appropriated $100,000,000 to 
     the Under Secretary of Defense (Acquisition and Sustainment), 
     to remain available until expended.
       (b) The funds provided by subsection (a) shall be available 
     to the Under Secretary of Defense (Acquisition and 
     Sustainment), in coordination with the Assistant Secretary of 
     the Army (Acquisition, Logistics and Technology) and the 
     Assistant Secretary of the Navy (Research, Development and 
     Acquisition) and the Assistant Secretary of the Air Force 
     (Acquisition, Technology and Logistics), to assess and 
     strengthen the manufacturing and defense industrial base and 
     supply chain resiliency of the United States.
       (c)(1) The Under Secretary of Defense (Comptroller) shall 
     transfer funds provided by subsection (a) to appropriations 
     for operation and maintenance; procurement; and research, 
     development, test and evaluation to accomplish the purposes 
     specified in subsection (b). Such transferred funds shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation to which they are 
     transferred.
       (2) The transfer authority provided by this subsection 
     shall be in addition to any other transfer authority 
     available to the Department of Defense.
       (3) The Under Secretary of Defense (Acquisition and 
     Sustainment) shall, through the Under Secretary of Defense 
     (Comptroller), not less than 30 days prior to making any 
     transfer under this subsection, notify the congressional 
     defense committees in writing of the details of the transfer.
       (d) Funds appropriated by this section may not be 
     transferred to ``Drug Interdiction and Counter-Drug 
     Activities, Defense''.

                      (including transfer of funds)

       Sec. 8133.  In addition to amounts appropriated in title II 
     or otherwise made available elsewhere in this Act, 
     $300,500,000 is hereby appropriated to the Department of 
     Defense and made available for transfer to the operation and 
     maintenance accounts of the Army, Navy, Marine Corps, and Air 
     Force (including National Guard and Reserve) for purposes of 
     improving military readiness:  Provided, That the transfer 
     authority provided under this provision is in addition to any 
     other transfer authority provided elsewhere in this Act.
       Sec. 8134.  None of the funds provided in this Act for 
     requirements development, performance specification 
     development, concept design and development, ship 
     configuration development, systems engineering, naval 
     architecture, marine engineering, operations research 
     analysis, industry studies, preliminary design, development 
     of the Detailed Design and Construction Request for Proposals 
     solicitation package, or related activities for the AS(X) 
     Submarine Tender, T-ARC(X) Cable Laying and Repair Ship, or 
     T-AGOS(X) Oceanographic Surveillance Ship may be used to 
     award a new contract for such activities unless these 
     contracts include specifications that all auxiliary 
     equipment, including pumps and propulsion shafts are 
     manufactured in the United States.
       Sec. 8135.  None of the funds made available by this Act 
     may be obligated or expended for the purpose of 
     decommissioning the USS Fort Worth or the USS Coronado.
       Sec. 8136.  Of the amounts appropriated in this Act under 
     the heading ``Operation and Maintenance, Defense-Wide'', 
     $50,000,000, to remain available until September 30, 2022:  
     Provided, That such funds shall only be available to the 
     Secretary of Defense, acting through the Office of Economic 
     Adjustment of the Department of Defense, to make grants to 
     communities impacted by military aviation noise for the 
     purpose of installing noise mitigating insulation at covered 
     facilities:  Provided further, That, to be eligible to 
     receive a grant under the program, a community must enter 
     into an agreement with the Secretary under which the 
     community prioritizes the use of funds for the installation 
     of noise mitigation at covered facilities in the community:  
     Provided further, That as a condition of receiving funds 
     under this section a State or local entity shall provide a 
     matching share of ten percent:  Provided further, That grants 
     under the program may be used to meet the Federal match 
     requirement under the airport improvement program established 
     under subchapter I of chapter 471 and subchapter I of chapter 
     475 of title 49, United States Code:  Provided further, That, 
     in carrying out the program, the Secretary of Defense shall 
     coordinate with the Secretary of Transportation to minimize 
     duplication of efforts with any other noise mitigation 
     program compliant with part 150 of title 14, Code of Federal 
     Regulations:  Provided further, That, in this section, the 
     term ``covered facilities'' means hospitals, daycare 
     facilities, schools, facilities serving senior citizens, and 
     private residences that are located within one mile or a day-
     night average sound level of 65 or greater of a military 
     installation or another location at which military aircraft 
     are stationed or are located in an area impacted by military 
     aviation noise within one mile or a day-night average sound 
     level of 65 or greater, as determined by the Department of 
     Defense or Federal Aviation Administration noise modeling 
     programs.
       Sec. 8137.  None of the funds appropriated or otherwise 
     made available by this Act may be obligated or expended for 
     the lease of an icebreaking vessel unless such obligation or 
     expenditure is compliant with section 1301 of title 31, 
     United States Code, and related statutes and is made pursuant 
     to a contract awarded using full and open competitive 
     procedures or procedures authorized by section 2304(c)(6) of 
     title 10, United States Code.
       Sec. 8138.  Amounts appropriated or otherwise made 
     available to the Department of Defense in this Act, may not 
     be obligated or expended for the retirement or divestiture of 
     the RQ-4 Global Hawk Block 30 and Block 40 aircraft:  
     Provided, That the Secretary of the Air Force is prohibited 
     from deactivating the corresponding squadrons responsible for 
     the operations of the aforementioned aircraft.

                                TITLE IX

                    OVERSEAS CONTINGENCY OPERATIONS

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $2,748,033,000:  Provided, That such amount is designated by 
     the Congress for Overseas Contingency Operations/Global War 
     on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $382,286,000:  Provided, That such amount is designated by 
     the Congress for Overseas Contingency Operations/Global War 
     on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $129,943,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     Military Personnel, Air Force

       For an additional amount for ``Military Personnel, Air 
     Force'', $1,077,168,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Reserve Personnel, Army

       For an additional amount for ``Reserve Personnel, Army'', 
     $33,414,000:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $11,771,000:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Reserve Personnel, Marine Corps

       For an additional amount for ``Reserve Personnel, Marine 
     Corps'', $2,048,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                      Reserve Personnel, Air Force

       For an additional amount for ``Reserve Personnel, Air 
     Force'', $16,816,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     National Guard Personnel, Army

       For an additional amount for ``National Guard Personnel, 
     Army'', $195,314,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section

[[Page H7366]]

     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  National Guard Personnel, Air Force

       For an additional amount for ``National Guard Personnel, 
     Air Force'', $5,800,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $17,497,254,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $11,568,363,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $1,108,667,000:  Provided, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $18,432,020,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                 Operation and Maintenance, Space Force

       For an additional amount for ``Operation and Maintenance, 
     Space Force'', $77,115,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Defense-Wide

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $6,041,898,000:  Provided, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $33,399,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                Operation and Maintenance, Navy Reserve

       For an additional amount for ``Operation and Maintenance, 
     Navy Reserve'', $21,492,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $8,707,000:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $30,090,000:  Provided, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $79,792,000:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $175,642,000:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Afghanistan Security Forces Fund

       For the ``Afghanistan Security Forces Fund'', 
     $3,047,612,000, to remain available until September 30, 2022: 
      Provided, That such funds shall be available to the 
     Secretary of Defense for the purpose of allowing the 
     Commander, Combined Security Transition Command--Afghanistan, 
     or the Secretary's designee, to provide assistance, with the 
     concurrence of the Secretary of State, to the security forces 
     of Afghanistan, including the provision of equipment, 
     supplies, services, training, facility and infrastructure 
     repair, renovation, construction, and funding:  Provided 
     further, That the Secretary of Defense may obligate and 
     expend funds made available to the Department of Defense in 
     this title for additional costs associated with existing 
     projects previously funded with amounts provided under the 
     heading ``Afghanistan Infrastructure Fund'' in prior Acts:  
     Provided further, That such costs shall be limited to 
     contract changes resulting from inflation, market 
     fluctuation, rate adjustments, and other necessary contract 
     actions to complete existing projects, and associated 
     supervision and administration costs and costs for design 
     during construction:  Provided further, That the Secretary 
     may not use more than $50,000,000 under the authority 
     provided in this section:  Provided further, That the 
     Secretary shall notify in advance such contract changes and 
     adjustments in annual reports to the congressional defense 
     committees:  Provided further, That the authority to provide 
     assistance under this heading is in addition to any other 
     authority to provide assistance to foreign nations:  Provided 
     further, That contributions of funds for the purposes 
     provided herein from any person, foreign government, or 
     international organization may be credited to this Fund, to 
     remain available until expended, and used for such purposes:  
     Provided further, That the Secretary of Defense shall notify 
     the congressional defense committees in writing upon the 
     receipt and upon the obligation of any contribution, 
     delineating the sources and amounts of the funds received and 
     the specific use of such contributions:  Provided further, 
     That the Secretary of Defense shall, not fewer than 15 days 
     prior to obligating from this appropriation account, notify 
     the congressional defense committees in writing of the 
     details of any such obligation:  Provided further, That the 
     Secretary of Defense shall notify the congressional defense 
     committees of any proposed new projects or activities, or 
     transfer of funds between budget sub-activity groups in 
     excess of $20,000,000:  Provided further, That the United 
     States may accept equipment procured using funds provided 
     under this heading in this or prior Acts that was transferred 
     to the security forces of Afghanistan and returned by such 
     forces to the United States:  Provided further, That 
     equipment procured using funds provided under this heading in 
     this or prior Acts, and not yet transferred to the security 
     forces of Afghanistan or transferred to the security forces 
     of Afghanistan and returned by such forces to the United 
     States, may be treated as stocks of the Department of Defense 
     upon written notification to the congressional defense 
     committees:  Provided further, That of the funds provided 
     under this heading, not less than $20,000,000 shall be for 
     recruitment and retention of women in the Afghanistan 
     National Security Forces, and the recruitment and training of 
     female security personnel:  Provided further, That funds 
     appropriated under this heading and made available for the 
     salaries and benefits of personnel of the Afghanistan 
     Security Forces may only be used for personnel who are 
     enrolled in the Afghanistan Personnel and Pay System:  
     Provided further, That funds appropriated under this heading 
     for the Afghanistan Security Forces may only be obligated if 
     the Secretary of Defense, in consultation with the Secretary 
     of State, certifies in writing to the congressional defense 
     committees that such forces are controlled by a civilian, 
     representative government that is committed to protecting 
     human rights and women's rights and preventing terrorists and 
     terrorist groups from using the territory of Afghanistan to 
     threaten the security of the United States and United States 
     allies:  Provided further, That such amount is designated by 
     the Congress for Overseas Contingency Operations/Global War 
     on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                   Counter-Isis Train and Equip Fund

       For the ``Counter-Islamic State of Iraq and Syria Train and 
     Equip Fund'', $710,000,000, to remain available until 
     September 30, 2022:  Provided, That such funds shall be 
     available to the Secretary of Defense in coordination with 
     the Secretary of State, to provide assistance, including 
     training; equipment; logistics support, supplies, and 
     services; stipends; infrastructure repair and renovation; 
     construction for facility fortification and humane treatment; 
     and sustainment, to foreign security forces, irregular 
     forces, groups, or individuals participating, or preparing to 
     participate in activities to counter the Islamic State of 
     Iraq and Syria, and their affiliated or associated groups:  
     Provided further, That amounts made available under this 
     heading shall be available to provide assistance only for 
     activities in a country designated by the Secretary of 
     Defense, in coordination with the Secretary of State, as 
     having a security mission to counter the Islamic State of 
     Iraq and Syria, and following written notification to the 
     congressional defense committees of such designation:  
     Provided further, That the Secretary of Defense shall ensure 
     that prior to providing assistance to elements of any forces 
     or individuals, such elements or individuals are 
     appropriately vetted, including at a minimum, assessing such 
     elements for associations with terrorist groups or groups 
     associated with the Government of Iran; and receiving 
     commitments from such elements to promote respect for human 
     rights and the rule of law:  Provided further, That the 
     Secretary of Defense shall, not fewer than 15 days prior to 
     obligating from this appropriation account, notify the 
     congressional defense committees in writing of the details of 
     any such obligation:  Provided further, That the Secretary of 
     Defense may accept and retain contributions, including 
     assistance in-kind, from foreign governments, including the 
     Government of Iraq and other entities, to carry out 
     assistance authorized under this heading:  Provided

[[Page H7367]]

     further, That contributions of funds for the purposes 
     provided herein from any foreign government or other entity 
     may be credited to this Fund, to remain available until 
     expended, and used for such purposes:  Provided further, That 
     the Secretary of Defense shall prioritize such contributions 
     when providing any assistance for construction for facility 
     fortification:  Provided further, That the Secretary of 
     Defense may waive a provision of law relating to the 
     acquisition of items and support services or sections 40 and 
     40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) 
     if the Secretary determines that such provision of law would 
     prohibit, restrict, delay or otherwise limit the provision of 
     such assistance and a notice of and justification for such 
     waiver is submitted to the congressional defense committees, 
     the Committees on Appropriations and Foreign Relations of the 
     Senate and the Committees on Appropriations and Foreign 
     Affairs of the House of Representatives:  Provided further, 
     That the United States may accept equipment procured using 
     funds provided under this heading, or under the heading, 
     ``Iraq Train and Equip Fund'' in prior Acts, that was 
     transferred to security forces, irregular forces, or groups 
     participating, or preparing to participate in activities to 
     counter the Islamic State of Iraq and Syria and returned by 
     such forces or groups to the United States, and such 
     equipment may be treated as stocks of the Department of 
     Defense upon written notification to the congressional 
     defense committees:  Provided further, That equipment 
     procured using funds provided under this heading, or under 
     the heading, ``Iraq Train and Equip Fund'' in prior Acts, and 
     not yet transferred to security forces, irregular forces, or 
     groups participating, or preparing to participate in 
     activities to counter the Islamic State of Iraq and Syria may 
     be treated as stocks of the Department of Defense when 
     determined by the Secretary to no longer be required for 
     transfer to such forces or groups and upon written 
     notification to the congressional defense committees:  
     Provided further, That the Secretary of Defense shall provide 
     quarterly reports to the congressional defense committees on 
     the use of funds provided under this heading, including, but 
     not limited to, the number of individuals trained, the nature 
     and scope of support and sustainment provided to each group 
     or individual, the area of operations for each group, and the 
     contributions of other countries, groups, or individuals:  
     Provided further, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                              PROCUREMENT

                       Aircraft Procurement, Army

       For an additional amount for ``Aircraft Procurement, 
     Army'', $595,112,000, to remain available until September 30, 
     2023:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       Missile Procurement, Army

       For an additional amount for ``Missile Procurement, Army'', 
     $796,599,000, to remain available until September 30, 2023:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

        Procurement of Weapons and Tracked Combat Vehicles, Army

       For an additional amount for ``Procurement of Weapons and 
     Tracked Combat Vehicles, Army'', $15,225,000, to remain 
     available until September 30, 2023:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                    Procurement of Ammunition, Army

       For an additional amount for ``Procurement of Ammunition, 
     Army'', $103,875,000, to remain available until September 30, 
     2023:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Other Procurement, Army

       For an additional amount for ``Other Procurement, Army'', 
     $924,823,000, to remain available until September 30, 2023:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       Aircraft Procurement, Navy

       For an additional amount for ``Aircraft Procurement, 
     Navy'', $32,905,000, to remain available until September 30, 
     2023:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       Weapons Procurement, Navy

       For an additional amount for ``Weapons Procurement, Navy'', 
     $5,572,000, to remain available until September 30, 2023:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

            Procurement of Ammunition, Navy and Marine Corps

       For an additional amount for ``Procurement of Ammunition, 
     Navy and Marine Corps'', $77,424,000, to remain available 
     until September 30, 2023:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                        Other Procurement, Navy

       For an additional amount for ``Other Procurement, Navy'', 
     $341,612,000, to remain available until September 30, 2023:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                       Procurement, Marine Corps

       For an additional amount for ``Procurement, Marine Corps'', 
     $47,963,000, to remain available until September 30, 2023:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                    Aircraft Procurement, Air Force

       For an additional amount for ``Aircraft Procurement, Air 
     Force'', $772,738,000, to remain available until September 
     30, 2023:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     Missile Procurement, Air Force

       For an additional amount for ``Missile Procurement, Air 
     Force'', $223,772,000, to remain available until September 
     30, 2023:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                  Procurement of Ammunition, Air Force

       For an additional amount for ``Procurement of Ammunition, 
     Air Force'', $785,617,000, to remain available until 
     September 30, 2023:  Provided, That such amount is designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                      Other Procurement, Air Force

       For an additional amount for ``Other Procurement, Air 
     Force'', $355,339,000, to remain available until September 
     30, 2023:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                       Procurement, Defense-Wide

       For an additional amount for ``Procurement, Defense-Wide'', 
     $342,137,000, to remain available until September 30, 2023:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

              NATIONAL GUARD AND RESERVE EQUIPMENT ACCOUNT

       For procurement of rotary-wing aircraft; combat, tactical 
     and support vehicles; other weapons; and other procurement 
     items for the reserve components of the Armed Forces, 
     $950,000,000, to remain available for obligation until 
     September 30, 2023:  Provided, That the Chiefs of National 
     Guard and Reserve components shall, not later than 30 days 
     after enactment of this Act, individually submit to the 
     congressional defense committees the modernization priority 
     assessment for their respective National Guard or Reserve 
     component:  Provided further, That none of the funds made 
     available by this paragraph may be used to procure manned 
     fixed wing aircraft, or procure or modify missiles, 
     munitions, or ammunition:  Provided further, That such amount 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

               RESEARCH, DEVELOPMENT, TEST AND EVALUATION

            Research, Development, Test and Evaluation, Army

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Army'', $175,824,000, to remain available 
     until September 30, 2022:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

            Research, Development, Test and Evaluation, Navy

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Navy'', $59,562,000, to remain available 
     until September 30, 2022:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

         Research, Development, Test and Evaluation, Air Force

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Air Force'', $5,304,000, to remain available 
     until September

[[Page H7368]]

     30, 2022:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

        Research, Development, Test and Evaluation, Defense-Wide

       For an additional amount for ``Research, Development, Test 
     and Evaluation, Defense-Wide'', $80,818,000, to remain 
     available until September 30, 2022:  Provided, That such 
     amount is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     REVOLVING AND MANAGEMENT FUNDS

                     Defense Working Capital Funds

       For an additional amount for ``Defense Working Capital 
     Funds'', $20,090,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program'', 
     $365,098,000, which shall be for operation and maintenance:  
     Provided, That such amount is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                    Office of the Inspector General

       For an additional amount for the ``Office of the Inspector 
     General'', $24,069,000:  Provided, That such amount is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 9001.  Notwithstanding any other provision of law, 
     funds made available in this title are in addition to amounts 
     appropriated or otherwise made available for the Department 
     of Defense for fiscal year 2021.

                     (including transfer of funds)

       Sec. 9002.  Upon the determination of the Secretary of 
     Defense that such action is necessary in the national 
     interest, the Secretary may, with the approval of the Office 
     of Management and Budget, transfer up to $2,000,000,000 
     between the appropriations or funds made available to the 
     Department of Defense in this title:  Provided, That the 
     Secretary shall notify the Congress promptly of each transfer 
     made pursuant to the authority in this section:  Provided 
     further, That the authority provided in this section is in 
     addition to any other transfer authority available to the 
     Department of Defense and is subject to the same terms and 
     conditions as the authority provided in section 8005 of this 
     Act.
       Sec. 9003.  Supervision and administration costs and costs 
     for design during construction associated with a construction 
     project funded with appropriations available for operation 
     and maintenance or the ``Afghanistan Security Forces Fund'' 
     provided in this Act and executed in direct support of 
     overseas contingency operations in Afghanistan, may be 
     obligated at the time a construction contract is awarded:  
     Provided, That, for the purpose of this section, supervision 
     and administration costs and costs for design during 
     construction include all in-house Government costs.
       Sec. 9004.  From funds made available in this title, the 
     Secretary of Defense may purchase for use by military and 
     civilian employees of the Department of Defense in the United 
     States Central Command area of responsibility: (1) passenger 
     motor vehicles up to a limit of $75,000 per vehicle; and (2) 
     heavy and light armored vehicles for the physical security of 
     personnel or for force protection purposes up to a limit of 
     $450,000 per vehicle, notwithstanding price or other 
     limitations applicable to the purchase of passenger carrying 
     vehicles.
       Sec. 9005.  Not to exceed $2,000,000 of the amounts 
     appropriated by this title under the heading ``Operation and 
     Maintenance, Army'' may be used, notwithstanding any other 
     provision of law, to fund the Commanders' Emergency Response 
     Program (CERP), for the purpose of enabling military 
     commanders in Afghanistan to respond to urgent, small-scale, 
     humanitarian relief and reconstruction requirements within 
     their areas of responsibility:  Provided, That each project 
     (including any ancillary or related elements in connection 
     with such project) executed under this authority shall not 
     exceed $500,000:  Provided further, That not later than 45 
     days after the end of each 6 months of the fiscal year, the 
     Secretary of Defense shall submit to the congressional 
     defense committees a report regarding the source of funds and 
     the allocation and use of funds during that 6-month period 
     that were made available pursuant to the authority provided 
     in this section or under any other provision of law for the 
     purposes described herein.
       Sec. 9006.  Funds available to the Department of Defense 
     for operation and maintenance may be used, notwithstanding 
     any other provision of law, to provide supplies, services, 
     transportation, including airlift and sealift, and other 
     logistical support to allied forces participating in a 
     combined operation with the armed forces of the United States 
     and coalition forces supporting military and stability 
     operations in Afghanistan and to counter the Islamic State of 
     Iraq and Syria:  Provided, That the Secretary of Defense 
     shall provide quarterly reports to the congressional defense 
     committees regarding support provided under this section.
       Sec. 9007.  None of the funds appropriated or otherwise 
     made available by this or any other Act shall be obligated or 
     expended by the United States Government for a purpose as 
     follows:
       (1) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Iraq.
       (2) To exercise United States control over any oil resource 
     of Iraq or Syria.
       (3) To establish any military installation or base for the 
     purpose of providing for the permanent stationing of United 
     States Armed Forces in Afghanistan.
       Sec. 9008.  None of the funds made available in this Act 
     may be used in contravention of the following laws enacted or 
     regulations promulgated to implement the United Nations 
     Convention Against Torture and Other Cruel, Inhuman or 
     Degrading Treatment or Punishment (done at New York on 
     December 10, 1984):
       (1) Section 2340A of title 18, United States Code.
       (2) Section 2242 of the Foreign Affairs Reform and 
     Restructuring Act of 1998 (division G of Public Law 105-277; 
     112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations 
     prescribed thereto, including regulations under part 208 of 
     title 8, Code of Federal Regulations, and part 95 of title 
     22, Code of Federal Regulations.
       (3) Sections 1002 and 1003 of the Department of Defense, 
     Emergency Supplemental Appropriations to Address Hurricanes 
     in the Gulf of Mexico, and Pandemic Influenza Act, 2006 
     (Public Law 109-148).
       Sec. 9009.  None of the funds provided for the 
     ``Afghanistan Security Forces Fund'' (ASFF) may be obligated 
     prior to the approval of a financial and activity plan by the 
     Afghanistan Resources Oversight Council (AROC) of the 
     Department of Defense:  Provided, That the AROC must approve 
     the requirement and acquisition plan for any service 
     requirements in excess of $50,000,000 annually and any non-
     standard equipment requirements in excess of $100,000,000 
     using ASFF:  Provided further, That the Department of Defense 
     must certify to the congressional defense committees that the 
     AROC has convened and approved a process for ensuring 
     compliance with the requirements in the preceding proviso and 
     accompanying report language for the ASFF.
       Sec. 9010.  Funds made available in this title to the 
     Department of Defense for operation and maintenance may be 
     used to purchase items having an investment unit cost of not 
     more than $250,000:  Provided, That, upon determination by 
     the Secretary of Defense that such action is necessary to 
     meet the operational requirements of a Commander of a 
     Combatant Command engaged in contingency operations overseas, 
     such funds may be used to purchase items having an investment 
     item unit cost of not more than $500,000.
       Sec. 9011.  Up to $500,000,000 of funds appropriated by 
     this Act for the Defense Security Cooperation Agency in 
     ``Operation and Maintenance, Defense-Wide'' may be used to 
     provide assistance to the Government of Jordan to support the 
     armed forces of Jordan and to enhance security along its 
     borders.
       Sec. 9012.  None of the funds made available by this Act 
     under the headings ``Afghanistan Security Forces Fund'' and 
     ``Counter-ISIS Train and Equip Fund'', and under the heading 
     ``Operation and Maintenance, Defense-Wide'' for Department of 
     Defense security cooperation grant programs, may be used to 
     procure or transfer man-portable air defense systems.
       Sec. 9013.  Of the amounts appropriated in this title under 
     the heading ``Operation and Maintenance, Defense-Wide'', for 
     the Defense Security Cooperation Agency, $275,000,000, of 
     which $137,500,000 to remain available until September 30, 
     2022 shall be for the Ukraine Security Assistance Initiative: 
      Provided, That such funds shall be available to the 
     Secretary of Defense, in coordination with the Secretary of 
     State, to provide assistance, including training; equipment; 
     lethal assistance; logistics support, supplies and services; 
     sustainment; and intelligence support to the military and 
     national security forces of Ukraine, and for replacement of 
     any weapons or articles provided to the Government of Ukraine 
     from the inventory of the United States:  Provided further, 
     That the Secretary of Defense shall, not less than 15 days 
     prior to obligating funds made available in this section, 
     notify the congressional defense committees in writing of the 
     details of any such obligation:  Provided further, That the 
     Secretary of Defense shall, not more than 60 days after such 
     notification is made, inform such committees if such funds 
     have not been obligated and the reasons therefor:  Provided 
     further, That the United States may accept equipment procured 
     using funds made available in this section in this or prior 
     Acts that was transferred to the security forces of Ukraine 
     and returned by such forces to the United States:  Provided 
     further, That equipment procured using funds made available 
     in this section in this or prior Acts, and not yet 
     transferred to the military or National Security Forces of 
     Ukraine or returned by such forces to the United States, may 
     be treated as stocks of the Department of Defense upon 
     written notification to the congressional defense committees: 
      Provided further, That the Secretary of Defense shall 
     provide quarterly reports to the Committees on Appropriations 
     of the House of Representatives and the Senate on the use and 
     status of funds made available in this section.
       Sec. 9014.  Funds appropriated in this title shall be 
     available for replacement of funds for items provided to the 
     Government of Ukraine from the inventory of the United States 
     to the extent specifically provided for in section 9013 of 
     this Act.
       Sec. 9015.  None of the funds made available by this Act 
     may be used to provide arms, training, or other assistance to 
     the Azov Battalion.

[[Page H7369]]

       Sec. 9016.  Equipment procured using funds provided in 
     prior Acts under the heading ``Counterterrorism Partnerships 
     Fund'' for the program authorized by section 1209 of the Carl 
     Levin and Howard P. ``Buck'' McKeon National Defense 
     Authorization Act for Fiscal Year 2015 (Public Law 113-291), 
     and not yet transferred to authorized recipients may be 
     transferred to foreign security forces, irregular forces, 
     groups, or individuals, authorized to receive assistance 
     using amounts provided under the heading ``Counter-ISIS Train 
     and Equip Fund'' in this Act:  Provided, That such equipment 
     may be transferred 15 days following written notification to 
     the congressional defense committees.
       Sec. 9017.  None of the funds made available by this Act 
     may be used with respect to Iraq in contravention of the War 
     Powers Resolution (50 U.S.C. 1541 et seq.), including for the 
     introduction of United States armed forces into hostilities 
     in Iraq, into situations in Iraq where imminent involvement 
     in hostilities is clearly indicated by the circumstances, or 
     into Iraqi territory, airspace, or waters while equipped for 
     combat, in contravention of the congressional consultation 
     and reporting requirements of sections 3 and 4 of such 
     Resolution (50 U.S.C. 1542 and 1543).
       Sec. 9018.  None of the funds made available by this Act 
     may be used with respect to Syria in contravention of the War 
     Powers Resolution (50 U.S.C. 1541 et seq.), including for the 
     introduction of United States armed or military forces into 
     hostilities in Syria, into situations in Syria where imminent 
     involvement in hostilities is clearly indicated by the 
     circumstances, or into Syrian territory, airspace, or waters 
     while equipped for combat, in contravention of the 
     congressional consultation and reporting requirements of 
     sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
       Sec. 9019.  None of the funds in this Act may be made 
     available for the transfer of additional C-130 cargo aircraft 
     to the Afghanistan National Security Forces or the 
     Afghanistan Air Force.
       Sec. 9020.  Funds made available by this Act under the 
     heading ``Afghanistan Security Forces Fund'' may be used to 
     provide limited training, equipment, and other assistance 
     that would otherwise be prohibited by 10 U.S.C. 362 to a unit 
     of the security forces of Afghanistan only if the Secretary 
     of Defense certifies to the congressional defense committees, 
     within 30 days of a decision to provide such assistance, that 
     (1) a denial of such assistance would present significant 
     risk to United States or coalition forces or significantly 
     undermine United States national security objectives in 
     Afghanistan; and (2) the Secretary has sought a commitment by 
     the Government of Afghanistan to take all necessary 
     corrective steps:  Provided, That such certification shall be 
     accompanied by a report describing: (1) the information 
     relating to the gross violation of human rights; (2) the 
     circumstances that necessitated the provision of such 
     assistance; (3) the Afghan security force unit involved; (4) 
     the assistance provided and the assistance withheld; and (5) 
     the corrective steps to be taken by the Government of 
     Afghanistan:  Provided further, That every 120 days after the 
     initial report an additional report shall be submitted 
     detailing the status of any corrective steps taken by the 
     Government of Afghanistan:  Provided further, That if the 
     Government of Afghanistan has not initiated necessary 
     corrective steps within 1 year of the certification, the 
     authority under this section to provide assistance to such 
     unit shall no longer apply:  Provided further, That the 
     Secretary shall submit a report to such committees detailing 
     the final disposition of the case by the Government of 
     Afghanistan.
       Sec. 9021.  None of the funds made available by this Act 
     may be made available for any member of the Taliban except to 
     support a reconciliation activity that includes the 
     participation of members of the Government of Afghanistan, 
     does not restrict the participation of women, and is 
     authorized by section 1218 of the National Defense 
     Authorization Act for Fiscal Year 2020 (Public Law 116- 92).
       Sec. 9022.  Nothing in this Act may be construed as 
     authorizing the use of force against Iran.

                              (rescissions)

       Sec. 9023.  Of the funds appropriated in Department of 
     Defense Appropriations Acts, the following funds are hereby 
     rescinded from the following accounts and programs in the 
     specified amounts:  Provided, That such amounts are 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', 2019/2021, $90,000,000;
       ``Aircraft Procurement, Air Force'', 2019/2021, 
     $16,400,000;
       ``Operation and Maintenance, Defense-Wide: DSCA Security 
     Cooperation'', 2020/2021, $75,000,000;
       ``Operation and Maintenance, Defense-Wide: Coalition 
     Support Funds'', 2020/2021, $45,000,000;
       ``Afghanistan Security Forces Fund'', 2020/2021, 
     $1,100,000,000;
       ``Counter-ISIS Train and Equip Fund'', 2020/2021, 
     $400,000,000;
       ``Procurement of Weapons and Tracked Combat Vehicles, 
     Army'', 2020/2022, $100,000,000;
       ``Procurement of Ammunition, Air Force'', 2020/2022, 
     $49,679,000;
       ``Research, Development, Test and Evaluation, Army'', 2020/
     2021, $2,878,000; and
       ``Research, Development, Test and Evaluation, Defense-
     Wide'', 2020/2021, $7,165,000.
       Sec. 9024.  Of the amounts appropriated in this title under 
     the heading ``Operation and Maintenance, Defense-Wide'', for 
     the Defense Security Cooperation Agency, $753,603,000, to 
     remain available until September 30, 2022, shall be available 
     for International Security Cooperation Programs and other 
     programs to provide support and assistance to foreign 
     security forces or other groups or individuals to conduct, 
     support or facilitate counterterrorism, crisis response, or 
     building partner capacity programs:  Provided, That the 
     Secretary of Defense shall, not less than 15 days prior to 
     obligating funds made available in this section, notify the 
     congressional defense committees in writing of the details of 
     any planned obligation:  Provided further, That the Secretary 
     of Defense shall provide quarterly reports to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate on the use and status of funds made available in this 
     section.
       Sec. 9025.  Of the amounts appropriated in this title under 
     the heading ``Operation and Maintenance, Defense-Wide'', for 
     the Defense Security Cooperation Agency, $100,000,000, to 
     remain available until September 30, 2022, shall be for 
     payments to reimburse key cooperating nations for logistical, 
     military, and other support, including access, provided to 
     United States military and stability operations in 
     Afghanistan and to counter the Islamic State of Iraq and 
     Syria:  Provided, That such reimbursement payments may be 
     made in such amounts as the Secretary of Defense, with the 
     concurrence of the Secretary of State, and in consultation 
     with the Director of the Office of Management and Budget, may 
     determine, based on documentation determined by the Secretary 
     of Defense to adequately account for the support provided, 
     and such determination is final and conclusive upon the 
     accounting officers of the United States, and 15 days 
     following written notification to the appropriate 
     congressional committees:  Provided further, That these funds 
     may be used for the purpose of providing specialized training 
     and procuring supplies and specialized equipment and 
     providing such supplies and loaning such equipment on a non-
     reimbursable basis to coalition forces supporting United 
     States military and stability operations in Afghanistan and 
     to counter the Islamic State of Iraq and Syria, and 15 days 
     following written notification to the appropriate 
     congressional committees:  Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the use and status of funds made available 
     in this section.
       Sec. 9026.  Of the amounts appropriated in this title under 
     the heading ``Operation and Maintenance, Defense-Wide'', for 
     the Defense Security Cooperation Agency, $250,000,000, to 
     remain available until September 30, 2022, shall be available 
     to reimburse Jordan, Lebanon, Egypt, Tunisia, and Oman under 
     section 1226 of the National Defense Authorization Act for 
     Fiscal Year 2016 (22 U.S.C. 2151 note), for enhanced border 
     security, of which not less than $150,000,000 shall be for 
     Jordan:  Provided, That the Secretary of Defense shall, not 
     less than 15 days prior to obligating funds made available in 
     this section, notify the congressional defense committees in 
     writing of the details of any planned obligation and the 
     nature of the expenses incurred:  Provided further, That the 
     Secretary of Defense shall provide quarterly reports to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on the use and status of funds made available 
     in this section.
       Sec. 9027.  Each amount designated in this Act by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 
     shall be available (or rescinded, if applicable) only if the 
     President subsequently so designates all such amounts and 
     transmits such designations to the Congress.
       Sec. 9028.  None of the funds appropriated or otherwise 
     made available by this Act may be used in contravention of 
     the First Amendment of the Constitution.
       This division may be cited as the ``Department of Defense 
     Appropriations Act, 2021''.

     DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2021

                                TITLE I

                       CORPS OF ENGINEERS--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

       The following appropriations shall be expended under the 
     direction of the Secretary of the Army and the supervision of 
     the Chief of Engineers for authorized civil functions of the 
     Department of the Army pertaining to river and harbor, flood 
     and storm damage reduction, shore protection, aquatic 
     ecosystem restoration, and related efforts.

                             investigations

       For expenses necessary where authorized by law for the 
     collection and study of basic information pertaining to river 
     and harbor, flood and storm damage reduction, shore 
     protection, aquatic ecosystem restoration, and related needs; 
     for surveys and detailed studies, and plans and 
     specifications of proposed river and harbor, flood and storm 
     damage reduction, shore protection, and aquatic ecosystem 
     restoration projects, and related efforts prior to 
     construction; for restudy of authorized projects; and for 
     miscellaneous investigations, and, when authorized by law, 
     surveys and detailed studies, and plans and specifications of 
     projects prior to construction, $153,000,000, to remain 
     available until expended:  Provided, That the Secretary shall 
     initiate nine new study starts during fiscal year 2021:  
     Provided further, That the Secretary shall not deviate from 
     the new starts proposed in the work plan, once the plan has 
     been submitted to the Committees on Appropriations of both 
     Houses of Congress.

[[Page H7370]]

  


                              construction

       For expenses necessary for the construction of river and 
     harbor, flood and storm damage reduction, shore protection, 
     aquatic ecosystem restoration, and related projects 
     authorized by law; for conducting detailed studies, and plans 
     and specifications, of such projects (including those 
     involving participation by States, local governments, or 
     private groups) authorized or made eligible for selection by 
     law (but such detailed studies, and plans and specifications, 
     shall not constitute a commitment of the Government to 
     construction); $2,692,645,000, to remain available until 
     expended; of which such sums as are necessary to cover the 
     Federal share of construction costs for facilities under the 
     Dredged Material Disposal Facilities program shall be derived 
     from the Harbor Maintenance Trust Fund as authorized by 
     Public Law 104-303; and of which such sums as are necessary 
     to cover 35 percent of the costs of construction, 
     replacement, rehabilitation, and expansion of inland 
     waterways projects, shall be derived from the Inland 
     Waterways Trust Fund, except as otherwise specifically 
     provided for in law.

                   mississippi river and tributaries

       For expenses necessary for flood damage reduction projects 
     and related efforts in the Mississippi River alluvial valley 
     below Cape Girardeau, Missouri, as authorized by law, 
     $380,000,000, to remain available until expended, of which 
     such sums as are necessary to cover the Federal share of 
     eligible operation and maintenance costs for inland harbors 
     shall be derived from the Harbor Maintenance Trust Fund:  
     Provided, That the Secretary shall initiate one new study 
     start in fiscal year 2021:  Provided further, That the 
     Secretary shall not deviate from the work plan, once the plan 
     has been submitted to the Committees on Appropriations of 
     both Houses of Congress.

                       operation and maintenance

       For expenses necessary for the operation, maintenance, and 
     care of existing river and harbor, flood and storm damage 
     reduction, aquatic ecosystem restoration, and related 
     projects authorized by law; providing security for 
     infrastructure owned or operated by the Corps, including 
     administrative buildings and laboratories; maintaining harbor 
     channels provided by a State, municipality, or other public 
     agency that serve essential navigation needs of general 
     commerce, where authorized by law; surveying and charting 
     northern and northwestern lakes and connecting waters; 
     clearing and straightening channels; and removing 
     obstructions to navigation, $3,849,655,000, to remain 
     available until expended, of which such sums as are necessary 
     to cover the Federal share of eligible operation and 
     maintenance costs for coastal harbors and channels, and for 
     inland harbors shall be derived from the Harbor Maintenance 
     Trust Fund; of which such sums as become available from the 
     special account for the Corps of Engineers established by the 
     Land and Water Conservation Fund Act of 1965 shall be derived 
     from that account for resource protection, research, 
     interpretation, and maintenance activities related to 
     resource protection in the areas at which outdoor recreation 
     is available; and of which such sums as become available from 
     fees collected under section 217 of Public Law 104-303 shall 
     be used to cover the cost of operation and maintenance of the 
     dredged material disposal facilities for which such fees have 
     been collected:  Provided, That 1 percent of the total amount 
     of funds provided for each of the programs, projects, or 
     activities funded under this heading shall not be allocated 
     to a field operating activity prior to the beginning of the 
     fourth quarter of the fiscal year and shall be available for 
     use by the Chief of Engineers to fund such emergency 
     activities as the Chief of Engineers determines to be 
     necessary and appropriate, and that the Chief of Engineers 
     shall allocate during the fourth quarter any remaining funds 
     which have not been used for emergency activities 
     proportionally in accordance with the amounts provided for 
     the programs, projects, or activities.

                           regulatory program

       For expenses necessary for administration of laws 
     pertaining to regulation of navigable waters and wetlands, 
     $210,000,000, to remain available until September 30, 2022.

            formerly utilized sites remedial action program

       For expenses necessary to clean up contamination from sites 
     in the United States resulting from work performed as part of 
     the Nation's early atomic energy program, $250,000,000, to 
     remain available until expended.

                 flood control and coastal emergencies

       For expenses necessary to prepare for flood, hurricane, and 
     other natural disasters and support emergency operations, 
     repairs, and other activities in response to such disasters 
     as authorized by law, $35,000,000, to remain available until 
     expended.

                                expenses

       For expenses necessary for the supervision and general 
     administration of the civil works program in the headquarters 
     of the Corps of Engineers and the offices of the Division 
     Engineers; and for costs of management and operation of the 
     Humphreys Engineer Center Support Activity, the Institute for 
     Water Resources, the United States Army Engineer Research and 
     Development Center, and the United States Army Corps of 
     Engineers Finance Center allocable to the civil works 
     program, $206,000,000, to remain available until September 
     30, 2022, of which not to exceed $5,000 may be used for 
     official reception and representation purposes and only 
     during the current fiscal year:  Provided, That no part of 
     any other appropriation provided in this title shall be 
     available to fund the civil works activities of the Office of 
     the Chief of Engineers or the civil works executive direction 
     and management activities of the division offices:  Provided 
     further, That any Flood Control and Coastal Emergencies 
     appropriation may be used to fund the supervision and general 
     administration of emergency operations, repairs, and other 
     activities in response to any flood, hurricane, or other 
     natural disaster.

     office of the assistant secretary of the army for civil works

                    (including rescission of funds)

       For the Office of the Assistant Secretary of the Army for 
     Civil Works as authorized by 10 U.S.C. 3016(b)(3), 
     $5,000,000, to remain available until September 30, 2022:  
     Provided, That not more than 75 percent of such amount may be 
     obligated or expended until the Assistant Secretary submits 
     to the Committees on Appropriations of both Houses of 
     Congress the report required under section 101(d) of this Act 
     and a work plan that allocates at least 95 percent of the 
     additional funding provided under each heading in this title, 
     as designated under such heading in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act), to specific programs, projects, or 
     activities:  Provided further, That of the unobligated 
     balances available from amounts appropriated in prior Acts 
     under this heading, $500,000 is hereby rescinded:  Provided 
     further, That no amounts may be rescinded from amounts that 
     were designated by the Congress as an emergency requirement 
     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

      water infrastructure finance and innovation program account

       For the cost of direct loans and for the cost of guaranteed 
     loans, as authorized by the Water Infrastructure Finance and 
     Innovation Act of 2014, $12,000,000, to remain available 
     until expended, for safety projects to maintain, upgrade, and 
     repair dams identified in the National Inventory of Dams with 
     a primary owner type of state, local government, public 
     utility, or private:  Provided, That, no project may be 
     funded with amounts provided under this heading for a dam 
     that is identified as jointly owned in the National Inventory 
     of Dams and where one of those joint owners is the Federal 
     Government:  Provided further, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974:  Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans, 
     including capitalized interest, and total loan principal, 
     including capitalized interest, any part of which is to be 
     guaranteed, not to exceed $950,000,000:  Provided further, 
     That, within 30 days of enactment of this Act, the Secretary, 
     in consultation with the Office of Management and Budget, 
     shall transmit a report to the Committees on Appropriations 
     of the House of Representatives and the Senate that provides: 
     (1) an analysis of how subsidy rates will be determined for 
     loans financed by appropriations provided under this heading 
     in this Act; (2) a comparison of the factors that will be 
     considered in estimating subsidy rates for loans financed 
     under this heading in this Act with factors that will be 
     considered in estimates of subsidy rates for other projects 
     authorized by the Water Infrastructure Finance and Innovation 
     Act of 2014, including an analysis of how both sets of rates 
     will be determined; and (3) an analysis of the process for 
     developing draft regulations for the Water Infrastructure 
     Finance and Innovation program, including a crosswalk from 
     the statutory requirements for such program, and a timetable 
     for publishing such regulations:  Provided further, That the 
     use of direct loans or loan guarantee authority under this 
     heading for direct loans or commitments to guarantee loans 
     for any project shall be in accordance with the criteria 
     published in the Federal Register on June 30, 2020 (85 FR 
     39189) pursuant to the fourth proviso under the heading 
     ``Water Infrastructure Finance and Innovation Program 
     Account'' in division D of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94):  Provided 
     further, That none of the direct loans or loan guarantee 
     authority made available under this heading shall be 
     available for any project unless the Secretary and the 
     Director of the Office of Management and Budget have 
     certified in advance in writing that the direct loan or loan 
     guarantee, as applicable, and the project comply with the 
     criteria referenced in the previous proviso:  Provided 
     further, That any references to the Environmental Protection 
     Agency (EPA) or the Administrator in the criteria referenced 
     in the previous two provisos shall be deemed to be references 
     to the Army Corps of Engineers or the Secretary of the Army, 
     respectively, for purposes of the direct loans or loan 
     guarantee authority made available under this heading:  
     Provided further, That, for the purposes of carrying out the 
     Congressional Budget Act of 1974, the Director of the 
     Congressional Budget Office may request, and the Secretary 
     shall promptly provide, documentation and information 
     relating to a project identified in a Letter of Interest 
     submitted to the Secretary pursuant to a Notice of Funding 
     Availability for applications for credit assistance under the 
     Water Infrastructure Finance and Innovation Act Program, 
     including with respect to a project that was initiated or 
     completed before the date of enactment of this Act.
       In addition, fees authorized to be collected pursuant to 
     sections 5029 and 5030 of the Water Infrastructure Finance 
     and Innovation Act of 2014 shall be deposited in this 
     account, to remain available until expended.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $2,200,000, to remain 
     available until September 30, 2022.

[[Page H7371]]

  


             GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL

                     (including transfer of funds)

       Sec. 101. (a) None of the funds provided in title I of this 
     Act, or provided by previous appropriations Acts to the 
     agencies or entities funded in title I of this Act that 
     remain available for obligation or expenditure in fiscal year 
     2021, shall be available for obligation or expenditure 
     through a reprogramming of funds that:
       (1) creates or initiates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     this Act, unless prior approval is received from the 
     Committees on Appropriations of both Houses of Congress;
       (4) proposes to use funds directed for a specific activity 
     for a different purpose, unless prior approval is received 
     from the Committees on Appropriations of both Houses of 
     Congress;
       (5) augments or reduces existing programs, projects, or 
     activities in excess of the amounts contained in paragraphs 
     (6) through (10), unless prior approval is received from the 
     Committees on Appropriations of both Houses of Congress;
       (6) Investigations.--For a base level over $100,000, 
     reprogramming of 25 percent of the base amount up to a limit 
     of $150,000 per project, study or activity is allowed:  
     Provided, That for a base level less than $100,000, the 
     reprogramming limit is $25,000:  Provided further, That up to 
     $25,000 may be reprogrammed into any continuing study or 
     activity that did not receive an appropriation for existing 
     obligations and concomitant administrative expenses;
       (7) Construction.--For a base level over $2,000,000, 
     reprogramming of 15 percent of the base amount up to a limit 
     of $3,000,000 per project, study or activity is allowed:  
     Provided, That for a base level less than $2,000,000, the 
     reprogramming limit is $300,000:  Provided further, That up 
     to $3,000,000 may be reprogrammed for settled contractor 
     claims, changed conditions, or real estate deficiency 
     judgments:  Provided further, That up to $300,000 may be 
     reprogrammed into any continuing study or activity that did 
     not receive an appropriation for existing obligations and 
     concomitant administrative expenses;
       (8) Operation and maintenance.--Unlimited reprogramming 
     authority is granted for the Corps to be able to respond to 
     emergencies:  Provided, That the Chief of Engineers shall 
     notify the Committees on Appropriations of both Houses of 
     Congress of these emergency actions as soon thereafter as 
     practicable:  Provided further, That for a base level over 
     $1,000,000, reprogramming of 15 percent of the base amount up 
     to a limit of $5,000,000 per project, study, or activity is 
     allowed:  Provided further, That for a base level less than 
     $1,000,000, the reprogramming limit is $150,000:  Provided 
     further, That $150,000 may be reprogrammed into any 
     continuing study or activity that did not receive an 
     appropriation;
       (9) Mississippi river and tributaries.--The reprogramming 
     guidelines in paragraphs (6), (7), and (8) shall apply to the 
     Investigations, Construction, and Operation and Maintenance 
     portions of the Mississippi River and Tributaries Account, 
     respectively; and
       (10) Formerly utilized sites remedial action program.--
     Reprogramming of up to 15 percent of the base of the 
     receiving project is permitted.
       (b) De Minimus Reprogrammings.--In no case should a 
     reprogramming for less than $50,000 be submitted to the 
     Committees on Appropriations of both Houses of Congress.
       (c) Continuing Authorities Program.--Subsection (a)(1) 
     shall not apply to any project or activity funded under the 
     continuing authorities program.
       (d) Not later than 60 days after the date of enactment of 
     this Act, the Secretary shall submit a report to the 
     Committees on Appropriations of both Houses of Congress to 
     establish the baseline for application of reprogramming and 
     transfer authorities for the current fiscal year which shall 
     include:
       (1) A table for each appropriation with a separate column 
     to display the President's budget request, adjustments made 
     by Congress, adjustments due to enacted rescissions, if 
     applicable, and the fiscal year enacted level; and
       (2) A delineation in the table for each appropriation both 
     by object class and program, project and activity as detailed 
     in the budget appendix for the respective appropriations; and
       (3) An identification of items of special congressional 
     interest.
       Sec. 102.  The Secretary shall allocate funds made 
     available in this Act solely in accordance with the 
     provisions of this Act and the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act), including the determination and 
     designation of new starts.
       Sec. 103.  None of the funds made available in this title 
     may be used to award or modify any contract that commits 
     funds beyond the amounts appropriated for that program, 
     project, or activity that remain unobligated, except that 
     such amounts may include any funds that have been made 
     available through reprogramming pursuant to section 101.
       Sec. 104.  The Secretary of the Army may transfer to the 
     Fish and Wildlife Service, and the Fish and Wildlife Service 
     may accept and expend, up to $5,400,000 of funds provided in 
     this title under the heading ``Operation and Maintenance'' to 
     mitigate for fisheries lost due to Corps of Engineers 
     projects.
       Sec. 105.  None of the funds in this Act shall be used for 
     an open lake placement alternative for dredged material, 
     after evaluating the least costly, environmentally acceptable 
     manner for the disposal or management of dredged material 
     originating from Lake Erie or tributaries thereto, unless it 
     is approved under a State water quality certification 
     pursuant to section 401 of the Federal Water Pollution 
     Control Act (33 U.S.C. 1341):  Provided, That until an open 
     lake placement alternative for dredged material is approved 
     under a State water quality certification, the Corps of 
     Engineers shall continue upland placement of such dredged 
     material consistent with the requirements of section 101 of 
     the Water Resources Development Act of 1986 (33 U.S.C. 2211).
       Sec. 106.  None of the funds made available by this Act or 
     any other Act may be used to reorganize or to transfer the 
     Civil Works functions or authority of the Corps of Engineers 
     or the Secretary of the Army to another department or agency.
       Sec. 107.  Additional funding provided in this Act shall be 
     allocated only to projects determined to be eligible by the 
     Chief of Engineers.
       Sec. 108.  None of the funds made available by this Act may 
     be used to carry out any water supply reallocation study 
     under the Wolf Creek Dam, Lake Cumberland, Kentucky, project 
     authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 
     595).
       Sec. 109. (a) When allocating the additional funding 
     provided in this title under the headings ``Construction'' 
     and ``Mississippi River and Tributaries'', the Secretary 
     shall initiate a total of seven new construction starts 
     during fiscal year 2021.
       (b) For new construction projects, project cost sharing 
     agreements shall be executed as soon as practicable but no 
     later than December 31, 2021.
       (c) No allocation for a new start shall be considered final 
     and no work allowance shall be made until the Secretary 
     provides to the Committees on Appropriations of both Houses 
     of Congress an out-year funding scenario demonstrating the 
     affordability of the selected new starts and the impacts on 
     other projects.
       (d) The Secretary shall not deviate from the new starts 
     proposed in the work plan, once the plan has been submitted 
     to the Committees on Appropriations of both Houses of 
     Congress.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          Central Utah Project

                central utah project completion account

       For carrying out activities authorized by the Central Utah 
     Project Completion Act, $21,000,000, to remain available 
     until expended, of which $1,800,000 shall be deposited into 
     the Utah Reclamation Mitigation and Conservation Account for 
     use by the Utah Reclamation Mitigation and Conservation 
     Commission:  Provided, That of the amount provided under this 
     heading, $1,500,000 shall be available until September 30, 
     2022, for expenses necessary in carrying out related 
     responsibilities of the Secretary of the Interior:  Provided 
     further, That for fiscal year 2021, of the amount made 
     available to the Commission under this Act or any other Act, 
     the Commission may use an amount not to exceed $1,500,000 for 
     administrative expenses.

                         Bureau of Reclamation

       The following appropriations shall be expended to execute 
     authorized functions of the Bureau of Reclamation:

                      water and related resources

                     (including transfers of funds)

       For management, development, and restoration of water and 
     related natural resources and for related activities, 
     including the operation, maintenance, and rehabilitation of 
     reclamation and other facilities, participation in fulfilling 
     related Federal responsibilities to Native Americans, and 
     related grants to, and cooperative and other agreements with, 
     State and local governments, federally recognized Indian 
     Tribes, and others, $1,521,125,000, to remain available until 
     expended, of which $58,476,000 shall be available for 
     transfer to the Upper Colorado River Basin Fund and 
     $5,584,000 shall be available for transfer to the Lower 
     Colorado River Basin Development Fund; of which such amounts 
     as may be necessary may be advanced to the Colorado River Dam 
     Fund:  Provided, That $25,882,000 shall be available for 
     transfer into the Blackfeet Water Settlement Implementation 
     Fund established by section 3717 of Public Law 114-322:  
     Provided further, That such transfers may be increased or 
     decreased within the overall appropriation under this 
     heading:  Provided further, That of the total appropriated, 
     the amount for program activities that can be financed by the 
     Reclamation Fund or the Bureau of Reclamation special fee 
     account established by 16 U.S.C. 6806 shall be derived from 
     that Fund or account:  Provided further, That funds 
     contributed under 43 U.S.C. 395 are available until expended 
     for the purposes for which the funds were contributed:  
     Provided further, That funds advanced under 43 U.S.C. 397a 
     shall be credited to this account and are available until 
     expended for the same purposes as the sums appropriated under 
     this heading:  Provided further, That of the amounts provided 
     herein, funds may be used for high-priority projects which 
     shall be carried out by the Youth Conservation Corps, as 
     authorized by 16 U.S.C. 1706:  Provided further, That within 
     available funds, $250,000 shall be for grants and financial 
     assistance for educational activities:  Provided further, 
     That in accordance with section 4007 of Public Law 114-322, 
     funding provided for such purpose in fiscal years 2017, 2018, 
     2019, and 2020 shall be made available for the construction, 
     pre-construction, or study of the Friant-Kern Canal Capacity 
     Correction Resulting from Subsidence, the Boise River Basin--
     Anderson Ranch Dam Raise, the North-of-the-Delta Off Stream 
     Storage (Sites Reservoir Project), the Los Vaqueros Reservoir 
     Phase 2 Expansion Project, and the Cle Elum Pool Raise 
     (Yakima), as recommended by the Secretary in the letters 
     dated June 22, 2020, and December 3, 2020, inclusive; the 
     Delta Mendota Canal Subsidence Correction, the Del Puerto 
     Water District, the San Luis Low Point Improvement Project, 
     and the Sacramento Regional Water

[[Page H7372]]

     Bank, as recommended by the Secretary in the letter dated 
     June 22, 2020:  Provided further, That in accordance with 
     section 4009(c) of Public Law 114-322, and as recommended by 
     the Secretary in a letter dated December 3, 2020, funding 
     provided for such purpose in fiscal years 2019 and 2020 shall 
     be made available to the El Paso Aquifer Storage and Recovery 
     Using Reclaimed Water Project, the Pure Water Monterey: A 
     Groundwater Replenishment Project, the Pure Water Soquel: 
     Groundwater Replenishment and Seawater Intrusion Prevention 
     Project, the Magna Water District Water Reclamation and Reuse 
     Project, the Pure Water Oceanside: Mission Basin Groundwater 
     Purification Facility Project, the Groundwater Reliability 
     Improvement Program Recycled Water Project, and the Palmdale 
     Regional Groundwater Recharge and Recovery Project:  Provided 
     further, That in accordance with section 4009(a) of Public 
     Law 114-322, and as recommended by the Secretary in a letter 
     dated December 3, 2020, funding provided for such purpose in 
     fiscal years 2019 and 2020 shall be made available to the 
     Doheny Ocean Desalination Project, the North Pleasant Valley 
     Desalter Facility, and the Energy-Efficient Brackish 
     Groundwater Desalination Project.

                central valley project restoration fund

       For carrying out the programs, projects, plans, habitat 
     restoration, improvement, and acquisition provisions of the 
     Central Valley Project Improvement Act, $55,875,000, to be 
     derived from such sums as may be collected in the Central 
     Valley Project Restoration Fund pursuant to sections 3407(d), 
     3404(c)(3), and 3405(f) of Public Law 102-575, to remain 
     available until expended:  Provided, That the Bureau of 
     Reclamation is directed to assess and collect the full amount 
     of the additional mitigation and restoration payments 
     authorized by section 3407(d) of Public Law 102-575:  
     Provided further, That none of the funds made available under 
     this heading may be used for the acquisition or leasing of 
     water for in-stream purposes if the water is already 
     committed to in-stream purposes by a court adopted decree or 
     order.

                    california bay-delta restoration

                     (including transfers of funds)

       For carrying out activities authorized by the Water Supply, 
     Reliability, and Environmental Improvement Act, consistent 
     with plans to be approved by the Secretary of the Interior, 
     $33,000,000, to remain available until expended, of which 
     such amounts as may be necessary to carry out such activities 
     may be transferred to appropriate accounts of other 
     participating Federal agencies to carry out authorized 
     purposes:  Provided, That funds appropriated herein may be 
     used for the Federal share of the costs of CALFED Program 
     management:  Provided further, That CALFED implementation 
     shall be carried out in a balanced manner with clear 
     performance measures demonstrating concurrent progress in 
     achieving the goals and objectives of the Program.

                       policy and administration

       For expenses necessary for policy, administration, and 
     related functions in the Office of the Commissioner, the 
     Denver office, and offices in the six regions of the Bureau 
     of Reclamation, to remain available until September 30, 2022, 
     $60,000,000, to be derived from the Reclamation Fund and be 
     nonreimbursable as provided in 43 U.S.C. 377:  Provided, That 
     no part of any other appropriation in this Act shall be 
     available for activities or functions budgeted as policy and 
     administration expenses.

                        administrative provision

       Appropriations for the Bureau of Reclamation shall be 
     available for purchase of not to exceed five passenger motor 
     vehicles, which are for replacement only.

             GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR

       Sec. 201. (a) None of the funds provided in title II of 
     this Act for Water and Related Resources, or provided by 
     previous or subsequent appropriations Acts to the agencies or 
     entities funded in title II of this Act for Water and Related 
     Resources that remain available for obligation or expenditure 
     in fiscal year 2021, shall be available for obligation or 
     expenditure through a reprogramming of funds that--
       (1) initiates or creates a new program, project, or 
     activity;
       (2) eliminates a program, project, or activity;
       (3) increases funds for any program, project, or activity 
     for which funds have been denied or restricted by this Act, 
     unless prior approval is received from the Committees on 
     Appropriations of both Houses of Congress;
       (4) restarts or resumes any program, project or activity 
     for which funds are not provided in this Act, unless prior 
     approval is received from the Committees on Appropriations of 
     both Houses of Congress;
       (5) transfers funds in excess of the following limits, 
     unless prior approval is received from the Committees on 
     Appropriations of both Houses of Congress:
       (A) 15 percent for any program, project or activity for 
     which $2,000,000 or more is available at the beginning of the 
     fiscal year; or
       (B) $400,000 for any program, project or activity for which 
     less than $2,000,000 is available at the beginning of the 
     fiscal year;
       (6) transfers more than $500,000 from either the Facilities 
     Operation, Maintenance, and Rehabilitation category or the 
     Resources Management and Development category to any program, 
     project, or activity in the other category, unless prior 
     approval is received from the Committees on Appropriations of 
     both Houses of Congress; or
       (7) transfers, where necessary to discharge legal 
     obligations of the Bureau of Reclamation, more than 
     $5,000,000 to provide adequate funds for settled contractor 
     claims, increased contractor earnings due to accelerated 
     rates of operations, and real estate deficiency judgments, 
     unless prior approval is received from the Committees on 
     Appropriations of both Houses of Congress.
       (b) Subsection (a)(5) shall not apply to any transfer of 
     funds within the Facilities Operation, Maintenance, and 
     Rehabilitation category.
       (c) For purposes of this section, the term ``transfer'' 
     means any movement of funds into or out of a program, 
     project, or activity.
       (d) The Bureau of Reclamation shall submit reports on a 
     quarterly basis to the Committees on Appropriations of both 
     Houses of Congress detailing all the funds reprogrammed 
     between programs, projects, activities, or categories of 
     funding. The first quarterly report shall be submitted not 
     later than 60 days after the date of enactment of this Act.
       Sec. 202. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to determine the final 
     point of discharge for the interceptor drain for the San Luis 
     Unit until development by the Secretary of the Interior and 
     the State of California of a plan, which shall conform to the 
     water quality standards of the State of California as 
     approved by the Administrator of the Environmental Protection 
     Agency, to minimize any detrimental effect of the San Luis 
     drainage waters.
       (b) The costs of the Kesterson Reservoir Cleanup Program 
     and the costs of the San Joaquin Valley Drainage Program 
     shall be classified by the Secretary of the Interior as 
     reimbursable or nonreimbursable and collected until fully 
     repaid pursuant to the ``Cleanup Program--Alternative 
     Repayment Plan'' and the ``SJVDP--Alternative Repayment 
     Plan'' described in the report entitled ``Repayment Report, 
     Kesterson Reservoir Cleanup Program and San Joaquin Valley 
     Drainage Program, February 1995'', prepared by the Department 
     of the Interior, Bureau of Reclamation. Any future 
     obligations of funds by the United States relating to, or 
     providing for, drainage service or drainage studies for the 
     San Luis Unit shall be fully reimbursable by San Luis Unit 
     beneficiaries of such service or studies pursuant to Federal 
     reclamation law.
       Sec. 203.  Section 9504(e) of the Omnibus Public Land 
     Management Act of 2009 (42 U.S.C. 10364(e)) is amended by 
     striking `` $530,000,000'' and inserting `` $610,000,000''.
       Sec. 204.  Title I of Public Law 108-361 (the CALFED Bay-
     Delta Authorization Act) (118 Stat. 1681), as amended by 
     section 4007(k) of Public Law 114-322, is amended by striking 
     ``2020'' each place it appears and inserting ``2021''.
       Sec. 205.  Section 9106(g)(2) of Public Law 111-11 (Omnibus 
     Public Land Management Act of 2009) is amended by striking 
     ``2020'' and inserting ``2021''.
       Sec. 206.  Section 6002(g)(4) of the Omnibus Public Land 
     Management Act of 2009 (Public Law 111-11) is amended by 
     striking ``2020'' and inserting ``2021''.
       Sec. 207. (a) Section 104(c) of the Reclamation States 
     Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is 
     amended by striking``2020'' and inserting ``2021''.
       (b) Section 301 of the Reclamation States Emergency Drought 
     Relief Act of 1991 (43 U.S.C. 2241) is amended by striking 
     ``2020'' and inserting ``2021''.
       Sec. 208.  None of the funds made available by this Act may 
     be used for pre-construction or construction activities for 
     any project recommended after enactment of the Energy and 
     Water Development and Related Agencies Appropriations Act, 
     2020 and prior to enactment of this Act by the Secretary of 
     the Interior and transmitted to the appropriate committees of 
     Congress pursuant to section 4007, section 4009(a), or 
     section 4009(c) of the Water Infrastructure Improvements for 
     the Nation Act (Public Law 114-322) if such project is not 
     named in this Act.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                 Energy Efficiency and Renewable Energy

                    (including rescissions of funds)

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy efficiency and 
     renewable energy activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $2,864,000,293, to 
     remain available until expended:  Provided, That of such 
     amount, $165,000,000 shall be available until September 30, 
     2022, for program direction:  Provided further, That of the 
     unobligated balances available from amounts appropriated in 
     Public Law 111-8 under this heading, $806,831 is hereby 
     rescinded:  Provided further, That of the unobligated 
     balances available from amounts appropriated in Public Law 
     111-85 under this heading, $1,433,462 is hereby rescinded:  
     Provided further, That no amounts may be rescinded under the 
     previous two provisos from amounts that were designated by 
     the Congress as an emergency requirement pursuant to the 
     Concurrent Resolution on the Budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

         Cybersecurity, Energy Security, and Emergency Response

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for energy sector cybersecurity,

[[Page H7373]]

     energy security, and emergency response activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $156,000,000, to remain available until 
     expended:  Provided, That of such amount, $12,000,000 shall 
     be available until September 30, 2022, for program direction.

                              Electricity

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for electricity activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $211,720,000, to remain available until 
     expended:  Provided, That of such amount, $18,000,000 shall 
     be available until September 30, 2022, for program direction.

                             Nuclear Energy

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for nuclear energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $1,507,600,000, to remain available until 
     expended:  Provided, That of such amount, $75,131,000 shall 
     be available until September 30, 2022, for program direction.

                 Fossil Energy Research and Development

       For Department of Energy expenses necessary in carrying out 
     fossil energy research and development activities, under the 
     authority of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), including the acquisition of interest, 
     including defeasible and equitable interests in any real 
     property or any facility or for plant or facility acquisition 
     or expansion, and for conducting inquiries, technological 
     investigations and research concerning the extraction, 
     processing, use, and disposal of mineral substances without 
     objectionable social and environmental costs (30 U.S.C. 3, 
     1602, and 1603), $750,000,000, to remain available until 
     expended:  Provided, That of such amount $61,500,000 shall be 
     available until September 30, 2022, for program direction.

                 Naval Petroleum and Oil Shale Reserves

       For Department of Energy expenses necessary to carry out 
     naval petroleum and oil shale reserve activities, 
     $13,006,000, to remain available until expended:  Provided, 
     That notwithstanding any other provision of law, unobligated 
     funds remaining from prior years shall be available for all 
     naval petroleum and oil shale reserve activities.

                      Strategic Petroleum Reserve

       For Department of Energy expenses necessary for Strategic 
     Petroleum Reserve facility development and operations and 
     program management activities pursuant to the Energy Policy 
     and Conservation Act (42 U.S.C. 6201 et seq.), $188,000,000, 
     to remain available until expended.

                         SPR Petroleum Account

       For the acquisition, transportation, and injection of 
     petroleum products, and for other necessary expenses pursuant 
     to the Energy Policy and Conservation Act of 1975, as amended 
     (42 U.S.C. 6201 et seq.), sections 403 and 404 of the 
     Bipartisan Budget Act of 2015 (42 U.S.C. 6241, 6239 note), 
     and section 5010 of the 21st Century Cures Act (Public Law 
     114-255), $1,000,000, to remain available until expended.

                   Northeast Home Heating Oil Reserve

       For Department of Energy expenses necessary for Northeast 
     Home Heating Oil Reserve storage, operation, and management 
     activities pursuant to the Energy Policy and Conservation Act 
     (42 U.S.C. 6201 et seq.), $6,500,000, to remain available 
     until expended.

                   Energy Information Administration

       For Department of Energy expenses necessary in carrying out 
     the activities of the Energy Information Administration, 
     $126,800,000, to remain available until expended.

                   Non-defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for non-defense environmental 
     cleanup activities in carrying out the purposes of the 
     Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $319,200,000, to 
     remain available until expended:  Provided, That, in 
     addition, fees collected pursuant to subsection (b)(1) of 
     section 6939f of title 42, United States Code, and deposited 
     under this heading in fiscal year 2021 pursuant to section 
     309 of title III of division C of Public Law 116-94 are 
     appropriated, to remain available until expended, for mercury 
     storage costs.

      Uranium Enrichment Decontamination and Decommissioning Fund

       For Department of Energy expenses necessary in carrying out 
     uranium enrichment facility decontamination and 
     decommissioning, remedial actions, and other activities of 
     title II of the Atomic Energy Act of 1954, and title X, 
     subtitle A, of the Energy Policy Act of 1992, $841,000,000, 
     to be derived from the Uranium Enrichment Decontamination and 
     Decommissioning Fund, to remain available until expended, of 
     which $5,000,000 shall be available in accordance with title 
     X, subtitle A, of the Energy Policy Act of 1992.

                                Science

       For Department of Energy expenses including the purchase, 
     construction, and acquisition of plant and capital equipment, 
     and other expenses necessary for science activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, and purchase of not more than 35 passenger 
     motor vehicles for replacement only, $7,026,000,000, to 
     remain available until expended:  Provided, That of such 
     amount, $192,000,000 shall be available until September 30, 
     2022, for program direction:  Provided further, That of the 
     amount provided under this heading in this Act, 
     $2,300,000,000 is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                         Nuclear Waste Disposal

       For Department of Energy expenses necessary for nuclear 
     waste disposal activities to carry out the purposes of the 
     Nuclear Waste Policy Act of 1982, Public Law 97-425, as 
     amended, including interim storage activities, $27,500,000, 
     to remain available until expended, of which $7,500,000 shall 
     be derived from the Nuclear Waste Fund.

               Advanced Research Projects Agency--Energy

       For Department of Energy expenses necessary in carrying out 
     the activities authorized by section 5012 of the America 
     COMPETES Act (Public Law 110-69), $427,000,000, to remain 
     available until expended:  Provided, That of such amount, 
     $35,000,000 shall be available until September 30, 2022, for 
     program direction.

         Title 17 Innovative Technology Loan Guarantee Program

                    (including rescission of funds)

       Such sums as are derived from amounts received from 
     borrowers pursuant to section 1702(b) of the Energy Policy 
     Act of 2005 under this heading in prior Acts, shall be 
     collected in accordance with section 502(7) of the 
     Congressional Budget Act of 1974:  Provided, That for 
     necessary administrative expenses of the Title 17 Innovative 
     Technology Loan Guarantee Program, as authorized, $32,000,000 
     is appropriated, to remain available until September 30, 
     2022:  Provided further, That up to $32,000,000 of fees 
     collected in fiscal year 2021 pursuant to section 1702(h) of 
     the Energy Policy Act of 2005 shall be credited as offsetting 
     collections under this heading and used for necessary 
     administrative expenses in this appropriation and shall 
     remain available until September 30, 2022:  Provided further, 
     That to the extent that fees collected in fiscal year 2021 
     exceed $32,000,000, those excess amounts shall be credited as 
     offsetting collections under this heading and available in 
     future fiscal years only to the extent provided in advance in 
     appropriations Acts:  Provided further, That the sum herein 
     appropriated from the general fund shall be reduced (1) as 
     such fees are received during fiscal year 2021 (estimated at 
     $3,000,000) and (2) to the extent that any remaining general 
     fund appropriations can be derived from fees collected in 
     previous fiscal years that are not otherwise appropriated, so 
     as to result in a final fiscal year 2021 appropriation from 
     the general fund estimated at $0:  Provided further, That the 
     Department of Energy shall not subordinate any loan 
     obligation to other financing in violation of section 1702 of 
     the Energy Policy Act of 2005 or subordinate any Guaranteed 
     Obligation to any loan or other debt obligations in violation 
     of section 609.10 of title 10, Code of Federal Regulations:  
     Provided further, That, of the unobligated balances available 
     under the heading ``Department of Energy--Energy Programs--
     Title 17--Innovative Technology Loan Guarantee Program'' in 
     the American Recovery and Reinvestment Act of 2009 (Public 
     Law 111-5) for the cost of guaranteed loans authorized by 
     section 1705 of the Energy Policy Act of 2005, $392,000,000 
     are hereby rescinded:  Provided further, That the amounts 
     rescinded pursuant to the preceding proviso that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to section 204(a) of S. Con. Res. 21 
     (110th Congress) and section 301(b)(2) of S. Con. Res. 70 
     (110th Congress), the concurrent resolutions on the budget 
     for fiscal years 2008 and 2009, are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

        Advanced Technology Vehicles Manufacturing Loan Program

                    (including rescission of funds)

       For Department of Energy administrative expenses necessary 
     in carrying out the Advanced Technology Vehicles 
     Manufacturing Loan Program, $5,000,000, to remain available 
     until September 30, 2022:  Provided, That, of the unobligated 
     balances available from amounts appropriated for the costs of 
     direct loans in section 129 of division A of the Consolidated 
     Security, Disaster Assistance, and Continuing Appropriations 
     Act, 2009 (Public Law 110-329), $1,908,000,000 are hereby 
     rescinded:  Provided further, That the amounts rescinded 
     pursuant to the preceding proviso that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to section 204(a) of S. Con. Res. 21 (110th 
     Congress) and section 301(b)(2) of S. Con. Res. 70 (110th 
     Congress), the concurrent resolutions on the budget for 
     fiscal years 2008 and 2009, are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

[[Page H7374]]

  


                  Tribal Energy Loan Guarantee Program

       For Department of Energy administrative expenses necessary 
     in carrying out the Tribal Energy Loan Guarantee Program, 
     $2,000,000, to remain available until September 30, 2022.

              Office of Indian Energy Policy and Programs

       For necessary expenses for Indian Energy activities in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), $22,000,000, to 
     remain available until expended:  Provided, That, of the 
     amount appropriated under this heading, $5,000,000 shall be 
     available until September 30, 2022, for program direction.

                      Departmental Administration

       For salaries and expenses of the Department of Energy 
     necessary for departmental administration in carrying out the 
     purposes of the Department of Energy Organization Act (42 
     U.S.C. 7101 et seq.), $259,378,000, to remain available until 
     September 30, 2022, including the hire of passenger motor 
     vehicles and official reception and representation expenses 
     not to exceed $30,000, plus such additional amounts as 
     necessary to cover increases in the estimated amount of cost 
     of work for others notwithstanding the provisions of the 
     Anti-Deficiency Act (31 U.S.C. 1511 et seq.):  Provided, That 
     such increases in cost of work are offset by revenue 
     increases of the same or greater amount:  Provided further, 
     That moneys received by the Department for miscellaneous 
     revenues estimated to total $93,378,000 in fiscal year 2021 
     may be retained and used for operating expenses within this 
     account, as authorized by section 201 of Public Law 95-238, 
     notwithstanding the provisions of 31 U.S.C. 3302:  Provided 
     further, That the sum herein appropriated shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2021 appropriation from the 
     general fund estimated at not more than $166,000,000.

                    Office of the Inspector General

       For expenses necessary for the Office of the Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $57,739,000, to remain available until 
     September 30, 2022.

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for atomic energy 
     defense weapons activities in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed one aircraft, one ambulance, and two passenger 
     buses, for replacement only, $15,345,000,000, to remain 
     available until expended:  Provided, That of such amount, 
     $75,000,000 shall be available for the Uranium Reserve 
     Program:  Provided further, That of such amount, $123,684,000 
     shall be available until September 30, 2022, for program 
     direction.

                    Defense Nuclear Nonproliferation

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other incidental expenses necessary for defense nuclear 
     nonproliferation activities, in carrying out the purposes of 
     the Department of Energy Organization Act (42 U.S.C. 7101 et 
     seq.), including the acquisition or condemnation of any real 
     property or any facility or for plant or facility 
     acquisition, construction, or expansion, $2,260,000,000, to 
     remain available until expended.

                             Naval Reactors

                     (including transfer of funds)

       For Department of Energy expenses necessary for naval 
     reactors activities to carry out the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition (by purchase, condemnation, construction, or 
     otherwise) of real property, plant, and capital equipment, 
     facilities, and facility expansion, $1,684,000,000, to remain 
     available until expended, of which, $91,000,000 shall be 
     transferred to ``Department of Energy--Energy Programs--
     Nuclear Energy'', for the Advanced Test Reactor:  Provided, 
     That of such amount, $51,700,000 shall be available until 
     September 30, 2022, for program direction.

                     Federal Salaries and Expenses

       For expenses necessary for Federal Salaries and Expenses in 
     the National Nuclear Security Administration, $443,200,000, 
     to remain available until September 30, 2022, including 
     official reception and representation expenses not to exceed 
     $17,000.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                     Defense Environmental Cleanup

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses necessary for atomic energy defense 
     environmental cleanup activities in carrying out the purposes 
     of the Department of Energy Organization Act (42 U.S.C. 7101 
     et seq.), including the acquisition or condemnation of any 
     real property or any facility or for plant or facility 
     acquisition, construction, or expansion, and the purchase of 
     not to exceed 1 passenger minivan for replacement only, 
     $6,426,000,000, to remain available until expended:  
     Provided, That of such amount, $289,000,000 shall be 
     available until September 30, 2022, for program direction.

                        Other Defense Activities

       For Department of Energy expenses, including the purchase, 
     construction, and acquisition of plant and capital equipment 
     and other expenses, necessary for atomic energy defense, 
     other defense activities, and classified activities, in 
     carrying out the purposes of the Department of Energy 
     Organization Act (42 U.S.C. 7101 et seq.), including the 
     acquisition or condemnation of any real property or any 
     facility or for plant or facility acquisition, construction, 
     or expansion, $920,000,000, to remain available until 
     expended:  Provided, That of such amount, $334,948,000 shall 
     be available until September 30, 2022, for program direction.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

       Expenditures from the Bonneville Power Administration Fund, 
     established pursuant to Public Law 93-454, are approved for 
     official reception and representation expenses in an amount 
     not to exceed $5,000:  Provided, That during fiscal year 
     2021, no new direct loan obligations may be made.

      Operation and Maintenance, Southeastern Power Administration

       For expenses necessary for operation and maintenance of 
     power transmission facilities and for marketing electric 
     power and energy, including transmission wheeling and 
     ancillary services, pursuant to section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), as applied to the 
     southeastern power area, $7,246,000, including official 
     reception and representation expenses in an amount not to 
     exceed $1,500, to remain available until expended:  Provided, 
     That notwithstanding 31 U.S.C. 3302 and section 5 of the 
     Flood Control Act of 1944, up to $7,246,000 collected by the 
     Southeastern Power Administration from the sale of power and 
     related services shall be credited to this account as 
     discretionary offsetting collections, to remain available 
     until expended for the sole purpose of funding the annual 
     expenses of the Southeastern Power Administration:  Provided 
     further, That the sum herein appropriated for annual expenses 
     shall be reduced as collections are received during the 
     fiscal year so as to result in a final fiscal year 2021 
     appropriation estimated at not more than $0:  Provided 
     further, That notwithstanding 31 U.S.C. 3302, up to 
     $52,000,000 collected by the Southeastern Power 
     Administration pursuant to the Flood Control Act of 1944 to 
     recover purchase power and wheeling expenses shall be 
     credited to this account as offsetting collections, to remain 
     available until expended for the sole purpose of making 
     purchase power and wheeling expenditures:  Provided further, 
     That for purposes of this appropriation, annual expenses 
     means expenditures that are generally recovered in the same 
     year that they are incurred (excluding purchase power and 
     wheeling expenses).

      Operation and Maintenance, Southwestern Power Administration

       For expenses necessary for operation and maintenance of 
     power transmission facilities and for marketing electric 
     power and energy, for construction and acquisition of 
     transmission lines, substations and appurtenant facilities, 
     and for administrative expenses, including official reception 
     and representation expenses in an amount not to exceed $1,500 
     in carrying out section 5 of the Flood Control Act of 1944 
     (16 U.S.C. 825s), as applied to the Southwestern Power 
     Administration, $47,540,000, to remain available until 
     expended:  Provided, That notwithstanding 31 U.S.C. 3302 and 
     section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), 
     up to $37,140,000 collected by the Southwestern Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Southwestern 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2021 appropriation estimated at 
     not more than $10,400,000:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, up to $34,000,000 collected 
     by the Southwestern Power Administration pursuant to the 
     Flood Control Act of 1944 to recover purchase power and 
     wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures:  Provided further, That for purposes of this 
     appropriation, annual expenses means expenditures that are 
     generally recovered in the same year that they are incurred 
     (excluding purchase power and wheeling expenses).

 Construction, Rehabilitation, Operation and Maintenance, Western Area 
                          Power Administration

       For carrying out the functions authorized by title III, 
     section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 
     7152), and other related activities including conservation 
     and renewable resources programs as authorized, $259,126,000, 
     including official reception and representation expenses in 
     an amount not to exceed $1,500, to remain available until 
     expended, of which $259,126,000 shall be derived from the 
     Department of the Interior Reclamation Fund:  Provided, That 
     notwithstanding 31 U.S.C. 3302, section 5 of the Flood 
     Control Act of 1944 (16 U.S.C. 825s), and section 1 of the 
     Interior Department Appropriation Act, 1939 (43 U.S.C. 392a), 
     up to $169,754,000 collected by the Western Area Power 
     Administration from the sale of power and related services 
     shall be credited to this account as discretionary offsetting 
     collections, to remain available until expended, for the sole 
     purpose of funding the annual expenses of the Western Area 
     Power Administration:  Provided further, That the sum herein 
     appropriated for annual

[[Page H7375]]

     expenses shall be reduced as collections are received during 
     the fiscal year so as to result in a final fiscal year 2021 
     appropriation estimated at not more than $89,372,000, of 
     which $89,372,000 is derived from the Reclamation Fund:  
     Provided further, That notwithstanding 31 U.S.C. 3302, up to 
     $192,000,000 collected by the Western Area Power 
     Administration pursuant to the Flood Control Act of 1944 and 
     the Reclamation Project Act of 1939 to recover purchase power 
     and wheeling expenses shall be credited to this account as 
     offsetting collections, to remain available until expended 
     for the sole purpose of making purchase power and wheeling 
     expenditures:  Provided further, That for purposes of this 
     appropriation, annual expenses means expenditures that are 
     generally recovered in the same year that they are incurred 
     (excluding purchase power and wheeling expenses).

           Falcon and Amistad Operating and Maintenance Fund

       For operation, maintenance, and emergency costs for the 
     hydroelectric facilities at the Falcon and Amistad Dams, 
     $5,776,000, to remain available until expended, and to be 
     derived from the Falcon and Amistad Operating and Maintenance 
     Fund of the Western Area Power Administration, as provided in 
     section 2 of the Act of June 18, 1954 (68 Stat. 255):  
     Provided, That notwithstanding the provisions of that Act and 
     of 31 U.S.C. 3302, up to $5,548,000 collected by the Western 
     Area Power Administration from the sale of power and related 
     services from the Falcon and Amistad Dams shall be credited 
     to this account as discretionary offsetting collections, to 
     remain available until expended for the sole purpose of 
     funding the annual expenses of the hydroelectric facilities 
     of these Dams and associated Western Area Power 
     Administration activities:  Provided further, That the sum 
     herein appropriated for annual expenses shall be reduced as 
     collections are received during the fiscal year so as to 
     result in a final fiscal year 2021 appropriation estimated at 
     not more than $228,000:  Provided further, That for purposes 
     of this appropriation, annual expenses means expenditures 
     that are generally recovered in the same year that they are 
     incurred:  Provided further, That for fiscal year 2021, the 
     Administrator of the Western Area Power Administration may 
     accept up to $1,526,000 in funds contributed by United States 
     power customers of the Falcon and Amistad Dams for deposit 
     into the Falcon and Amistad Operating and Maintenance Fund, 
     and such funds shall be available for the purpose for which 
     contributed in like manner as if said sums had been 
     specifically appropriated for such purpose:  Provided 
     further, That any such funds shall be available without 
     further appropriation and without fiscal year limitation for 
     use by the Commissioner of the United States Section of the 
     International Boundary and Water Commission for the sole 
     purpose of operating, maintaining, repairing, rehabilitating, 
     replacing, or upgrading the hydroelectric facilities at these 
     Dams in accordance with agreements reached between the 
     Administrator, Commissioner, and the power customers.

                  Federal Energy Regulatory Commission

                         salaries and expenses

       For expenses necessary for the Federal Energy Regulatory 
     Commission to carry out the provisions of the Department of 
     Energy Organization Act (42 U.S.C. 7101 et seq.), including 
     services as authorized by 5 U.S.C. 3109, official reception 
     and representation expenses not to exceed $3,000, and the 
     hire of passenger motor vehicles, $404,350,000, to remain 
     available until expended:  Provided, That notwithstanding any 
     other provision of law, not to exceed $404,350,000 of 
     revenues from fees and annual charges, and other services and 
     collections in fiscal year 2021 shall be retained and used 
     for expenses necessary in this account, and shall remain 
     available until expended:  Provided further, That the sum 
     herein appropriated from the general fund shall be reduced as 
     revenues are received during fiscal year 2021 so as to result 
     in a final fiscal year 2021 appropriation from the general 
     fund estimated at not more than $0.

                GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                     (including transfer of funds)

       Sec. 301. (a) No appropriation, funds, or authority made 
     available by this title for the Department of Energy shall be 
     used to initiate or resume any program, project, or activity 
     or to prepare or initiate Requests For Proposals or similar 
     arrangements (including Requests for Quotations, Requests for 
     Information, and Funding Opportunity Announcements) for a 
     program, project, or activity if the program, project, or 
     activity has not been funded by Congress.
       (b)(1) Unless the Secretary of Energy notifies the 
     Committees on Appropriations of both Houses of Congress at 
     least 3 full business days in advance, none of the funds made 
     available in this title may be used to--
       (A) make a grant allocation or discretionary grant award 
     totaling $1,000,000 or more;
       (B) make a discretionary contract award or Other 
     Transaction Agreement totaling $1,000,000 or more, including 
     a contract covered by the Federal Acquisition Regulation;
       (C) issue a letter of intent to make an allocation, award, 
     or Agreement in excess of the limits in subparagraph (A) or 
     (B); or
       (D) announce publicly the intention to make an allocation, 
     award, or Agreement in excess of the limits in subparagraph 
     (A) or (B).
       (2) The Secretary of Energy shall submit to the Committees 
     on Appropriations of both Houses of Congress within 15 days 
     of the conclusion of each quarter a report detailing each 
     grant allocation or discretionary grant award totaling less 
     than $1,000,000 provided during the previous quarter.
       (3) The notification required by paragraph (1) and the 
     report required by paragraph (2) shall include the recipient 
     of the award, the amount of the award, the fiscal year for 
     which the funds for the award were appropriated, the account 
     and program, project, or activity from which the funds are 
     being drawn, the title of the award, and a brief description 
     of the activity for which the award is made.
       (c) The Department of Energy may not, with respect to any 
     program, project, or activity that uses budget authority made 
     available in this title under the heading ``Department of 
     Energy--Energy Programs'', enter into a multiyear contract, 
     award a multiyear grant, or enter into a multiyear 
     cooperative agreement unless--
       (1) the contract, grant, or cooperative agreement is funded 
     for the full period of performance as anticipated at the time 
     of award; or
       (2) the contract, grant, or cooperative agreement includes 
     a clause conditioning the Federal Government's obligation on 
     the availability of future year budget authority and the 
     Secretary notifies the Committees on Appropriations of both 
     Houses of Congress at least 3 days in advance.
       (d) Except as provided in subsections (e), (f), and (g), 
     the amounts made available by this title shall be expended as 
     authorized by law for the programs, projects, and activities 
     specified in the ``Final Bill'' column in the ``Department of 
     Energy'' table included under the heading ``Title III--
     Department of Energy'' in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act).
       (e) The amounts made available by this title may be 
     reprogrammed for any program, project, or activity, and the 
     Department shall notify, and obtain the prior approval of, 
     the Committees on Appropriations of both Houses of Congress 
     at least 30 days prior to the use of any proposed 
     reprogramming that would cause any program, project, or 
     activity funding level to increase or decrease by more than 
     $5,000,000 or 10 percent, whichever is less, during the time 
     period covered by this Act.
       (f) None of the funds provided in this title shall be 
     available for obligation or expenditure through a 
     reprogramming of funds that--
       (1) creates, initiates, or eliminates a program, project, 
     or activity;
       (2) increases funds or personnel for any program, project, 
     or activity for which funds are denied or restricted by this 
     Act; or
       (3) reduces funds that are directed to be used for a 
     specific program, project, or activity by this Act.
       (g)(1) The Secretary of Energy may waive any requirement or 
     restriction in this section that applies to the use of funds 
     made available for the Department of Energy if compliance 
     with such requirement or restriction would pose a substantial 
     risk to human health, the environment, welfare, or national 
     security.
       (2) The Secretary of Energy shall notify the Committees on 
     Appropriations of both Houses of Congress of any waiver under 
     paragraph (1) as soon as practicable, but not later than 3 
     days after the date of the activity to which a requirement or 
     restriction would otherwise have applied. Such notice shall 
     include an explanation of the substantial risk under 
     paragraph (1) that permitted such waiver.
       (h) The unexpended balances of prior appropriations 
     provided for activities in this Act may be available to the 
     same appropriation accounts for such activities established 
     pursuant to this title. Available balances may be merged with 
     funds in the applicable established accounts and thereafter 
     may be accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 302.  Funds appropriated by this or any other Act, or 
     made available by the transfer of funds in this Act, for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 3094) during fiscal 
     year 2021 until the enactment of the Intelligence 
     Authorization Act for fiscal year 2021.
       Sec. 303.  None of the funds made available in this title 
     shall be used for the construction of facilities classified 
     as high-hazard nuclear facilities under 10 CFR Part 830 
     unless independent oversight is conducted by the Office of 
     Enterprise Assessments to ensure the project is in compliance 
     with nuclear safety requirements.
       Sec. 304.  None of the funds made available in this title 
     may be used to approve critical decision-2 or critical 
     decision-3 under Department of Energy Order 413.3B, or any 
     successive departmental guidance, for construction projects 
     where the total project cost exceeds $100,000,000, until a 
     separate independent cost estimate has been developed for the 
     project for that critical decision.
       Sec. 305.  Notwithstanding section 161 of the Energy Policy 
     and Conservation Act (42 U.S.C. 6241), upon a determination 
     by the President in this fiscal year that a regional supply 
     shortage of refined petroleum product of significant scope 
     and duration exists, that a severe increase in the price of 
     refined petroleum product will likely result from such 
     shortage, and that a draw down and sale of refined petroleum 
     product would assist directly and significantly in reducing 
     the adverse impact of such shortage, the Secretary of Energy 
     may draw down and sell refined petroleum product from the 
     Strategic Petroleum Reserve. Proceeds from a sale under this 
     section shall be deposited into the SPR Petroleum Account 
     established in section 167 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6247), and such amounts shall be 
     available for obligation, without fiscal year limitation, 
     consistent with that section.
       Sec. 306. (a) Of the offsetting collections, including 
     unobligated balances of such collections, in the ``Department 
     of Energy--Power Marketing Administration--Colorado River 
     Basins Power Marketing Fund, Western Area Power 
     Administration'', $21,400,000 shall be

[[Page H7376]]

     transferred to the ``Department of the Interior--Bureau of 
     Reclamation--Upper Colorado River Basin Fund'' for the Bureau 
     of Reclamation to carry out environmental stewardship and 
     endangered species recovery efforts.
       (b) No funds shall be transferred directly from 
     ``Department of Energy--Power Marketing Administration--
     Colorado River Basins Power Marketing Fund, Western Area 
     Power Administration'' to the general fund of the Treasury in 
     the current fiscal year.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

       For expenses necessary to carry out the programs authorized 
     by the Appalachian Regional Development Act of 1965, and for 
     expenses necessary for the Federal Co-Chairman and the 
     Alternate on the Appalachian Regional Commission, for payment 
     of the Federal share of the administrative expenses of the 
     Commission, including services as authorized by 5 U.S.C. 
     3109, and hire of passenger motor vehicles, $180,000,000, to 
     remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

       For expenses necessary for the Defense Nuclear Facilities 
     Safety Board in carrying out activities authorized by the 
     Atomic Energy Act of 1954, as amended by Public Law 100-456, 
     section 1441, $31,000,000, to remain available until 
     September 30, 2022.

                        Delta Regional Authority

                         salaries and expenses

       For expenses necessary for the Delta Regional Authority and 
     to carry out its activities, as authorized by the Delta 
     Regional Authority Act of 2000, notwithstanding sections 
     382F(d), 382M, and 382N of said Act, $30,000,000, to remain 
     available until expended.

                           Denali Commission

       For expenses necessary for the Denali Commission including 
     the purchase, construction, and acquisition of plant and 
     capital equipment as necessary and other expenses, 
     $15,000,000, to remain available until expended, 
     notwithstanding the limitations contained in section 306(g) 
     of the Denali Commission Act of 1998:  Provided, That funds 
     shall be available for construction projects in an amount not 
     to exceed 80 percent of total project cost for distressed 
     communities, as defined by section 307 of the Denali 
     Commission Act of 1998 (division C, title III, Public Law 
     105-277), as amended by section 701 of appendix D, title VII, 
     Public Law 106-113 (113 Stat. 1501A-280), and an amount not 
     to exceed 50 percent for non-distressed communities:  
     Provided further, That notwithstanding any other provision of 
     law regarding payment of a non-Federal share in connection 
     with a grant-in-aid program, amounts under this heading shall 
     be available for the payment of such a non-Federal share for 
     programs undertaken to carry out the purposes of the 
     Commission.

                  Northern Border Regional Commission

       For expenses necessary for the Northern Border Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $30,000,000, to remain 
     available until expended:  Provided, That such amounts shall 
     be available for administrative expenses, notwithstanding 
     section 15751(b) of title 40, United States Code.

                 Southeast Crescent Regional Commission

       For expenses necessary for the Southeast Crescent Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $1,000,000, to remain 
     available until expended.

                  Southwest Border Regional Commission

       For expenses necessary for the Southwest Border Regional 
     Commission in carrying out activities authorized by subtitle 
     V of title 40, United States Code, $250,000, to remain 
     available until expended.

                     Nuclear Regulatory Commission

                         salaries and expenses

       For expenses necessary for the Commission in carrying out 
     the purposes of the Energy Reorganization Act of 1974 and the 
     Atomic Energy Act of 1954, $830,900,000, including official 
     representation expenses not to exceed $25,000, to remain 
     available until expended:  Provided, That of the amount 
     appropriated herein, not more than $9,500,000 may be made 
     available for salaries, travel, and other support costs for 
     the Office of the Commission, to remain available until 
     September 30, 2022:  Provided further, That revenues from 
     licensing fees, inspection services, and other services and 
     collections estimated at $710,293,000 in fiscal year 2021 
     shall be retained and used for necessary salaries and 
     expenses in this account, notwithstanding 31 U.S.C. 3302, and 
     shall remain available until expended:  Provided further, 
     That the sum herein appropriated shall be reduced by the 
     amount of revenues received during fiscal year 2021 so as to 
     result in a final fiscal year 2021 appropriation estimated at 
     not more than $120,607,000.

                      office of inspector general

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $13,499,000, to remain available until September 30, 
     2022:  Provided, That revenues from licensing fees, 
     inspection services, and other services and collections 
     estimated at $11,106,000 in fiscal year 2021 shall be 
     retained and be available until September 30, 2022, for 
     necessary salaries and expenses in this account, 
     notwithstanding section 3302 of title 31, United States Code: 
      Provided further, That the sum herein appropriated shall be 
     reduced by the amount of revenues received during fiscal year 
     2021 so as to result in a final fiscal year 2021 
     appropriation estimated at not more than $2,393,000:  
     Provided further, That of the amounts appropriated under this 
     heading, $1,206,000 shall be for Inspector General services 
     for the Defense Nuclear Facilities Safety Board.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

       For expenses necessary for the Nuclear Waste Technical 
     Review Board, as authorized by Public Law 100-203, section 
     5051, $3,600,000, to be derived from the Nuclear Waste Fund, 
     to remain available until September 30, 2022.

                GENERAL PROVISIONS--INDEPENDENT AGENCIES

       Sec. 401.  The Nuclear Regulatory Commission shall comply 
     with the July 5, 2011, version of Chapter VI of its Internal 
     Commission Procedures when responding to Congressional 
     requests for information, consistent with Department of 
     Justice guidance for all Federal agencies.
       Sec. 402. (a) The amounts made available by this title for 
     the Nuclear Regulatory Commission may be reprogrammed for any 
     program, project, or activity, and the Commission shall 
     notify the Committees on Appropriations of both Houses of 
     Congress at least 30 days prior to the use of any proposed 
     reprogramming that would cause any program funding level to 
     increase or decrease by more than $500,000 or 10 percent, 
     whichever is less, during the time period covered by this 
     Act.
       (b)(1) The Nuclear Regulatory Commission may waive the 
     notification requirement in subsection (a) if compliance with 
     such requirement would pose a substantial risk to human 
     health, the environment, welfare, or national security.
       (2) The Nuclear Regulatory Commission shall notify the 
     Committees on Appropriations of both Houses of Congress of 
     any waiver under paragraph (1) as soon as practicable, but 
     not later than 3 days after the date of the activity to which 
     a requirement or restriction would otherwise have applied. 
     Such notice shall include an explanation of the substantial 
     risk under paragraph (1) that permitted such waiver and shall 
     provide a detailed report to the Committees of such waiver 
     and changes to funding levels to programs, projects, or 
     activities.
       (c) Except as provided in subsections (a), (b), and (d), 
     the amounts made available by this title for ``Nuclear 
     Regulatory Commission--Salaries and Expenses'' shall be 
     expended as directed in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act).
       (d) None of the funds provided for the Nuclear Regulatory 
     Commission shall be available for obligation or expenditure 
     through a reprogramming of funds that increases funds or 
     personnel for any program, project, or activity for which 
     funds are denied or restricted by this Act.
       (e) The Commission shall provide a monthly report to the 
     Committees on Appropriations of both Houses of Congress, 
     which includes the following for each program, project, or 
     activity, including any prior year appropriations--
       (1) total budget authority;
       (2) total unobligated balances; and
       (3) total unliquidated obligations.

                                TITLE V

                           GENERAL PROVISIONS

                     (including transfer of funds)

       Sec. 501.  None of the funds appropriated by this Act may 
     be used in any way, directly or indirectly, to influence 
     congressional action on any legislation or appropriation 
     matters pending before Congress, other than to communicate to 
     Members of Congress as described in 18 U.S.C. 1913.
       Sec. 502. (a) None of the funds made available in title III 
     of this Act may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by or transfer authority provided 
     in this Act or any other appropriations Act for any fiscal 
     year, transfer authority referenced in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act), or any authority 
     whereby a department, agency, or instrumentality of the 
     United States Government may provide goods or services to 
     another department, agency, or instrumentality.
       (b) None of the funds made available for any department, 
     agency, or instrumentality of the United States Government 
     may be transferred to accounts funded in title III of this 
     Act, except pursuant to a transfer made by or transfer 
     authority provided in this Act or any other appropriations 
     Act for any fiscal year, transfer authority referenced in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act), or any 
     authority whereby a department, agency, or instrumentality of 
     the United States Government may provide goods or services to 
     another department, agency, or instrumentality.
       (c) The head of any relevant department or agency funded in 
     this Act utilizing any transfer authority shall submit to the 
     Committees on Appropriations of both Houses of Congress a 
     semiannual report detailing the transfer authorities, except 
     for any authority whereby a department, agency, or 
     instrumentality of the United States Government may provide 
     goods or services to another department, agency, or 
     instrumentality, used in the previous 6 months and in the 
     year-to-date. This report shall include the amounts 
     transferred and the purposes for which they were transferred, 
     and shall not replace or modify existing notification 
     requirements for each authority.
       Sec. 503.  None of the funds made available by this Act may 
     be used in contravention of Executive Order No. 12898 of 
     February 11, 1994 (Federal Actions to Address Environmental 
     Justice in Minority Populations and Low-Income Populations).
       Sec. 504. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks

[[Page H7377]]

     the viewing, downloading, and exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, Tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 505. (a) Requirements relating to non-Federal cost-
     share grants and cooperative agreements for the Delta 
     Regional Authority under section 382D of the Agricultural Act 
     of 1961 and Consolidated Farm and Rural Development Act (7 
     U.S.C. 2009aa-3) are waived for grants awarded in fiscal year 
     2020 and in subsequent years in response to economic distress 
     directly related to the impacts of the Coronavirus Disease 
     (COVID-19).
       (b) Requirements relating to non-Federal cost-share grants 
     and cooperative agreements for the Northern Border Regional 
     Commission under section 15501(d) of title 40, United States 
     Code, are waived for grants awarded in fiscal year 2020 and 
     in subsequent years in response to economic distress directly 
     related to the impacts of the Coronavirus Disease (COVID-19).
       (c) Requirements relating to non-Federal cost-share grants 
     and cooperative agreements for the Denali Commission are 
     waived for grants awarded in fiscal year 2020 and in 
     subsequent years in response to economic distress directly 
     related to the impacts of the Coronavirus Disease (COVID-19).
       Sec. 506.  Of the unavailable collections currently in the 
     United States Enrichment Corporation Fund, $291,000,000 shall 
     be transferred to and merged with the Uranium Enrichment 
     Decontamination and Decommissioning Fund and shall be 
     available only to the extent provided in advance in 
     appropriations Acts.
       This division may be cited as the ``Energy and Water 
     Development and Related Agencies Appropriations Act, 2021''.

 DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS 
                               ACT, 2021

                                TITLE I

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices

                         salaries and expenses

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Freedman's Bank Building; hire of passenger motor 
     vehicles; maintenance, repairs, and improvements of, and 
     purchase of commercial insurance policies for, real 
     properties leased or owned overseas, when necessary for the 
     performance of official business; executive direction program 
     activities; international affairs and economic policy 
     activities; domestic finance and tax policy activities, 
     including technical assistance to State, local, and 
     territorial entities; and Treasury-wide management policies 
     and programs activities, $233,000,000:  Provided, That of the 
     amount appropriated under this heading--
       (1) not to exceed $350,000 is for official reception and 
     representation expenses;
       (2) not to exceed $258,000 is for unforeseen emergencies of 
     a confidential nature to be allocated and expended under the 
     direction of the Secretary of the Treasury and to be 
     accounted for solely on the Secretary's certificate; and
       (3) not to exceed $24,000,000 shall remain available until 
     September 30, 2022, for--
       (A) the Treasury-wide Financial Statement Audit and 
     Internal Control Program;
       (B) information technology modernization requirements;
       (C) the audit, oversight, and administration of the Gulf 
     Coast Restoration Trust Fund;
       (D) the development and implementation of programs within 
     the Office of Cybersecurity and Critical Infrastructure 
     Protection, including entering into cooperative agreements;
       (E) operations and maintenance of facilities; and
       (F) international operations.

       committee on foreign investment in the united states fund

                     (including transfer of funds)

       For necessary expenses of the Committee on Foreign 
     Investment in the United States, $20,000,000, to remain 
     available until expended:  Provided, That the chairperson of 
     the Committee may transfer such amounts to any department or 
     agency represented on the Committee (including the Department 
     of the Treasury) subject to advance notification to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate:  Provided further, That amounts so 
     transferred shall remain available until expended for 
     expenses of implementing section 721 of the Defense 
     Production Act of 1950, as amended (50 U.S.C. 4565), and 
     shall be available in addition to any other funds available 
     to any department or agency:  Provided further, That fees 
     authorized by section 721(p) of such Act shall be credited to 
     this appropriation as offsetting collections:  Provided 
     further, That the total amount appropriated under this 
     heading from the general fund shall be reduced as such 
     offsetting collections are received during fiscal year 2021, 
     so as to result in a total appropriation from the general 
     fund estimated at not more than $15,000,000.

             office of terrorism and financial intelligence

                         salaries and expenses

       For the necessary expenses of the Office of Terrorism and 
     Financial Intelligence to safeguard the financial system 
     against illicit use and to combat rogue nations, terrorist 
     facilitators, weapons of mass destruction proliferators, 
     human rights abusers, money launderers, drug kingpins, and 
     other national security threats, $175,000,000, of which not 
     less than $3,000,000 shall be available for addressing human 
     rights violations and corruption, including activities 
     authorized by the Global Magnitsky Human Rights 
     Accountability Act (22 U.S.C. 2656 note):  Provided, That of 
     the amounts appropriated under this heading, up to 
     $10,000,000 shall remain available until September 30, 2022.

                   cybersecurity enhancement account

       For salaries and expenses for enhanced cybersecurity for 
     systems operated by the Department of the Treasury, 
     $18,000,000, to remain available until September 30, 2023:  
     Provided, That such funds shall supplement and not supplant 
     any other amounts made available to the Treasury offices and 
     bureaus for cybersecurity:  Provided further, That of the 
     total amount made available under this heading $1,000,000 
     shall be available for administrative expenses for the 
     Treasury Chief Information Officer to provide oversight of 
     the investments made under this heading:  Provided further, 
     That such funds shall supplement and not supplant any other 
     amounts made available to the Treasury Chief Information 
     Officer.

        department-wide systems and capital investments programs

                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services and for repairs 
     and renovations to buildings owned by the Department of the 
     Treasury, $6,118,000, to remain available until September 30, 
     2023:  Provided, That these funds shall be transferred to 
     accounts and in amounts as necessary to satisfy the 
     requirements of the Department's offices, bureaus, and other 
     organizations:  Provided further, That this transfer 
     authority shall be in addition to any other transfer 
     authority provided in this Act:  Provided further, That none 
     of the funds appropriated under this heading shall be used to 
     support or supplement ``Internal Revenue Service, Operations 
     Support'' or ``Internal Revenue Service, Business Systems 
     Modernization''.

                      office of inspector general

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $41,044,000, including hire of passenger motor 
     vehicles; of which not to exceed $100,000 shall be available 
     for unforeseen emergencies of a confidential nature, to be 
     allocated and expended under the direction of the Inspector 
     General of the Treasury; of which up to $2,800,000 to remain 
     available until September 30, 2022, shall be for audits and 
     investigations conducted pursuant to section 1608 of the 
     Resources and Ecosystems Sustainability, Tourist 
     Opportunities, and Revived Economies of the Gulf Coast States 
     Act of 2012 (33 U.S.C. 1321 note); and of which not to exceed 
     $1,000 shall be available for official reception and 
     representation expenses.

           treasury inspector general for tax administration

                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in carrying out the Inspector General 
     Act of 1978, as amended, including purchase and hire of 
     passenger motor vehicles (31 U.S.C. 1343(b)); and services 
     authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Inspector General for Tax Administration; 
     $170,250,000, of which $5,000,000 shall remain available 
     until September 30, 2022; of which not to exceed $6,000,000 
     shall be available for official travel expenses; of which not 
     to exceed $500,000 shall be available for unforeseen 
     emergencies of a confidential nature, to be allocated and 
     expended under the direction of the Inspector General for Tax 
     Administration; and of which not to exceed $1,500 shall be 
     available for official reception and representation expenses.

    special inspector general for the troubled asset relief program

                         salaries and expenses

       For necessary expenses of the Office of the Special 
     Inspector General in carrying out the provisions of the 
     Emergency Economic Stabilization Act of 2008 (Public Law 110-
     343), $19,000,000.

                  Financial Crimes Enforcement Network

                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     and training expenses of non-Federal and foreign government 
     personnel to attend meetings and training concerned with 
     domestic and foreign financial intelligence activities, law 
     enforcement, and financial regulation; services authorized by 
     5 U.S.C. 3109; not to exceed $12,000 for official reception 
     and representation expenses; and for assistance to Federal 
     law enforcement agencies, with or without reimbursement, 
     $126,963,000, of which not to exceed $34,335,000 shall remain 
     available until September 30, 2023.

                      Bureau of the Fiscal Service

                         salaries and expenses

       For necessary expenses of operations of the Bureau of the 
     Fiscal Service, $345,569,000; of which not to exceed 
     $8,000,000, to remain available until September 30, 2023, is 
     for information systems modernization initiatives; and of 
     which $5,000 shall be available for official reception and 
     representation expenses.
       In addition, $165,000, to be derived from the Oil Spill 
     Liability Trust Fund to reimburse administrative and 
     personnel expenses for financial management of the Fund, as 
     authorized by section 1012 of Public Law 101-380.

                Alcohol and Tobacco Tax and Trade Bureau

                         salaries and expenses

       For necessary expenses of carrying out section 1111 of the 
     Homeland Security Act of 2002, including hire of passenger 
     motor vehicles,

[[Page H7378]]

     $124,337,000; of which not to exceed $6,000 shall be 
     available for official reception and representation expenses; 
     and of which not to exceed $50,000 shall be available for 
     cooperative research and development programs for laboratory 
     services; and provision of laboratory assistance to State and 
     local agencies with or without reimbursement:  Provided, That 
     of the amount appropriated under this heading, $5,000,000 
     shall be for the costs of accelerating the processing of 
     formula and label applications:  Provided further, That of 
     the amount appropriated under this heading, $5,000,000, to 
     remain available until September 30, 2022, shall be for the 
     costs associated with enforcement of and education regarding 
     the trade practice provisions of the Federal Alcohol 
     Administration Act (27 U.S.C. 201 et seq.).

                           United States Mint

               united states mint public enterprise fund

       Pursuant to section 5136 of title 31, United States Code, 
     the United States Mint is provided funding through the United 
     States Mint Public Enterprise Fund for costs associated with 
     the production of circulating coins, numismatic coins, and 
     protective services, including both operating expenses and 
     capital investments:  Provided, That the aggregate amount of 
     new liabilities and obligations incurred during fiscal year 
     2021 under such section 5136 for circulating coinage and 
     protective service capital investments of the United States 
     Mint shall not exceed $50,000,000.

   Community Development Financial Institutions Fund Program Account

       To carry out the Riegle Community Development and 
     Regulatory Improvement Act of 1994 (subtitle A of title I of 
     Public Law 103-325), including services authorized by section 
     3109 of title 5, United States Code, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     rate for EX-III, $270,000,000. Of the amount appropriated 
     under this heading--
       (1) not less than $167,000,000, notwithstanding section 
     108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard 
     to Small and/or Emerging Community Development Financial 
     Institutions Assistance awards, is available until September 
     30, 2022, for financial assistance and technical assistance 
     under subparagraphs (A) and (B) of section 108(a)(1), 
     respectively, of Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) 
     and (B)), of which up to $1,600,000 may be available for 
     training and outreach under section 109 of Public Law 103-325 
     (12 U.S.C. 4708), of which up to $2,374,500 may be used for 
     the cost of direct loans, of which up to $6,000,000, 
     notwithstanding subsection (d) of section 108 of Public Law 
     103-325 (12 U.S.C. 4707 (d)), may be available to provide 
     financial assistance, technical assistance, training, and 
     outreach to community development financial institutions to 
     expand investments that benefit individuals with 
     disabilities, and of which not less than $2,000,000 shall be 
     for the Economic Mobility Corps to be operated in conjunction 
     with the Corporation for National and Community Service, 
     pursuant to 42 U.S.C. 12571:  Provided, That the cost of 
     direct and guaranteed loans, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974:  Provided further, That 
     these funds are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $25,000,000:  Provided further, That of the funds provided 
     under this paragraph, excluding those made to community 
     development financial institutions to expand investments that 
     benefit individuals with disabilities and those made to 
     community development financial institutions that serve 
     populations living in persistent poverty counties, the CDFI 
     Fund shall prioritize Financial Assistance awards to 
     organizations that invest and lend in high-poverty areas:  
     Provided further, That for purposes of this section, the term 
     ``high-poverty area'' means any census tract with a poverty 
     rate of at least 20 percent as measured by the 2011-2015 5-
     year data series available from the American Community Survey 
     of the Bureau of the Census for all States and Puerto Rico or 
     with a poverty rate of at least 20 percent as measured by the 
     2010 Island areas Decennial Census data for any territory or 
     possession of the United States;
       (2) Not less than $16,500,000, notwithstanding section 
     108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is 
     available until September 30, 2022, for financial assistance, 
     technical assistance, training, and outreach programs 
     designed to benefit Native American, Native Hawaiian, and 
     Alaska Native communities and provided primarily through 
     qualified community development lender organizations with 
     experience and expertise in community development banking and 
     lending in Indian country, Native American organizations, 
     Tribes and Tribal organizations, and other suitable 
     providers;
       (3) not less than $26,000,000 is available until September 
     30, 2022, for the Bank Enterprise Award program;
       (4) not less than $23,000,000, notwithstanding subsections 
     (d) and (e) of section 108 of Public Law 103-325 (12 U.S.C. 
     4707(d) and (e)), is available until September 30, 2022, for 
     a Healthy Food Financing Initiative to provide financial 
     assistance, technical assistance, training, and outreach to 
     community development financial institutions for the purpose 
     of offering affordable financing and technical assistance to 
     expand the availability of healthy food options in distressed 
     communities;
       (5) not less than $8,500,000 is available until September 
     30, 2022, to provide grants for loan loss reserve funds and 
     to provide technical assistance for small dollar loan 
     programs under section 122 of Public Law 103-325 (12 U.S.C. 
     4719):  Provided, That sections 108(d) and 122(b)(2) of such 
     Public Law shall not apply to the provision of such grants 
     and technical assistance;
       (6) up to $29,000,000 is available until September 30, 
     2021, for administrative expenses, including administration 
     of CDFI Fund programs and the New Markets Tax Credit Program, 
     of which not less than $1,000,000 is for development of tools 
     to better assess and inform CDFI investment performance, and 
     up to $300,000 is for administrative expenses to carry out 
     the direct loan program; and
       (7) during fiscal year 2021, none of the funds available 
     under this heading are available for the cost, as defined in 
     section 502 of the Congressional Budget Act of 1974, of 
     commitments to guarantee bonds and notes under section 114A 
     of the Riegle Community Development and Regulatory 
     Improvement Act of 1994 (12 U.S.C. 4713a):  Provided, That 
     commitments to guarantee bonds and notes under such section 
     114A shall not exceed $500,000,000:  Provided further, That 
     such section 114A shall remain in effect until December 31, 
     2021:  Provided further, That of the funds awarded under this 
     heading, except those provided for the Economic Mobility 
     Corps, not less than 10 percent shall be used for awards that 
     support investments that serve populations living in 
     persistent poverty counties:  Provided further, That for the 
     purposes of this paragraph and paragraph (1), the term 
     ``persistent poverty counties'' means any county, including 
     county equivalent areas in Puerto Rico, that has had 20 
     percent or more of its population living in poverty over the 
     past 30 years, as measured by the 1990 and 2000 decennial 
     censuses and the 2011-2015 5-year data series available from 
     the American Community Survey of the Bureau of the Census or 
     any other territory or possession of the United States that 
     has had 20 percent or more of its population living in 
     poverty over the past 30 years, as measured by the 1990, 2000 
     and 2010 Island Areas Decennial Censuses, or equivalent data, 
     of the Bureau of the Census.

                        Internal Revenue Service

                           taxpayer services

       For necessary expenses of the Internal Revenue Service to 
     provide taxpayer services, including pre-filing assistance 
     and education, filing and account services, taxpayer advocacy 
     services, and other services as authorized by 5 U.S.C. 3109, 
     at such rates as may be determined by the Commissioner, 
     $2,555,606,000, of which not less than $11,000,000 shall be 
     for the Tax Counseling for the Elderly Program, of which not 
     less than $13,000,000 shall be available for low-income 
     taxpayer clinic grants, of which not less than $30,000,000, 
     to remain available until September 30, 2022, shall be 
     available for the Community Volunteer Income Tax Assistance 
     Matching Grants Program for tax return preparation 
     assistance, and of which not less than $211,000,000 shall be 
     available for operating expenses of the Taxpayer Advocate 
     Service:  Provided, That of the amounts made available for 
     the Taxpayer Advocate Service, not less than $5,500,000 shall 
     be for identity theft and refund fraud casework.

                              enforcement

       For necessary expenses for tax enforcement activities of 
     the Internal Revenue Service to determine and collect owed 
     taxes, to provide legal and litigation support, to conduct 
     criminal investigations, to enforce criminal statutes related 
     to violations of internal revenue laws and other financial 
     crimes, to purchase and hire passenger motor vehicles (31 
     U.S.C. 1343(b)), and to provide other services as authorized 
     by 5 U.S.C. 3109, at such rates as may be determined by the 
     Commissioner, $5,212,622,000, of which not to exceed 
     $250,000,000 shall remain available until September 30, 2022; 
     of which not less than $60,257,000 shall be for the 
     Interagency Crime and Drug Enforcement program; and of which 
     not to exceed $15,000,000 shall be for investigative 
     technology for the Criminal Investigation Division:  
     Provided, That the amount made available for investigative 
     technology for the Criminal Investigation Division shall be 
     in addition to amounts made available for the Criminal 
     Investigation Division under the ``Operations Support'' 
     heading.

                           operations support

       For necessary expenses of the Internal Revenue Service to 
     support taxpayer services and enforcement programs, including 
     rent payments; facilities services; printing; postage; 
     physical security; headquarters and other IRS-wide 
     administration activities; research and statistics of income; 
     telecommunications; information technology development, 
     enhancement, operations, maintenance, and security; the hire 
     of passenger motor vehicles (31 U.S.C. 1343(b)); the 
     operations of the Internal Revenue Service Oversight Board; 
     and other services as authorized by 5 U.S.C. 3109, at such 
     rates as may be determined by the Commissioner; 
     $3,928,102,000, of which not to exceed $275,000,000 shall 
     remain available until September 30, 2022; of which not to 
     exceed $10,000,000 shall remain available until expended for 
     acquisition of equipment and construction, repair and 
     renovation of facilities; of which not to exceed $1,000,000 
     shall remain available until September 30, 2023, for 
     research; of which not less than $10,000,000, to remain 
     available until expended, shall be available for 
     establishment of an application through which entities 
     registering and renewing registrations in the System for 
     Award Management may request an authenticated electronic 
     certification stating that the entity does or does not have a 
     seriously delinquent tax debt; and of which not to exceed 
     $20,000 shall be for official reception and representation 
     expenses:  Provided, That not later than 30 days after the 
     end of each quarter, the Internal Revenue Service shall 
     submit a report to the Committees on Appropriations of the 
     House of Representatives and the Senate and

[[Page H7379]]

     the Comptroller General of the United States detailing major 
     information technology investments in the Internal Revenue 
     Service Integrated Modernization Business Plan portfolio, 
     including detailed, plain language summaries on the status of 
     plans, costs, and results; prior results and actual 
     expenditures of the prior quarter; upcoming deliverables and 
     costs for the fiscal year; risks and mitigation strategies 
     associated with ongoing work; reasons for any cost or 
     schedule variances; and total expenditures by fiscal year:  
     Provided further, That the Internal Revenue Service shall 
     include, in its budget justification for fiscal year 2022, a 
     summary of cost and schedule performance information for its 
     major information technology systems.

                     business systems modernization

       For necessary expenses of the Internal Revenue Service's 
     business systems modernization program, $222,724,000, to 
     remain available until September 30, 2023, for the capital 
     asset acquisition of information technology systems, 
     including management and related contractual costs of said 
     acquisitions, including related Internal Revenue Service 
     labor costs, and contractual costs associated with operations 
     authorized by 5 U.S.C. 3109:  Provided, That not later than 
     30 days after the end of each quarter, the Internal Revenue 
     Service shall submit a report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     and the Comptroller General of the United States detailing 
     major information technology investments in the Internal 
     Revenue Service Integrated Modernization Business Plan 
     portfolio, including detailed, plain language summaries on 
     the status of plans, costs, and results; prior results and 
     actual expenditures of the prior quarter; upcoming 
     deliverables and costs for the fiscal year; risks and 
     mitigation strategies associated with ongoing work; reasons 
     for any cost or schedule variances; and total expenditures by 
     fiscal year.

          administrative provisions--internal revenue service

                     (including transfer of funds)

       Sec. 101.  Not to exceed 4 percent of the appropriation 
     made available in this Act to the Internal Revenue Service 
     under the ``Enforcement'' heading, and not to exceed 5 
     percent of any other appropriation made available in this Act 
     to the Internal Revenue Service, may be transferred to any 
     other Internal Revenue Service appropriation upon the advance 
     approval of the Committees on Appropriations of the House of 
     Representatives and the Senate.
       Sec. 102.  The Internal Revenue Service shall maintain an 
     employee training program, which shall include the following 
     topics: taxpayers' rights, dealing courteously with 
     taxpayers, cross-cultural relations, ethics, and the 
     impartial application of tax law.
       Sec. 103.  The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information and protect taxpayers 
     against identity theft.
       Sec. 104.  Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities and increased staffing to provide sufficient and 
     effective 1-800 help line service for taxpayers. The 
     Commissioner shall continue to make improvements to the 
     Internal Revenue Service 1-800 help line service a priority 
     and allocate resources necessary to enhance the response time 
     to taxpayer communications, particularly with regard to 
     victims of tax-related crimes.
       Sec. 105.  The Internal Revenue Service shall issue a 
     notice of confirmation of any address change relating to an 
     employer making employment tax payments, and such notice 
     shall be sent to both the employer's former and new address 
     and an officer or employee of the Internal Revenue Service 
     shall give special consideration to an offer-in-compromise 
     from a taxpayer who has been the victim of fraud by a third 
     party payroll tax preparer.
       Sec. 106.  None of the funds made available under this Act 
     may be used by the Internal Revenue Service to target 
     citizens of the United States for exercising any right 
     guaranteed under the First Amendment to the Constitution of 
     the United States.
       Sec. 107.  None of the funds made available in this Act may 
     be used by the Internal Revenue Service to target groups for 
     regulatory scrutiny based on their ideological beliefs.
       Sec. 108.  None of funds made available by this Act to the 
     Internal Revenue Service shall be obligated or expended on 
     conferences that do not adhere to the procedures, 
     verification processes, documentation requirements, and 
     policies issued by the Chief Financial Officer, Human Capital 
     Office, and Agency-Wide Shared Services as a result of the 
     recommendations in the report published on May 31, 2013, by 
     the Treasury Inspector General for Tax Administration 
     entitled ``Review of the August 2010 Small Business/Self-
     Employed Division's Conference in Anaheim, California'' 
     (Reference Number 2013-10-037).
       Sec. 109.  None of the funds made available in this Act to 
     the Internal Revenue Service may be obligated or expended--
       (1) to make a payment to any employee under a bonus, award, 
     or recognition program; or
       (2) under any hiring or personnel selection process with 
     respect to re-hiring a former employee;
     unless such program or process takes into account the conduct 
     and Federal tax compliance of such employee or former 
     employee.
       Sec. 110.  None of the funds made available by this Act may 
     be used in contravention of section 6103 of the Internal 
     Revenue Code of 1986 (relating to confidentiality and 
     disclosure of returns and return information).

         Administrative Provisions--Department of the Treasury

                     (including transfers of funds)

       Sec. 111.  Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 112.  Not to exceed 2 percent of any appropriations in 
     this title made available under the headings ``Departmental 
     Offices--Salaries and Expenses'', ``Office of Inspector 
     General'', ``Special Inspector General for the Troubled Asset 
     Relief Program'', ``Financial Crimes Enforcement Network'', 
     ``Bureau of the Fiscal Service'', and ``Alcohol and Tobacco 
     Tax and Trade Bureau'' may be transferred between such 
     appropriations upon the advance approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided, That no transfer under this section may 
     increase or decrease any such appropriation by more than 2 
     percent.
       Sec. 113.  Not to exceed 2 percent of any appropriation 
     made available in this Act to the Internal Revenue Service 
     may be transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided, That no transfer 
     may increase or decrease any such appropriation by more than 
     2 percent.
       Sec. 114.  None of the funds appropriated in this Act or 
     otherwise available to the Department of the Treasury or the 
     Bureau of Engraving and Printing may be used to redesign the 
     $1 Federal Reserve note.
       Sec. 115.  The Secretary of the Treasury may transfer funds 
     from the ``Bureau of the Fiscal Service--Salaries and 
     Expenses'' to the Debt Collection Fund as necessary to cover 
     the costs of debt collection:  Provided, That such amounts 
     shall be reimbursed to such salaries and expenses account 
     from debt collections received in the Debt Collection Fund.
       Sec. 116.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the Committees on Appropriations of the 
     House of Representatives and the Senate, the House Committee 
     on Financial Services, and the Senate Committee on Banking, 
     Housing, and Urban Affairs.
       Sec. 117.  None of the funds appropriated or otherwise made 
     available by this or any other Act or source to the 
     Department of the Treasury, the Bureau of Engraving and 
     Printing, and the United States Mint, individually or 
     collectively, may be used to consolidate any or all functions 
     of the Bureau of Engraving and Printing and the United States 
     Mint without the explicit approval of the House Committee on 
     Financial Services; the Senate Committee on Banking, Housing, 
     and Urban Affairs; and the Committees on Appropriations of 
     the House of Representatives and the Senate.
       Sec. 118.  Funds appropriated by this Act, or made 
     available by the transfer of funds in this Act, for the 
     Department of the Treasury's intelligence or intelligence 
     related activities are deemed to be specifically authorized 
     by the Congress for purposes of section 504 of the National 
     Security Act of 1947 (50 U.S.C. 414) during fiscal year 2021 
     until the enactment of the Intelligence Authorization Act for 
     Fiscal Year 2021.
       Sec. 119.  Not to exceed $5,000 shall be made available 
     from the Bureau of Engraving and Printing's Industrial 
     Revolving Fund for necessary official reception and 
     representation expenses.
       Sec. 120.  The Secretary of the Treasury shall submit a 
     Capital Investment Plan to the Committees on Appropriations 
     of the House of Representatives and the Senate not later than 
     30 days following the submission of the annual budget 
     submitted by the President:  Provided, That such Capital 
     Investment Plan shall include capital investment spending 
     from all accounts within the Department of the Treasury, 
     including but not limited to the Department-wide Systems and 
     Capital Investment Programs account, Treasury Franchise Fund 
     account, and the Treasury Forfeiture Fund account:  Provided 
     further, That such Capital Investment Plan shall include 
     expenditures occurring in previous fiscal years for each 
     capital investment project that has not been fully completed.
       Sec. 121.  Within 45 days after the date of enactment of 
     this Act, the Secretary of the Treasury shall submit an 
     itemized report to the Committees on Appropriations of the 
     House of Representatives and the Senate on the amount of 
     total funds charged to each office by the Franchise Fund 
     including the amount charged for each service provided by the 
     Franchise Fund to each office, a detailed description of the 
     services, a detailed explanation of how each charge for each 
     service is calculated, and a description of the role 
     customers have in governing in the Franchise Fund.
       Sec. 122.  During fiscal year 2021--
       (1) none of the funds made available in this or any other 
     Act may be used by the Department of the Treasury, including 
     the Internal Revenue Service, to issue, revise, or finalize 
     any regulation, revenue ruling, or other guidance not limited 
     to a particular taxpayer relating to the standard which is 
     used to determine whether an organization is operated 
     exclusively for the promotion of social welfare for purposes 
     of section 501(c)(4) of the Internal Revenue Code of 1986 
     (including the proposed regulations published at 78 Fed. Reg. 
     71535 (November 29, 2013)); and
       (2) the standard and definitions as in effect on January 1, 
     2010, which are used to make such determinations shall apply 
     after the date

[[Page H7380]]

     of the enactment of this Act for purposes of determining 
     status under section 501(c)(4) of such Code of organizations 
     created on, before, or after such date.
       Sec. 123. (a) Not later than 60 days after the end of each 
     quarter, the Office of Financial Stability and the Office of 
     Financial Research shall submit reports on their activities 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Financial 
     Services of the House of Representatives and the Senate 
     Committee on Banking, Housing, and Urban Affairs.
       (b) The reports required under subsection (a) shall 
     include--
       (1) the obligations made during the previous quarter by 
     object class, office, and activity;
       (2) the estimated obligations for the remainder of the 
     fiscal year by object class, office, and activity;
       (3) the number of full-time equivalents within each office 
     during the previous quarter;
       (4) the estimated number of full-time equivalents within 
     each office for the remainder of the fiscal year; and
       (5) actions taken to achieve the goals, objectives, and 
     performance measures of each office.
       (c) At the request of any such Committees specified in 
     subsection (a), the Office of Financial Stability and the 
     Office of Financial Research shall make officials available 
     to testify on the contents of the reports required under 
     subsection (a).
       Sec. 124.  In addition to the amounts otherwise made 
     available to the Department of the Treasury, $25,000,000, to 
     remain available until expended, shall be for expenses 
     associated with digitization and distribution of the 
     Department's records of matured savings bonds that have not 
     been redeemed.
       This title may be cited as the ``Department of the Treasury 
     Appropriations Act, 2021''.

                                TITLE II

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                            The White House

                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, and travel (not to exceed 
     $100,000 to be expended and accounted for as provided by 3 
     U.S.C. 103); and not to exceed $19,000 for official reception 
     and representation expenses, to be available for allocation 
     within the Executive Office of the President; and for 
     necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, $55,000,000.

                 Executive Residence at the White House

                           operating expenses

       For necessary expenses of the Executive Residence at the 
     White House, $13,641,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.

                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such sums as may be necessary:  Provided, 
     That all reimbursable operating expenses of the Executive 
     Residence shall be made in accordance with the provisions of 
     this paragraph:  Provided further, That, notwithstanding any 
     other provision of law, such amount for reimbursable 
     operating expenses shall be the exclusive authority of the 
     Executive Residence to incur obligations and to receive 
     offsetting collections, for such expenses:  Provided further, 
     That the Executive Residence shall require each person 
     sponsoring a reimbursable political event to pay in advance 
     an amount equal to the estimated cost of the event, and all 
     such advance payments shall be credited to this account and 
     remain available until expended:  Provided further, That the 
     Executive Residence shall require the national committee of 
     the political party of the President to maintain on deposit 
     $25,000, to be separately accounted for and available for 
     expenses relating to reimbursable political events sponsored 
     by such committee during such fiscal year:  Provided further, 
     That the Executive Residence shall ensure that a written 
     notice of any amount owed for a reimbursable operating 
     expense under this paragraph is submitted to the person owing 
     such amount within 60 days after such expense is incurred, 
     and that such amount is collected within 30 days after the 
     submission of such notice:  Provided further, That the 
     Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under 31 U.S.C. 
     3717:  Provided further, That each such amount that is 
     reimbursed, and any accompanying interest and charges, shall 
     be deposited in the Treasury as miscellaneous receipts:  
     Provided further, That the Executive Residence shall prepare 
     and submit to the Committees on Appropriations, by not later 
     than 90 days after the end of the fiscal year covered by this 
     Act, a report setting forth the reimbursable operating 
     expenses of the Executive Residence during the preceding 
     fiscal year, including the total amount of such expenses, the 
     amount of such total that consists of reimbursable official 
     and ceremonial events, the amount of such total that consists 
     of reimbursable political events, and the portion of each 
     such amount that has been reimbursed as of the date of the 
     report:  Provided further, That the Executive Residence shall 
     maintain a system for the tracking of expenses related to 
     reimbursable events within the Executive Residence that 
     includes a standard for the classification of any such 
     expense as political or nonpolitical:  Provided further, That 
     no provision of this paragraph may be construed to exempt the 
     Executive Residence from any other applicable requirement of 
     subchapter I or II of chapter 37 of title 31, United States 
     Code.

                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House pursuant to 3 U.S.C. 
     105(d), $2,500,000, to remain available until expended, for 
     required maintenance, resolution of safety and health issues, 
     and continued preventative maintenance.

                      Council of Economic Advisers

                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021 et seq.), $4,000,000.

        National Security Council and Homeland Security Council

                         salaries and expenses

       For necessary expenses of the National Security Council and 
     the Homeland Security Council, including services as 
     authorized by 5 U.S.C. 3109, $12,150,000 of which not to 
     exceed $5,000 shall be available for official reception and 
     representation expenses.

                        Office of Administration

                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $100,000,000, of which not to exceed $12,800,000 shall remain 
     available until expended for continued modernization of 
     information resources within the Executive Office of the 
     President.

             Presidential Transition Administrative Support

                     (including transfer of funds)

       For expenses of the Office of Administration to carry out 
     the Presidential Transition Act of 1963, as amended, and 
     similar expenses, in addition to amounts otherwise 
     appropriated by law, $8,000,000:  Provided, That such funds 
     may be transferred to other accounts that provide funding for 
     offices within the Executive Office of the President and the 
     Office of the Vice President in this Act or any other Act, to 
     carry out such purposes.

                    Office of Management and Budget

                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109, to carry out the 
     provisions of chapter 35 of title 44, United States Code, and 
     to prepare and submit the budget of the United States 
     Government, in accordance with section 1105(a) of title 31, 
     United States Code, $106,600,000, of which not to exceed 
     $3,000 shall be available for official representation 
     expenses:  Provided, That none of the funds appropriated in 
     this Act for the Office of Management and Budget may be used 
     for the purpose of reviewing any agricultural marketing 
     orders or any activities or regulations under the provisions 
     of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 
     601 et seq.):  Provided further, That none of the funds made 
     available for the Office of Management and Budget by this Act 
     may be expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or their subcommittees:  Provided further, 
     That none of the funds made available for the Office of 
     Management and Budget by this Act may be expended for the 
     altering of the annual work plan developed by the Corps of 
     Engineers for submission to the Committees on Appropriations: 
      Provided further, That none of the funds provided in this or 
     prior Acts shall be used, directly or indirectly, by the 
     Office of Management and Budget, for evaluating or 
     determining if water resource project or study reports 
     submitted by the Chief of Engineers acting through the 
     Secretary of the Army are in compliance with all applicable 
     laws, regulations, and requirements relevant to the Civil 
     Works water resource planning process:  Provided further, 
     That the Office of Management and Budget shall have not more 
     than 60 days in which to perform budgetary policy reviews of 
     water resource matters on which the Chief of Engineers has 
     reported:  Provided further, That the Director of the Office 
     of Management and Budget shall notify the appropriate 
     authorizing and appropriating committees when the 60-day 
     review is initiated:  Provided further, That if water 
     resource reports have not been transmitted to the appropriate 
     authorizing and appropriating committees within 15 days after 
     the end of the Office of Management and Budget review period 
     based on the notification from the Director, Congress shall 
     assume Office of Management and Budget concurrence with the 
     report and act accordingly.

             Intellectual Property Enforcement Coordinator

       For necessary expenses of the Office of the Intellectual 
     Property Enforcement Coordinator, as authorized by title III 
     of the Prioritizing Resources and Organization for 
     Intellectual Property Act of 2008 (Public Law 110-403), 
     including services authorized by 5 U.S.C. 3109, $1,800,000.

                 Office of National Drug Control Policy

                         salaries and expenses

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998, as

[[Page H7381]]

     amended; not to exceed $10,000 for official reception and 
     representation expenses; and for participation in joint 
     projects or in the provision of services on matters of mutual 
     interest with nonprofit, research, or public organizations or 
     agencies, with or without reimbursement, $18,400,000:  
     Provided, That the Office is authorized to accept, hold, 
     administer, and utilize gifts, both real and personal, public 
     and private, without fiscal year limitation, for the purpose 
     of aiding or facilitating the work of the Office.

                     federal drug control programs

             high intensity drug trafficking areas program

                     (including transfers of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $290,000,000, to remain available until September 
     30, 2022, for drug control activities consistent with the 
     approved strategy for each of the designated High Intensity 
     Drug Trafficking Areas (``HIDTAs''), of which not less than 
     51 percent shall be transferred to State and local entities 
     for drug control activities and shall be obligated not later 
     than 120 days after enactment of this Act:  Provided, That up 
     to 49 percent may be transferred to Federal agencies and 
     departments in amounts determined by the Director of the 
     Office of National Drug Control Policy, of which up to 
     $2,700,000 may be used for auditing services and associated 
     activities:  Provided further, That any unexpended funds 
     obligated prior to fiscal year 2019 may be used for any other 
     approved activities of that HIDTA, subject to reprogramming 
     requirements:  Provided further, That each HIDTA designated 
     as of September 30, 2020, shall be funded at not less than 
     the fiscal year 2020 base level, unless the Director submits 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate justification for changes to 
     those levels based on clearly articulated priorities and 
     published Office of National Drug Control Policy performance 
     measures of effectiveness:  Provided further, That the 
     Director shall notify the Committees on Appropriations of the 
     initial allocation of fiscal year 2021 funding among HIDTAs 
     not later than 45 days after enactment of this Act, and shall 
     notify the Committees of planned uses of discretionary HIDTA 
     funding, as determined in consultation with the HIDTA 
     Directors, not later than 90 days after enactment of this 
     Act:  Provided further, That upon a determination that all or 
     part of the funds so transferred from this appropriation are 
     not necessary for the purposes provided herein and upon 
     notification to the Committees on Appropriations of the House 
     of Representatives and the Senate, such amounts may be 
     transferred back to this appropriation.

                  other federal drug control programs

                     (including transfers of funds)

       For other drug control activities authorized by the Anti-
     Drug Abuse Act of 1988 and the Office of National Drug 
     Control Policy Reauthorization Act of 1998, as amended, 
     $128,182,000, to remain available until expended, which shall 
     be available as follows: $102,000,000 for the Drug-Free 
     Communities Program, of which $2,500,000 shall be made 
     available as directed by section 4 of Public Law 107-82, as 
     amended by section 8204 of Public Law 115-271; $3,000,000 for 
     drug court training and technical assistance; $14,000,000 for 
     anti-doping activities; up to $2,932,000 for the United 
     States membership dues to the World Anti-Doping Agency; 
     $1,250,000 for the Model Acts Program; and $5,000,000 for 
     activities authorized by section 103 of Public Law 114-198:  
     Provided, That amounts made available under this heading may 
     be transferred to other Federal departments and agencies to 
     carry out such activities:  Provided further, That the 
     Director of the Office of National Drug Control Policy shall, 
     not fewer than 30 days prior to obligating funds under this 
     heading for United States membership dues to the World Anti-
     Doping Agency, submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a spending plan 
     and explanation of the proposed uses of these funds.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $1,000,000, to remain available until September 30, 2022.

              Information Technology Oversight and Reform

                     (including transfer of funds)

       For necessary expenses for the furtherance of integrated, 
     efficient, secure, and effective uses of information 
     technology in the Federal Government, $12,500,000, to remain 
     available until expended:  Provided, That the Director of the 
     Office of Management and Budget may transfer these funds to 
     one or more other agencies to carry out projects to meet 
     these purposes.

                  Special Assistance to the President

                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $4,698,000.

                Official Residence of the Vice President

                           operating expenses

                     (including transfer of funds)

       For the care, operation, refurnishing, improvement, and to 
     the extent not otherwise provided for, heating and lighting, 
     including electric power and fixtures, of the official 
     residence of the Vice President; the hire of passenger motor 
     vehicles; and not to exceed $90,000 pursuant to 3 U.S.C. 
     106(b)(2), $302,000:  Provided, That advances, repayments, or 
     transfers from this appropriation may be made to any 
     department or agency for expenses of carrying out such 
     activities.

Administrative Provisions--Executive Office of the President and Funds 
                     Appropriated to the President

                     (including transfer of funds)

       Sec. 201.  From funds made available in this Act under the 
     headings ``The White House'', ``Executive Residence at the 
     White House'', ``White House Repair and Restoration'', 
     ``Council of Economic Advisers'', ``National Security Council 
     and Homeland Security Council'', ``Office of 
     Administration'', ``Special Assistance to the President'', 
     and ``Official Residence of the Vice President'', the 
     Director of the Office of Management and Budget (or such 
     other officer as the President may designate in writing), 
     may, with advance approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, transfer not to exceed 10 percent of any such 
     appropriation to any other such appropriation, to be merged 
     with and available for the same time and for the same 
     purposes as the appropriation to which transferred:  
     Provided, That the amount of an appropriation shall not be 
     increased by more than 50 percent by such transfers:  
     Provided further, That no amount shall be transferred from 
     ``Special Assistance to the President'' or ``Official 
     Residence of the Vice President'' without the approval of the 
     Vice President.
       Sec. 202. (a) During fiscal year 2021, any Executive order 
     or Presidential memorandum issued or revoked by the President 
     shall be accompanied by a written statement from the Director 
     of the Office of Management and Budget on the budgetary 
     impact, including costs, benefits, and revenues, of such 
     order or memorandum.
       (b) Any such statement shall include--
       (1) a narrative summary of the budgetary impact of such 
     order or memorandum on the Federal Government;
       (2) the impact on mandatory and discretionary obligations 
     and outlays as the result of such order or memorandum, listed 
     by Federal agency, for each year in the 5-fiscal-year period 
     beginning in fiscal year 2021; and
       (3) the impact on revenues of the Federal Government as the 
     result of such order or memorandum over the 5-fiscal-year 
     period beginning in fiscal year 2021.
       (c) If an Executive order or Presidential memorandum is 
     issued during fiscal year 2021 due to a national emergency, 
     the Director of the Office of Management and Budget may issue 
     the statement required by subsection (a) not later than 15 
     days after the date that such order or memorandum is issued.
       (d) The requirement for cost estimates for Presidential 
     memoranda shall only apply for Presidential memoranda 
     estimated to have a regulatory cost in excess of 
     $100,000,000.
       Sec. 203.  Not later than 30 days after the date of 
     enactment of this Act, the Director of the Office of 
     Management and Budget shall issue a memorandum to all Federal 
     departments, agencies, and corporations directing compliance 
     with the provisions in title VII of this Act.
       This title may be cited as the ``Executive Office of the 
     President Appropriations Act, 2021''.

                               TITLE III

                             THE JUDICIARY

                   Supreme Court of the United States

                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including hire of passenger motor vehicles as 
     authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 
     for official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $94,690,000, of which $1,500,000 shall remain 
     available until expended.
       In addition, there are appropriated such sums as may be 
     necessary under current law for the salaries of the chief 
     justice and associate justices of the court.

                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     the Architect by 40 U.S.C. 6111 and 6112, $10,618,000, to 
     remain available until expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

       For salaries of officers and employees, and for necessary 
     expenses of the court, as authorized by law, $33,500,000.
       In addition, there are appropriated such sums as may be 
     necessary under current law for the salaries of the chief 
     judge and judges of the court.

               United States Court of International Trade

                         salaries and expenses

       For salaries of officers and employees of the court, 
     services, and necessary expenses of the court, as authorized 
     by law, $20,000,000.
       In addition, there are appropriated such sums as may be 
     necessary under current law for the salaries of the chief 
     judge and judges of the court.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

       For the salaries of judges of the United States Court of 
     Federal Claims, magistrate judges, and all other officers and 
     employees of the Federal Judiciary not otherwise specifically 
     provided for, necessary expenses of the courts, and the

[[Page H7382]]

     purchase, rental, repair, and cleaning of uniforms for 
     Probation and Pretrial Services Office staff, as authorized 
     by law, $5,393,701,000 (including the purchase of firearms 
     and ammunition); of which not to exceed $27,817,000 shall 
     remain available until expended for space alteration projects 
     and for furniture and furnishings related to new space 
     alteration and construction projects.
       In addition, there are appropriated such sums as may be 
     necessary under current law for the salaries of circuit and 
     district judges (including judges of the territorial courts 
     of the United States), bankruptcy judges, and justices and 
     judges retired from office or from regular active service.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986 (Public Law 99-
     660), not to exceed $9,900,000, to be appropriated from the 
     Vaccine Injury Compensation Trust Fund.

                           defender services

       For the operation of Federal Defender organizations; the 
     compensation and reimbursement of expenses of attorneys 
     appointed to represent persons under 18 U.S.C. 3006A and 
     3599, and for the compensation and reimbursement of expenses 
     of persons furnishing investigative, expert, and other 
     services for such representations as authorized by law; the 
     compensation (in accordance with the maximums under 18 U.S.C. 
     3006A) and reimbursement of expenses of attorneys appointed 
     to assist the court in criminal cases where the defendant has 
     waived representation by counsel; the compensation and 
     reimbursement of expenses of attorneys appointed to represent 
     jurors in civil actions for the protection of their 
     employment, as authorized by 28 U.S.C. 1875(d)(1); the 
     compensation and reimbursement of expenses of attorneys 
     appointed under 18 U.S.C. 983(b)(1) in connection with 
     certain judicial civil forfeiture proceedings; the 
     compensation and reimbursement of travel expenses of 
     guardians ad litem appointed under 18 U.S.C. 4100(b); and for 
     necessary training and general administrative expenses, 
     $1,316,240,000, to remain available until expended.

                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71.1(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71.1(h)), $32,517,000, to remain 
     available until expended:  Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under 5 U.S.C. 5332.

                             court security

                     (including transfer of funds)

       For necessary expenses, not otherwise provided for, 
     incident to the provision of protective guard services for 
     United States courthouses and other facilities housing 
     Federal court operations, and the procurement, installation, 
     and maintenance of security systems and equipment for United 
     States courthouses and other facilities housing Federal court 
     operations, including building ingress-egress control, 
     inspection of mail and packages, directed security patrols, 
     perimeter security, basic security services provided by the 
     Federal Protective Service, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $664,011,000, of 
     which not to exceed $20,000,000 shall remain available until 
     expended, to be expended directly or transferred to the 
     United States Marshals Service, which shall be responsible 
     for administering the Judicial Facility Security Program 
     consistent with standards or guidelines agreed to by the 
     Director of the Administrative Office of the United States 
     Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $95,675,000, 
     of which not to exceed $8,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center

                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $29,015,000; of which 
     $1,800,000 shall remain available through September 30, 2022, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,500 is authorized for official 
     reception and representation expenses.

                  United States Sentencing Commission

                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $19,965,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                Administrative Provisions--The Judiciary

                     (including transfer of funds)

       Sec. 301.  Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Judiciary 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except ``Courts of Appeals, 
     District Courts, and Other Judicial Services, Defender 
     Services'' and ``Courts of Appeals, District Courts, and 
     Other Judicial Services, Fees of Jurors and Commissioners'', 
     shall be increased by more than 10 percent by any such 
     transfers:  Provided, That any transfer pursuant to this 
     section shall be treated as a reprogramming of funds under 
     sections 604 and 608 of this Act and shall not be available 
     for obligation or expenditure except in compliance with the 
     procedures set forth in section 608.
       Sec. 303.  Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for ``Courts of Appeals, 
     District Courts, and Other Judicial Services'' shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States:  Provided, 
     That such available funds shall not exceed $11,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary of 
     the Judicial Conference.
       Sec. 304.  Section 3315(a) of title 40, United States Code, 
     shall be applied by substituting ``Federal'' for 
     ``executive'' each place it appears.
       Sec. 305.  In accordance with 28 U.S.C. 561-569, and 
     notwithstanding any other provision of law, the United States 
     Marshals Service shall provide, for such courthouses as its 
     Director may designate in consultation with the Director of 
     the Administrative Office of the United States Courts, for 
     purposes of a pilot program, the security services that 40 
     U.S.C. 1315 authorizes the Department of Homeland Security to 
     provide, except for the services specified in 40 U.S.C. 
     1315(b)(2)(E). For building-specific security services at 
     these courthouses, the Director of the Administrative Office 
     of the United States Courts shall reimburse the United States 
     Marshals Service rather than the Department of Homeland 
     Security.
       Sec. 306. (a) Section 203(c) of the Judicial Improvements 
     Act of 1990 (Public Law 101-650; 28 U.S.C. 133 note), is 
     amended in the matter following paragraph 12--
       (1) in the second sentence (relating to the District of 
     Kansas), by striking ``29 years and 6 months'' and inserting 
     ``30 years and 6 months''; and
       (2) in the sixth sentence (relating to the District of 
     Hawaii), by striking ``26 years and 6 months'' and inserting 
     ``27 years and 6 months''.
       (b) Section 406 of the Transportation, Treasury, Housing 
     and Urban Development, the Judiciary, the District of 
     Columbia, and Independent Agencies Appropriations Act, 2006 
     (Public Law 109-115; 119 Stat. 2470; 28 U.S.C. 133 note) is 
     amended in the second sentence (relating to the eastern 
     District of Missouri) by striking ``27 years and 6 months'' 
     and inserting ``28 years and 6 months''.
       (c) Section 312(c)(2) of the 21st Century Department of 
     Justice Appropriations Authorization Act (Public Law 107-273; 
     28 U.S.C. 133 note), is amended--
       (1) in the first sentence by striking ``18 years'' and 
     inserting ``19 years'';
       (2) in the second sentence (relating to the central 
     District of California), by striking ``17 years and 6 
     months'' and inserting ``18 years and 6 months''; and
       (3) in the third sentence (relating to the western district 
     of North Carolina), by striking ``16 years'' and inserting 
     ``17 years''.
       This title may be cited as the ``Judiciary Appropriations 
     Act, 2021''.

                                TITLE IV

                          DISTRICT OF COLUMBIA

                             Federal Funds

              federal payment for resident tuition support

       For a Federal payment to the District of Columbia, to be 
     deposited into a dedicated account, for a nationwide program 
     to be administered by the Mayor, for District of Columbia 
     resident tuition support, $40,000,000, to remain available 
     until expended:  Provided, That such funds, including any 
     interest accrued thereon, may be used on behalf of eligible 
     District of Columbia residents to pay an amount based upon 
     the difference between in-State and out-of-State tuition at 
     public institutions of higher education, or to pay up to 
     $2,500 each year at eligible private institutions of higher 
     education:  Provided further, That the awarding of such funds 
     may be prioritized on the basis of a resident's academic 
     merit, the income and need of eligible students and such 
     other factors as may be authorized:  Provided further, That 
     the District of Columbia government shall maintain a 
     dedicated account for the Resident Tuition Support Program 
     that shall consist of the Federal funds appropriated to the 
     Program in this Act and any subsequent appropriations, any 
     unobligated balances from prior fiscal years, and any 
     interest earned in this or any fiscal year:  Provided 
     further, That the account shall be under the control of the 
     District of Columbia Chief Financial Officer, who shall use 
     those funds solely for the purposes of carrying out the 
     Resident Tuition Support Program:  Provided further, That the 
     Office of the Chief Financial Officer shall provide a 
     quarterly financial report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     for these funds showing, by object class, the expenditures 
     made and the purpose therefor.

   federal payment for emergency planning and security costs in the 
                          district of columbia

       For a Federal payment of necessary expenses, as determined 
     by the Mayor of the District of Columbia in written 
     consultation with the elected county or city officials of 
     surrounding jurisdictions, $38,400,000, to remain available 
     until expended, for an additional amount for fiscal year 
     2021, for the costs of providing public safety at events 
     related to the presence of the National Capital in the 
     District of Columbia, including support requested by the 
     Director of the

[[Page H7383]]

     United States Secret Service in carrying out protective 
     duties under the direction of the Secretary of Homeland 
     Security, and for the costs of providing support to respond 
     to immediate and specific terrorist threats or attacks in the 
     District of Columbia or surrounding jurisdictions:  Provided, 
     That, of the amount provided under this heading in this Act, 
     $21,872,372 shall be used for costs associated with the 
     Presidential Inauguration held in January 2021, and shall be 
     in addition to the amount made available for this purpose in 
     section 131 of the Continuing Appropriations Act, 2021 and 
     Other Extensions Act (Public Law 116-159).

           federal payment to the district of columbia courts

       For salaries and expenses for the District of Columbia 
     Courts, $250,088,000 to be allocated as follows: for the 
     District of Columbia Court of Appeals, $14,682,000, of which 
     not to exceed $2,500 is for official reception and 
     representation expenses; for the Superior Court of the 
     District of Columbia, $125,660,000, of which not to exceed 
     $2,500 is for official reception and representation expenses; 
     for the District of Columbia Court System, $79,247,000, of 
     which not to exceed $2,500 is for official reception and 
     representation expenses; and $30,499,000, to remain available 
     until September 30, 2022, for capital improvements for 
     District of Columbia courthouse facilities:  Provided, That 
     funds made available for capital improvements shall be 
     expended consistent with the District of Columbia Courts 
     master plan study and facilities condition assessment:  
     Provided further, That, in addition to the amounts 
     appropriated herein, fees received by the District of 
     Columbia Courts for administering bar examinations and 
     processing District of Columbia bar admissions may be 
     retained and credited to this appropriation, to remain 
     available until expended, for salaries and expenses 
     associated with such activities, notwithstanding section 450 
     of the District of Columbia Home Rule Act (D.C. Official 
     Code, sec. 1-204.50):  Provided further, That notwithstanding 
     any other provision of law, all amounts under this heading 
     shall be apportioned quarterly by the Office of Management 
     and Budget and obligated and expended in the same manner as 
     funds appropriated for salaries and expenses of other Federal 
     agencies:  Provided further, That 30 days after providing 
     written notice to the Committees on Appropriations of the 
     House of Representatives and the Senate, the District of 
     Columbia Courts may reallocate not more than $9,000,000 of 
     the funds provided under this heading among the items and 
     entities funded under this heading:  Provided further, That 
     the Joint Committee on Judicial Administration in the 
     District of Columbia may, by regulation, establish a program 
     substantially similar to the program set forth in subchapter 
     II of chapter 35 of title 5, United States Code, for 
     employees of the District of Columbia Courts.

  federal payment for defender services in district of columbia courts

       For payments authorized under section 11-2604 and section 
     11-2605, D.C. Official Code (relating to representation 
     provided under the District of Columbia Criminal Justice 
     Act), payments for counsel appointed in proceedings in the 
     Family Court of the Superior Court of the District of 
     Columbia under chapter 23 of title 16, D.C. Official Code, or 
     pursuant to contractual agreements to provide guardian ad 
     litem representation, training, technical assistance, and 
     such other services as are necessary to improve the quality 
     of guardian ad litem representation, payments for counsel 
     appointed in adoption proceedings under chapter 3 of title 
     16, D.C. Official Code, and payments authorized under section 
     21-2060, D.C. Official Code (relating to services provided 
     under the District of Columbia Guardianship, Protective 
     Proceedings, and Durable Power of Attorney Act of 1986), 
     $46,005,000, to remain available until expended:  Provided, 
     That funds provided under this heading shall be administered 
     by the Joint Committee on Judicial Administration in the 
     District of Columbia:  Provided further, That, 
     notwithstanding any other provision of law, this 
     appropriation shall be apportioned quarterly by the Office of 
     Management and Budget and obligated and expended in the same 
     manner as funds appropriated for expenses of other Federal 
     agencies.

 federal payment to the court services and offender supervision agency 
                      for the district of columbia

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the Court Services and Offender 
     Supervision Agency for the District of Columbia, as 
     authorized by the National Capital Revitalization and Self-
     Government Improvement Act of 1997, $245,923,000, of which 
     not to exceed $2,000 is for official reception and 
     representation expenses related to Community Supervision and 
     Pretrial Services Agency programs, and of which not to exceed 
     $25,000 is for dues and assessments relating to the 
     implementation of the Court Services and Offender Supervision 
     Agency Interstate Supervision Act of 2002:  Provided, That, 
     of the funds appropriated under this heading, $179,180,000 
     shall be for necessary expenses of Community Supervision and 
     Sex Offender Registration, to include expenses relating to 
     the supervision of adults subject to protection orders or the 
     provision of services for or related to such persons:   
     Provided further, That, of the funds appropriated under this 
     heading, $66,743,000 shall be available to the Pretrial 
     Services Agency, of which $459,000 shall remain available 
     until September 30, 2023, for costs associated with 
     relocation under a replacement lease for headquarters 
     offices, field offices, and related facilities:  Provided 
     further, That notwithstanding any other provision of law, all 
     amounts under this heading shall be apportioned quarterly by 
     the Office of Management and Budget and obligated and 
     expended in the same manner as funds appropriated for 
     salaries and expenses of other Federal agencies:  Provided 
     further, That amounts under this heading may be used for 
     programmatic incentives for defendants to successfully 
     complete their terms of supervision.

  federal payment to the district of columbia public defender service

       For salaries and expenses, including the transfer and hire 
     of motor vehicles, of the District of Columbia Public 
     Defender Service, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     $46,212,000:  Provided, That notwithstanding any other 
     provision of law, all amounts under this heading shall be 
     apportioned quarterly by the Office of Management and Budget 
     and obligated and expended in the same manner as funds 
     appropriated for salaries and expenses of Federal agencies:  
     Provided further, That the District of Columbia Public 
     Defender Service may establish for employees of the District 
     of Columbia Public Defender Service a program substantially 
     similar to the program set forth in subchapter II of chapter 
     35 of title 5, United States Code, except that the maximum 
     amount of the payment made under the program to any 
     individual may not exceed the amount referred to in section 
     3523(b)(3)(B) of title 5, United States Code:  Provided 
     further, That for the purposes of engaging with, and 
     receiving services from, Federal Franchise Fund Programs 
     established in accordance with section 403 of the Government 
     Management Reform Act of 1994, as amended, the District of 
     Columbia Public Defender Service shall be considered an 
     agency of the United States Government.

      federal payment to the criminal justice coordinating council

       For a Federal payment to the Criminal Justice Coordinating 
     Council, $2,150,000, to remain available until expended, to 
     support initiatives related to the coordination of Federal 
     and local criminal justice resources in the District of 
     Columbia.

                federal payment for judicial commissions

       For a Federal payment, to remain available until September 
     30, 2022, to the Commission on Judicial Disabilities and 
     Tenure, $325,000, and for the Judicial Nomination Commission, 
     $275,000.

                 federal payment for school improvement

       For a Federal payment for a school improvement program in 
     the District of Columbia, $52,500,000, to remain available 
     until expended, for payments authorized under the 
     Scholarships for Opportunity and Results Act (division C of 
     Public Law 112-10):  Provided, That, to the extent that funds 
     are available for opportunity scholarships and following the 
     priorities included in section 3006 of such Act, the 
     Secretary of Education shall make scholarships available to 
     students eligible under section 3013(3) of such Act (Public 
     Law 112-10; 125 Stat. 211) including students who were not 
     offered a scholarship during any previous school year:  
     Provided further, That within funds provided for opportunity 
     scholarships up to $1,750,000 shall be for the activities 
     specified in sections 3007(b) through 3007(d) of the Act and 
     up to $500,000 shall be for the activities specified in 
     section 3009 of the Act.

      federal payment for the district of columbia national guard

       For a Federal payment to the District of Columbia National 
     Guard, $600,000, to remain available until expended for the 
     Major General David F. Wherley, Jr. District of Columbia 
     National Guard Retention and College Access Program.

         federal payment for testing and treatment of hiv/aids

       For a Federal payment to the District of Columbia for the 
     testing of individuals for, and the treatment of individuals 
     with, human immunodeficiency virus and acquired 
     immunodeficiency syndrome in the District of Columbia, 
     $4,000,000.

 federal payment to the district of columbia water and sewer authority

       For a Federal payment to the District of Columbia Water and 
     Sewer Authority, $8,000,000, to remain available until 
     expended, to continue implementation of the Combined Sewer 
     Overflow Long-Term Plan:  Provided, That the District of 
     Columbia Water and Sewer Authority provides a 100 percent 
     match for this payment.

                       District of Columbia Funds

       Local funds are appropriated for the District of Columbia 
     for the current fiscal year out of the General Fund of the 
     District of Columbia (``General Fund'') for programs and 
     activities set forth in the Fiscal Year 2021 Local Budget Act 
     of 2020 (D.C. Act 23-408) and at rates set forth under such 
     Act, as amended as of the date of enactment of this Act:  
     Provided, That notwithstanding any other provision of law, 
     except as provided in section 450A of the District of 
     Columbia Home Rule Act (section 1-204.50a, D.C. Official 
     Code), sections 816 and 817 of the Financial Services and 
     General Government Appropriations Act, 2009 (secs. 47-369.01 
     and 47-369.02, D.C. Official Code), and provisions of this 
     Act, the total amount appropriated in this Act for operating 
     expenses for the District of Columbia for fiscal year 2021 
     under this heading shall not exceed the estimates included in 
     the Fiscal Year 2021 Local Budget Act of 2020, as amended as 
     of the date of enactment of this Act or the sum of the total 
     revenues of the District of Columbia for such fiscal year:  
     Provided further, That the amount appropriated may be 
     increased by proceeds of one-time transactions, which are 
     expended for emergency or unanticipated operating or capital 
     needs:  Provided further, That such increases shall be 
     approved by enactment of local District law and shall comply 
     with all reserve requirements contained in the District of 
     Columbia Home Rule Act:  Provided

[[Page H7384]]

     further, That the Chief Financial Officer of the District of 
     Columbia shall take such steps as are necessary to assure 
     that the District of Columbia meets these requirements, 
     including the apportioning by the Chief Financial Officer of 
     the appropriations and funds made available to the District 
     during fiscal year 2021, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.
       This title may be cited as the ``District of Columbia 
     Appropriations Act, 2021''.

                                TITLE V

                          INDEPENDENT AGENCIES

             Administrative Conference of the United States

                         salaries and expenses

       For necessary expenses of the Administrative Conference of 
     the United States, authorized by 5 U.S.C. 591 et seq., 
     $3,400,000, to remain available until September 30, 2022, of 
     which not to exceed $1,000 is for official reception and 
     representation expenses.

                  Commodity Futures Trading Commission

                     (including transfers of funds)

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles, and the rental 
     of space (to include multiple year leases), in the District 
     of Columbia and elsewhere, $304,000,000, including not to 
     exceed $3,000 for official reception and representation 
     expenses, and not to exceed $25,000 for the expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, of which 
     not less than $20,000,000 shall remain available until 
     September 30, 2022, and of which not less than $3,568,000 
     shall be for expenses of the Office of the Inspector General: 
      Provided, That notwithstanding the limitations in 31 U.S.C. 
     1553, amounts provided under this heading are available for 
     the liquidation of obligations equal to current year payments 
     on leases entered into prior to the date of enactment of this 
     Act:  Provided further, That for the purpose of recording and 
     liquidating any lease obligations that should have been 
     recorded and liquidated against accounts closed pursuant to 
     31 U.S.C. 1552, and consistent with the preceding proviso, 
     such amounts shall be transferred to and recorded in a no-
     year account in the Treasury, which has been established for 
     the sole purpose of recording adjustments for and liquidating 
     such unpaid obligations.

                   Consumer Product Safety Commission

                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $4,000 for official 
     reception and representation expenses, $135,000,000, of which 
     $1,300,000 shall remain available until expended to carry out 
     the program, including administrative costs, required by 
     section 1405 of the Virginia Graeme Baker Pool and Spa Safety 
     Act (Public Law 110-140; 15 U.S.C. 8004).

      administrative provision--consumer product safety commission

       Sec. 501.  During fiscal year 2021, none of the amounts 
     made available by this Act may be used to finalize or 
     implement the Safety Standard for Recreational Off-Highway 
     Vehicles published by the Consumer Product Safety Commission 
     in the Federal Register on November 19, 2014 (79 Fed. Reg. 
     68964) until after--
       (1) the National Academy of Sciences, in consultation with 
     the National Highway Traffic Safety Administration and the 
     Department of Defense, completes a study to determine--
       (A) the technical validity of the lateral stability and 
     vehicle handling requirements proposed by such standard for 
     purposes of reducing the risk of Recreational Off-Highway 
     Vehicle (referred to in this section as ``ROV'') rollovers in 
     the off-road environment, including the repeatability and 
     reproducibility of testing for compliance with such 
     requirements;
       (B) the number of ROV rollovers that would be prevented if 
     the proposed requirements were adopted;
       (C) whether there is a technical basis for the proposal to 
     provide information on a point-of-sale hangtag about a ROV's 
     rollover resistance on a progressive scale; and
       (D) the effect on the utility of ROVs used by the United 
     States military if the proposed requirements were adopted; 
     and
       (2) a report containing the results of the study completed 
     under paragraph (1) is delivered to--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Energy and Commerce of the House of 
     Representatives;
       (C) the Committee on Appropriations of the Senate; and
       (D) the Committee on Appropriations of the House of 
     Representatives.

                     Election Assistance Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out the Help America Vote 
     Act of 2002 (Public Law 107-252), $17,000,000, of which 
     $1,500,000 shall be transferred to the National Institute of 
     Standards and Technology for election reform activities 
     authorized under the Help America Vote Act of 2002.

                   Federal Communications Commission

                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; not 
     to exceed $4,000 for official reception and representation 
     expenses; purchase and hire of motor vehicles; special 
     counsel fees; and services as authorized by 5 U.S.C. 3109, 
     $341,000,000, to remain available until expended:  Provided, 
     That in addition, $33,000,000, shall be made available until 
     expended for implementing title VIII of the Communications 
     Act of 1934 (47 U.S.C. 641 et seq.), as added by the 
     Broadband DATA Act (Public Law 116-130):  Provided further, 
     That $374,000,000 of offsetting collections shall be assessed 
     and collected pursuant to section 9 of title I of the 
     Communications Act of 1934, shall be retained and used for 
     necessary expenses and shall remain available until expended: 
      Provided further, That the sum herein appropriated shall be 
     reduced as such offsetting collections are received during 
     fiscal year 2021 so as to result in a final fiscal year 2021 
     appropriation estimated at $0:  Provided further, That, 
     notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use 
     of a competitive bidding system that may be retained and made 
     available for obligation shall not exceed $134,495,000 for 
     fiscal year 2021:  Provided further, That, of the amount 
     appropriated under this heading, not less than $11,326,800 
     shall be for the salaries and expenses of the Office of 
     Inspector General.

      administrative provisions--federal communications commission

       Sec. 510.  Section 302 of the Universal Service 
     Antideficiency Temporary Suspension Act is amended by 
     striking ``December 31, 2020'' each place it appears and 
     inserting ``December 31, 2021''.
       Sec. 511.  None of the funds appropriated by this Act may 
     be used by the Federal Communications Commission to modify, 
     amend, or change its rules or regulations for universal 
     service support payments to implement the February 27, 2004, 
     recommendations of the Federal-State Joint Board on Universal 
     Service regarding single connection or primary line 
     restrictions on universal service support payments.

                 Federal Deposit Insurance Corporation

                    office of the inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $42,982,000, to be derived from the Deposit 
     Insurance Fund or, only when appropriate, the FSLIC 
     Resolution Fund.

                      Federal Election Commission

                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, $71,497,000, of which 
     not to exceed $5,000 shall be available for reception and 
     representation expenses.

                   Federal Labor Relations Authority

                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, and 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and including official reception and 
     representation expenses (not to exceed $1,500) and rental of 
     conference rooms in the District of Columbia and elsewhere, 
     $26,600,000:  Provided, That public members of the Federal 
     Service Impasses Panel may be paid travel expenses and per 
     diem in lieu of subsistence as authorized by law (5 U.S.C. 
     5703) for persons employed intermittently in the Government 
     service, and compensation as authorized by 5 U.S.C. 3109:  
     Provided further, That, notwithstanding 31 U.S.C. 3302, funds 
     received from fees charged to non-Federal participants at 
     labor-management relations conferences shall be credited to 
     and merged with this account, to be available without further 
     appropriation for the costs of carrying out these 
     conferences.

            Federal Permitting Improvement Steering Council

                 environmental review improvement fund

                     (including transfer of funds)

       For necessary expenses of the Environmental Review 
     Improvement Fund established pursuant to 42 U.S.C. 4370m-
     8(d), $10,000,000, to remain available until expended:  
     Provided, That funds appropriated in prior appropriations 
     Acts under the heading ``General Services Administration--
     General Activities--Environmental Review Improvement Fund'' 
     shall be transferred to and merged with this account.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $351,000,000, to remain available until expended:  Provided, 
     That not to exceed $300,000 shall be available for use to 
     contract with a person or persons for collection services in 
     accordance with the terms of 31 U.S.C. 3718:  Provided 
     further, That, notwithstanding any other provision of law, 
     not to exceed $150,000,000 of offsetting collections derived 
     from fees collected for premerger notification filings under 
     the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 
     U.S.C. 18a), regardless of the year of collection, shall be 
     retained and used for necessary expenses in this 
     appropriation:  Provided further, That, notwithstanding any 
     other provision of law, not to exceed $19,000,000 in 
     offsetting collections derived from fees sufficient to 
     implement and enforce the Telemarketing Sales Rule, 
     promulgated under the Telemarketing and

[[Page H7385]]

     Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et 
     seq.), shall be credited to this account, and be retained and 
     used for necessary expenses in this appropriation:  Provided 
     further, That the sum herein appropriated from the general 
     fund shall be reduced as such offsetting collections are 
     received during fiscal year 2021, so as to result in a final 
     fiscal year 2021 appropriation from the general fund 
     estimated at not more than $182,000,000:  Provided further, 
     That none of the funds made available to the Federal Trade 
     Commission may be used to implement subsection (e)(2)(B) of 
     section 43 of the Federal Deposit Insurance Act (12 U.S.C. 
     1831t).

                    General Services Administration

                        real property activities

                         federal buildings fund

                 limitations on availability of revenue

                     (including transfers of funds)

       Amounts in the Fund, including revenues and collections 
     deposited into the Fund, shall be available for necessary 
     expenses of real property management and related activities 
     not otherwise provided for, including operation, maintenance, 
     and protection of federally owned and leased buildings; 
     rental of buildings in the District of Columbia; restoration 
     of leased premises; moving governmental agencies (including 
     space adjustments and telecommunications relocation expenses) 
     in connection with the assignment, allocation, and transfer 
     of space; contractual services incident to cleaning or 
     servicing buildings, and moving; repair and alteration of 
     federally owned buildings, including grounds, approaches, and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $9,065,489,000, 
     of which--
       (1) $230,000,000 shall remain available until expended for 
     construction and acquisition (including funds for sites and 
     expenses, and associated design and construction services) as 
     follows:
       (A) $135,500,000 shall be for the United States Courthouse, 
     Hartford, Connecticut; and
       (B) $94,500,000 shall be for the United States Courthouse, 
     Chattanooga, Tennessee:
       Provided, That each of the foregoing limits of costs on new 
     construction and acquisition projects may be exceeded to the 
     extent that savings are effected in other such projects, but 
     not to exceed 10 percent of the amounts included in a 
     transmitted prospectus, if required, unless advance approval 
     is obtained from the Committees on Appropriations of a 
     greater amount;
       (2) $576,581,000 shall remain available until expended for 
     repairs and alterations, including associated design and 
     construction services, of which--
       (A) $203,908,000 is for Major Repairs and Alterations; and
       (B) $372,673,000 is for Basic Repairs and Alterations:
       Provided, That funds made available in this or any previous 
     Act in the Federal Buildings Fund for Repairs and Alterations 
     shall, for prospectus projects, be limited to the amount 
     identified for each project, except each project in this or 
     any previous Act may be increased by an amount not to exceed 
     10 percent unless advance approval is obtained from the 
     Committees on Appropriations of a greater amount:  Provided 
     further, That additional projects for which prospectuses have 
     been fully approved may be funded under this category only if 
     advance approval is obtained from the Committees on 
     Appropriations:  Provided further, That the amounts provided 
     in this or any prior Act for ``Repairs and Alterations'' may 
     be used to fund costs associated with implementing security 
     improvements to buildings necessary to meet the minimum 
     standards for security in accordance with current law and in 
     compliance with the reprogramming guidelines of the 
     appropriate Committees of the House and Senate:  Provided 
     further, That the difference between the funds appropriated 
     and expended on any projects in this or any prior Act, under 
     the heading ``Repairs and Alterations'', may be transferred 
     to ``Basic Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects:  Provided 
     further, That the amount provided in this or any prior Act 
     for ``Basic Repairs and Alterations'' may be used to pay 
     claims against the Government arising from any projects under 
     the heading ``Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects;
       (3) $5,725,464,000 for rental of space to remain available 
     until expended; and
       (4) $2,533,444,000 for building operations to remain 
     available until expended:  Provided, That the total amount of 
     funds made available from this Fund to the General Services 
     Administration shall not be available for expenses of any 
     construction, repair, alteration and acquisition project for 
     which a prospectus, if required by 40 U.S.C. 3307(a), has not 
     been approved, except that necessary funds may be expended 
     for each project for required expenses for the development of 
     a proposed prospectus:  Provided further, That funds 
     available in the Federal Buildings Fund may be expended for 
     emergency repairs when advance approval is obtained from the 
     Committees on Appropriations:  Provided further, That amounts 
     necessary to provide reimbursable special services to other 
     agencies under 40 U.S.C. 592(b)(2) and amounts to provide 
     such reimbursable fencing, lighting, guard booths, and other 
     facilities on private or other property not in Government 
     ownership or control as may be appropriate to enable the 
     United States Secret Service to perform its protective 
     functions pursuant to 18 U.S.C. 3056, shall be available from 
     such revenues and collections:  Provided further, That 
     revenues and collections and any other sums accruing to this 
     Fund during fiscal year 2021, excluding reimbursements under 
     40 U.S.C. 592(b)(2), in excess of the aggregate new 
     obligational authority authorized for Real Property 
     Activities of the Federal Buildings Fund in this Act shall 
     remain in the Fund and shall not be available for expenditure 
     except as authorized in appropriations Acts.

                           general activities

                         government-wide policy

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and evaluation activities 
     associated with the management of real and personal property 
     assets and certain administrative services; Government-wide 
     policy support responsibilities relating to acquisition, 
     travel, motor vehicles, information technology management, 
     and related technology activities; and services as authorized 
     by 5 U.S.C. 3109; $64,000,000.

                           operating expenses

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide activities associated with utilization 
     and donation of surplus personal property; disposal of real 
     property; agency-wide policy direction, management, and 
     communications; and services as authorized by 5 U.S.C. 3109; 
     $49,440,000, of which $26,890,000 is for Real and Personal 
     Property Management and Disposal; and of which $22,550,000 is 
     for the Office of the Administrator, of which not to exceed 
     $7,500 is for official reception and representation expenses.

                   civilian board of contract appeals

       For expenses authorized by law, not otherwise provided for, 
     for the activities associated with the Civilian Board of 
     Contract Appeals, $9,301,000, of which $2,000,000 shall 
     remain available until September 30, 2022.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and service authorized by 5 U.S.C. 3109, $67,000,000:  
     Provided, That not to exceed $50,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property:  Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.

           allowances and office staff for former presidents

       For carrying out the provisions of the Act of August 25, 
     1958 (3 U.S.C. 102 note), and Public Law 95-138, $4,400,000.

                     federal citizen services fund

                     (including transfer of funds)

       For necessary expenses of the Office of Products and 
     Programs, including services authorized by 40 U.S.C. 323 and 
     44 U.S.C. 3604; and for necessary expenses in support of 
     interagency projects that enable the Federal Government to 
     enhance its ability to conduct activities electronically, 
     through the development and implementation of innovative uses 
     of information technology; $55,000,000, to be deposited into 
     the Federal Citizen Services Fund:  Provided, That the 
     previous amount may be transferred to Federal agencies to 
     carry out the purpose of the Federal Citizen Services Fund:  
     Provided further, That the appropriations, revenues, 
     reimbursements, and collections deposited into the Fund shall 
     be available until expended for necessary expenses of Federal 
     Citizen Services and other activities that enable the Federal 
     Government to enhance its ability to conduct activities 
     electronically in the aggregate amount not to exceed 
     $100,000,000:  Provided further, That appropriations, 
     revenues, reimbursements, and collections accruing to this 
     Fund during fiscal year 2021 in excess of such amount shall 
     remain in the Fund and shall not be available for expenditure 
     except as authorized in appropriations Acts:  Provided 
     further, That, of the total amount appropriated, up to 
     $5,000,000 shall be available for support functions and full-
     time hires to support activities related to the 
     Administration's requirements under title II of the 
     Foundations for Evidence-Based Policymaking Act (Public Law 
     115-435):  Provided further, That the transfer authorities 
     provided herein shall be in addition to any other transfer 
     authority provided in this Act.

                   expenses, presidential transition

                     (including transfers of funds)

       For necessary expenses to carry out the Presidential 
     Transition Act of 1963 (3 U.S.C. 102 note) and 40 U.S.C. 
     581(e), $9,900,000, of which not to exceed $1,000,000 is for 
     activities authorized by sections 3(a)(8) and 3(a)(9) of the 
     Act:  Provided, That such amounts may be transferred and 
     credited to the ``Acquisition Services Fund'' or ``Federal 
     Buildings Fund'' to reimburse obligations incurred prior to 
     enactment of this Act for the purposes provided herein 
     related to the Presidential election in 2020:  Provided 
     further, That amounts available under this heading shall be 
     in addition to any other amounts available for such purposes: 
      Provided further, That in the case where the President-elect 
     is the incumbent President or in the case where the Vice-
     President-elect is the incumbent Vice President, $8,900,000 
     is hereby permanently rescinded, pursuant to section 3(g) of 
     the Presidential Transition Act of 1963.

                     technology modernization fund

       For the Technology Modernization Fund, $25,000,000, to 
     remain available until expended, for technology-related 
     modernization activities.

[[Page H7386]]

  


                asset proceeds and space management fund

       For carrying out section 16(b) of the Federal Assets Sale 
     and Transfer Act of 2016 (40 U.S.C. 1303 note), $16,000,000, 
     to remain available until expended.

       administrative provisions--general services administration

                     (including transfer of funds)

       Sec. 520.  Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 521.  Funds in the Federal Buildings Fund made 
     available for fiscal year 2021 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements:  Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations of the House of 
     Representatives and the Senate.
       Sec. 522.  Except as otherwise provided in this title, 
     funds made available by this Act shall be used to transmit a 
     fiscal year 2022 request for United States Courthouse 
     construction only if the request: (1) meets the design guide 
     standards for construction as established and approved by the 
     General Services Administration, the Judicial Conference of 
     the United States, and the Office of Management and Budget; 
     (2) reflects the priorities of the Judicial Conference of the 
     United States as set out in its approved Courthouse Project 
     Priorities plan; and (3) includes a standardized courtroom 
     utilization study of each facility to be constructed, 
     replaced, or expanded.
       Sec. 523.  None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in consideration of the 
     Public Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 524.  From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations of the House 
     of Representatives and the Senate.
       Sec. 525.  In any case in which the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate adopt a resolution granting lease 
     authority pursuant to a prospectus transmitted to Congress by 
     the Administrator of the General Services Administration 
     under 40 U.S.C. 3307, the Administrator shall ensure that the 
     delineated area of procurement is identical to the delineated 
     area included in the prospectus for all lease agreements, 
     except that, if the Administrator determines that the 
     delineated area of the procurement should not be identical to 
     the delineated area included in the prospectus, the 
     Administrator shall provide an explanatory statement to each 
     of such committees and the Committees on Appropriations of 
     the House of Representatives and the Senate prior to 
     exercising any lease authority provided in the resolution.
       Sec. 526.  With respect to each project funded under the 
     heading ``Major Repairs and Alterations'', and with respect 
     to E-Government projects funded under the heading ``Federal 
     Citizen Services Fund'', the Administrator of General 
     Services shall submit a spending plan and explanation for 
     each project to be undertaken to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not later than 60 days after the date of enactment of this 
     Act.

                 Harry S Truman Scholarship Foundation

                         salaries and expenses

       For payment to the Harry S Truman Scholarship Foundation 
     Trust Fund, established by section 10 of Public Law 93-642, 
     $2,000,000, to remain available until expended.

                     Merit Systems Protection Board

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978, the Civil Service Reform Act of 1978, and 
     the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 
     note), including services as authorized by 5 U.S.C. 3109, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, hire of passenger motor vehicles, direct 
     procurement of survey printing, and not to exceed $2,000 for 
     official reception and representation expenses, $44,490,000, 
     to remain available until September 30, 2022, and in addition 
     not to exceed $2,345,000, to remain available until September 
     30, 2022, for administrative expenses to adjudicate 
     retirement appeals to be transferred from the Civil Service 
     Retirement and Disability Fund in amounts determined by the 
     Merit Systems Protection Board.

            Morris K. Udall and Stewart L. Udall Foundation

            morris k. udall and stewart l. udall trust fund

                     (including transfer of funds)

       For payment to the Morris K. Udall and Stewart L. Udall 
     Trust Fund, pursuant to the Morris K. Udall and Stewart L. 
     Udall Foundation Act (20 U.S.C. 5601 et seq.), $1,800,000, to 
     remain available until expended, of which, notwithstanding 
     sections 8 and 9 of such Act, up to $1,000,000 shall be 
     available to carry out the activities authorized by section 
     6(7) of Public Law 102-259 and section 817(a) of Public Law 
     106-568 (20 U.S.C. 5604(7)):  Provided, That all current and 
     previous amounts transferred to the Office of Inspector 
     General of the Department of the Interior will remain 
     available until expended for audits and investigations of the 
     Morris K. Udall and Stewart L. Udall Foundation, consistent 
     with the Inspector General Act of 1978 (5 U.S.C. App.), as 
     amended, and for annual independent financial audits of the 
     Morris K. Udall and Stewart L. Udall Foundation pursuant to 
     the Accountability of Tax Dollars Act of 2002 (Public Law 
     107-289):  Provided further, That previous amounts 
     transferred to the Office of Inspector General of the 
     Department of the Interior may be transferred to the Morris 
     K. Udall and Stewart L. Udall Foundation for annual 
     independent financial audits pursuant to the Accountability 
     of Tax Dollars Act of 2002 (Public Law 107-289).

                 environmental dispute resolution fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $3,200,000, to remain 
     available until expended.

              National Archives and Records Administration

                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives and Records 
     Administration and archived Federal records and related 
     activities, as provided by law, and for expenses necessary 
     for the review and declassification of documents, the 
     activities of the Public Interest Declassification Board, the 
     operations and maintenance of the electronic records 
     archives, the hire of passenger motor vehicles, and for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901), including maintenance, repairs, and cleaning, 
     $377,000,000, of which $9,230,000 shall remain available 
     until expended for improvements necessary to enhance the 
     Federal Government's ability to electronically preserve, 
     manage, and store Government records, and of which up to 
     $2,000,000 shall remain available until expended to implement 
     the Civil Rights Cold Case Records Collection Act of 2018 
     (Public Law 115-426).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General 
     Reform Act of 2008, Public Law 110-409, 122 Stat. 4302-16 
     (2008), and the Inspector General Act of 1978 (5 U.S.C. 
     App.), and for the hire of passenger motor vehicles, 
     $4,823,000.

                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $9,500,000, to remain available until expended.

         national historical publications and records commission

                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, $6,500,000, to remain available until expended.

                  National Credit Union Administration

               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 
     shall be available until September 30, 2022, for technical 
     assistance to low-income designated credit unions.

                      Office of Government Ethics

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, the Ethics Reform Act of 1989, and the Stop Trading 
     on Congressional Knowledge Act of 2012, including services as 
     authorized by 5 U.S.C. 3109, rental of conference rooms in 
     the District of Columbia and elsewhere, hire of passenger 
     motor vehicles, and not to exceed $1,500 for official 
     reception and representation expenses, $18,600,000.

                     Office of Personnel Management

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management (OPM) pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; and payment of per diem and/or subsistence 
     allowances to employees where Voting Rights Act activities 
     require an employee to remain overnight at his or her post of 
     duty, $160,130,000:  Provided, That of the total amount made 
     available under this heading, at least $9,000,000 shall 
     remain available until expended, for information technology 
     infrastructure modernization and Trust Fund Federal Financial 
     System migration or modernization, and shall be in addition 
     to funds otherwise made available for such purposes:  
     Provided further, That of the total amount made available 
     under this heading, not less than $350,000 shall be used to 
     hire additional congressional liaisons:  Provided further, 
     That of the total amount made available under this heading, 
     $1,068,000 may be made available for strengthening the 
     capacity and capabilities of the acquisition workforce (as 
     defined by the Office of Federal Procurement Policy Act, as 
     amended (41 U.S.C. 4001 et seq.)), including the recruitment, 
     hiring, training, and retention of such workforce and 
     information technology in

[[Page H7387]]

     support of acquisition workforce effectiveness or for 
     management solutions to improve acquisition management; and 
     in addition $169,625,000 for administrative expenses, to be 
     transferred from the appropriate trust funds of OPM without 
     regard to other statutes, including direct procurement of 
     printed materials, for the retirement and insurance programs: 
      Provided further, That the provisions of this appropriation 
     shall not affect the authority to use applicable trust funds 
     as provided by sections 8348(a)(1)(B), 8958(f)(2)(A), 
     8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States 
     Code:  Provided further, That no part of this appropriation 
     shall be available for salaries and expenses of the Legal 
     Examining Unit of OPM established pursuant to Executive Order 
     No. 9358 of July 1, 1943, or any successor unit of like 
     purpose:  Provided further, That the President's Commission 
     on White House Fellows, established by Executive Order No. 
     11183 of October 3, 1964, may, during fiscal year 2021, 
     accept donations of money, property, and personal services:  
     Provided further, That such donations, including those from 
     prior years, may be used for the development of publicity 
     materials to provide information about the White House 
     Fellows, except that no such donations shall be accepted for 
     travel or reimbursement of travel expenses, or for the 
     salaries of employees of such Commission.

                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, including services as authorized by 5 U.S.C. 3109, 
     hire of passenger motor vehicles, $5,000,000, and in 
     addition, not to exceed $27,265,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General:  Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.

                       Office of Special Counsel

                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel, including services as authorized by 5 
     U.S.C. 3109, payment of fees and expenses for witnesses, 
     rental of conference rooms in the District of Columbia and 
     elsewhere, and hire of passenger motor vehicles; $29,500,000.

                      Postal Regulatory Commission

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Postal Regulatory Commission 
     in carrying out the provisions of the Postal Accountability 
     and Enhancement Act (Public Law 109-435), $17,000,000, to be 
     derived by transfer from the Postal Service Fund and expended 
     as authorized by section 603(a) of such Act.

              Privacy and Civil Liberties Oversight Board

                         salaries and expenses

       For necessary expenses of the Privacy and Civil Liberties 
     Oversight Board, as authorized by section 1061 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (42 
     U.S.C. 2000ee), $8,500,000, to remain available until 
     September 30, 2022.

                     Public Buildings Reform Board

                         salaries and expenses

       For salaries and expenses of the Public Buildings Reform 
     Board in carrying out the Federal Assets Sale and Transfer 
     Act of 2016 (Public Law 114-287), $3,500,000, to remain 
     available until expended.

                   Securities and Exchange Commission

                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,500 for official reception and representation expenses, 
     $1,894,835,000, to remain available until expended; of which 
     not less than $16,313,000 shall be for the Office of 
     Inspector General; of which not to exceed $75,000 shall be 
     available for a permanent secretariat for the International 
     Organization of Securities Commissions; and of which not to 
     exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations and staffs to exchange views concerning 
     securities matters, such expenses to include necessary 
     logistic and administrative expenses and the expenses of 
     Commission staff and foreign invitees in attendance 
     including: (1) incidental expenses such as meals; (2) travel 
     and transportation; and (3) related lodging or subsistence.
       In addition to the foregoing appropriation, for move, 
     replication, and related costs associated with a replacement 
     lease for the Commission's District of Columbia headquarters, 
     not to exceed $18,650,000, to remain available until 
     expended; and for move, replication, and related costs 
     associated with a replacement lease for the Commission's San 
     Francisco Regional Office facilities, not to exceed 
     $12,677,000, to remain available until expended.
       For purposes of calculating the fee rate under section 
     31(j) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78ee(j)) for fiscal year 2021, all amounts appropriated under 
     this heading shall be deemed to be the regular appropriation 
     to the Commission for fiscal year 2021:  Provided, That fees 
     and charges authorized by section 31 of the Securities 
     Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to 
     this account as offsetting collections:  Provided further, 
     That not to exceed $1,894,835,000 of such offsetting 
     collections shall be available until expended for necessary 
     expenses of this account; not to exceed $18,650,000 of such 
     offsetting collections shall be available until expended for 
     move, replication, and related costs under this heading 
     associated with a replacement lease for the Commission's 
     District of Columbia headquarters facilities; and not to 
     exceed $12,677,000 of such offsetting collections shall be 
     available until expended for move, replication, and related 
     costs under this heading associated with a replacement lease 
     for the Commission's San Francisco Regional Office 
     facilities:  Provided further, That the total amount 
     appropriated under this heading from the general fund for 
     fiscal year 2021 shall be reduced as such offsetting fees are 
     received so as to result in a final total fiscal year 2021 
     appropriation from the general fund estimated at not more 
     than $0:  Provided further, That if any amount of the 
     appropriation for move, replication, and related costs 
     associated with a replacement lease for the Commission's 
     District of Columbia headquarters office facilities or if any 
     amount of the appropriation for costs associated with a 
     replacement lease for the Commission's San Francisco Regional 
     Office is subsequently de-obligated by the Commission, such 
     amount that was derived from the general fund shall be 
     returned to the general fund, and such amounts that were 
     derived from fees or assessments collected for such purpose 
     shall be paid to each national securities exchange and 
     national securities association, respectively, in proportion 
     to any fees or assessments paid by such national securities 
     exchange or national securities association under section 31 
     of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) in 
     fiscal year 2021.

                        Selective Service System

                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; hire of passenger motor vehicles; services as 
     authorized by 5 U.S.C. 3109; and not to exceed $750 for 
     official reception and representation expenses; $26,000,000:  
     Provided, That during the current fiscal year, the President 
     may exempt this appropriation from the provisions of 31 
     U.S.C. 1341, whenever the President deems such action to be 
     necessary in the interest of national defense:  Provided 
     further, That none of the funds appropriated by this Act may 
     be expended for or in connection with the induction of any 
     person into the Armed Forces of the United States.

                     Small Business Administration

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration, including hire of passenger 
     motor vehicles as authorized by sections 1343 and 1344 of 
     title 31, United States Code, and not to exceed $3,500 for 
     official reception and representation expenses, $270,157,000, 
     of which not less than $12,000,000 shall be available for 
     examinations, reviews, and other lender oversight activities: 
      Provided, That the Administrator is authorized to charge 
     fees to cover the cost of publications developed by the Small 
     Business Administration, and certain loan program activities, 
     including fees authorized by section 5(b) of the Small 
     Business Act:  Provided further, That, notwithstanding 31 
     U.S.C. 3302, revenues received from all such activities shall 
     be credited to this account, to remain available until 
     expended, for carrying out these purposes without further 
     appropriations:   Provided further, That the Small Business 
     Administration may accept gifts in an amount not to exceed 
     $4,000,000 and may co-sponsor activities, each in accordance 
     with section 132(a) of division K of Public Law 108-447, 
     during fiscal year 2021:  Provided further, That $6,100,000 
     shall be available for the Loan Modernization and Accounting 
     System, to be available until September 30, 2022.

                  entrepreneurial development programs

       For necessary expenses of programs supporting 
     entrepreneurial and small business development, $272,000,000, 
     to remain available until September 30, 2022:  Provided, That 
     $136,000,000 shall be available to fund grants for 
     performance in fiscal year 2021 or fiscal year 2022 as 
     authorized by section 21 of the Small Business Act:  Provided 
     further, That $35,000,000 shall be for marketing, management, 
     and technical assistance under section 7(m) of the Small 
     Business Act (15 U.S.C. 636(m)(4)) by intermediaries that 
     make microloans under the microloan program:  Provided 
     further, That $19,500,000 shall be available for grants to 
     States to carry out export programs that assist small 
     business concerns authorized under section 22(l) of the Small 
     Business Act (15 U.S.C. 649(l)).

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $22,011,000.

                           office of advocacy

       For necessary expenses of the Office of Advocacy in 
     carrying out the provisions of title II of Public Law 94-305 
     (15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act 
     of 1980 (5 U.S.C. 601 et seq.), $9,190,000, to remain 
     available until expended.

                     business loans program account

                     (including transfer of funds)

       For the cost of direct loans, $5,000,000, to remain 
     available until expended, and for the cost of guaranteed 
     loans as authorized by section

[[Page H7388]]

     7(a) of the Small Business Act (Public Law 83-163), 
     $15,000,000, to remain available until expended:  Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974:  Provided further, That subject to 
     section 502 of the Congressional Budget Act of 1974, during 
     fiscal year 2021 commitments to guarantee loans under section 
     503 of the Small Business Investment Act of 1958 shall not 
     exceed $7,500,000,000:  Provided further, That during fiscal 
     year 2021 commitments for general business loans authorized 
     under paragraphs (1) through (35) of section 7(a) of the 
     Small Business Act shall not exceed $30,000,000,000 for a 
     combination of amortizing term loans and the aggregated 
     maximum line of credit provided by revolving loans:  Provided 
     further, That during fiscal year 2021 commitments for loans 
     authorized under subparagraph (C) of section 502(7) of the 
     Small Business Investment Act of 1958 (15 U.S.C. 696(7)) 
     shall not exceed $7,500,000,000:  Provided further, That 
     during fiscal year 2021 commitments to guarantee loans for 
     debentures under section 303(b) of the Small Business 
     Investment Act of 1958 shall not exceed $4,000,000,000:  
     Provided further, That during fiscal year 2021, guarantees of 
     trust certificates authorized by section 5(g) of the Small 
     Business Act shall not exceed a principal amount of 
     $13,000,000,000. In addition, for administrative expenses to 
     carry out the direct and guaranteed loan programs, 
     $160,300,000, which may be transferred to and merged with the 
     appropriations for Salaries and Expenses.

                     disaster loans program account

                     (including transfers of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by section 7(b) of the Small Business Act, 
     $168,075,000, to be available until expended, of which 
     $1,600,000 is for the Office of Inspector General of the 
     Small Business Administration for audits and reviews of 
     disaster loans and the disaster loan programs and shall be 
     transferred to and merged with the appropriations for the 
     Office of Inspector General; of which $158,075,000 is for 
     direct administrative expenses of loan making and servicing 
     to carry out the direct loan program, which may be 
     transferred to and merged with the appropriations for 
     Salaries and Expenses; and of which $8,400,000 is for 
     indirect administrative expenses for the direct loan program, 
     which may be transferred to and merged with the 
     appropriations for Salaries and Expenses:  Provided, That, of 
     the funds provided under this heading, $142,864,000 shall be 
     for major disasters declared pursuant to the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5122(2)):  Provided further, That the amount for major 
     disasters under this heading is designated by Congress as 
     being for disaster relief pursuant to section 251(b)(2)(D) of 
     the Balanced Budget and Emergency Deficit Control Act of 1985 
     (Public Law 99-177).

        administrative provisions--small business administration

                     (including transfers of funds)

       Sec. 540.  Not to exceed 5 percent of any appropriation 
     made available for the current fiscal year for the Small 
     Business Administration in this Act may be transferred 
     between such appropriations, but no such appropriation shall 
     be increased by more than 10 percent by any such transfers:  
     Provided, That any transfer pursuant to this paragraph shall 
     be treated as a reprogramming of funds under section 608 of 
     this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section.
       Sec. 541.  Not to exceed 3 percent of any appropriation 
     made available in this Act for the Small Business 
     Administration under the headings ``Salaries and Expenses'' 
     and ``Business Loans Program Account'' may be transferred to 
     the Administration's information technology system 
     modernization and working capital fund (IT WCF), as 
     authorized by section 1077(b)(1) of title X of division A of 
     the National Defense Authorization Act for Fiscal Year 2018, 
     for the purposes specified in section 1077(b)(3) of such Act, 
     upon the advance approval of the Committees on Appropriations 
     of the House of Representatives and the Senate:  Provided, 
     That amounts transferred to the IT WCF under this section 
     shall remain available for obligation through September 30, 
     2024.

                      United States Postal Service

                   payment to the postal service fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $55,333,000:  Provided, That mail for overseas voting and 
     mail for the blind shall continue to be free:  Provided 
     further, That 6-day delivery and rural delivery of mail shall 
     continue at not less than the 1983 level:  Provided further, 
     That none of the funds made available to the Postal Service 
     by this Act shall be used to implement any rule, regulation, 
     or policy of charging any officer or employee of any State or 
     local child support enforcement agency, or any individual 
     participating in a State or local program of child support 
     enforcement, a fee for information requested or provided 
     concerning an address of a postal customer:  Provided 
     further, That none of the funds provided in this Act shall be 
     used to consolidate or close small rural and other small post 
     offices:  Provided further, That the Postal Service may not 
     destroy, and shall continue to offer for sale, any copies of 
     the Multinational Species Conservation Funds Semipostal 
     Stamp, as authorized under the Multinational Species 
     Conservation Funds Semipostal Stamp Act of 2010 (Public Law 
     111-241).

                      office of inspector general

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $250,000,000, to be derived by transfer from the 
     Postal Service Fund and expended as authorized by section 
     603(b)(3) of the Postal Accountability and Enhancement Act 
     (Public Law 109-435).

                        United States Tax Court

                         salaries and expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, and not to 
     exceed $3,000 for official reception and representation 
     expenses; $56,100,000, of which $1,000,000 shall remain 
     available until expended:  Provided, That travel expenses of 
     the judges shall be paid upon the written certificate of the 
     judge.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

                    (including rescission of funds)

       Sec. 601.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 602.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 603.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 605.  None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930 (19 U.S.C. 1307).
       Sec. 606.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with chapter 
     83 of title 41, United States Code.
       Sec. 607.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating chapter 
     83 of title 41, United States Code.
       Sec. 608.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2021, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that: (1) creates a new program; (2) eliminates a program, 
     project, or activity; (3) increases funds or personnel for 
     any program, project, or activity for which funds have been 
     denied or restricted by the Congress; (4) proposes to use 
     funds directed for a specific activity by the Committee on 
     Appropriations of either the House of Representatives or the 
     Senate for a different purpose; (5) augments existing 
     programs, projects, or activities in excess of $5,000,000 or 
     10 percent, whichever is less; (6) reduces existing programs, 
     projects, or activities by $5,000,000 or 10 percent, 
     whichever is less; or (7) creates or reorganizes offices, 
     programs, or activities unless prior approval is received 
     from the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided, That prior to any 
     significant reorganization, restructuring, relocation, or 
     closing of offices, programs, or activities, each agency or 
     entity funded in this Act shall consult with the Committees 
     on Appropriations of the House of Representatives and the 
     Senate:  Provided further, That not later than 60 days after 
     the date of enactment of this Act, each agency funded by this 
     Act shall submit a report to the Committees on Appropriations 
     of the House of Representatives and the Senate to establish 
     the baseline for application of reprogramming and transfer 
     authorities for the current fiscal year:  Provided further, 
     That at a minimum the report shall include: (1) a table for 
     each appropriation, detailing both full-time employee 
     equivalents and budget authority, with separate columns to 
     display the prior year enacted level, the President's budget 
     request, adjustments made by Congress, adjustments due to 
     enacted rescissions, if appropriate, and the fiscal year 
     enacted level; (2) a delineation in the table for each 
     appropriation and its respective prior year enacted level by 
     object class and program, project, and activity as detailed 
     in this Act, in the accompanying report, or in the budget 
     appendix for the respective appropriation, whichever is more 
     detailed, and which shall apply to all items for which a 
     dollar amount is specified and to all programs for which new 
     budget authority is provided, as well as to discretionary 
     grants and discretionary grant allocations; and (3) an 
     identification of items of special congressional interest:  
     Provided further, That the amount appropriated or limited for 
     salaries and expenses for an agency shall be reduced by 
     $100,000 per day for each day after the required date that 
     the report has not been submitted to the Congress.

[[Page H7389]]

       Sec. 609.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2021 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2021 in this Act, shall remain available through 
     September 30, 2022, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate for approval prior to the 
     expenditure of such funds:  Provided further, That these 
     requests shall be made in compliance with reprogramming 
     guidelines.
       Sec. 610. (a) None of the funds made available in this Act 
     may be used by the Executive Office of the President to 
     request--
       (1) any official background investigation report on any 
     individual from the Federal Bureau of Investigation; or
       (2) a determination with respect to the treatment of an 
     organization as described in section 501(c) of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of such Code from the Department of the Treasury or 
     the Internal Revenue Service.
       (b) Subsection (a) shall not apply--
       (1) in the case of an official background investigation 
     report, if such individual has given express written consent 
     for such request not more than 6 months prior to the date of 
     such request and during the same presidential administration; 
     or
       (2) if such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 611.  The cost accounting standards promulgated under 
     chapter 15 of title 41, United States Code shall not apply 
     with respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 612.  For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office of Personnel Management pursuant to court approval.
       Sec. 613.  No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefits program which provides any benefits 
     or coverage for abortions.
       Sec. 614.  The provision of section 613 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 615.  In order to promote Government access to 
     commercial information technology, the restriction on 
     purchasing nondomestic articles, materials, and supplies set 
     forth in chapter 83 of title 41, United States Code 
     (popularly known as the Buy American Act), shall not apply to 
     the acquisition by the Federal Government of information 
     technology (as defined in section 11101 of title 40, United 
     States Code), that is a commercial item (as defined in 
     section 103 of title 41, United States Code).
       Sec. 616.  Notwithstanding section 1353 of title 31, United 
     States Code, no officer or employee of any regulatory agency 
     or commission funded by this Act may accept on behalf of that 
     agency, nor may such agency or commission accept, payment or 
     reimbursement from a non-Federal entity for travel, 
     subsistence, or related expenses for the purpose of enabling 
     an officer or employee to attend and participate in any 
     meeting or similar function relating to the official duties 
     of the officer or employee when the entity offering payment 
     or reimbursement is a person or entity subject to regulation 
     by such agency or commission, or represents a person or 
     entity subject to regulation by such agency or commission, 
     unless the person or entity is an organization described in 
     section 501(c)(3) of the Internal Revenue Code of 1986 and 
     exempt from tax under section 501(a) of such Code.
       Sec. 617. (a)(1) Notwithstanding any other provision of 
     law, an Executive agency covered by this Act otherwise 
     authorized to enter into contracts for either leases or the 
     construction or alteration of real property for office, 
     meeting, storage, or other space must consult with the 
     General Services Administration before issuing a solicitation 
     for offers of new leases or construction contracts, and in 
     the case of succeeding leases, before entering into 
     negotiations with the current lessor.
       (2) Any such agency with authority to enter into an 
     emergency lease may do so during any period declared by the 
     President to require emergency leasing authority with respect 
     to such agency.
       (b) For purposes of this section, the term ``Executive 
     agency covered by this Act'' means any Executive agency 
     provided funds by this Act, but does not include the General 
     Services Administration or the United States Postal Service.
       Sec. 618. (a) There are appropriated for the following 
     activities the amounts required under current law:
       (1) Compensation of the President (3 U.S.C. 102).
       (2) Payments to--
       (A) the Judicial Officers' Retirement Fund (28 U.S.C. 
     377(o));
       (B) the Judicial Survivors' Annuities Fund (28 U.S.C. 
     376(c)); and
       (C) the United States Court of Federal Claims Judges' 
     Retirement Fund (28 U.S.C. 178(l)).
       (3) Payment of Government contributions--
       (A) with respect to the health benefits of retired 
     employees, as authorized by chapter 89 of title 5, United 
     States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849); and
       (B) with respect to the life insurance benefits for 
     employees retiring after December 31, 1989 (5 U.S.C. ch. 87).
       (4) Payment to finance the unfunded liability of new and 
     increased annuity benefits under the Civil Service Retirement 
     and Disability Fund (5 U.S.C. 8348).
       (5) Payment of annuities authorized to be paid from the 
     Civil Service Retirement and Disability Fund by statutory 
     provisions other than subchapter III of chapter 83 or chapter 
     84 of title 5, United States Code.
       (b) Nothing in this section may be construed to exempt any 
     amount appropriated by this section from any otherwise 
     applicable limitation on the use of funds contained in this 
     Act.
       Sec. 619.  None of the funds made available in this Act may 
     be used by the Federal Trade Commission to complete the draft 
     report entitled ``Interagency Working Group on Food Marketed 
     to Children: Preliminary Proposed Nutrition Principles to 
     Guide Industry Self-Regulatory Efforts'' unless the 
     Interagency Working Group on Food Marketed to Children 
     complies with Executive Order No. 13563.
       Sec. 620. (a) The head of each executive branch agency 
     funded by this Act shall ensure that the Chief Information 
     Officer of the agency has the authority to participate in 
     decisions regarding the budget planning process related to 
     information technology.
       (b) Amounts appropriated for any executive branch agency 
     funded by this Act that are available for information 
     technology shall be allocated within the agency, consistent 
     with the provisions of appropriations Acts and budget 
     guidelines and recommendations from the Director of the 
     Office of Management and Budget, in such manner as specified 
     by, or approved by, the Chief Information Officer of the 
     agency in consultation with the Chief Financial Officer of 
     the agency and budget officials.
       Sec. 621.  None of the funds made available in this Act may 
     be used in contravention of chapter 29, 31, or 33 of title 
     44, United States Code.
       Sec. 622.  None of the funds made available in this Act may 
     be used by a governmental entity to require the disclosure by 
     a provider of electronic communication service to the public 
     or remote computing service of the contents of a wire or 
     electronic communication that is in electronic storage with 
     the provider (as such terms are defined in sections 2510 and 
     2711 of title 18, United States Code) in a manner that 
     violates the Fourth Amendment to the Constitution of the 
     United States.
       Sec. 623.  None of the funds appropriated by this Act may 
     be used by the Federal Communications Commission to modify, 
     amend, or change the rules or regulations of the Commission 
     for universal service high-cost support for competitive 
     eligible telecommunications carriers in a way that is 
     inconsistent with paragraph (e)(5) or (e)(6) of section 
     54.307 of title 47, Code of Federal Regulations, as in effect 
     on July 15, 2015:  Provided, That this section shall not 
     prohibit the Commission from considering, developing, or 
     adopting other support mechanisms as an alternative to 
     Mobility Fund Phase II.
       Sec. 624.  No funds provided in this Act shall be used to 
     deny an Inspector General funded under this Act timely access 
     to any records, documents, or other materials available to 
     the department or agency over which that Inspector General 
     has responsibilities under the Inspector General Act of 1978, 
     or to prevent or impede that Inspector General's access to 
     such records, documents, or other materials, under any 
     provision of law, except a provision of law that expressly 
     refers to the Inspector General and expressly limits the 
     Inspector General's right of access. A department or agency 
     covered by this section shall provide its Inspector General 
     with access to all such records, documents, and other 
     materials in a timely manner. Each Inspector General shall 
     ensure compliance with statutory limitations on disclosure 
     relevant to the information provided by the establishment 
     over which that Inspector General has responsibilities under 
     the Inspector General Act of 1978. Each Inspector General 
     covered by this section shall report to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     within 5 calendar days any failures to comply with this 
     requirement.
       Sec. 625. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, adjudication activities, or 
     other law enforcement- or victim assistance-related activity.
       Sec. 626.  None of the funds appropriated or other-wise 
     made available by this Act may be used to pay award or 
     incentive fees for contractors whose performance has been 
     judged to be below satisfactory, behind schedule, over 
     budget, or has failed to meet the basic requirements of a 
     contract, unless the Agency determines that any such 
     deviations are due to unforeseeable events, government-driven 
     scope changes, or are not significant within the overall 
     scope of the project and/or program and unless such awards or 
     incentive fees are consistent with 16.401(e)(2) of the 
     Federal Acquisition Regulation.
       Sec. 627. (a) None of the funds made available under this 
     Act may be used to pay for travel and conference activities 
     that result in a total cost to an Executive branch 
     department, agency, board or commission funded by this Act of 
     more than $500,000 at any single conference unless the agency 
     or entity determines that such attendance is in the national 
     interest and advance notice is transmitted to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate that includes the basis of that determination.

[[Page H7390]]

       (b) None of the funds made available under this Act may be 
     used to pay for the travel to or attendance of more than 50 
     employees, who are stationed in the United States, at any 
     single conference occurring outside the United States unless 
     the agency or entity determines that such attendance is in 
     the national interest and advance notice is transmitted to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate that includes the basis of 
     that determination.
       Sec. 628.  None of the funds made available by this Act may 
     be used for first-class or business-class travel by the 
     employees of executive branch agencies funded by this Act in 
     contravention of sections 301-10.122 through 301-10.125 of 
     title 41, Code of Federal Regulations.
       Sec. 629.  In addition to any amounts appropriated or 
     otherwise made available for expenses related to enhancements 
     to www.oversight.gov, $850,000, to remain available until 
     expended, shall be provided for an additional amount for such 
     purpose to the Inspectors General Council Fund established 
     pursuant to section 11(c)(3)(B) of the Inspector General Act 
     of 1978 (5 U.S.C. App.):  Provided, That these amounts shall 
     be in addition to any amounts or any authority available to 
     the Council of the Inspectors General on Integrity and 
     Efficiency under section 11 of the Inspector General Act of 
     1978 (5 U.S.C. App.).
       Sec. 630.  None of the funds made available by this Act may 
     be obligated on contracts in excess of $5,000 for public 
     relations, as that term is defined in Office and Management 
     and Budget Circular A-87 (revised May 10, 2004), unless 
     advance notice of such an obligation is transmitted to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       Sec. 631.  None of the funds made available by this Act 
     shall be used by the Securities and Exchange Commission to 
     finalize, issue, or implement any rule, regulation, or order 
     regarding the disclosure of political contributions, 
     contributions to tax exempt organizations, or dues paid to 
     trade associations.
       Sec. 632.  Federal agencies funded under this Act shall 
     clearly state within the text, audio, or video used for 
     advertising or educational purposes, including emails or 
     Internet postings, that the communication is printed, 
     published, or produced and disseminated at U.S. taxpayer 
     expense. The funds used by a Federal agency to carry out this 
     requirement shall be derived from amounts made available to 
     the agency for advertising or other communications regarding 
     the programs and activities of the agency.
       Sec. 633.  When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this act, shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 634.  Of the unobligated balances available in the 
     Department of the Treasury, Treasury Forfeiture Fund, 
     established by section 9703 of title 31, United States Code, 
     $75,000,000 shall be permanently rescinded not later than 
     September 30, 2021.
       Sec. 635.  Not later than 45 days after the last day of 
     each quarter, each agency funded in this Act shall submit to 
     the Committees on Appropriations of the Senate and the House 
     of Representatives a quarterly budget report that includes 
     total obligations of the Agency for that quarter for each 
     appropriation, by the source year of the appropriation.

                               TITLE VII

                  GENERAL PROVISIONS--GOVERNMENT-WIDE

                Departments, Agencies, and Corporations

                     (including transfer of funds)

       Sec. 701.  No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2021 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act (21 U.S.C. 802)) by the officers 
     and employees of such department, agency, or instrumentality.
       Sec. 702.  Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with subsection 1343(c) of title 31, United States 
     Code, for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement vehicles, 
     protective vehicles, and undercover surveillance vehicles), 
     is hereby fixed at $19,947 except station wagons for which 
     the maximum shall be $19,997:  Provided, That these limits 
     may be exceeded by not to exceed $7,250 for police-type 
     vehicles:  Provided further, That the limits set forth in 
     this section may not be exceeded by more than 5 percent for 
     electric or hybrid vehicles purchased for demonstration under 
     the provisions of the Electric and Hybrid Vehicle Research, 
     Development, and Demonstration Act of 1976:  Provided 
     further, That the limits set forth in this section may be 
     exceeded by the incremental cost of clean alternative fuels 
     vehicles acquired pursuant to Public Law 101-549 over the 
     cost of comparable conventionally fueled vehicles:  Provided 
     further, That the limits set forth in this section shall not 
     apply to any vehicle that is a commercial item and which 
     operates on alternative fuel, including but not limited to 
     electric, plug-in hybrid electric, and hydrogen fuel cell 
     vehicles.
       Sec. 703.  Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 704.  Unless otherwise specified in law during the 
     current fiscal year, no part of any appropriation contained 
     in this or any other Act shall be used to pay the 
     compensation of any officer or employee of the Government of 
     the United States (including any agency the majority of the 
     stock of which is owned by the Government of the United 
     States) whose post of duty is in the continental United 
     States unless such person: (1) is a citizen of the United 
     States; (2) is a person who is lawfully admitted for 
     permanent residence and is seeking citizenship as outlined in 
     8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a 
     refugee under 8 U.S.C. 1157 or is granted asylum under 8 
     U.S.C. 1158 and has filed a declaration of intention to 
     become a lawful permanent resident and then a citizen when 
     eligible; or (4) is a person who owes allegiance to the 
     United States:  Provided, That for purposes of this section, 
     affidavits signed by any such person shall be considered 
     prima facie evidence that the requirements of this section 
     with respect to his or her status are being complied with:  
     Provided further, That for purposes of subsections (2) and 
     (3) such affidavits shall be submitted prior to employment 
     and updated thereafter as necessary:  Provided further, That 
     any person making a false affidavit shall be guilty of a 
     felony, and upon conviction, shall be fined no more than 
     $4,000 or imprisoned for not more than 1 year, or both:  
     Provided further, That the above penal clause shall be in 
     addition to, and not in substitution for, any other 
     provisions of existing law:  Provided further, That any 
     payment made to any officer or employee contrary to the 
     provisions of this section shall be recoverable in action by 
     the Federal Government:  Provided further, That this section 
     shall not apply to any person who is an officer or employee 
     of the Government of the United States on the date of 
     enactment of this Act, or to international broadcasters 
     employed by the Broadcasting Board of Governors, or to 
     temporary employment of translators, or to temporary 
     employment in the field service (not to exceed 60 days) as a 
     result of emergencies:  Provided further, That this section 
     does not apply to the employment as Wildland firefighters for 
     not more than 120 days of nonresident aliens employed by the 
     Department of the Interior or the USDA Forest Service 
     pursuant to an agreement with another country.
       Sec. 705.  Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 479), the Public 
     Buildings Amendments of 1972 (86 Stat. 216), or other 
     applicable law.
       Sec. 706.  In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13834 
     (May 17, 2018), including any such programs adopted prior to 
     the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 707.  Funds made available by this or any other Act 
     for administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available:  Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 708.  No part of any appropriation contained in this 
     or any other Act shall be available for interagency financing 
     of boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 709.  None of the funds made available pursuant to the 
     provisions of this or any other Act shall be used to 
     implement, administer, or enforce any regulation which has 
     been disapproved pursuant to a joint resolution duly adopted 
     in accordance with the applicable law of the United States.
       Sec. 710.  During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Federal Government appointed by the President 
     of the United

[[Page H7391]]

     States, holds office, no funds may be obligated or expended 
     in excess of $5,000 to furnish or redecorate the office of 
     such department head, agency head, officer, or employee, or 
     to purchase furniture or make improvements for any such 
     office, unless advance notice of such furnishing or 
     redecoration is transmitted to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. For the purposes of this section, the term ``office'' 
     shall include the entire suite of offices assigned to the 
     individual, as well as any other space used primarily by the 
     individual or the use of which is directly controlled by the 
     individual.
       Sec. 711.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of national security and emergency 
     preparedness telecommunications initiatives which benefit 
     multiple Federal departments, agencies, or entities, as 
     provided by Executive Order No. 13618 (July 6, 2012).
       Sec. 712. (a) None of the funds made available by this or 
     any other Act may be obligated or expended by any department, 
     agency, or other instrumentality of the Federal Government to 
     pay the salaries or expenses of any individual appointed to a 
     position of a confidential or policy-determining character 
     that is excepted from the competitive service under section 
     3302 of title 5, United States Code, (pursuant to schedule C 
     of subpart C of part 213 of title 5 of the Code of Federal 
     Regulations) unless the head of the applicable department, 
     agency, or other instrumentality employing such schedule C 
     individual certifies to the Director of the Office of 
     Personnel Management that the schedule C position occupied by 
     the individual was not created solely or primarily in order 
     to detail the individual to the White House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed forces detailed to 
     or from an element of the intelligence community (as that 
     term is defined under section 3(4) of the National Security 
     Act of 1947 (50 U.S.C. 3003(4))).
       Sec. 713.  No part of any appropriation contained in this 
     or any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance or 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 714. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 715.  No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television, or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 716.  None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 717.  None of the funds made available in this or any 
     other Act may be used to provide any non-public information 
     such as mailing, telephone, or electronic mailing lists to 
     any person or any organization outside of the Federal 
     Government without the approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       Sec. 718.  No part of any appropriation contained in this 
     or any other Act shall be used directly or indirectly, 
     including by private contractor, for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by Congress.
       Sec. 719. (a) In this section, the term ``agency''--
       (1) means an Executive agency, as defined under 5 U.S.C. 
     105; and
       (2) includes a military department, as defined under 
     section 102 of such title, the United States Postal Service, 
     and the Postal Regulatory Commission.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under 5 U.S.C. 
     6301(2), has an obligation to expend an honest effort and a 
     reasonable proportion of such employee's time in the 
     performance of official duties.
       Sec. 720.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act to any department or agency, which 
     is a member of the Federal Accounting Standards Advisory 
     Board (FASAB), shall be available to finance an appropriate 
     share of FASAB administrative costs.
       Sec. 721.  Notwithstanding 31 U.S.C. 1346 and section 708 
     of this Act, the head of each Executive department and agency 
     is hereby authorized to transfer to or reimburse ``General 
     Services Administration, Government-wide Policy'' with the 
     approval of the Director of the Office of Management and 
     Budget, funds made available for the current fiscal year by 
     this or any other Act, including rebates from charge card and 
     other contracts:  Provided, That these funds shall be 
     administered by the Administrator of General Services to 
     support Government-wide and other multi-agency financial, 
     information technology, procurement, and other management 
     innovations, initiatives, and activities, including improving 
     coordination and reducing duplication, as approved by the 
     Director of the Office of Management and Budget, in 
     consultation with the appropriate interagency and multi-
     agency groups designated by the Director (including the 
     President's Management Council for overall management 
     improvement initiatives, the Chief Financial Officers Council 
     for financial management initiatives, the Chief Information 
     Officers Council for information technology initiatives, the 
     Chief Human Capital Officers Council for human capital 
     initiatives, the Chief Acquisition Officers Council for 
     procurement initiatives, and the Performance Improvement 
     Council for performance improvement initiatives):  Provided 
     further, That the total funds transferred or reimbursed shall 
     not exceed $15,000,000 to improve coordination, reduce 
     duplication, and for other activities related to Federal 
     Government Priority Goals established by 31 U.S.C. 1120, and 
     not to exceed $17,000,000 for Government-Wide innovations, 
     initiatives, and activities:  Provided further, That the 
     funds transferred to or for reimbursement of ``General 
     Services Administration, Government-wide Policy'' during 
     fiscal year 2021 shall remain available for obligation 
     through September 30, 2022:  Provided further, That such 
     transfers or reimbursements may only be made after 15 days 
     following notification of the Committees on Appropriations of 
     the House of Representatives and the Senate by the Director 
     of the Office of Management and Budget.
       Sec. 722.  Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 723.  Notwithstanding 31 U.S.C. 1346, or section 708 
     of this Act, funds made available for the current fiscal year 
     by this or any other Act shall be available for the 
     interagency funding of specific projects, workshops, studies, 
     and similar efforts to carry out the purposes of the National 
     Science and Technology Council (authorized by Executive Order 
     No. 12881), which benefit multiple Federal departments, 
     agencies, or entities:  Provided, That the Office of 
     Management and Budget shall provide a report describing the 
     budget of and resources connected with the National Science 
     and Technology Council to the Committees on Appropriations, 
     the House Committee on Science, Space, and Technology, and 
     the Senate Committee on Commerce, Science, and Transportation 
     90 days after enactment of this Act.
       Sec. 724.  Any request for proposals, solicitation, grant 
     application, form, notification, press release, or other 
     publications involving the distribution of Federal funds 
     shall comply with any relevant requirements in part 200 of 
     title 2, Code of Federal Regulations:  Provided, That this 
     section shall apply to direct payments, formula funds, and 
     grants received by a State receiving Federal funds.
       Sec. 725. (a) Prohibition of Federal Agency Monitoring of 
     Individuals' Internet Use.--None of the funds made available 
     in this or any other Act may be used by any Federal agency--
       (1) to collect, review, or create any aggregation of data, 
     derived from any means, that includes any personally 
     identifiable information relating to an individual's access 
     to or use of any Federal Government Internet site of the 
     agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregation of data, derived from any means, that 
     includes any personally identifiable information relating to 
     an individual's access to or use of any nongovernmental 
     Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;

[[Page H7392]]

       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to providing the Internet 
     site services or to protecting the rights or property of the 
     provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.
       Sec. 726. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--
       (1) any of the following religious plans:
       (A) Personal Care's HMO; and
       (B) OSF HealthPlans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 727.  The United States is committed to ensuring the 
     health of its Olympic, Pan American, and Paralympic athletes, 
     and supports the strict adherence to anti-doping in sport 
     through testing, adjudication, education, and research as 
     performed by nationally recognized oversight authorities.
       Sec. 728.  Notwithstanding any other provision of law, 
     funds appropriated for official travel to Federal departments 
     and agencies may be used by such departments and agencies, if 
     consistent with Office of Management and Budget Circular A-
     126 regarding official travel for Government personnel, to 
     participate in the fractional aircraft ownership pilot 
     program.
       Sec. 729.  Notwithstanding any other provision of law, none 
     of the funds appropriated or made available under this or any 
     other appropriations Act may be used to implement or enforce 
     restrictions or limitations on the Coast Guard Congressional 
     Fellowship Program, or to implement the proposed regulations 
     of the Office of Personnel Management to add sections 300.311 
     through 300.316 to part 300 of title 5 of the Code of Federal 
     Regulations, published in the Federal Register, volume 68, 
     number 174, on September 9, 2003 (relating to the detail of 
     executive branch employees to the legislative branch).
       Sec. 730.  Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, or lease 
     any additional facilities, except within or contiguous to 
     existing locations, to be used for the purpose of conducting 
     Federal law enforcement training without the advance approval 
     of the Committees on Appropriations of the House of 
     Representatives and the Senate, except that the Federal Law 
     Enforcement Training Center is authorized to obtain the 
     temporary use of additional facilities by lease, contract, or 
     other agreement for training which cannot be accommodated in 
     existing Center facilities.
       Sec. 731.  Unless otherwise authorized by existing law, 
     none of the funds provided in this or any other Act may be 
     used by an executive branch agency to produce any prepackaged 
     news story intended for broadcast or distribution in the 
     United States, unless the story includes a clear notification 
     within the text or audio of the prepackaged news story that 
     the prepackaged news story was prepared or funded by that 
     executive branch agency.
       Sec. 732.  None of the funds made available in this Act may 
     be used in contravention of section 552a of title 5, United 
     States Code (popularly known as the Privacy Act), and 
     regulations implementing that section.
       Sec. 733. (a) In General.--None of the funds appropriated 
     or otherwise made available by this or any other Act may be 
     used for any Federal Government contract with any foreign 
     incorporated entity which is treated as an inverted domestic 
     corporation under section 835(b) of the Homeland Security Act 
     of 2002 (6 U.S.C. 395(b)) or any subsidiary of such an 
     entity.
       (b) Waivers.--
       (1) In general.--Any Secretary shall waive subsection (a) 
     with respect to any Federal Government contract under the 
     authority of such Secretary if the Secretary determines that 
     the waiver is required in the interest of national security.
       (2) Report to congress.--Any Secretary issuing a waiver 
     under paragraph (1) shall report such issuance to Congress.
       (c) Exception.--This section shall not apply to any Federal 
     Government contract entered into before the date of the 
     enactment of this Act, or to any task order issued pursuant 
     to such contract.
       Sec. 734.  During fiscal year 2021, for each employee who--
       (1) retires under section 8336(d)(2) or 8414(b)(1)(B) of 
     title 5, United States Code; or
       (2) retires under any other provision of subchapter III of 
     chapter 83 or chapter 84 of such title 5 and receives a 
     payment as an incentive to separate, the separating agency 
     shall remit to the Civil Service Retirement and Disability 
     Fund an amount equal to the Office of Personnel Management's 
     average unit cost of processing a retirement claim for the 
     preceding fiscal year. Such amounts shall be available until 
     expended to the Office of Personnel Management and shall be 
     deemed to be an administrative expense under section 
     8348(a)(1)(B) of title 5, United States Code.
       Sec. 735. (a) None of the funds made available in this or 
     any other Act may be used to recommend or require any entity 
     submitting an offer for a Federal contract to disclose any of 
     the following information as a condition of submitting the 
     offer:
       (1) Any payment consisting of a contribution, expenditure, 
     independent expenditure, or disbursement for an 
     electioneering communication that is made by the entity, its 
     officers or directors, or any of its affiliates or 
     subsidiaries to a candidate for election for Federal office 
     or to a political committee, or that is otherwise made with 
     respect to any election for Federal office.
       (2) Any disbursement of funds (other than a payment 
     described in paragraph (1)) made by the entity, its officers 
     or directors, or any of its affiliates or subsidiaries to any 
     person with the intent or the reasonable expectation that the 
     person will use the funds to make a payment described in 
     paragraph (1).
       (b) In this section, each of the terms ``contribution'', 
     ``expenditure'', ``independent expenditure'', 
     ``electioneering communication'', ``candidate'', 
     ``election'', and ``Federal office'' has the meaning given 
     such term in the Federal Election Campaign Act of 1971 (52 
     U.S.C. 30101 et seq.).
       Sec. 736.  None of the funds made available in this or any 
     other Act may be used to pay for the painting of a portrait 
     of an officer or employee of the Federal Government, 
     including the President, the Vice President, a member of 
     Congress (including a Delegate or a Resident Commissioner to 
     Congress), the head of an executive branch agency (as defined 
     in section 133 of title 41, United States Code), or the head 
     of an office of the legislative branch.
       Sec. 737. (a)(1) Notwithstanding any other provision of 
     law, and except as otherwise provided in this section, no 
     part of any of the funds appropriated for fiscal year 2021, 
     by this or any other Act, may be used to pay any prevailing 
     rate employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (A) during the period from the date of expiration of the 
     limitation imposed by the comparable section for the previous 
     fiscal years until the normal effective date of the 
     applicable wage survey adjustment that is to take effect in 
     fiscal year 2021, in an amount that exceeds the rate payable 
     for the applicable grade and step of the applicable wage 
     schedule in accordance with such section; and
       (B) during the period consisting of the remainder of fiscal 
     year 2021, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under subparagraph (A) by 
     more than the sum of--
       (i) the percentage adjustment taking effect in fiscal year 
     2021 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (ii) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2021 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in the previous fiscal 
     year under such section.
       (2) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which paragraph (1) is in effect at a 
     rate that exceeds the rates that would be payable under 
     paragraph (1) were paragraph (1) applicable to such employee.
       (3) For the purposes of this subsection, the rates payable 
     to an employee who is covered by this subsection and who is 
     paid from a schedule not in existence on September 30, 2020, 
     shall be determined under regulations prescribed by the 
     Office of Personnel Management.
       (4) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this subsection may not 
     be changed from the rates in effect on September 30, 2020, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this 
     subsection.
       (5) This subsection shall apply with respect to pay for 
     service performed after September 30, 2020.
       (6) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this subsection shall be treated as 
     the rate of salary or basic pay.
       (7) Nothing in this subsection shall be considered to 
     permit or require the payment to any employee covered by this 
     subsection at a rate in excess of the rate that would be 
     payable were this subsection not in effect.
       (8) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this subsection if 
     the Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       (b) Notwithstanding subsection (a), the adjustment in rates 
     of basic pay for the statutory pay systems that take place in 
     fiscal year 2021 under sections 5344 and 5348 of title 5, 
     United States Code, shall be--
       (1) not less than the percentage received by employees in 
     the same location whose rates of

[[Page H7393]]

     basic pay are adjusted pursuant to the statutory pay systems 
     under sections 5303 and 5304 of title 5, United States Code:  
     Provided, That prevailing rate employees at locations where 
     there are no employees whose pay is increased pursuant to 
     sections 5303 and 5304 of title 5, United States Code, and 
     prevailing rate employees described in section 5343(a)(5) of 
     title 5, United States Code, shall be considered to be 
     located in the pay locality designated as ``Rest of United 
     States'' pursuant to section 5304 of title 5, United States 
     Code, for purposes of this subsection; and
       (2) effective as of the first day of the first applicable 
     pay period beginning after September 30, 2020.
       Sec. 738. (a) The head of any Executive branch department, 
     agency, board, commission, or office funded by this or any 
     other appropriations Act shall submit annual reports to the 
     Inspector General or senior ethics official for any entity 
     without an Inspector General, regarding the costs and 
     contracting procedures related to each conference held by any 
     such department, agency, board, commission, or office during 
     fiscal year 2021 for which the cost to the United States 
     Government was more than $100,000.
       (b) Each report submitted shall include, for each 
     conference described in subsection (a) held during the 
     applicable period--
       (1) a description of its purpose;
       (2) the number of participants attending;
       (3) a detailed statement of the costs to the United States 
     Government, including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services;
       (C) the cost of employee or contractor travel to and from 
     the conference; and
       (D) a discussion of the methodology used to determine which 
     costs relate to the conference; and
       (4) a description of the contracting procedures used 
     including--
       (A) whether contracts were awarded on a competitive basis; 
     and
       (B) a discussion of any cost comparison conducted by the 
     departmental component or office in evaluating potential 
     contractors for the conference.
       (c) Within 15 days after the end of a quarter, the head of 
     any such department, agency, board, commission, or office 
     shall notify the Inspector General or senior ethics official 
     for any entity without an Inspector General, of the date, 
     location, and number of employees attending a conference held 
     by any Executive branch department, agency, board, 
     commission, or office funded by this or any other 
     appropriations Act during fiscal year 2021 for which the cost 
     to the United States Government was more than $20,000.
       (d) A grant or contract funded by amounts appropriated by 
     this or any other appropriations Act may not be used for the 
     purpose of defraying the costs of a conference described in 
     subsection (c) that is not directly and programmatically 
     related to the purpose for which the grant or contract was 
     awarded, such as a conference held in connection with 
     planning, training, assessment, review, or other routine 
     purposes related to a project funded by the grant or 
     contract.
       (e) None of the funds made available in this or any other 
     appropriations Act may be used for travel and conference 
     activities that are not in compliance with Office of 
     Management and Budget Memorandum M-12-12 dated May 11, 2012 
     or any subsequent revisions to that memorandum.
       Sec. 739.  None of the funds made available in this or any 
     other appropriations Act may be used to increase, eliminate, 
     or reduce funding for a program, project, or activity as 
     proposed in the President's budget request for a fiscal year 
     until such proposed change is subsequently enacted in an 
     appropriation Act, or unless such change is made pursuant to 
     the reprogramming or transfer provisions of this or any other 
     appropriations Act.
       Sec. 740.  None of the funds made available by this or any 
     other Act may be used to implement, administer, enforce, or 
     apply the rule entitled ``Competitive Area'' published by the 
     Office of Personnel Management in the Federal Register on 
     April 15, 2008 (73 Fed. Reg. 20180 et seq.).
       Sec. 741.  None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to begin or 
     announce a study or public-private competition regarding the 
     conversion to contractor performance of any function 
     performed by Federal employees pursuant to Office of 
     Management and Budget Circular A-76 or any other 
     administrative regulation, directive, or policy.
       Sec. 742. (a) None of the funds appropriated or otherwise 
     made available by this or any other Act may be available for 
     a contract, grant, or cooperative agreement with an entity 
     that requires employees or contractors of such entity seeking 
     to report fraud, waste, or abuse to sign internal 
     confidentiality agreements or statements prohibiting or 
     otherwise restricting such employees or contractors from 
     lawfully reporting such waste, fraud, or abuse to a 
     designated investigative or law enforcement representative of 
     a Federal department or agency authorized to receive such 
     information.
       (b) The limitation in subsection (a) shall not contravene 
     requirements applicable to Standard Form 312, Form 4414, or 
     any other form issued by a Federal department or agency 
     governing the nondisclosure of classified information.
       Sec. 743. (a) No funds appropriated in this or any other 
     Act may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These provisions are consistent with and do not supersede, 
     conflict with, or otherwise alter the employee obligations, 
     rights, or liabilities created by existing statute or 
     Executive order relating to (1) classified information, (2) 
     communications to Congress, (3) the reporting to an Inspector 
     General of a violation of any law, rule, or regulation, or 
     mismanagement, a gross waste of funds, an abuse of authority, 
     or a substantial and specific danger to public health or 
     safety, or (4) any other whistleblower protection. The 
     definitions, requirements, obligations, rights, sanctions, 
     and liabilities created by controlling Executive orders and 
     statutory provisions are incorporated into this agreement and 
     are controlling.'':  Provided, That notwithstanding the 
     preceding provision of this section, a nondisclosure policy 
     form or agreement that is to be executed by a person 
     connected with the conduct of an intelligence or 
     intelligence-related activity, other than an employee or 
     officer of the United States Government, may contain 
     provisions appropriate to the particular activity for which 
     such document is to be used. Such form or agreement shall, at 
     a minimum, require that the person will not disclose any 
     classified information received in the course of such 
     activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress, 
     or to an authorized official of an executive agency or the 
     Department of Justice, that are essential to reporting a 
     substantial violation of law.
       (b) A nondisclosure agreement may continue to be 
     implemented and enforced notwithstanding subsection (a) if it 
     complies with the requirements for such agreement that were 
     in effect when the agreement was entered into.
       (c) No funds appropriated in this or any other Act may be 
     used to implement or enforce any agreement entered into 
     during fiscal year 2014 which does not contain substantially 
     similar language to that required in subsection (a).
       Sec. 744.  None of the funds made available by this or any 
     other Act may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that has any unpaid Federal tax liability that has been 
     assessed, for which all judicial and administrative remedies 
     have been exhausted or have lapsed, and that is not being 
     paid in a timely manner pursuant to an agreement with the 
     authority responsible for collecting the tax liability, where 
     the awarding agency is aware of the unpaid tax liability, 
     unless a Federal agency has considered suspension or 
     debarment of the corporation and has made a determination 
     that this further action is not necessary to protect the 
     interests of the Government.
       Sec. 745.  None of the funds made available by this or any 
     other Act may be used to enter into a contract, memorandum of 
     understanding, or cooperative agreement with, make a grant 
     to, or provide a loan or loan guarantee to, any corporation 
     that was convicted of a felony criminal violation under any 
     Federal law within the preceding 24 months, where the 
     awarding agency is aware of the conviction, unless a Federal 
     agency has considered suspension or debarment of the 
     corporation and has made a determination that this further 
     action is not necessary to protect the interests of the 
     Government.
       Sec. 746. (a) During fiscal year 2021, on the date on which 
     a request is made for a transfer of funds in accordance with 
     section 1017 of Public Law 111-203, the Bureau of Consumer 
     Financial Protection shall notify the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Financial Services of the House of 
     Representatives, and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate of such request.
       (b) Any notification required by this section shall be made 
     available on the Bureau's public website.
       Sec. 747.  If, for fiscal year 2021, new budget authority 
     provided in appropriations Acts exceeds the discretionary 
     spending limit for any category set forth in section 251(c) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985 due to estimating differences with the Congressional 
     Budget Office, an adjustment to the discretionary spending 
     limit in such category for fiscal year 2021 shall be made by 
     the Director of the Office of Management and Budget in the 
     amount of the excess but the total of all such adjustments 
     shall not exceed 0.2 percent of the sum of the adjusted 
     discretionary spending limits for all categories for that 
     fiscal year.
       Sec. 748. (a) Notwithstanding any official rate adjusted 
     under section 104 of title 3, United States Code, the rate 
     payable to the Vice President during calendar year 2021 shall 
     be the rate payable to the Vice President on December 31, 
     2020, by operation of section 749 of division C of Public Law 
     116-93.
       (b) Notwithstanding any official rate adjusted under 
     section 5318 of title 5, United States Code, or any other 
     provision of law, the payable rate during calendar year 2021 
     for an employee serving in an Executive Schedule position, or 
     in a position for which the rate of pay is fixed by statute 
     at an Executive Schedule rate, shall be the rate payable for 
     the applicable Executive Schedule level on December 31, 2020, 
     by operation of section 749 of division C of Public Law 116-
     93. Such an employee may not receive a rate increase during 
     calendar year 2021, except as provided in subsection (i).
       (c) Notwithstanding section 401 of the Foreign Service Act 
     of 1980 (Public Law 96-465) or any other provision of law, a 
     chief of mission or ambassador at large is subject to 
     subsection (b) in the same manner as other employees who are 
     paid at an Executive Schedule rate.
       (d)(1) This subsection applies to--
       (A) a noncareer appointee in the Senior Executive Service 
     paid a rate of basic pay at or above the official rate for 
     level IV of the Executive Schedule; or
       (B) a limited term appointee or limited emergency appointee 
     in the Senior Executive Service serving under a political 
     appointment and paid

[[Page H7394]]

     a rate of basic pay at or above the official rate for level 
     IV of the Executive Schedule.
       (2) Notwithstanding sections 5382 and 5383 of title 5, 
     United States Code, an employee described in paragraph (1) 
     may not receive a pay rate increase during calendar year 
     2021, except as provided in subsection (i).
       (e) Notwithstanding any other provision of law, any 
     employee paid a rate of basic pay (including any locality- 
     based payments under section 5304 of title 5, United States 
     Code, or similar authority) at or above the official rate for 
     level IV of the Executive Schedule who serves under a 
     political appointment may not receive a pay rate increase 
     during calendar year 2021, except as provided in subsection 
     (i). This subsection does not apply to employees in the 
     General Schedule pay system or the Foreign Service pay 
     system, to employees appointed under section 3161 of title 5, 
     United States Code, or to employees in another pay system 
     whose position would be classified at GS-15 or below if 
     chapter 51 of title 5, United States Code, applied to them.
       (f) Nothing in subsections (b) through (e) shall prevent 
     employees who do not serve under a political appointment from 
     receiving pay increases as otherwise provided under 
     applicable law.
       (g) This section does not apply to an individual who makes 
     an election to retain Senior Executive Service basic pay 
     under section 3392(c) of title 5, United States Code, for 
     such time as that election is in effect.
       (h) This section does not apply to an individual who makes 
     an election to retain Senior Foreign Service pay entitlements 
     under section 302(b) of the Foreign Service Act of 1980 
     (Public Law 96-465) for such time as that election is in 
     effect.
       (i) Notwithstanding subsections (b) through (e), an 
     employee in a covered position may receive a pay rate 
     increase upon an authorized movement to a different covered 
     position only if that new position has higher-level duties 
     and a pre-established level or range of pay higher than the 
     level or range for the position held immediately before the 
     movement. Any such increase must be based on the rates of pay 
     and applicable limitations on payable rates of pay in effect 
     on December 31, 2020, by operation of section 749 of division 
     C of Public Law 116-93.
       (j) Notwithstanding any other provision of law, for an 
     individual who is newly appointed to a covered position 
     during the period of time subject to this section, the 
     initial pay rate shall be based on the rates of pay and 
     applicable limitations on payable rates of pay in effect on 
     December 31, 2020, by operation of section 749 of division C 
     of Public Law 116-93.
       (k) If an employee affected by this section is subject to a 
     biweekly pay period that begins in calendar year 2021 but 
     ends in calendar year 2022, the bar on the employee's receipt 
     of pay rate increases shall apply through the end of that pay 
     period.
       (l) For the purpose of this section, the term ``covered 
     position'' means a position occupied by an employee whose pay 
     is restricted under this section.
       (m) This section takes effect on the first day of the first 
     applicable pay period beginning on or after January 1, 2021.
       Sec. 749.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in any title other than 
     title IV or VIII shall not apply to such title IV or VIII.

                               TITLE VIII

                GENERAL PROVISIONS--DISTRICT OF COLUMBIA

                     (including transfers of funds)

       Sec. 801.  There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of legal settlements or 
     judgments that have been entered against the District of 
     Columbia government.
       Sec. 802.  None of the Federal funds provided in this Act 
     shall be used for publicity or propaganda purposes or 
     implementation of any policy including boycott designed to 
     support or defeat legislation pending before Congress or any 
     State legislature.
       Sec. 803. (a) None of the Federal funds provided under this 
     Act to the agencies funded by this Act, both Federal and 
     District government agencies, that remain available for 
     obligation or expenditure in fiscal year 2021, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees available to the agencies 
     funded by this Act, shall be available for obligation or 
     expenditures for an agency through a reprogramming of funds 
     which--
       (1) creates new programs;
       (2) eliminates a program, project, or responsibility 
     center;
       (3) establishes or changes allocations specifically denied, 
     limited or increased under this Act;
       (4) increases funds or personnel by any means for any 
     program, project, or responsibility center for which funds 
     have been denied or restricted;
       (5) re-establishes any program or project previously 
     deferred through reprogramming;
       (6) augments any existing program, project, or 
     responsibility center through a reprogramming of funds in 
     excess of $3,000,000 or 10 percent, whichever is less; or
       (7) increases by 20 percent or more personnel assigned to a 
     specific program, project or responsibility center, unless 
     prior approval is received from the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.
       (b) The District of Columbia government is authorized to 
     approve and execute reprogramming and transfer requests of 
     local funds under this title through November 7, 2021.
       Sec. 804.  None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979 (D.C. 
     Law 3-171; D.C. Official Code, sec. 1-123).
       Sec. 805.  Except as otherwise provided in this section, 
     none of the funds made available by this Act or by any other 
     Act may be used to provide any officer or employee of the 
     District of Columbia with an official vehicle unless the 
     officer or employee uses the vehicle only in the performance 
     of the officer's or employee's official duties. For purposes 
     of this section, the term ``official duties'' does not 
     include travel between the officer's or employee's residence 
     and workplace, except in the case of--
       (1) an officer or employee of the Metropolitan Police 
     Department who resides in the District of Columbia or is 
     otherwise designated by the Chief of the Department;
       (2) at the discretion of the Fire Chief, an officer or 
     employee of the District of Columbia Fire and Emergency 
     Medical Services Department who resides in the District of 
     Columbia and is on call 24 hours a day;
       (3) at the discretion of the Director of the Department of 
     Corrections, an officer or employee of the District of 
     Columbia Department of Corrections who resides in the 
     District of Columbia and is on call 24 hours a day;
       (4) at the discretion of the Chief Medical Examiner, an 
     officer or employee of the Office of the Chief Medical 
     Examiner who resides in the District of Columbia and is on 
     call 24 hours a day;
       (5) at the discretion of the Director of the Homeland 
     Security and Emergency Management Agency, an officer or 
     employee of the Homeland Security and Emergency Management 
     Agency who resides in the District of Columbia and is on call 
     24 hours a day;
       (6) the Mayor of the District of Columbia; and
       (7) the Chairman of the Council of the District of 
     Columbia.
       Sec. 806. (a) None of the Federal funds contained in this 
     Act may be used by the District of Columbia Attorney General 
     or any other officer or entity of the District government to 
     provide assistance for any petition drive or civil action 
     which seeks to require Congress to provide for voting 
     representation in Congress for the District of Columbia.
       (b) Nothing in this section bars the District of Columbia 
     Attorney General from reviewing or commenting on briefs in 
     private lawsuits, or from consulting with officials of the 
     District government regarding such lawsuits.
       Sec. 807.  None of the Federal funds contained in this Act 
     may be used to distribute any needle or syringe for the 
     purpose of preventing the spread of blood borne pathogens in 
     any location that has been determined by the local public 
     health or local law enforcement authorities to be 
     inappropriate for such distribution.
       Sec. 808.  Nothing in this Act may be construed to prevent 
     the Council or Mayor of the District of Columbia from 
     addressing the issue of the provision of contraceptive 
     coverage by health insurance plans, but it is the intent of 
     Congress that any legislation enacted on such issue should 
     include a ``conscience clause'' which provides exceptions for 
     religious beliefs and moral convictions.
       Sec. 809. (a) None of the Federal funds contained in this 
     Act may be used to enact or carry out any law, rule, or 
     regulation to legalize or otherwise reduce penalties 
     associated with the possession, use, or distribution of any 
     schedule I substance under the Controlled Substances Act (21 
     U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.
       (b) No funds available for obligation or expenditure by the 
     District of Columbia government under any authority may be 
     used to enact any law, rule, or regulation to legalize or 
     otherwise reduce penalties associated with the possession, 
     use, or distribution of any schedule I substance under the 
     Controlled Substances Act (21 U.S.C. 801 et seq.) or any 
     tetrahydrocannabinols derivative for recreational purposes.
       Sec. 810.  No funds available for obligation or expenditure 
     by the District of Columbia government under any authority 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 811. (a) No later than 30 calendar days after the date 
     of the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council of the 
     District of Columbia, a revised appropriated funds operating 
     budget in the format of the budget that the District of 
     Columbia government submitted pursuant to section 442 of the 
     District of Columbia Home Rule Act (D.C. Official Code, sec. 
     1-204.42), for all agencies of the District of Columbia 
     government for fiscal year 2021 that is in the total amount 
     of the approved appropriation and that realigns all budgeted 
     data for personal services and other-than-personal services, 
     respectively, with anticipated actual expenditures.
       (b) This section shall apply only to an agency for which 
     the Chief Financial Officer for the District of Columbia 
     certifies that a reallocation is required to address 
     unanticipated changes in program requirements.
       Sec. 812.  No later than 30 calendar days after the date of 
     the enactment of this Act, the Chief Financial Officer for 
     the District of Columbia shall submit to the appropriate 
     committees of Congress, the Mayor, and the Council for the 
     District of Columbia, a revised appropriated funds operating 
     budget for the District of Columbia Public Schools that 
     aligns schools budgets to actual enrollment. The revised 
     appropriated funds budget shall be in the format of the 
     budget that the District of Columbia government submitted 
     pursuant to section 442 of the District of Columbia Home Rule 
     Act (D.C. Official Code, sec. 1-204.42).
       Sec. 813. (a) Amounts appropriated in this Act as operating 
     funds may be transferred to the

[[Page H7395]]

     District of Columbia's enterprise and capital funds and such 
     amounts, once transferred, shall retain appropriation 
     authority consistent with the provisions of this Act.
       (b) The District of Columbia government is authorized to 
     reprogram or transfer for operating expenses any local funds 
     transferred or reprogrammed in this or the four prior fiscal 
     years from operating funds to capital funds, and such 
     amounts, once transferred or reprogrammed, shall retain 
     appropriation authority consistent with the provisions of 
     this Act.
       (c) The District of Columbia government may not transfer or 
     reprogram for operating expenses any funds derived from 
     bonds, notes, or other obligations issued for capital 
     projects.
       Sec. 814.  None of the Federal funds appropriated in this 
     Act shall remain available for obligation beyond the current 
     fiscal year, nor may any be transferred to other 
     appropriations, unless expressly so provided herein.
       Sec. 815.  Except as otherwise specifically provided by law 
     or under this Act, not to exceed 50 percent of unobligated 
     balances remaining available at the end of fiscal year 2021 
     from appropriations of Federal funds made available for 
     salaries and expenses for fiscal year 2021 in this Act, shall 
     remain available through September 30, 2022, for each such 
     account for the purposes authorized:  Provided, That a 
     request shall be submitted to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     for approval prior to the expenditure of such funds:  
     Provided further, That these requests shall be made in 
     compliance with reprogramming guidelines outlined in section 
     803 of this Act.
       Sec. 816. (a)(1) During fiscal year 2022, during a period 
     in which neither a District of Columbia continuing resolution 
     or a regular District of Columbia appropriation bill is in 
     effect, local funds are appropriated in the amount provided 
     for any project or activity for which local funds are 
     provided in the Act referred to in paragraph (2) (subject to 
     any modifications enacted by the District of Columbia as of 
     the beginning of the period during which this subsection is 
     in effect) at the rate set forth by such Act.
       (2) The Act referred to in this paragraph is the Act of the 
     Council of the District of Columbia pursuant to which a 
     proposed budget is approved for fiscal year 2022 which 
     (subject to the requirements of the District of Columbia Home 
     Rule Act) will constitute the local portion of the annual 
     budget for the District of Columbia government for fiscal 
     year 2022 for purposes of section 446 of the District of 
     Columbia Home Rule Act (sec. 1-204.46, D.C. Official Code).
       (b) Appropriations made by subsection (a) shall cease to be 
     available--
       (1) during any period in which a District of Columbia 
     continuing resolution for fiscal year 2022 is in effect; or
       (2) upon the enactment into law of the regular District of 
     Columbia appropriation bill for fiscal year 2022.
       (c) An appropriation made by subsection (a) is provided 
     under the authority and conditions as provided under this Act 
     and shall be available to the extent and in the manner that 
     would be provided by this Act.
       (d) An appropriation made by subsection (a) shall cover all 
     obligations or expenditures incurred for such project or 
     activity during the portion of fiscal year 2022 for which 
     this section applies to such project or activity.
       (e) This section shall not apply to a project or activity 
     during any period of fiscal year 2022 if any other provision 
     of law (other than an authorization of appropriations)--
       (1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period; or
       (2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such project or activity to continue for such 
     period.
       (f) Nothing in this section shall be construed to affect 
     obligations of the government of the District of Columbia 
     mandated by other law.
       Sec. 817. (a) Section 244 of the Revised Statutes of the 
     United States relating to the District of Columbia (sec. 9-
     1201.03, D.C. Official Code) does not apply with respect to 
     any railroads installed pursuant to the Long Bridge Project.
       (b) In this section, the term ``Long Bridge Project'' means 
     the project carried out by the District of Columbia and the 
     Commonwealth of Virginia to construct a new Long Bridge 
     adjacent to the existing Long Bridge over the Potomac River, 
     including related infrastructure and other related projects, 
     to expand commuter and regional passenger rail service and to 
     provide bike and pedestrian access crossings over the Potomac 
     River.
       Sec. 818.  Not later than 45 days after the last day of 
     each quarter, each Federal and District government agency 
     appropriated Federal funds in this Act shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a quarterly budget report that includes total 
     obligations of the Agency for that quarter for each Federal 
     funds appropriation provided in this Act, by the source year 
     of the appropriation.
       Sec. 819.  Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in this title or in title 
     IV shall be treated as referring only to the provisions of 
     this title or of title IV.

                                TITLE IX

                  GENERAL PROVISION--EMERGENCY FUNDING

       Sec. 901.  For an additional amount for ``Records Center 
     Revolving Fund'' for the Federal Record Centers Program, 
     $50,000,000, to remain available until September 30, 2022, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, which shall be for 
     offsetting the loss resulting from the coronavirus pandemic 
     of the user charges collected by such Fund pursuant to 
     subsection (c) under the heading ``Records Center Revolving 
     Fund'' in Public Law 106-58, as amended (44 U.S.C. 2901 
     note):  Provided, That the amount provided under this section 
     in this Act may be used to reimburse the Fund for obligations 
     incurred for this purpose prior to the date of the enactment 
     of this Act:  Provided further, That such amount is provided 
     without regard to the limitation in subsection (d) under the 
     heading ``Records Center Revolving Fund'' in Public Law 106-
     58, as amended (44 U.S.C. 2901 note):  Provided further, That 
     the amount provided under this section in this Act may be 
     used to accelerate processing of requests for military 
     service records received during the pandemic:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       This division may be cited as the ``Financial Services and 
     General Government Appropriations Act, 2021''.

  DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2021

                                TITLE I

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

       For necessary expenses of the Office of the Secretary and 
     for executive management for operations and support, 
     $180,819,000; of which $20,000,000 shall be for the Office of 
     the Ombudsman for Immigration Detention, of which $5,000,000 
     shall remain available until September 30, 2022:  Provided, 
     That not to exceed $30,000 shall be for official reception 
     and representation expenses.

                           federal assistance

                     (including transfers of funds)

       For necessary expenses of the Office of the Secretary and 
     for executive management for Federal assistance through 
     grants, contracts, cooperative agreements, and other 
     activities, $25,000,000, which shall be transferred to the 
     Federal Emergency Management Agency, of which $20,000,000 
     shall be for targeted violence and terrorism prevention 
     grants and of which $5,000,000 shall be for an Alternatives 
     to Detention Case Management pilot program, to remain 
     available until September 30, 2022:  Provided, That the 
     amounts made available for the pilot program shall be awarded 
     to nonprofit organizations and local governments and 
     administered by a National Board, which shall be chaired by 
     the Officer for Civil Rights and Civil Liberties, for the 
     purposes of providing case management services, including but 
     not limited to: mental health services; human and sex 
     trafficking screening; legal orientation programs; cultural 
     orientation programs; connections to social services; and for 
     individuals who will be removed, reintegration services:  
     Provided further, That such services shall be provided to 
     each individual enrolled into the U.S. Immigration and 
     Customs Enforcement Alternatives to Detention program in the 
     geographic areas served by the pilot program:  Provided 
     further, That any such individual may opt out of receiving 
     such services after providing written informed consent:  
     Provided further, That not to exceed $350,000 shall be for 
     the administrative costs of the Department of Homeland 
     Security for the pilot program.

                         Management Directorate

                         operations and support

       For necessary expenses of the Management Directorate for 
     operations and support, $1,398,162,000:  Provided, That not 
     to exceed $2,000 shall be for official reception and 
     representation expenses.

              procurement, construction, and improvements

       For necessary expenses of the Management Directorate for 
     procurement, construction, and improvements, $214,795,000, of 
     which $159,611,000 shall remain available until September 30, 
     2023; and of which $55,184,000 shall remain available until 
     September 30, 2025.

                       federal protective service

       The revenues and collections of security fees credited to 
     this account shall be available until expended for necessary 
     expenses related to the protection of federally owned and 
     leased buildings and for the operations of the Federal 
     Protective Service.

          Intelligence, Analysis, and Operations Coordination

                         operations and support

       For necessary expenses of the Office of Intelligence and 
     Analysis and the Office of Operations Coordination for 
     operations and support, $298,500,000, of which $82,620,000 
     shall remain available until September 30, 2022:  Provided, 
     That not to exceed $3,825 shall be for official reception and 
     representation expenses and not to exceed $2,000,000 is 
     available for facility needs associated with secure space at 
     fusion centers, including improvements to buildings.

                    Office of the Inspector General

                         operations and support

       For necessary expenses of the Office of the Inspector 
     General for operations and support, $190,186,000:  Provided, 
     That not to exceed $300,000 may be used for certain 
     confidential operational expenses, including the payment of 
     informants, to be expended at the direction of the Inspector 
     General.

                       Administrative Provisions

       Sec. 101. (a) The Secretary of Homeland Security shall 
     submit a report not later than October

[[Page H7396]]

     15, 2021, to the Inspector General of the Department of 
     Homeland Security listing all grants and contracts awarded by 
     any means other than full and open competition during fiscal 
     years 2020 or 2021.
       (b) The Inspector General shall review the report required 
     by subsection (a) to assess departmental compliance with 
     applicable laws and regulations and report the results of 
     that review to the Committees on Appropriations of the Senate 
     and the House of Representatives not later than February 15, 
     2022.
       Sec. 102.  Not later than 30 days after the last day of 
     each month, the Chief Financial Officer of the Department of 
     Homeland Security shall submit to the Committees on 
     Appropriations of the Senate and the House of Representatives 
     a monthly budget and staffing report that includes total 
     obligations of the Department for that month and for the 
     fiscal year at the appropriation and program, project, and 
     activity levels, by the source year of the appropriation.
       Sec. 103.  The Secretary of Homeland Security shall require 
     that all contracts of the Department of Homeland Security 
     that provide award fees link such fees to successful 
     acquisition outcomes, which shall be specified in terms of 
     cost, schedule, and performance.
       Sec. 104. (a) The Secretary of Homeland Security, in 
     consultation with the Secretary of the Treasury, shall notify 
     the Committees on Appropriations of the Senate and the House 
     of Representatives of any proposed transfers of funds 
     available under section 9705(g)(4)(B) of title 31, United 
     States Code, from the Department of the Treasury Forfeiture 
     Fund to any agency within the Department of Homeland 
     Security.
       (b) None of the funds identified for such a transfer may be 
     obligated until the Committees on Appropriations of the 
     Senate and the House of Representatives are notified of the 
     proposed transfer.
       Sec. 105.  All official costs associated with the use of 
     Government aircraft by Department of Homeland Security 
     personnel to support official travel of the Secretary and the 
     Deputy Secretary shall be paid from amounts made available 
     for the Office of the Secretary.
       Sec. 106.  Section 107 of the Department of Homeland 
     Security Appropriations Act, 2018 (division F of Public Law 
     115-141), related to visa overstay data and border security 
     metrics, shall apply in fiscal year 2021, except that the 
     reference to ``this Act'' shall be treated as referring to 
     this Act, and the reference to ``2017'' shall be treated as 
     referring to ``2020''.

                                TITLE II

               SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                   U.S. Customs and Border Protection

                         operations and support

                     (including transfer of funds)

       For necessary expenses of U.S. Customs and Border 
     Protection for operations and support, including the 
     transportation of unaccompanied minor aliens; the provision 
     of air and marine support to Federal, State, local, and 
     international agencies in the enforcement or administration 
     of laws enforced by the Department of Homeland Security; at 
     the discretion of the Secretary of Homeland Security, the 
     provision of such support to Federal, State, and local 
     agencies in other law enforcement and emergency humanitarian 
     efforts; the purchase and lease of up to 7,500 (6,500 for 
     replacement only) police-type vehicles; the purchase, 
     maintenance, or operation of marine vessels, aircraft, and 
     unmanned aerial systems; and contracting with individuals for 
     personal services abroad; $12,908,923,000; of which 
     $3,274,000 shall be derived from the Harbor Maintenance Trust 
     Fund for administrative expenses related to the collection of 
     the Harbor Maintenance Fee pursuant to section 9505(c)(3) of 
     the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and 
     notwithstanding section 1511(e)(1) of the Homeland Security 
     Act of 2002 (6 U.S.C. 551(e)(1)); of which $500,000,000 shall 
     be available until September 30, 2022; and of which such sums 
     as become available in the Customs User Fee Account, except 
     sums subject to section 13031(f)(3) of the Consolidated 
     Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 
     58c(f)(3)), shall be derived from that account:  Provided, 
     That not to exceed $34,425 shall be for official reception 
     and representation expenses:  Provided further, That not to 
     exceed $150,000 shall be available for payment for rental 
     space in connection with preclearance operations:  Provided 
     further, That not to exceed $2,000,000 shall be for awards of 
     compensation to informants, to be accounted for solely under 
     the certificate of the Secretary of Homeland Security:  
     Provided further, That not to exceed $5,000,000 may be 
     transferred to the Bureau of Indian Affairs for the 
     maintenance and repair of roads on Native American 
     reservations used by the U.S. Border Patrol.

              procurement, construction, and improvements

       For necessary expenses of U.S. Customs and Border 
     Protection for procurement, construction, and improvements, 
     including procurement of marine vessels, aircraft, and 
     unmanned aerial systems, $1,839,634,000, of which 
     $322,235,000 shall remain available until September 30, 2023, 
     and of which $1,517,399,000 shall remain available until 
     September 30, 2025.

                U.S. Immigration and Customs Enforcement

                         operations and support

       For necessary expenses of U.S. Immigration and Customs 
     Enforcement for operations and support, including the 
     purchase and lease of up to 3,790 (2,350 for replacement 
     only) police-type vehicles; overseas vetted units; and 
     maintenance, minor construction, and minor leasehold 
     improvements at owned and leased facilities; $7,875,730,000; 
     of which not less than $6,000,000 shall remain available 
     until expended for efforts to enforce laws against forced 
     child labor; of which $46,696,000 shall remain available 
     until September 30, 2022; of which not less than $1,500,000 
     is for paid apprenticeships for participants in the Human 
     Exploitation Rescue Operative Child-Rescue Corps; of which 
     not less than $15,000,000 shall be available for 
     investigation of intellectual property rights violations, 
     including operation of the National Intellectual Property 
     Rights Coordination Center; and of which not less than 
     $4,118,902,000 shall be for enforcement, detention, and 
     removal operations, including transportation of unaccompanied 
     minor aliens:  Provided, That not to exceed $11,475 shall be 
     for official reception and representation expenses:  Provided 
     further, That not to exceed $10,000,000 shall be available 
     until expended for conducting special operations under 
     section 3131 of the Customs Enforcement Act of 1986 (19 
     U.S.C. 2081):  Provided further, That not to exceed 
     $2,000,000 shall be for awards of compensation to informants, 
     to be accounted for solely under the certificate of the 
     Secretary of Homeland Security:  Provided further, That not 
     to exceed $11,216,000 shall be available to fund or reimburse 
     other Federal agencies for the costs associated with the 
     care, maintenance, and repatriation of smuggled aliens 
     unlawfully present in the United States.

              procurement, construction, and improvements

       For necessary expenses of U.S. Immigration and Customs 
     Enforcement for procurement, construction, and improvements, 
     $97,799,000, of which $24,538,000 shall remain available 
     until September 30, 2023, and of which $73,261,000 shall 
     remain available until September 30, 2025.

                 Transportation Security Administration

                         operations and support

       For necessary expenses of the Transportation Security 
     Administration for operations and support, $7,793,715,000, to 
     remain available until September 30, 2022:  Provided, That 
     not to exceed $7,650 shall be for official reception and 
     representation expenses:  Provided further, That security 
     service fees authorized under section 44940 of title 49, 
     United States Code, shall be credited to this appropriation 
     as offsetting collections and shall be available only for 
     aviation security:  Provided further, That the sum 
     appropriated under this heading from the general fund shall 
     be reduced on a dollar-for-dollar basis as such offsetting 
     collections are received during fiscal year 2021 so as to 
     result in a final fiscal year appropriation from the general 
     fund estimated at not more than $4,853,715,000.

              procurement, construction, and improvements

       For necessary expenses of the Transportation Security 
     Administration for procurement, construction, and 
     improvements, $134,492,000, to remain available until 
     September 30, 2023.

                        research and development

       For necessary expenses of the Transportation Security 
     Administration for research and development, $29,524,000, to 
     remain available until September 30, 2022.

                              Coast Guard

                         operations and support

       For necessary expenses of the Coast Guard for operations 
     and support including the Coast Guard Reserve; purchase or 
     lease of not to exceed 25 passenger motor vehicles, which 
     shall be for replacement only; purchase or lease of small 
     boats for contingent and emergent requirements (at a unit 
     cost of not more than $700,000) and repairs and service-life 
     replacements, not to exceed a total of $31,000,000; purchase, 
     lease, or improvements of boats necessary for overseas 
     deployments and activities; payments pursuant to section 156 
     of Public Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and 
     recreation and welfare; $8,485,146,000, of which $530,000,000 
     shall be for defense-related activities; of which $24,500,000 
     shall be derived from the Oil Spill Liability Trust Fund to 
     carry out the purposes of section 1012(a)(5) of the Oil 
     Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of which 
     $11,000,000 shall remain available until September 30, 2023; 
     of which $21,186,000 shall remain available until September 
     30, 2025, for environmental compliance and restoration; and 
     of which $70,000,000 shall remain available until September 
     30, 2022, for vessel depot level maintenance:  Provided, That 
     not to exceed $23,000 shall be for official reception and 
     representation expenses.

              procurement, construction, and improvements

       For necessary expenses of the Coast Guard for procurement, 
     construction, and improvements, including aids to navigation, 
     shore facilities (including facilities at Department of 
     Defense installations used by the Coast Guard), and vessels 
     and aircraft, including equipment related thereto, 
     $2,264,041,000, to remain available until September 30, 2025; 
     of which $20,000,000 shall be derived from the Oil Spill 
     Liability Trust Fund to carry out the purposes of section 
     1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 
     2712(a)(5)).

                        research and development

       For necessary expenses of the Coast Guard for research and 
     development; and for maintenance, rehabilitation, lease, and 
     operation of facilities and equipment; $10,276,000, to remain 
     available until September 30, 2023, of which $500,000 shall 
     be derived from the Oil Spill Liability Trust Fund to carry 
     out the purposes of section 1012(a)(5) of the Oil Pollution 
     Act of 1990 (33 U.S.C. 2712(a)(5)):  Provided, That there may 
     be credited to and used for the purposes of this 
     appropriation funds received from State and local 
     governments, other public authorities, private sources, and 
     foreign countries for expenses incurred for research, 
     development, testing, and evaluation.

[[Page H7397]]

  


                              retired pay

       For retired pay, including the payment of obligations 
     otherwise chargeable to lapsed appropriations for this 
     purpose, payments under the Retired Serviceman's Family 
     Protection and Survivor Benefits Plans, payment for career 
     status bonuses, payment of continuation pay under section 356 
     of title 37, United States Code, concurrent receipts, combat-
     related special compensation, and payments for medical care 
     of retired personnel and their dependents under chapter 55 of 
     title 10, United States Code, $1,869,704,000, to remain 
     available until expended.

                      United States Secret Service

                         operations and support

       For necessary expenses of the United States Secret Service 
     for operations and support, including purchase of not to 
     exceed 652 vehicles for police-type use for replacement only; 
     hire of passenger motor vehicles; purchase of motorcycles 
     made in the United States; hire of aircraft; rental of 
     buildings in the District of Columbia; fencing, lighting, 
     guard booths, and other facilities on private or other 
     property not in Government ownership or control, as may be 
     necessary to perform protective functions; conduct of and 
     participation in firearms matches; presentation of awards; 
     conduct of behavioral research in support of protective 
     intelligence and operations; payment in advance for 
     commercial accommodations as may be necessary to perform 
     protective functions; and payment, without regard to section 
     5702 of title 5, United States Code, of subsistence expenses 
     of employees who are on protective missions, whether at or 
     away from their duty stations; $2,373,109,000; of which 
     $41,807,000 shall remain available until September 30, 2022, 
     and of which $6,000,000 shall be for a grant for activities 
     related to investigations of missing and exploited children; 
     and of which up to $15,000,000 may be for calendar year 2020 
     premium pay in excess of the annual equivalent of the 
     limitation on the rate of pay contained in section 5547(a) of 
     title 5, United States Code, pursuant to section 2 of the 
     Overtime Pay for Protective Services Act of 2016 (5 U.S.C. 
     5547 note), as amended by Public Law 115-383:  Provided, That 
     not to exceed $19,125 shall be for official reception and 
     representation expenses:  Provided further, That not to 
     exceed $100,000 shall be to provide technical assistance and 
     equipment to foreign law enforcement organizations in 
     criminal investigations within the jurisdiction of the United 
     States Secret Service.

              procurement, construction, and improvements

       For necessary expenses of the United States Secret Service 
     for procurement, construction, and improvements, $52,955,000, 
     to remain available until September 30, 2023.

                        research and development

       For necessary expenses of the United States Secret Service 
     for research and development, $11,937,000, to remain 
     available until September 30, 2022.

                       Administrative Provisions

       Sec. 201.  Section 201 of the Department of Homeland 
     Security Appropriations Act, 2018 (division F of Public Law 
     115-141), related to overtime compensation limitations, shall 
     apply with respect to funds made available in this Act in the 
     same manner as such section applied to funds made available 
     in that Act, except that ``fiscal year 2021'' shall be 
     substituted for ``fiscal year 2018''.
       Sec. 202.  Funding made available under the headings ``U.S. 
     Customs and Border Protection--Operations and Support'' and 
     ``U.S. Customs and Border Protection--Procurement, 
     Construction, and Improvements'' shall be available for 
     customs expenses when necessary to maintain operations and 
     prevent adverse personnel actions in Puerto Rico and the U.S. 
     Virgin Islands, in addition to funding provided by sections 
     740 and 1406i of title 48, United States Code.
       Sec. 203.  As authorized by section 601(b) of the United 
     States-Colombia Trade Promotion Agreement Implementation Act 
     (Public Law 112-42), fees collected from passengers arriving 
     from Canada, Mexico, or an adjacent island pursuant to 
     section 13031(a)(5) of the Consolidated Omnibus Budget 
     Reconciliation Act of 1985 (19 U.S.C. 58c(a)(5)) shall be 
     available until expended.
       Sec. 204.  For an additional amount for ``U.S. Customs and 
     Border Protection--Operations and Support'', $31,000,000, to 
     remain available until expended, to be reduced by amounts 
     collected and credited to this appropriation in fiscal year 
     2021 from amounts authorized to be collected by section 
     286(i) of the Immigration and Nationality Act (8 U.S.C. 
     1356(i)), section 10412 of the Farm Security and Rural 
     Investment Act of 2002 (7 U.S.C. 8311), and section 817 of 
     the Trade Facilitation and Trade Enforcement Act of 2015 
     (Public Law 114-25), or other such authorizing language:  
     Provided, That to the extent that amounts realized from such 
     collections exceed $31,000,000, those amounts in excess of 
     $31,000,000 shall be credited to this appropriation, to 
     remain available until expended.
       Sec. 205.  None of the funds made available in this Act for 
     U.S. Customs and Border Protection may be used to prevent an 
     individual not in the business of importing a prescription 
     drug (within the meaning of section 801(g) of the Federal 
     Food, Drug, and Cosmetic Act) from importing a prescription 
     drug from Canada that complies with the Federal Food, Drug, 
     and Cosmetic Act:  Provided, That this section shall apply 
     only to individuals transporting on their person a personal-
     use quantity of the prescription drug, not to exceed a 90-day 
     supply:  Provided further, That the prescription drug may not 
     be--
       (1) a controlled substance, as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802); or
       (2) a biological product, as defined in section 351 of the 
     Public Health Service Act (42 U.S.C. 262).
       Sec. 206.  Notwithstanding any other provision of law, none 
     of the funds provided in this or any other Act shall be used 
     to approve a waiver of the navigation and vessel-inspection 
     laws pursuant to section 501(b) of title 46, United States 
     Code, for the transportation of crude oil distributed from 
     and to the Strategic Petroleum Reserve until the Secretary of 
     Homeland Security, after consultation with the Secretaries of 
     the Departments of Energy and Transportation and 
     representatives from the United States flag maritime 
     industry, takes adequate measures to ensure the use of United 
     States flag vessels:  Provided, That the Secretary shall 
     notify the Committees on Appropriations of the Senate and the 
     House of Representatives, the Committee on Commerce, Science, 
     and Transportation of the Senate, and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives within 2 business days of any request for 
     waivers of navigation and vessel-inspection laws pursuant to 
     section 501(b) of title 46, United States Code, with respect 
     to such transportation, and the disposition of such requests.
       Sec. 207. (a) Beginning on the date of enactment of this 
     Act, the Secretary of Homeland Security shall not--
       (1) establish, collect, or otherwise impose any new border 
     crossing fee on individuals crossing the Southern border or 
     the Northern border at a land port of entry; or
       (2) conduct any study relating to the imposition of a 
     border crossing fee.
       (b) In this section, the term ``border crossing fee'' means 
     a fee that every pedestrian, cyclist, and driver and 
     passenger of a private motor vehicle is required to pay for 
     the privilege of crossing the Southern border or the Northern 
     border at a land port of entry.
       Sec. 208.  Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit an expenditure plan for any amounts made 
     available for ``U.S. Customs and Border Protection--
     Procurement, Construction, and Improvements'' in this Act and 
     prior Acts to the Committees on Appropriations of the Senate 
     and the House of Representatives:  Provided, That no such 
     amounts may be obligated prior to the submission of such 
     plan.
       Sec. 209.  Of the total amount made available under ``U.S. 
     Customs and Border Protection--Procurement, Construction, and 
     Improvements'', $464,634,000 shall be available only as 
     follows:
       (1) $160,530,000 for the acquisition and deployment of 
     border security technologies and trade and travel assets and 
     infrastructure;
       (2) $142,399,000 for facility construction and 
     improvements;
       (3) $119,076,000 for integrated operations assets and 
     infrastructure; and
       (4) $42,629,000 for mission support and infrastructure.
       Sec. 210.  Of the total amount made available under ``U.S. 
     Customs and Border Protection--Procurement, Construction, and 
     Improvements'', an amount equal to the amount made available 
     in section 209(a)(1) of division D of the Consolidated 
     Appropriations Act, 2020 (Public Law 116-93) shall be made 
     available for the same purposes as the amount provided under 
     such section in such Act.
       Sec. 211.  Federal funds may not be made available for the 
     construction of fencing--
       (1) within the Santa Ana Wildlife Refuge;
       (2) within the Bentsen-Rio Grande Valley State Park;
       (3) within La Lomita Historical park;
       (4) within the National Butterfly Center;
       (5) within or east of the Vista del Mar Ranch tract of the 
     Lower Rio Grande Valley National Wildlife Refuge; or
       (6) within historic cemeteries.
       Sec. 212.  Funds made available in this Act may be used to 
     alter operations within the National Targeting Center of U.S. 
     Customs and Border Protection:  Provided, That none of the 
     funds provided by this Act, provided by previous 
     appropriations Acts that remain available for obligation or 
     expenditure in fiscal year 2021, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the components funded by this 
     Act, may be used to reduce anticipated or planned vetting 
     operations at existing locations unless specifically 
     authorized by a statute enacted after the date of enactment 
     of this Act.
       Sec. 213.  Without regard to the limitation as to time and 
     condition of section 503(d) of this Act, the Secretary may 
     reprogram within and transfer funds to ``U.S. Immigration and 
     Customs Enforcement--Operations and Support'' as necessary to 
     ensure the detention of aliens prioritized for removal.
       Sec. 214.  None of the funds provided under the heading 
     ``U.S. Immigration and Customs Enforcement--Operations and 
     Support'' may be used to continue a delegation of law 
     enforcement authority authorized under section 287(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1357(g)) if the 
     Department of Homeland Security Inspector General determines 
     that the terms of the agreement governing the delegation of 
     authority have been materially violated.
       Sec. 215. (a) None of the funds provided under the heading 
     ``U.S. Immigration and Customs Enforcement--Operations and 
     Support'' may be used to continue any contract for the 
     provision of detention services if the two most recent 
     overall performance evaluations received by the contracted 
     facility are less than ``adequate'' or the equivalent median 
     score in any subsequent performance evaluation system.
       (b) Beginning not later than January 1, 2021, the 
     performance evaluations referenced in subsection (a) shall be 
     conducted by the U.S. Immigration and Customs Enforcement 
     Office of Professional Responsibility.
       Sec. 216.  The reports required to be submitted under 
     section 218 of the Department of Homeland Security 
     Appropriations Act, 2020 (division

[[Page H7398]]

     D of Public Law 116-93) shall continue to be submitted with 
     respect to the period beginning 15 days after the date of the 
     enactment of this Act and semimonthly thereafter, and each 
     matter required to be included in such report by such section 
     218 shall apply in the same manner and to the same extent 
     during the period described in this section, except that for 
     purposes of reports submitted with respect to such period 
     described, the following additional requirements shall be 
     treated as being included as subparagraphs (H) through (J) of 
     paragraph (1) of such section 218--
       (1) the average lengths of stay, including average post-
     determination length of stay in the case of detainees 
     described in subparagraph (F), for individuals who remain in 
     detention as of the last date of each such reporting period;
       (2) the number who have been in detention, disaggregated by 
     the number of detainees described in subparagraph (F), for 
     each of the following--
       (A) over 2 years;
       (B) from over 1 year to 2 years;
       (C) from over 6 months to 1 year; and
       (D) for less than 6 months; and
       (3) the number of individuals described in section 115.5 of 
     title 28, Code of Federal Regulations, including the use and 
     duration of solitary confinement for such person.
       Sec. 217.  The terms and conditions of sections 216 and 217 
     of the Department of Homeland Security Appropriations Act, 
     2020 (division D of Public Law 116-93) shall apply to this 
     Act.
       Sec. 218.  Members of the United States House of 
     Representatives and the United States Senate, including the 
     leadership; the heads of Federal agencies and commissions, 
     including the Secretary, Deputy Secretary, Under Secretaries, 
     and Assistant Secretaries of the Department of Homeland 
     Security; the United States Attorney General, Deputy Attorney 
     General, Assistant Attorneys General, and the United States 
     Attorneys; and senior members of the Executive Office of the 
     President, including the Director of the Office of Management 
     and Budget, shall not be exempt from Federal passenger and 
     baggage screening.
       Sec. 219.  Any award by the Transportation Security 
     Administration to deploy explosives detection systems shall 
     be based on risk, the airport's current reliance on other 
     screening solutions, lobby congestion resulting in increased 
     security concerns, high injury rates, airport readiness, and 
     increased cost effectiveness.
       Sec. 220.  Notwithstanding section 44923 of title 49, 
     United States Code, for fiscal year 2021, any funds in the 
     Aviation Security Capital Fund established by section 
     44923(h) of title 49, United States Code, may be used for the 
     procurement and installation of explosives detection systems 
     or for the issuance of other transaction agreements for the 
     purpose of funding projects described in section 44923(a) of 
     such title.
       Sec. 221.  None of the funds made available by this or any 
     other Act may be used by the Administrator of the 
     Transportation Security Administration to implement, 
     administer, or enforce, in abrogation of the responsibility 
     described in section 44903(n)(1) of title 49, United States 
     Code, any requirement that airport operators provide airport-
     financed staffing to monitor exit points from the sterile 
     area of any airport at which the Transportation Security 
     Administration provided such monitoring as of December 1, 
     2013.
       Sec. 222.  Not later than 30 days after the submission of 
     the President's budget proposal, the Administrator of the 
     Transportation Security Administration shall submit to the 
     Committees on Appropriations and Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Appropriations and Homeland Security in the House of 
     Representatives a single report that fulfills the following 
     requirements:
       (1) a Capital Investment Plan that includes a plan for 
     continuous and sustained capital investment in new, and the 
     replacement of aged, transportation security equipment;
       (2) the 5-year technology investment plan as required by 
     section 1611 of title XVI of the Homeland Security Act of 
     2002, as amended by section 3 of the Transportation Security 
     Acquisition Reform Act (Public Law 113-245); and
       (3) the Advanced Integrated Passenger Screening 
     Technologies report as required by the Senate Report 
     accompanying the Department of Homeland Security 
     Appropriations Act, 2019 (Senate Report 115-283).
       Sec. 223.  Section 225 of division A of Public Law 116-6 
     (49 U.S.C. 44901 note; relating to a pilot program for 
     screening outside of an existing primary passenger terminal 
     screening area) is amended in subsection (e) by striking 
     ``2021'' and inserting ``2023''.
       Sec. 224.  None of the funds made available by this Act 
     under the heading ``Coast Guard--Operations and Support'' 
     shall be for expenses incurred for recreational vessels under 
     section 12114 of title 46, United States Code, except to the 
     extent fees are collected from owners of yachts and credited 
     to the appropriation made available by this Act under the 
     heading ``Coast Guard--Operations and Support'':  Provided, 
     That to the extent such fees are insufficient to pay expenses 
     of recreational vessel documentation under such section 
     12114, and there is a backlog of recreational vessel 
     applications, personnel performing non-recreational vessel 
     documentation functions under subchapter II of chapter 121 of 
     title 46, United States Code, may perform documentation under 
     section 12114.
       Sec. 225.  Without regard to the limitation as to time and 
     condition of section 503(d) of this Act, after June 30, up to 
     $10,000,000 may be reprogrammed to or from the Military Pay 
     and Allowances funding category within ``Coast Guard--
     Operations and Support'' in accordance with subsection (a) of 
     section 503 of this Act.
       Sec. 226.  Notwithstanding any other provision of law, the 
     Commandant of the Coast Guard shall submit to the Committees 
     on Appropriations of the Senate and the House of 
     Representatives a future-years capital investment plan as 
     described in the second proviso under the heading ``Coast 
     Guard--Acquisition, Construction, and Improvements'' in the 
     Department of Homeland Security Appropriations Act, 2015 
     (Public Law 114-4), which shall be subject to the 
     requirements in the third and fourth provisos under such 
     heading.
       Sec. 227.  Of the funds made available for defense-related 
     activities under the heading ``Coast Guard--Operations and 
     Support'', up to $190,000,000 that are used for enduring 
     overseas missions in support of the global fight against 
     terror may be reallocated by program, project, and activity, 
     notwithstanding section 503 of this Act.
       Sec. 228.  None of the funds in this Act shall be used to 
     reduce the Coast Guard's Operations Systems Center mission or 
     its government-employed or contract staff levels.
       Sec. 229.  None of the funds appropriated by this Act may 
     be used to conduct, or to implement the results of, a 
     competition under Office of Management and Budget Circular A-
     76 for activities performed with respect to the Coast Guard 
     National Vessel Documentation Center.
       Sec. 230.  Funds made available in this Act may be used to 
     alter operations within the Civil Engineering Program of the 
     Coast Guard nationwide, including civil engineering units, 
     facilities design and construction centers, maintenance and 
     logistics commands, and the Coast Guard Academy, except that 
     none of the funds provided in this Act may be used to reduce 
     operations within any civil engineering unit unless 
     specifically authorized by a statute enacted after the date 
     of enactment of this Act.
       Sec. 231.  Amounts deposited into the Coast Guard Housing 
     Fund in fiscal year 2021 shall be available until expended to 
     carry out the purposes of section 2946 of title 14, United 
     States Code, and shall be in addition to funds otherwise 
     available for such purposes.
       Sec. 232.  The United States Secret Service is authorized 
     to obligate funds in anticipation of reimbursements from 
     executive agencies, as defined in section 105 of title 5, 
     United States Code, for personnel receiving training 
     sponsored by the James J. Rowley Training Center, except that 
     total obligations at the end of the fiscal year shall not 
     exceed total budgetary resources available under the heading 
     ``United States Secret Service--Operations and Support'' at 
     the end of the fiscal year.
       Sec. 233.  None of the funds made available to the United 
     States Secret Service by this Act or by previous 
     appropriations Acts may be made available for the protection 
     of the head of a Federal agency other than the Secretary of 
     Homeland Security:  Provided, That the Director of the United 
     States Secret Service may enter into agreements to provide 
     such protection on a fully reimbursable basis.
       Sec. 234.  For purposes of section 503(a)(3) of this Act, 
     up to $15,000,000 may be reprogrammed within ``United States 
     Secret Service--Operations and Support''.
       Sec. 235.  Funding made available in this Act for ``United 
     States Secret Service--Operations and Support'' is available 
     for travel of United States Secret Service employees on 
     protective missions without regard to the limitations on such 
     expenditures in this or any other Act if the Director of the 
     United States Secret Service or a designee notifies the 
     Committees on Appropriations of the Senate and the House of 
     Representatives 10 or more days in advance, or as early as 
     practicable, prior to such expenditures.

                               TITLE III

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

            Cybersecurity and Infrastructure Security Agency

                         operations and support

       For necessary expenses of the Cybersecurity and 
     Infrastructure Security Agency for operations and support, 
     $1,662,066,000, of which $22,793,000, shall remain available 
     until September 30, 2022:  Provided, That not to exceed 
     $3,825 shall be for official reception and representation 
     expenses.

              procurement, construction, and improvements

       For necessary expenses of the Cybersecurity and 
     Infrastructure Security Agency for procurement, construction, 
     and improvements, $353,479,000, to remain available until 
     September 30, 2023.

                        research and development

       For necessary expenses of the Cybersecurity and 
     Infrastructure Security Agency for research and development, 
     $9,431,000, to remain available until September 30, 2022.

                  Federal Emergency Management Agency

                         operations and support

       For necessary expenses of the Federal Emergency Management 
     Agency for operations and support, $1,129,282,000:  Provided, 
     That not to exceed $2,250 shall be for official reception and 
     representation expenses.

              procurement, construction, and improvements

       For necessary expenses of the Federal Emergency Management 
     Agency for procurement, construction, and improvements, 
     $105,985,000, of which $58,387,000 shall remain available 
     until September 30, 2023, and of which $47,598,000 shall 
     remain available until September 30, 2025.

                           federal assistance

       For activities of the Federal Emergency Management Agency 
     for Federal assistance through grants, contracts, cooperative 
     agreements, and other activities, $3,294,892,000, which shall 
     be allocated as follows:
       (1) $610,000,000 for the State Homeland Security Grant 
     Program under section 2004 of the Homeland Security Act of 
     2002 (6 U.S.C. 605), of which $90,000,000 shall be for 
     Operation Stonegarden, $15,000,000 shall be for Tribal

[[Page H7399]]

     Homeland Security Grants under section 2005 of the Homeland 
     Security Act of 2002 (6 U.S.C. 606), and $90,000,000 shall be 
     for organizations (as described under section 501(c)(3) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such code) determined by the Secretary of 
     Homeland Security to be at high risk of a terrorist attack:  
     Provided, That notwithstanding subsection (c)(4) of such 
     section 2004, for fiscal year 2021, the Commonwealth of 
     Puerto Rico shall make available to local and tribal 
     governments amounts provided to the Commonwealth of Puerto 
     Rico under this paragraph in accordance with subsection 
     (c)(1) of such section 2004.
       (2) $705,000,000 for the Urban Area Security Initiative 
     under section 2003 of the Homeland Security Act of 2002 (6 
     U.S.C. 604), of which $90,000,000 shall be for organizations 
     (as described under section 501(c)(3) of the Internal Revenue 
     Code of 1986 and exempt from tax under section 501(a) of such 
     code) determined by the Secretary of Homeland Security to be 
     at high risk of a terrorist attack.
       (3) $100,000,000 for Public Transportation Security 
     Assistance, Railroad Security Assistance, and Over-the-Road 
     Bus Security Assistance under sections 1406, 1513, and 1532 
     of the Implementing Recommendations of the 9/11 Commission 
     Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which 
     $10,000,000 shall be for Amtrak security and $2,000,000 shall 
     be for Over-the-Road Bus Security:  Provided, That such 
     public transportation security assistance shall be provided 
     directly to public transportation agencies.
       (4) $100,000,000 for Port Security Grants in accordance 
     with section 70107 of title 46, United States Code.
       (5) $720,000,000, to remain available until September 30, 
     2022, of which $360,000,000 shall be for Assistance to 
     Firefighter Grants and $360,000,000 shall be for Staffing for 
     Adequate Fire and Emergency Response Grants under sections 33 
     and 34 respectively of the Federal Fire Prevention and 
     Control Act of 1974 (15 U.S.C. 2229 and 2229a).
       (6) $355,000,000 for emergency management performance 
     grants under the National Flood Insurance Act of 1968 (42 
     U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake 
     Hazards Reduction Act of 1977 (42 U.S.C. 7701), section 762 
     of title 6, United States Code, and Reorganization Plan No. 3 
     of 1978 (5 U.S.C. App.).
       (7) $263,000,000 for necessary expenses for Flood Hazard 
     Mapping and Risk Analysis, in addition to and to supplement 
     any other sums appropriated under the National Flood 
     Insurance Fund, and such additional sums as may be provided 
     by States or other political subdivisions for cost-shared 
     mapping activities under section 1360(f)(2) of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4101(f)(2)), to remain 
     available until expended.
       (8) $12,000,000 for Regional Catastrophic Preparedness 
     Grants.
       (9) $12,000,000 for Rehabilitation of High Hazard Potential 
     Dams under section 8A of the National Dam Safety Program Act 
     (33 U.S.C. 467f-2).
       (10) $130,000,000 for the emergency food and shelter 
     program under title III of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11331), to remain available until 
     expended:  Provided, That not to exceed 3.5 percent shall be 
     for total administrative costs.
       (11) $287,892,000 to sustain current operations for 
     training, exercises, technical assistance, and other 
     programs.

                          disaster relief fund

                     (including transfer of funds)

       For necessary expenses in carrying out the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.), $17,142,000,000, to remain available 
     until expended, shall be for major disasters declared 
     pursuant to the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.) and is 
     designated by the Congress as being for disaster relief 
     pursuant to section 251(b)(2)(D) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985:  Provided, That of the 
     amount provided under this heading, up to $250,000,000 may be 
     transferred to the Disaster Assistance Direct Loan Program 
     Account for the cost of direct loans as authorized under 
     section 417 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5184), including loans 
     issued pursuant to section 311 of this Act, of which 
     $3,000,000 is for administrative expenses.

                     national flood insurance fund

       For activities under the National Flood Insurance Act of 
     1968 (42 U.S.C. 4001 et seq.), the Flood Disaster Protection 
     Act of 1973 (42 U.S.C. 4001 et seq.), the Biggert-Waters 
     Flood Insurance Reform Act of 2012 (Public Law 112-141, 126 
     Stat. 916), and the Homeowner Flood Insurance Affordability 
     Act of 2014 (Public Law 113-89; 128 Stat. 1020), 
     $204,412,000, to remain available until September 30, 2022, 
     which shall be derived from offsetting amounts collected 
     under section 1308(d) of the National Flood Insurance Act of 
     1968 (42 U.S.C. 4015(d)); of which $13,906,000 shall be 
     available for mission support associated with flood 
     management; and of which $190,506,000 shall be available for 
     flood plain management and flood mapping:  Provided, That any 
     additional fees collected pursuant to section 1308(d) of the 
     National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)) 
     shall be credited as offsetting collections to this account, 
     to be available for flood plain management and flood mapping: 
      Provided further, That in fiscal year 2021, no funds shall 
     be available from the National Flood Insurance Fund under 
     section 1310 of the National Flood Insurance Act of 1968 (42 
     U.S.C. 4017) in excess of--
       (1) $181,021,000 for operating expenses and salaries and 
     expenses associated with flood insurance operations;
       (2) $1,164,000,000 for commissions and taxes of agents;
       (3) such sums as are necessary for interest on Treasury 
     borrowings; and
       (4) $175,000,000, which shall remain available until 
     expended, for flood mitigation actions and for flood 
     mitigation assistance under section 1366 of the National 
     Flood Insurance Act of 1968 (42 U.S.C. 4104c), 
     notwithstanding sections 1366(e) and 1310(a)(7) of such Act 
     (42 U.S.C. 4104c(e), 4017):
       Provided further, That the amounts collected under section 
     102 of the Flood Disaster Protection Act of 1973 (42 U.S.C. 
     4012a) and section 1366(e) of the National Flood Insurance 
     Act of 1968 (42 U.S.C. 4104c(e)), shall be deposited in the 
     National Flood Insurance Fund to supplement other amounts 
     specified as available for section 1366 of the National Flood 
     Insurance Act of 1968, notwithstanding section 102(f)(8), 
     section 1366(e) of the National Flood Insurance Act of 1968, 
     and paragraphs (1) through (3) of section 1367(b) of such Act 
     (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)):  Provided 
     further, That total administrative costs shall not exceed 4 
     percent of the total appropriation:  Provided further, That 
     up to $5,000,000 is available to carry out section 24 of the 
     Homeowner Flood Insurance Affordability Act of 2014 (42 
     U.S.C. 4033).

                       Administrative Provisions

       Sec. 301.  Funds made available under the heading 
     ``Cybersecurity and Infrastructure Security Agency--
     Operations and Support'' may be made available for the 
     necessary expenses of carrying out the competition specified 
     in section 2(e) of Executive Order No. 13870 (May 2, 2019), 
     including the provision of monetary and non-monetary awards 
     for Federal civilian employees and members of the uniformed 
     services, the necessary expenses for the honorary recognition 
     of any award recipients, and activities to encourage 
     participation in the competition, including promotional 
     items:  Provided, That any awards made pursuant to this 
     section shall be of the same type and amount as those 
     authorized under sections 4501 through 4505 of title 5, 
     United States Code.
       Sec. 302.  Notwithstanding section 2008(a)(12) of the 
     Homeland Security Act of 2002 (6 U.S.C. 609(a)(12)) or any 
     other provision of law, not more than 5 percent of the amount 
     of a grant made available in paragraphs (1) through (4) under 
     ``Federal Emergency Management Agency--Federal Assistance'', 
     may be used by the grantee for expenses directly related to 
     administration of the grant.
       Sec. 303.  Applications for grants under the heading 
     ``Federal Emergency Management Agency--Federal Assistance'', 
     for paragraphs (1) through (4), shall be made available to 
     eligible applicants not later than 60 days after the date of 
     enactment of this Act, eligible applicants shall submit 
     applications not later than 80 days after the grant 
     announcement, and the Administrator of the Federal Emergency 
     Management Agency shall act within 65 days after the receipt 
     of an application.
       Sec. 304.  Under the heading ``Federal Emergency Management 
     Agency--Federal Assistance'', for grants under paragraphs (1) 
     through (4), (8), and (9), the Administrator of the Federal 
     Emergency Management Agency shall brief the Committees on 
     Appropriations of the Senate and the House of Representatives 
     5 full business days in advance of announcing publicly the 
     intention of making an award.
       Sec. 305.  Under the heading ``Federal Emergency Management 
     Agency--Federal Assistance'', for grants under paragraphs (1) 
     and (2), the installation of communications towers is not 
     considered construction of a building or other physical 
     facility.
       Sec. 306.  The reporting requirements in paragraphs (1) and 
     (2) under the heading ``Federal Emergency Management Agency--
     Disaster Relief Fund'' in the Department of Homeland Security 
     Appropriations Act, 2015 (Public Law 114-4) shall be applied 
     in fiscal year 2021 with respect to budget year 2022 and 
     current fiscal year 2021, respectively--
       (1) in paragraph (1) by substituting ``fiscal year 2022'' 
     for ``fiscal year 2016''; and
       (2) in paragraph (2) by inserting ``business'' after 
     ``fifth''.
       Sec. 307.  In making grants under the heading ``Federal 
     Emergency Management Agency--Federal Assistance'', for 
     Staffing for Adequate Fire and Emergency Response grants, the 
     Administrator of the Federal Emergency Management Agency may 
     grant waivers from the requirements in subsections (a)(1)(A), 
     (a)(1)(B), (a)(1)(E), (c)(1), (c)(2), and (c)(4) of section 
     34 of the Federal Fire Prevention and Control Act of 1974 (15 
     U.S.C. 2229a).
       Sec. 308.  The aggregate charges assessed during fiscal 
     year 2021, as authorized in title III of the Departments of 
     Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1999 (42 U.S.C. 
     5196e), shall not be less than 100 percent of the amounts 
     anticipated by the Department of Homeland Security to be 
     necessary for its Radiological Emergency Preparedness Program 
     for the next fiscal year:  Provided, That the methodology for 
     assessment and collection of fees shall be fair and equitable 
     and shall reflect costs of providing such services, including 
     administrative costs of collecting such fees:  Provided 
     further, That such fees shall be deposited in a Radiological 
     Emergency Preparedness Program account as offsetting 
     collections and will become available for authorized purposes 
     on October 1, 2021, and remain available until expended.
       Sec. 309. (a) Any balances of funds appropriated in any 
     prior Act for activities funded by National Predisaster 
     Mitigation Fund under section 203 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133) 
     (as in effect on the day before the date of enactment of 
     section 1234 of division D of Public

[[Page H7400]]

     Law 115-254) may be transferred to and merged for all 
     purposes with the funds set aside pursuant to subsection 
     (i)(1) of section 203 of the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5133), as in 
     effect on the date of the enactment of this section.
       (b) The transfer authorized in subsection (a) may not occur 
     until the Administrator of the Federal Emergency Management 
     Agency submits to the Committees on Appropriations of the 
     Senate and the House of Representatives a plan for the 
     obligation of funds pursuant to such subsection (i)(1), 
     including the criteria to be used for awarding grants and a 
     process for tracking the obligation of such transferred 
     funds.
       Sec. 310.  In making grants under the heading ``Federal 
     Emergency Management Agency--Federal Assistance'', for 
     Assistance to Firefighter Grants, the Administrator of the 
     Federal Emergency Management Agency may waive subsection (k) 
     of section 33 of the Federal Fire Prevention and Control Act 
     of 1974 (15 U.S.C. 2229).
       Sec. 311. (a) For major disasters declared in 2018 pursuant 
     to the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170), a territory or possession of 
     the United States shall be deemed to be a local government 
     for purposes of section 417 of such Act (42 U.S.C. 5184) and 
     section 206.361(a) of title 44, Code of Federal Regulations.
       (b) Notwithstanding section 206.361(a) of title 44, Code of 
     Federal Regulations, the President may provide a loan until 
     the last day of the fiscal year that is 3 fiscal years after 
     the fiscal year in which the natural disaster described in 
     such subsection occurs.
       (c) Notwithstanding section 417(b) of such Act and section 
     206.361(b) of title 44, Code of Federal Regulations, the 
     amount of any loan issued to a territory or possession may--
       (1) exceed $5,000,000; and
       (2) may be based on the projected loss of tax and other 
     revenues and on projected cash outlays not previously 
     budgeted for a period not to exceed 1 year beginning on the 
     date that the major disaster occurred.

                                TITLE IV

             RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

               U.S. Citizenship and Immigration Services

                         operations and support

       For necessary expenses of U.S. Citizenship and Immigration 
     Services for operations and support of the E-Verify Program, 
     $117,790,000.

                           federal assistance

       For necessary expenses of U.S. Citizenship and Immigration 
     Services for Federal assistance for the Citizenship and 
     Integration Grant Program, $10,000,000.

                Federal Law Enforcement Training Centers

                         operations and support

       For necessary expenses of the Federal Law Enforcement 
     Training Centers for operations and support, including the 
     purchase of not to exceed 117 vehicles for police-type use 
     and hire of passenger motor vehicles, and services as 
     authorized by section 3109 of title 5, United States Code, 
     $314,348,000, of which $61,391,000 shall remain available 
     until September 30, 2022:  Provided, That not to exceed 
     $7,180 shall be for official reception and representation 
     expenses.

              procurement, construction, and improvements

       For necessary expenses of the Federal Law Enforcement 
     Training Centers for procurement, construction, and 
     improvements, $26,000,000, to remain available until 
     September 30, 2025, for acquisition of necessary additional 
     real property and facilities, construction and ongoing 
     maintenance, facility improvements and related expenses of 
     the Federal Law Enforcement Training Centers.

                   Science and Technology Directorate

                         operations and support

       For necessary expenses of the Science and Technology 
     Directorate for operations and support, including the 
     purchase or lease of not to exceed 5 vehicles, $302,703,000, 
     of which $180,112,000 shall remain available until September 
     30, 2022:  Provided, That not to exceed $10,000 shall be for 
     official reception and representation expenses.

              procurement, construction, and improvements

       For necessary expenses of the Science and Technology 
     Directorate for procurement, construction, and improvements, 
     $18,927,000, to remain available until September 30, 2025.

                        research and development

       For necessary expenses of the Science and Technology 
     Directorate for research and development, $443,928,000, to 
     remain available until September 30, 2023.

             Countering Weapons of Mass Destruction Office

                         operations and support

       For necessary expenses of the Countering Weapons of Mass 
     Destruction Office for operations and support, $179,892,000, 
     of which $20,697,000 shall remain available until September 
     30, 2022:  Provided, That not to exceed $2,250 shall be for 
     official reception and representation expenses.

              procurement, construction, and improvements

       For necessary expenses of the Countering Weapons of Mass 
     Destruction Office for procurement, construction, and 
     improvements, $87,413,000, to remain available until 
     September 30, 2023.

                        research and development

       For necessary expenses of the Countering Weapons of Mass 
     Destruction Office for research and development, $65,309,000, 
     to remain available until September 30, 2023.

                           federal assistance

       For necessary expenses of the Countering Weapons of Mass 
     Destruction Office for Federal assistance through grants, 
     contracts, cooperative agreements, and other activities, 
     $69,663,000, to remain available until September 30, 2023.

                       Administrative Provisions

       Sec. 401.  Notwithstanding any other provision of law, 
     funds otherwise made available to U.S. Citizenship and 
     Immigration Services may be used to acquire, operate, equip, 
     and dispose of up to 5 vehicles, for replacement only, for 
     areas where the Administrator of General Services does not 
     provide vehicles for lease:  Provided, That the Director of 
     U.S. Citizenship and Immigration Services may authorize 
     employees who are assigned to those areas to use such 
     vehicles to travel between the employees' residences and 
     places of employment.
       Sec. 402.  None of the funds appropriated by this Act may 
     be used to process or approve a competition under Office of 
     Management and Budget Circular A-76 for services provided by 
     employees (including employees serving on a temporary or term 
     basis) of U.S. Citizenship and Immigration Services of the 
     Department of Homeland Security who are known as Immigration 
     Information Officers, Immigration Service Analysts, Contact 
     Representatives, Investigative Assistants, or Immigration 
     Services Officers.
       Sec. 403.  The terms and conditions of section 403 of the 
     Department of Homeland Security Appropriations Act, 2020 
     (division D of Public Law 116-93) shall apply to this Act.
       Sec. 404.  The Director of the Federal Law Enforcement 
     Training Centers is authorized to distribute funds to Federal 
     law enforcement agencies for expenses incurred participating 
     in training accreditation.
       Sec. 405.  The Federal Law Enforcement Training 
     Accreditation Board, including representatives from the 
     Federal law enforcement community and non-Federal 
     accreditation experts involved in law enforcement training, 
     shall lead the Federal law enforcement training accreditation 
     process to continue the implementation of measuring and 
     assessing the quality and effectiveness of Federal law 
     enforcement training programs, facilities, and instructors.
       Sec. 406.  The Director of the Federal Law Enforcement 
     Training Centers may accept transfers to its ``Procurement, 
     Construction, and Improvements'' account from Government 
     agencies requesting the construction of special use 
     facilities, as authorized by the Economy Act (31 U.S.C. 
     1535(b)):  Provided, That the Federal Law Enforcement 
     Training Centers maintain administrative control and 
     ownership upon completion of such facilities.
       Sec. 407.  The functions of the Federal Law Enforcement 
     Training Centers instructor staff shall be classified as 
     inherently governmental for purposes of the Federal 
     Activities Inventory Reform Act of 1998 (31 U.S.C. 501 note).

                                TITLE V

                           GENERAL PROVISIONS

             (including transfers and rescissions of funds)

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  Subject to the requirements of section 503 of 
     this Act, the unexpended balances of prior appropriations 
     provided for activities in this Act may be transferred to 
     appropriation accounts for such activities established 
     pursuant to this Act, may be merged with funds in the 
     applicable established accounts, and thereafter may be 
     accounted for as one fund for the same time period as 
     originally enacted.
       Sec. 503. (a) None of the funds provided by this Act, 
     provided by previous appropriations Acts to the components in 
     or transferred to the Department of Homeland Security that 
     remain available for obligation or expenditure in fiscal year 
     2021, or provided from any accounts in the Treasury of the 
     United States derived by the collection of fees available to 
     the components funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that--
       (1) creates or eliminates a program, project, or activity, 
     or increases funds for any program, project, or activity for 
     which funds have been denied or restricted by the Congress;
       (2) contracts out any function or activity presently 
     performed by Federal employees or any new function or 
     activity proposed to be performed by Federal employees in the 
     President's budget proposal for fiscal year 2021 for the 
     Department of Homeland Security;
       (3) augments funding for existing programs, projects, or 
     activities in excess of $5,000,000 or 10 percent, whichever 
     is less;
       (4) reduces funding for any program, project, or activity, 
     or numbers of personnel, by 10 percent or more; or
       (5) results from any general savings from a reduction in 
     personnel that would result in a change in funding levels for 
     programs, projects, or activities as approved by the 
     Congress.
       (b) Subsection (a) shall not apply if the Committees on 
     Appropriations of the Senate and the House of Representatives 
     are notified at least 15 days in advance of such 
     reprogramming.
       (c) Up to 5 percent of any appropriation made available for 
     the current fiscal year for the Department of Homeland 
     Security by this Act or provided by previous appropriations 
     Acts may be transferred between such appropriations if the 
     Committees on Appropriations of the Senate and the House of 
     Representatives are notified at least 30 days in advance of 
     such transfer, but no such appropriation, except as otherwise 
     specifically provided, shall be increased by more than 10 
     percent by such transfer.
       (d) Notwithstanding subsections (a), (b), and (c), no funds 
     shall be reprogrammed within or

[[Page H7401]]

     transferred between appropriations based upon an initial 
     notification provided after June 30, except in extraordinary 
     circumstances that imminently threaten the safety of human 
     life or the protection of property.
       (e) The notification thresholds and procedures set forth in 
     subsections (a), (b), (c), and (d) shall apply to any use of 
     deobligated balances of funds provided in previous Department 
     of Homeland Security Appropriations Acts that remain 
     available for obligation in the current year.
       (f) Notwithstanding subsection (c), the Secretary of 
     Homeland Security may transfer to the fund established by 8 
     U.S.C. 1101 note, up to $20,000,000 from appropriations 
     available to the Department of Homeland Security:  Provided, 
     That the Secretary shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     at least 5 days in advance of such transfer.
       Sec. 504.  Section 504 of the Department of Homeland 
     Security Appropriations Act, 2017 (division F of Public Law 
     115-31), related to the operations of a working capital fund, 
     shall apply with respect to funds made available in this Act 
     in the same manner as such section applied to funds made 
     available in that Act:  Provided, That funds from such 
     working capital fund may be obligated and expended in 
     anticipation of reimbursements from components of the 
     Department of Homeland Security.
       Sec. 505.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2021, as 
     recorded in the financial records at the time of a 
     reprogramming notification, but not later than June 30, 2022, 
     from appropriations for ``Operations and Support'' for fiscal 
     year 2021 in this Act shall remain available through 
     September 30, 2022, in the account and for the purposes for 
     which the appropriations were provided:  Provided, That prior 
     to the obligation of such funds, a notification shall be 
     submitted to the Committees on Appropriations of the Senate 
     and the House of Representatives in accordance with section 
     503 of this Act.
       Sec. 506.  Funds made available by this Act for 
     intelligence activities are deemed to be specifically 
     authorized by the Congress for purposes of section 504 of the 
     National Security Act of 1947 (50 U.S.C. 414) during fiscal 
     year 2021 until the enactment of an Act authorizing 
     intelligence activities for fiscal year 2021.
       Sec. 507. (a) The Secretary of Homeland Security, or the 
     designee of the Secretary, shall notify the Committees on 
     Appropriations of the Senate and the House of Representatives 
     at least 3 full business days in advance of--
       (1) making or awarding a grant allocation or grant in 
     excess of $1,000,000;
       (2) making or awarding a contract, other transaction 
     agreement, or task or delivery order on a Department of 
     Homeland Security multiple award contract, or to issue a 
     letter of intent totaling in excess of $4,000,000;
       (3) awarding a task or delivery order requiring an 
     obligation of funds in an amount greater than $10,000,000 
     from multi-year Department of Homeland Security funds;
       (4) making a sole-source grant award; or
       (5) announcing publicly the intention to make or award 
     items under paragraph (1), (2), (3), or (4), including a 
     contract covered by the Federal Acquisition Regulation.
       (b) If the Secretary of Homeland Security determines that 
     compliance with this section would pose a substantial risk to 
     human life, health, or safety, an award may be made without 
     notification, and the Secretary shall notify the Committees 
     on Appropriations of the Senate and the House of 
     Representatives not later than 5 full business days after 
     such an award is made or letter issued.
       (c) A notification under this section--
       (1) may not involve funds that are not available for 
     obligation; and
       (2) shall include the amount of the award; the fiscal year 
     for which the funds for the award were appropriated; the type 
     of contract; and the account from which the funds are being 
     drawn.
       Sec. 508.  Notwithstanding any other provision of law, no 
     agency shall purchase, construct, or lease any additional 
     facilities, except within or contiguous to existing 
     locations, to be used for the purpose of conducting Federal 
     law enforcement training without advance notification to the 
     Committees on Appropriations of the Senate and the House of 
     Representatives, except that the Federal Law Enforcement 
     Training Centers is authorized to obtain the temporary use of 
     additional facilities by lease, contract, or other agreement 
     for training that cannot be accommodated in existing Centers' 
     facilities.
       Sec. 509.  None of the funds appropriated or otherwise made 
     available by this Act may be used for expenses for any 
     construction, repair, alteration, or acquisition project for 
     which a prospectus otherwise required under chapter 33 of 
     title 40, United States Code, has not been approved, except 
     that necessary funds may be expended for each project for 
     required expenses for the development of a proposed 
     prospectus.
       Sec. 510.  Sections 520, 522, and 530 of the Department of 
     Homeland Security Appropriations Act, 2008 (division E of 
     Public Law 110-161; 121 Stat. 2073 and 2074) shall apply with 
     respect to funds made available in this Act in the same 
     manner as such sections applied to funds made available in 
     that Act.
       Sec. 511.  None of the funds made available in this Act may 
     be used in contravention of the applicable provisions of the 
     Buy American Act:  Provided, That for purposes of the 
     preceding sentence, the term ``Buy American Act'' means 
     chapter 83 of title 41, United States Code.
       Sec. 512.  None of the funds made available in this Act may 
     be used to amend the oath of allegiance required by section 
     337 of the Immigration and Nationality Act (8 U.S.C. 1448).
       Sec. 513.  None of the funds provided or otherwise made 
     available in this Act shall be available to carry out section 
     872 of the Homeland Security Act of 2002 (6 U.S.C. 452) 
     unless explicitly authorized by the Congress.
       Sec. 514.  None of the funds made available in this Act may 
     be used for planning, testing, piloting, or developing a 
     national identification card.
       Sec. 515.  Any official that is required by this Act to 
     report or to certify to the Committees on Appropriations of 
     the Senate and the House of Representatives may not delegate 
     such authority to perform that act unless specifically 
     authorized herein.
       Sec. 516.  None of the funds appropriated or otherwise made 
     available in this or any other Act may be used to transfer, 
     release, or assist in the transfer or release to or within 
     the United States, its territories, or possessions Khalid 
     Sheikh Mohammed or any other detainee who--
       (1) is not a United States citizen or a member of the Armed 
     Forces of the United States; and
       (2) is or was held on or after June 24, 2009, at the United 
     States Naval Station, Guantanamo Bay, Cuba, by the Department 
     of Defense.
       Sec. 517.  None of the funds made available in this Act may 
     be used for first-class travel by the employees of agencies 
     funded by this Act in contravention of sections 301-10.122 
     through 301-10.124 of title 41, Code of Federal Regulations.
       Sec. 518.  None of the funds made available in this Act may 
     be used to employ workers described in section 274A(h)(3) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
       Sec. 519.  Notwithstanding any other provision of this Act, 
     none of the funds appropriated or otherwise made available by 
     this Act may be used to pay award or incentive fees for 
     contractor performance that has been judged to be below 
     satisfactory performance or performance that does not meet 
     the basic requirements of a contract.
       Sec. 520.  None of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of 
     Homeland Security to enter into any Federal contract unless 
     such contract is entered into in accordance with the 
     requirements of subtitle I of title 41, United States Code, 
     or chapter 137 of title 10, United States Code, and the 
     Federal Acquisition Regulation, unless such contract is 
     otherwise authorized by statute to be entered into without 
     regard to the above referenced statutes.
       Sec. 521. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 522.  None of the funds made available in this Act may 
     be used by a Federal law enforcement officer to facilitate 
     the transfer of an operable firearm to an individual if the 
     Federal law enforcement officer knows or suspects that the 
     individual is an agent of a drug cartel unless law 
     enforcement personnel of the United States continuously 
     monitor or control the firearm at all times.
       Sec. 523.  None of the funds made available in this Act may 
     be used to pay for the travel to or attendance of more than 
     50 employees of a single component of the Department of 
     Homeland Security, who are stationed in the United States, at 
     a single international conference unless the Secretary of 
     Homeland Security, or a designee, determines that such 
     attendance is in the national interest and notifies the 
     Committees on Appropriations of the Senate and the House of 
     Representatives within at least 10 days of that determination 
     and the basis for that determination:  Provided, That for 
     purposes of this section the term ``international 
     conference'' shall mean a conference occurring outside of the 
     United States attended by representatives of the United 
     States Government and of foreign governments, international 
     organizations, or nongovernmental organizations:  Provided 
     further, That the total cost to the Department of Homeland 
     Security of any such conference shall not exceed $500,000.
       Sec. 524.  None of the funds made available in this Act may 
     be used to reimburse any Federal department or agency for its 
     participation in a National Special Security Event.
       Sec. 525.  None of the funds made available to the 
     Department of Homeland Security by this or any other Act may 
     be obligated for any structural pay reform that affects more 
     than 100 full-time positions or costs more than $5,000,000 in 
     a single year before the end of the 30-day period beginning 
     on the date on which the Secretary of Homeland Security 
     submits to Congress a notification that includes--
       (1) the number of full-time positions affected by such 
     change;
       (2) funding required for such change for the current year 
     and through the Future Years Homeland Security Program;
       (3) justification for such change; and
       (4) an analysis of compensation alternatives to such change 
     that were considered by the Department.
       Sec. 526. (a) Any agency receiving funds made available in 
     this Act shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Committees on Appropriations of the Senate 
     and the House of Representatives in this Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises homeland 
     or national security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been

[[Page H7402]]

     made available to the Committees on Appropriations of the 
     Senate and the House of Representatives for not less than 45 
     days except as otherwise specified in law.
       Sec. 527. (a) Funding provided in this Act for ``Operations 
     and Support'' may be used for minor procurement, 
     construction, and improvements.
       (b) For purposes of subsection (a), ``minor'' refers to end 
     items with a unit cost of $250,000 or less for personal 
     property, and $2,000,000 or less for real property.
       Sec. 528.  None of the funds made available by this Act may 
     be obligated or expended to implement the Arms Trade Treaty 
     until the Senate approves a resolution of ratification for 
     the Treaty.
       Sec. 529.  The authority provided by section 532 of the 
     Department of Homeland Security Appropriations Act, 2018 
     (Public Law 115-141) regarding primary and secondary 
     schooling of dependents shall continue in effect during 
     fiscal year 2021.
       Sec. 530. (a) For an additional amount for ``Federal 
     Emergency Management Agency--Federal Assistance'', 
     $12,700,000, to remain available until September 30, 2022, 
     exclusively for providing reimbursement of extraordinary law 
     enforcement or other emergency personnel costs for protection 
     activities directly and demonstrably associated with any 
     residence of the President that is designated or identified 
     to be secured by the United States Secret Service.
       (b) Subsections (b) through (f) of section 534 of the 
     Department of Homeland Security Appropriations Act, 2018 
     (Public Law 115-141), shall be applied with respect to 
     amounts made available by subsection (a) of this section by 
     substituting ``October 1, 2021'' for ``October 1, 2018'' and 
     ``October 1, 2020'' for ``October 1, 2017''.
       Sec. 531. (a) Section 831 of the Homeland Security Act of 
     2002 (6 U.S.C. 391) shall be applied--
       (1) In subsection (a), by substituting ``September 30, 
     2021,'' for ``September 30, 2017,''; and
       (2) In subsection (c)(1), by substituting ``September 30, 
     2021,'' for ``September 30, 2017''.
       (b) The Secretary of Homeland Security, under the authority 
     of section 831 of the Homeland Security Act of 2002 (6 U.S.C. 
     391(a)), may carry out prototype projects under section 2371b 
     of title 10, United States Code, and the Secretary shall 
     perform the functions of the Secretary of Defense as 
     prescribed.
       (c) The Secretary of Homeland Security under section 831 of 
     the Homeland Security Act of 2002 (6 U.S.C. 391(d)) may use 
     the definition of nontraditional government contractor as 
     defined in section 2371b(e) of title 10, United States Code.
       Sec. 532. (a) None of the funds appropriated or otherwise 
     made available to the Department of Homeland Security by this 
     Act may be used to prevent any of the following persons from 
     entering, for the purpose of conducting oversight, any 
     facility operated by or for the Department of Homeland 
     Security used to detain or otherwise house aliens, or to make 
     any temporary modification at any such facility that in any 
     way alters what is observed by a visiting member of Congress 
     or such designated employee, compared to what would be 
     observed in the absence of such modification:
       (1) A Member of Congress.
       (2) An employee of the United States House of 
     Representatives or the United States Senate designated by 
     such a Member for the purposes of this section.
       (b) Nothing in this section may be construed to require a 
     Member of Congress to provide prior notice of the intent to 
     enter a facility described in subsection (a) for the purpose 
     of conducting oversight.
       (c) With respect to individuals described in subsection 
     (a)(2), the Department of Homeland Security may require that 
     a request be made at least 24 hours in advance of an intent 
     to enter a facility described in subsection (a).
       Sec. 533. (a) Except as provided in subsection (b), none of 
     the funds made available in this Act may be used to place 
     restraints on a woman in the custody of the Department of 
     Homeland Security (including during transport, in a detention 
     facility, or at an outside medical facility) who is pregnant 
     or in post-delivery recuperation.
       (b) Subsection (a) shall not apply with respect to a 
     pregnant woman if--
       (1) an appropriate official of the Department of Homeland 
     Security makes an individualized determination that the 
     woman--
       (A) is a serious flight risk, and such risk cannot be 
     prevented by other means; or
       (B) poses an immediate and serious threat to harm herself 
     or others that cannot be prevented by other means; or
       (2) a medical professional responsible for the care of the 
     pregnant woman determines that the use of therapeutic 
     restraints is appropriate for the medical safety of the 
     woman.
       (c) If a pregnant woman is restrained pursuant to 
     subsection (b), only the safest and least restrictive 
     restraints, as determined by the appropriate medical 
     professional treating the woman, may be used. In no case may 
     restraints be used on a woman who is in active labor or 
     delivery, and in no case may a pregnant woman be restrained 
     in a face-down position with four-point restraints, on her 
     back, or in a restraint belt that constricts the area of the 
     pregnancy. A pregnant woman who is immobilized by restraints 
     shall be positioned, to the maximum extent feasible, on her 
     left side.
       Sec. 534. (a) None of the funds made available by this Act 
     may be used to destroy any document, recording, or other 
     record pertaining to any--
       (1) death of,
       (2) potential sexual assault or abuse perpetrated against, 
     or
       (3) allegation of abuse, criminal activity, or disruption 
     committed by
     an individual held in the custody of the Department of 
     Homeland Security.
       (b) The records referred to in subsection (a) shall be made 
     available, in accordance with applicable laws and 
     regulations, and Federal rules governing disclosure in 
     litigation, to an individual who has been charged with a 
     crime, been placed into segregation, or otherwise punished as 
     a result of an allegation described in paragraph (3), upon 
     the request of such individual.
       Sec. 535.  Section 519 of division F of Public Law 114-113, 
     regarding a prohibition on funding for any position 
     designated as a Principal Federal Official, shall apply with 
     respect to any Federal funds in the same manner as such 
     section applied to funds made available in that Act.
       Sec. 536.  Within 60 days of any budget submission for the 
     Department of Homeland Security for fiscal year 2022 that 
     assumes revenues or proposes a reduction from the previous 
     year based on user fees proposals that have not been enacted 
     into law prior to the submission of the budget, the Secretary 
     of Homeland Security shall provide the Committees on 
     Appropriations of the Senate and the House of Representatives 
     specific reductions in proposed discretionary budget 
     authority commensurate with the revenues assumed in such 
     proposals in the event that they are not enacted prior to 
     October 1, 2021.
       Sec. 537. (a) Not later than 10 days after the date on 
     which the budget of the President for a fiscal year is 
     submitted to Congress pursuant to section 1105(a) of title 
     31, United States Code, the Secretary of Homeland Security 
     shall submit to the Committees on Appropriations of the 
     Senate and the House of Representatives a report on the 
     unfunded priorities, for the Department of Homeland Security 
     and separately for each departmental component, for which 
     discretionary funding would be classified as budget function 
     050.
       (b) Each report under this section shall specify, for each 
     such unfunded priority--
       (1) a summary description, including the objectives to be 
     achieved if such priority is funded (whether in whole or in 
     part);
       (2) the description, including the objectives to be 
     achieved if such priority is funded (whether in whole or in 
     part);
       (3) account information, including the following (as 
     applicable):
       (A) appropriation account; and
       (B) program, project, or activity name; and
       (4) the additional number of full-time or part-time 
     positions to be funded as part of such priority.
       (c) In this section, the term ``unfunded priority'', in the 
     case of a fiscal year, means a requirement that--
       (1) is not funded in the budget referred to in subsection 
     (a);
       (2) is necessary to fulfill a requirement associated with 
     an operational or contingency plan for the Department; and
       (3) would have been recommended for funding through the 
     budget referred to in subsection (a) if--
       (A) additional resources had been available for the budget 
     to fund the requirement;
       (B) the requirement has emerged since the budget was 
     formulated; or
       (C) the requirement is necessary to sustain prior-year 
     investments.

                          (transfer of funds)

       Sec. 538.  Not later than 30 days after the date of 
     enactment of this Act, $20,000,000 in unobligated balances 
     from amounts made available in section 212(b) of division D 
     of the Consolidated Appropriations Act, 2020 (Public Law 116-
     93) shall be transferred to ``Countering Weapons of Mass 
     Destruction Office--Procurement, Construction, and 
     Improvements'' for the development of a department-wide 
     electronic health records system, and shall remain available 
     until September 30, 2022, in addition to any amounts 
     otherwise available for such purposes:  Provided, That the 
     amounts transferred pursuant to this section that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to that section of that Act.

                         (rescissions of funds)

       Sec. 539.  Of the funds appropriated to the Department of 
     Homeland Security, the following funds are hereby rescinded 
     from the following accounts and programs in the specified 
     amounts:  Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to a concurrent resolution on the budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985 (Public Law 99-177):
       (1) $27,036,000 from Public Law 115-141 under the heading 
     ``U.S. Customs and Border Protection--Procurement, 
     Construction, and Improvements''.
       (2) $15,000,000 from the unobligated balances available in 
     the ``U.S. Customs and Border Protection--Border Security, 
     Fencing, Infrastructure, and Technology'' account (70  0533).
       (3) $6,000,000 from the unobligated balances available in 
     the ``U.S. Customs and Border Protection--Construction and 
     Facility Improvements'' account (70  0532).
       (4) $3,098,000 from the unobligated balances available in 
     the ``U.S. Immigration and Customs Enforcement--
     Construction'' account (70  0545).
       (5) $658,000 from the unobligated balances available in the 
     ``U.S. Immigration and Customs Enforcement--Automation 
     Modernization'' account (70  0543).
       (6) $1,718,108 from the unobligated balances available in 
     the ``Coast Guard--Alteration of Bridges'' account (070  
     0614).
       (7) $8,200,000 from Public Law 116-6 under the heading 
     ``U.S. Citizenship and Immigration Services--Procurement, 
     Construction, and Improvements''.

[[Page H7403]]

       Sec. 540.  The following unobligated balances made 
     available to the Department of Homeland Security pursuant to 
     section 505 of the Department of Homeland Security 
     Appropriations Act, 2020 (Public Law 116-93) are rescinded:
       (1) $929,550 from ``Office of the Secretary and Executive 
     Management--Operations and Support''.
       (2) $1,426,980 from ``Management Directorate--Operations 
     and Support''.
       (3) $298,190 from ``Intelligence, Analysis, and Operations 
     Coordination--Operations and Support''.
       (4) $430,910 from ``U.S. Customs and Border Protection--
     Operations and Support''.
       (5) $1,810,393 from ``United States Secret Service--
     Operations and Support''.
       (6) $1,574,940 from ``Cybersecurity and Infrastructure 
     Security Agency--Operations and Support''.
       (7) $690,090 from ``Federal Emergency Management Agency--
     Operations and Support''.
       (8) $8,984,690 from ``U.S. Citizenship and Immigration 
     Services--Operations and Support''.
       (9) $242,490 from ``Federal Law Enforcement Training 
     Centers--Operations and Support''.
       (10) $136,570 from ``Science and Technology Directorate--
     Operations and Support''.
       (11) $1,103,590 from ``Countering Weapons of Mass 
     Destruction Office--Operations and Support''.
       Sec. 541.  For necessary expenses related to providing 
     customs and immigration inspection and pre-inspection 
     services at, or in support of ports of entry, pursuant to 
     section 1356 of title 8, United States Code, and section 
     58c(f) of title 19, United States Code, and in addition to 
     any other funds made available for this purpose, there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, $840,000,000, to remain available until 
     September 30, 2021, to offset the loss resulting from the 
     coronavirus pandemic of Immigration User Fee receipts 
     collected pursuant to section 286(h) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(h)), and fees for certain 
     customs services collected pursuant to paragraphs 1 through 8 
     and paragraph 10 of subsection (a) of section 13031 of the 
     Consolidated Omnibus Budget Reconciliation Act of 1985 (19 
     U.S.C. 58c(a)(1)-(8) and (a)(10)):  Provided, That 
     notwithstanding any other provision of law, funds made 
     available by this section shall only be used by U.S. Customs 
     and Border Protection, Office of Field Operations:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 542.  Not later than 10 days after a determination is 
     made by the President to evaluate and initiate protection 
     under any authority for a former or retired Government 
     official or employee, or for an individual who, during the 
     duration of the directed protection, will become a former or 
     retired Government official or employee (referred to in this 
     section as a ``covered individual''), the Secretary of 
     Homeland Security shall submit a notification to 
     congressional leadership and the Committees on Appropriations 
     of the Senate and the House of Representatives, the 
     Committees on the Judiciary of the Senate and the House of 
     Representatives, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, the Committee on Homeland 
     Security of the House of Representatives, and the Committee 
     on Oversight and Reform of the House of Representatives 
     (referred to in this section as the ``appropriate 
     congressional committees''):  Provided, That the notification 
     may be submitted in classified form, if necessary, and in 
     consultation with the Director of National Intelligence or 
     the Director of the Federal Bureau of Investigation, as 
     appropriate, and shall include the threat assessment, scope 
     of the protection, and the anticipated cost and duration of 
     such protection:  Provided further, That not later than 15 
     days before extending, or 30 days before terminating, 
     protection for a covered individual, the Secretary of 
     Homeland Security shall submit a notification regarding the 
     extension or termination and any change to the threat 
     assessment to the congressional leadership and the 
     appropriate congressional committees:  Provided further, That 
     not later than 45 days after the date of enactment of this 
     Act, and quarterly thereafter, the Secretary shall submit a 
     report to the congressional leadership and the appropriate 
     congressional committees, which may be submitted in 
     classified form, if necessary, detailing each covered 
     individual, and the scope and associated cost of protection.
        This division may be cited as the ``Department of Homeland 
     Security Appropriations Act, 2021''.

   DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2021

                                TITLE I

                       DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management

                   management of lands and resources

                    (including rescission of funds)

       For necessary expenses for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to section 1010(a) of Public Law 96-487 (16 U.S.C. 
     3150(a)), $1,220,555,000, to remain available until September 
     30, 2022; of which $77,669,000 for annual and deferred 
     maintenance and $115,745,000 for the wild horse and burro 
     program, as authorized by Public Law 92-195 (16 U.S.C. 1331 
     et seq.), shall remain available until expended:  Provided, 
     That amounts in the fee account of the BLM Permit Processing 
     Improvement Fund may be used for any bureau-related expenses 
     associated with the processing of oil and gas applications 
     for permits to drill and related use of authorizations.
       In addition, $39,696,000 is for Mining Law Administration 
     program operations, including the cost of administering the 
     mining claim fee program, to remain available until expended, 
     to be reduced by amounts collected by the Bureau and credited 
     to this appropriation from mining claim maintenance fees and 
     location fees that are hereby authorized for fiscal year 
     2021, so as to result in a final appropriation estimated at 
     not more than $1,220,555,000, and $2,000,000, to remain 
     available until expended, from communication site rental fees 
     established by the Bureau for the cost of administering 
     communication site activities.
       Of the unobligated balances from amounts made available 
     under this heading in fiscal year 2018 or before, $13,000,000 
     is permanently rescinded:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                            land acquisition

                         (rescission of funds)

       Of the unobligated balances from amounts made available for 
     Land Acquisition and derived from the Land and Water 
     Conservation Fund, $5,400,000 is hereby permanently rescinded 
     from projects with cost savings or failed or partially failed 
     projects:  Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Control 
     Act of 1985.

                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein, 
     including existing connecting roads on or adjacent to such 
     grant lands; $114,783,000, to remain available until 
     expended:  Provided, That 25 percent of the aggregate of all 
     receipts during the current fiscal year from the revested 
     Oregon and California Railroad grant lands is hereby made a 
     charge against the Oregon and California land-grant fund and 
     shall be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (43 U.S.C. 2605).

                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to section 401 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1751), notwithstanding any 
     other Act, sums equal to 50 percent of all moneys received 
     during the prior fiscal year under sections 3 and 15 of the 
     Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount 
     designated for range improvements from grazing fees and 
     mineral leasing receipts from Bankhead-Jones lands 
     transferred to the Department of the Interior pursuant to 
     law, but not less than $10,000,000, to remain available until 
     expended:  Provided, That not to exceed $600,000 shall be 
     available for administrative expenses.

               service charges, deposits, and forfeitures

                    (including rescission of funds)

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use authorizations, and for 
     rehabilitation of damaged property, such amounts as may be 
     collected under Public Law 94-579 (43 U.S.C. 1701 et seq.), 
     and under section 28 of the Mineral Leasing Act (30 U.S.C. 
     185), to remain available until expended:  Provided, That 
     notwithstanding any provision to the contrary of section 
     305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), any moneys 
     that have been or will be received pursuant to that section, 
     whether as a result of forfeiture, compromise, or settlement, 
     if not appropriate for refund pursuant to section 305(c) of 
     that Act (43 U.S.C. 1735(c)), shall be available and may be 
     expended under the authority of this Act by the Secretary of 
     the Interior to improve, protect, or rehabilitate any public 
     lands administered through the Bureau of Land Management 
     which have been damaged by the action of a resource 
     developer, purchaser, permittee, or any unauthorized person, 
     without regard to whether all moneys collected from each such 
     action are used on the exact lands damaged which led to the 
     action:  Provided further, That any such moneys that are in 
     excess of amounts needed to repair damage to the exact land 
     for which funds were collected may be used to repair other 
     damaged public lands.
       Of the unobligated balances from amounts collected in 
     fiscal year 2015 or any prior fiscal year, $20,000,000 is 
     permanently rescinded:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

[[Page H7404]]

  


                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing laws, there is hereby appropriated such amounts as 
     may be contributed under section 307 of Public Law 94-579 (43 
     U.S.C. 1737), and such amounts as may be advanced for 
     administrative costs, surveys, appraisals, and costs of 
     making conveyances of omitted lands under section 211(b) of 
     that Act (43 U.S.C. 1721(b)), to remain available until 
     expended.

                       administrative provisions

       The Bureau of Land Management may carry out the operations 
     funded under this Act by direct expenditure, contracts, 
     grants, cooperative agreements, and reimbursable agreements 
     with public and private entities, including with States. 
     Appropriations for the Bureau shall be available for 
     purchase, erection, and dismantlement of temporary 
     structures, and alteration and maintenance of necessary 
     buildings and appurtenant facilities to which the United 
     States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on the Secretary's certificate, not to 
     exceed $10,000:  Provided, That notwithstanding Public Law 
     90-620 (44 U.S.C. 501), the Bureau may, under cooperative 
     cost-sharing and partnership arrangements authorized by law, 
     procure printing services from cooperators in connection with 
     jointly produced publications for which the cooperators share 
     the cost of printing either in cash or in services, and the 
     Bureau determines the cooperator is capable of meeting 
     accepted quality standards:  Provided further, That projects 
     to be funded pursuant to a written commitment by a State 
     government to provide an identified amount of money in 
     support of the project may be carried out by the Bureau on a 
     reimbursable basis.

                United States Fish and Wildlife Service

                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, as authorized by law, and for scientific 
     and economic studies, general administration, and for the 
     performance of other authorized functions related to such 
     resources, $1,379,828,000, to remain available until 
     September 30, 2022:  Provided, That not to exceed $20,767,000 
     shall be used for implementing subsections (a), (b), (c), and 
     (e) of section 4 of the Endangered Species Act of 1973 (16 
     U.S.C. 1533) (except for processing petitions, developing and 
     issuing proposed and final regulations, and taking any other 
     steps to implement actions described in subsection (c)(2)(A), 
     (c)(2)(B)(i), or (c)(2)(B)(ii)).

                              construction

       For construction, improvement, acquisition, or removal of 
     buildings and other facilities required in the conservation, 
     management, investigation, protection, and utilization of 
     fish and wildlife resources, and the acquisition of lands and 
     interests therein; $18,193,000, to remain available until 
     expended.

            cooperative endangered species conservation fund

                    (including rescission of funds)

       For expenses necessary to carry out section 6 of the 
     Endangered Species Act of 1973 (16 U.S.C. 1535), $43,340,000, 
     to remain available until expended, of which $23,702,000 is 
     to be derived from the Cooperative Endangered Species 
     Conservation Fund; and of which $19,638,000 is to be derived 
     from the Land and Water Conservation Fund.
       Of the unobligated balances made available under this 
     heading, $12,500,000 is permanently rescinded from projects 
     or from other grant programs with an unobligated carry over 
     balance:  Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Control 
     Act of 1985.

                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $13,228,000.

               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act (16 U.S.C. 4401 et 
     seq.), $46,500,000, to remain available until expended.

                neotropical migratory bird conservation

       For expenses necessary to carry out the Neotropical 
     Migratory Bird Conservation Act (16 U.S.C. 6101 et seq.), 
     $4,910,000, to remain available until expended.

                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant 
     Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the 
     Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5301 
     et seq.), the Great Ape Conservation Act of 2000 (16 U.S.C. 
     6301 et seq.), and the Marine Turtle Conservation Act of 2004 
     (16 U.S.C. 6601 et seq.), $18,000,000, to remain available 
     until expended.

                    state and tribal wildlife grants

       For wildlife conservation grants to States and to the 
     District of Columbia, Puerto Rico, Guam, the United States 
     Virgin Islands, the Northern Mariana Islands, American Samoa, 
     and Indian tribes under the provisions of the Fish and 
     Wildlife Act of 1956 and the Fish and Wildlife Coordination 
     Act, for the development and implementation of programs for 
     the benefit of wildlife and their habitat, including species 
     that are not hunted or fished, $72,362,000, to remain 
     available until expended:  Provided, That of the amount 
     provided herein, $6,000,000 is for a competitive grant 
     program for Indian tribes not subject to the remaining 
     provisions of this appropriation:  Provided further, That 
     $7,362,000 is for a competitive grant program to implement 
     approved plans for States, territories, and other 
     jurisdictions and at the discretion of affected States, the 
     regional Associations of fish and wildlife agencies, not 
     subject to the remaining provisions of this appropriation:  
     Provided further, That the Secretary shall, after deducting 
     $13,362,000 and administrative expenses, apportion the amount 
     provided herein in the following manner: (1) to the District 
     of Columbia and to the Commonwealth of Puerto Rico, each a 
     sum equal to not more than one-half of 1 percent thereof; and 
     (2) to Guam, American Samoa, the United States Virgin 
     Islands, and the Commonwealth of the Northern Mariana 
     Islands, each a sum equal to not more than one-fourth of 1 
     percent thereof:  Provided further, That the Secretary of the 
     Interior shall apportion the remaining amount in the 
     following manner: (1) one-third of which is based on the 
     ratio to which the land area of such State bears to the total 
     land area of all such States; and (2) two-thirds of which is 
     based on the ratio to which the population of such State 
     bears to the total population of all such States:  Provided 
     further, That the amounts apportioned under this paragraph 
     shall be adjusted equitably so that no State shall be 
     apportioned a sum which is less than 1 percent of the amount 
     available for apportionment under this paragraph for any 
     fiscal year or more than 5 percent of such amount:  Provided 
     further, That the Federal share of planning grants shall not 
     exceed 75 percent of the total costs of such projects and the 
     Federal share of implementation grants shall not exceed 65 
     percent of the total costs of such projects:  Provided 
     further, That the non-Federal share of such projects may not 
     be derived from Federal grant programs:  Provided further, 
     That any amount apportioned in 2021 to any State, territory, 
     or other jurisdiction that remains unobligated as of 
     September 30, 2022, shall be reapportioned, together with 
     funds appropriated in 2023, in the manner provided herein.

                       administrative provisions

       The United States Fish and Wildlife Service may carry out 
     the operations of Service programs by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities. Appropriations 
     and funds available to the United States Fish and Wildlife 
     Service shall be available for repair of damage to public 
     roads within and adjacent to reservation areas caused by 
     operations of the Service; options for the purchase of land 
     at not to exceed one dollar for each option; facilities 
     incident to such public recreational uses on conservation 
     areas as are consistent with their primary purpose; and the 
     maintenance and improvement of aquaria, buildings, and other 
     facilities under the jurisdiction of the Service and to which 
     the United States has title, and which are used pursuant to 
     law in connection with management, and investigation of fish 
     and wildlife resources:  Provided, That notwithstanding 44 
     U.S.C. 501, the Service may, under cooperative cost sharing 
     and partnership arrangements authorized by law, procure 
     printing services from cooperators in connection with jointly 
     produced publications for which the cooperators share at 
     least one-half the cost of printing either in cash or 
     services and the Service determines the cooperator is capable 
     of meeting accepted quality standards:  Provided further, 
     That the Service may accept donated aircraft as replacements 
     for existing aircraft:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, all fees collected for non-
     toxic shot review and approval shall be deposited under the 
     heading ``United States Fish and Wildlife Service--Resource 
     Management'' and shall be available to the Secretary, without 
     further appropriation, to be used for expenses of processing 
     of such non-toxic shot type or coating applications and 
     revising regulations as necessary, and shall remain available 
     until expended:  Provided further, That obligated balances of 
     funding originally made available under section 7060(c)(2)(B) 
     of division K of the Consolidated Appropriations Act, 2018 
     (Public Law 115-141) and transferred to the Fish and Wildlife 
     Service to combat the transnational threat of wildlife 
     poaching and trafficking in the Central Africa Regional 
     Program for the Environment shall be distributed to 
     recipients that were awarded grants not later than 60 days 
     after the date of enactment of this Act.

                         National Park Service

                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service and for the general administration of 
     the National Park Service, $2,688,287,000, of which 
     $10,282,000 for planning and interagency coordination in 
     support of Everglades restoration and $135,980,000 for 
     maintenance, repair, or rehabilitation projects for 
     constructed assets and $188,184,000 for cyclic maintenance 
     projects for constructed assets and cultural resources and 
     $5,000,000 for uses authorized by section 101122 of title 54, 
     United States Code shall remain available until September 30, 
     2022:  Provided, That funds appropriated under this heading 
     in this Act are available for the purposes of section 5 of 
     Public Law 95-348:  Provided further, That notwithstanding 
     section 9(a) of the United States Semiquincentennial 
     Commission Act of 2016 (Public Law 114-196; 130 Stat. 691), 
     $8,000,000 of the funds made available under this heading 
     shall be provided to the United States Semiquincentennial 
     Commission for the purposes specified by that Act:  Provided 
     further, That notwithstanding section 9 of the 400 Years of 
     African-American History Commission Act (36 U.S.C. note prec. 
     101; Public Law 115-102), $3,300,000 of the funds provided 
     under this

[[Page H7405]]

     heading shall be made available for the purposes specified by 
     that Act:  Provided further, That sections (7)(b) and (8) of 
     that Act shall be amended by striking ``July 1, 2021'' and 
     inserting ``July 1, 2022''.
       In addition, for purposes described in section 2404 of 
     Public Law 116-9, an amount equal to the amount deposited in 
     this fiscal year into the National Park Medical Services Fund 
     established pursuant to such section of such Act, to remain 
     available until expended, shall be derived from such Fund.

                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, and grant administration, not otherwise 
     provided for, $74,157,000, to remain available until 
     September 30, 2022.

                       historic preservation fund

       For expenses necessary in carrying out the National 
     Historic Preservation Act (division A of subtitle III of 
     title 54, United States Code), $144,300,000, to be derived 
     from the Historic Preservation Fund and to remain available 
     until September 30, 2022, of which $25,000,000 shall be for 
     Save America's Treasures grants for preservation of 
     nationally significant sites, structures and artifacts as 
     authorized by section 7303 of the Omnibus Public Land 
     Management Act of 2009 (54 U.S.C. 3089):  Provided, That an 
     individual Save America's Treasures grant shall be matched by 
     non-Federal funds:  Provided further, That individual 
     projects shall only be eligible for one grant:  Provided 
     further, That all projects to be funded shall be approved by 
     the Secretary of the Interior in consultation with the House 
     and Senate Committees on Appropriations:  Provided further, 
     That of the funds provided for the Historic Preservation 
     Fund, $1,000,000 is for competitive grants for the survey and 
     nomination of properties to the National Register of Historic 
     Places and as National Historic Landmarks associated with 
     communities currently under-represented, as determined by the 
     Secretary, $21,125,000 is for competitive grants to preserve 
     the sites and stories of the Civil Rights movement; 
     $10,000,000 is for grants to Historically Black Colleges and 
     Universities; $7,500,000 is for competitive grants for the 
     restoration of historic properties of national, State, and 
     local significance listed on or eligible for inclusion on the 
     National Register of Historic Places, to be made without 
     imposing the usage or direct grant restrictions of section 
     101(e)(3) (54 U.S.C. 302904) of the National Historical 
     Preservation Act; and $10,000,000 is for a competitive grant 
     program to honor the semiquincentennial anniversary of the 
     United States by restoring and preserving state-owned sites 
     and structures listed on the National Register of Historic 
     Places that commemorate the founding of the nation:  Provided 
     further, That such competitive grants shall be made without 
     imposing the matching requirements in section 302902(b)(3) of 
     title 54, United States Code to States and Indian tribes as 
     defined in chapter 3003 of such title, Native Hawaiian 
     organizations, local governments, including Certified Local 
     Governments, and non-profit organizations.

                              construction

       For construction, improvements, repair, or replacement of 
     physical facilities, and compliance and planning for programs 
     and areas administered by the National Park Service, 
     $223,907,000, to remain available until expended:  Provided, 
     That notwithstanding any other provision of law, for any 
     project initially funded in fiscal year 2021 with a future 
     phase indicated in the National Park Service 5-Year Line Item 
     Construction Plan, a single procurement may be issued which 
     includes the full scope of the project:  Provided further, 
     That the solicitation and contract shall contain the clause 
     availability of funds found at 48 CFR 52.232-18:  Provided 
     further, That National Park Service Donations, Park 
     Concessions Franchise Fees, and Recreation Fees may be made 
     available for the cost of adjustments and changes within the 
     original scope of effort for projects funded by the National 
     Park Service Construction appropriation:  Provided further, 
     That the Secretary of the Interior shall consult with the 
     Committees on Appropriations, in accordance with current 
     reprogramming thresholds, prior to making any charges 
     authorized by this section.

                 land acquisition and state assistance

                         (rescission of funds)

       Of the unobligated balances from amounts made available for 
     the National Park Service and derived from the Land and Water 
     Conservation Fund in fiscal year 2017 or any prior fiscal 
     year, $23,000,000 is hereby permanently rescinded from grant 
     programs with an unobligated carry over balance:  Provided, 
     That no amounts may be rescinded from amounts that were 
     designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                          centennial challenge

       For expenses necessary to carry out the provisions of 
     section 101701 of title 54, United States Code, relating to 
     challenge cost share agreements, $15,000,000, to remain 
     available until expended, for Centennial Challenge projects 
     and programs:  Provided, That not less than 50 percent of the 
     total cost of each project or program shall be derived from 
     non-Federal sources in the form of donated cash, assets, or a 
     pledge of donation guaranteed by an irrevocable letter of 
     credit.

                       administrative provisions

                     (including transfer of funds)

       In addition to other uses set forth in section 101917(c)(2) 
     of title 54, United States Code, franchise fees credited to a 
     sub-account shall be available for expenditure by the 
     Secretary, without further appropriation, for use at any unit 
     within the National Park System to extinguish or reduce 
     liability for Possessory Interest or leasehold surrender 
     interest. Such funds may only be used for this purpose to the 
     extent that the benefitting unit anticipated franchise fee 
     receipts over the term of the contract at that unit exceed 
     the amount of funds used to extinguish or reduce liability. 
     Franchise fees at the benefitting unit shall be credited to 
     the sub-account of the originating unit over a period not to 
     exceed the term of a single contract at the benefitting unit, 
     in the amount of funds so expended to extinguish or reduce 
     liability.
       For the costs of administration of the Land and Water 
     Conservation Fund grants authorized by section 105(a)(2)(B) 
     of the Gulf of Mexico Energy Security Act of 2006 (Public Law 
     109-432), the National Park Service may retain up to 3 
     percent of the amounts which are authorized to be disbursed 
     under such section, such retained amounts to remain available 
     until expended.
       National Park Service funds may be transferred to the 
     Federal Highway Administration (FHWA), Department of 
     Transportation, for purposes authorized under 23 U.S.C. 203. 
     Transfers may include a reasonable amount for FHWA 
     administrative support costs.

                    United States Geological Survey

                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, biology, and the 
     mineral and water resources of the United States, its 
     territories and possessions, and other areas as authorized by 
     43 U.S.C. 31, 1332, and 1340; classify lands as to their 
     mineral and water resources; give engineering supervision to 
     power permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); conduct inquiries into the economic conditions 
     affecting mining and materials processing industries (30 
     U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(a)(1)) and related 
     purposes as authorized by law; and to publish and disseminate 
     data relative to the foregoing activities; $1,315,527,000, to 
     remain available until September 30, 2022; of which 
     $84,337,000 shall remain available until expended for 
     satellite operations; and of which $74,664,000 shall be 
     available until expended for deferred maintenance and capital 
     improvement projects that exceed $100,000 in cost:  Provided, 
     That none of the funds provided for the ecosystem research 
     activity shall be used to conduct new surveys on private 
     property, unless specifically authorized in writing by the 
     property owner:  Provided further, That no part of this 
     appropriation shall be used to pay more than one-half the 
     cost of topographic mapping or water resources data 
     collection and investigations carried on in cooperation with 
     States and municipalities.

                       administrative provisions

       From within the amount appropriated for activities of the 
     United States Geological Survey such sums as are necessary 
     shall be available for contracting for the furnishing of 
     topographic maps and for the making of geophysical or other 
     specialized surveys when it is administratively determined 
     that such procedures are in the public interest; construction 
     and maintenance of necessary buildings and appurtenant 
     facilities; acquisition of lands for gauging stations, 
     observation wells, and seismic equipment; expenses of the 
     United States National Committee for Geological Sciences; and 
     payment of compensation and expenses of persons employed by 
     the Survey duly appointed to represent the United States in 
     the negotiation and administration of interstate compacts:  
     Provided, That activities funded by appropriations herein 
     made may be accomplished through the use of contracts, 
     grants, or cooperative agreements as defined in section 6302 
     of title 31, United States Code:  Provided further, That the 
     United States Geological Survey may enter into contracts or 
     cooperative agreements directly with individuals or 
     indirectly with institutions or nonprofit organizations, 
     without regard to 41 U.S.C. 6101, for the temporary or 
     intermittent services of students or recent graduates, who 
     shall be considered employees for the purpose of chapters 57 
     and 81 of title 5, United States Code, relating to 
     compensation for travel and work injuries, and chapter 171 of 
     title 28, United States Code, relating to tort claims, but 
     shall not be considered to be Federal employees for any other 
     purposes.

                   Bureau of Ocean Energy Management

                        ocean energy management

                    (including rescission of funds)

       For expenses necessary for granting and administering 
     leases, easements, rights-of-way, and agreements for use for 
     oil and gas, other minerals, energy, and marine-related 
     purposes on the Outer Continental Shelf and approving 
     operations related thereto, as authorized by law; for 
     environmental studies, as authorized by law; for implementing 
     other laws and to the extent provided by Presidential or 
     Secretarial delegation; and for matching grants or 
     cooperative agreements, $192,815,000, of which $129,760,000 
     is to remain available until September 30, 2022, and of which 
     $63,055,000 is to remain available until expended:  Provided, 
     That this total appropriation shall be reduced by amounts 
     collected by the Secretary of the Interior and credited to 
     this appropriation from additions to receipts resulting from 
     increases to lease rental rates in effect on August 5, 1993, 
     and from cost recovery fees from activities conducted by the 
     Bureau of Ocean Energy Management pursuant to the Outer 
     Continental Shelf Lands Act, including studies, assessments, 
     analysis, and miscellaneous administrative activities:  
     Provided further, That the sum herein appropriated shall be

[[Page H7406]]

     reduced as such collections are received during the fiscal 
     year, so as to result in a final fiscal year 2021 
     appropriation estimated at not more than $129,760,000:  
     Provided further, That not to exceed $3,000 shall be 
     available for reasonable expenses related to promoting 
     volunteer beach and marine cleanup activities:  Provided 
     further, That of the unobligated balances from amounts made 
     available under this heading, $2,000,000 is permanently 
     rescinded:  Provided further, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

             Bureau of Safety and Environmental Enforcement

             offshore safety and environmental enforcement

                    (including rescission of funds)

       For expenses necessary for the regulation of operations 
     related to leases, easements, rights-of-way, and agreements 
     for use for oil and gas, other minerals, energy, and marine-
     related purposes on the Outer Continental Shelf, as 
     authorized by law; for enforcing and implementing laws and 
     regulations as authorized by law and to the extent provided 
     by Presidential or Secretarial delegation; and for matching 
     grants or cooperative agreements, $150,812,000, of which 
     $120,165,000 is to remain available until September 30, 2022, 
     and of which $30,647,000 is to remain available until 
     expended:  Provided, That this total appropriation shall be 
     reduced by amounts collected by the Secretary of the Interior 
     and credited to this appropriation from additions to receipts 
     resulting from increases to lease rental rates in effect on 
     August 5, 1993, and from cost recovery fees from activities 
     conducted by the Bureau of Safety and Environmental 
     Enforcement pursuant to the Outer Continental Shelf Lands 
     Act, including studies, assessments, analysis, and 
     miscellaneous administrative activities:  Provided further, 
     That the sum herein appropriated shall be reduced as such 
     collections are received during the fiscal year, so as to 
     result in a final fiscal year 2021 appropriation estimated at 
     not more than $120,165,000:  Provided further, That of the 
     unobligated balances from amounts made available under this 
     heading, $10,000,000 is permanently rescinded:  Provided 
     further, That no amounts may be rescinded from amounts that 
     were designated by the Congress as an emergency requirement 
     pursuant to the Concurrent Resolution on the Budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       For an additional amount, $43,000,000, to remain available 
     until expended, to be reduced by amounts collected by the 
     Secretary and credited to this appropriation, which shall be 
     derived from non-refundable inspection fees collected in 
     fiscal year 2021, as provided in this Act:  Provided, That to 
     the extent that amounts realized from such inspection fees 
     exceed $43,000,000, the amounts realized in excess of 
     $43,000,000 shall be credited to this appropriation and 
     remain available until expended:  Provided further, That for 
     fiscal year 2021, not less than 50 percent of the inspection 
     fees expended by the Bureau of Safety and Environmental 
     Enforcement will be used to fund personnel and mission-
     related costs to expand capacity and expedite the orderly 
     development, subject to environmental safeguards, of the 
     Outer Continental Shelf pursuant to the Outer Continental 
     Shelf Lands Act (43 U.S.C. 1331 et seq.), including the 
     review of applications for permits to drill.

                           oil spill research

       For necessary expenses to carry out title I, section 1016; 
     title IV, sections 4202 and 4303; title VII; and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $14,899,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement

                       regulation and technology

                    (including rescission of funds)

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, $117,768,000, to remain available until September 
     30, 2022, of which $68,590,000 shall be available for state 
     and tribal regulatory grants:  Provided, That appropriations 
     for the Office of Surface Mining Reclamation and Enforcement 
     may provide for the travel and per diem expenses of State and 
     tribal personnel attending Office of Surface Mining 
     Reclamation and Enforcement sponsored training:  Provided 
     further, That of the unobligated balances from amounts made 
     available under this heading, $25,000,000 is permanently 
     rescinded:  Provided further, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       In addition, for costs to review, administer, and enforce 
     permits issued by the Office pursuant to section 507 of 
     Public Law 95-87 (30 U.S.C. 1257), $40,000, to remain 
     available until expended:  Provided, That fees assessed and 
     collected by the Office pursuant to such section 507 shall be 
     credited to this account as discretionary offsetting 
     collections, to remain available until expended:  Provided 
     further, That the sum herein appropriated from the general 
     fund shall be reduced as collections are received during the 
     fiscal year, so as to result in a fiscal year 2021 
     appropriation estimated at not more than $117,768,000.

                    abandoned mine reclamation fund

                    (including rescission of funds)

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     $24,831,000, to be derived from receipts of the Abandoned 
     Mine Reclamation Fund and to remain available until expended: 
      Provided, That pursuant to Public Law 97-365, the Department 
     of the Interior is authorized to use up to 20 percent from 
     the recovery of the delinquent debt owed to the United States 
     Government to pay for contracts to collect these debts:  
     Provided further, That funds made available under title IV of 
     Public Law 95-87 may be used for any required non-Federal 
     share of the cost of projects funded by the Federal 
     Government for the purpose of environmental restoration 
     related to treatment or abatement of acid mine drainage from 
     abandoned mines:  Provided further, That such projects must 
     be consistent with the purposes and priorities of the Surface 
     Mining Control and Reclamation Act:  Provided further, That 
     amounts provided under this heading may be used for the 
     travel and per diem expenses of State and tribal personnel 
     attending Office of Surface Mining Reclamation and 
     Enforcement sponsored training.
       In addition, $115,000,000, to remain available until 
     expended, for grants to States and federally recognized 
     Indian Tribes for reclamation of abandoned mine lands and 
     other related activities in accordance with the terms and 
     conditions described in the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act):  Provided, That such additional amount 
     shall be used for economic and community development in 
     conjunction with the priorities in section 403(a) of the 
     Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 
     1233(a)):  Provided further, That of such additional amount, 
     $75,000,000 shall be distributed in equal amounts to the 
     three Appalachian States with the greatest amount of unfunded 
     needs to meet the priorities described in paragraphs (1) and 
     (2) of such section, $30,000,000 shall be distributed in 
     equal amounts to the three Appalachian States with the 
     subsequent greatest amount of unfunded needs to meet such 
     priorities, and $10,000,000 shall be for grants to federally 
     recognized Indian Tribes without regard to their status as 
     certified or uncertified under the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1233(a)), for reclamation 
     of abandoned mine lands and other related activities in 
     accordance with the terms and conditions described in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act) and shall be 
     used for economic and community development in conjunction 
     with the priorities in section 403(a) of the Surface Mining 
     Control and Reclamation Act of 1977:  Provided further, That 
     such additional amount shall be allocated to States and 
     Indian Tribes within 60 days after the date of enactment of 
     this Act.
       Of the unobligated balances from amounts made available 
     under this heading in fiscal year 2016 or before, $10,000,000 
     is permanently rescinded:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                             Indian Affairs

                        Bureau of Indian Affairs

                      operation of indian programs

                     (including transfers of funds)

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13) and the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     5301 et seq.), $1,616,532,000, to remain available until 
     September 30, 2022, except as otherwise provided herein; of 
     which not to exceed $8,500 may be for official reception and 
     representation expenses; of which not to exceed $78,000,000 
     shall be for welfare assistance payments:  Provided, That in 
     cases of designated Federal disasters, the Secretary of the 
     Interior may exceed such cap for welfare payments from the 
     amounts provided herein, to provide for disaster relief to 
     Indian communities affected by the disaster:  Provided 
     further, That federally recognized Indian tribes and tribal 
     organizations of federally recognized Indian tribes may use 
     their tribal priority allocations for unmet welfare 
     assistance costs:  Provided further, That not to exceed 
     $58,492,000 shall remain available until expended for housing 
     improvement, road maintenance, attorney fees, litigation 
     support, land records improvement, and the Navajo-Hopi 
     Settlement Program:  Provided further, That any forestry 
     funds allocated to a federally recognized tribe which remain 
     unobligated as of September 30, 2022, may be transferred 
     during fiscal year 2023 to an Indian forest land assistance 
     account established for the benefit of the holder of the 
     funds within the holder's trust fund account:  Provided 
     further, That any such unobligated balances not so 
     transferred shall expire on September 30, 2023:  Provided 
     further, That in order to enhance the safety of Bureau field 
     employees, the Bureau may use funds to purchase uniforms or 
     other identifying articles of clothing for personnel:  
     Provided further, That the Bureau of Indian Affairs may 
     accept transfers of funds from United States Customs and 
     Border Protection to supplement any other funding available 
     for reconstruction or repair of roads owned by the Bureau of 
     Indian Affairs as identified on the National Tribal 
     Transportation Facility Inventory, 23 U.S.C. 202(b)(1):  
     Provided further, That $1,000,000 made available for 
     Assistant Secretary Support shall not be available for 
     obligation until the Assistant Secretary-Indian Affairs 
     provides the reports requested by the Committees on 
     Appropriations of the House of Representatives and the Senate 
     related to the Tiwahe Initiative.

[[Page H7407]]

  


                         contract support costs

       For payments to tribes and tribal organizations for 
     contract support costs associated with Indian Self-
     Determination and Education Assistance Act agreements with 
     the Bureau of Indian Affairs and the Bureau of Indian 
     Education for fiscal year 2021, such sums as may be 
     necessary, which shall be available for obligation through 
     September 30, 2022:  Provided, That notwithstanding any other 
     provision of law, no amounts made available under this 
     heading shall be available for transfer to another budget 
     account.

                       payments for tribal leases

       For payments to tribes and tribal organizations for leases 
     pursuant to section 105(l) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal 
     year 2021, such sums as may be necessary, which shall be 
     available for obligation through September 30, 2022:  
     Provided, That notwithstanding any other provision of law, no 
     amounts made available under this heading shall be available 
     for transfer to another budget account.

                              construction

                     (including transfer of funds)

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483; $128,818,000, to remain available until expended:  
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation:  Provided further, 
     That any funds provided for the Safety of Dams program 
     pursuant to the Act of November 2, 1921 (25 U.S.C. 13), shall 
     be made available on a nonreimbursable basis:  Provided 
     further, That this appropriation may be reimbursed from the 
     Office of the Special Trustee for American Indians 
     appropriation for the appropriate share of construction costs 
     for space expansion needed in agency offices to meet trust 
     reform implementation:  Provided further, That of the funds 
     made available under this heading, $10,000,000 shall be 
     derived from the Indian Irrigation Fund established by 
     section 3211 of the WIIN Act (Public Law 114-322; 130 Stat. 
     1749).

 indian land and water claim settlements and miscellaneous payments to 
                                indians

        For payments and necessary administrative expenses for 
     implementation of Indian land and water claim settlements 
     pursuant to Public Laws 99-264 and 114-322, and for 
     implementation of other land and water rights settlements, 
     $45,644,000, to remain available until expended.

                 indian guaranteed loan program account

       For the cost of guaranteed loans and insured loans, 
     $11,797,000, of which $1,593,000 is for administrative 
     expenses, as authorized by the Indian Financing Act of 1974:  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974:  Provided further, That 
     these funds are available to subsidize total loan principal, 
     any part of which is to be guaranteed or insured, not to 
     exceed $82,886,197.

                       Bureau of Indian Education

                 operation of indian education programs

       For expenses necessary for the operation of Indian 
     education programs, as authorized by law, including the 
     Snyder Act of November 2, 1921 (25 U.S.C. 13), the Indian 
     Self-Determination and Education Assistance Act of 1975 (25 
     U.S.C. 5301 et seq.), the Education Amendments of 1978 (25 
     U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 
     1988 (25 U.S.C. 2501 et seq.), $973,092,000, to remain 
     available until September 30, 2022, except as otherwise 
     provided herein:  Provided, That federally recognized Indian 
     tribes and tribal organizations of federally recognized 
     Indian tribes may use their tribal priority allocations for 
     unmet welfare assistance costs:  Provided further, That not 
     to exceed $728,820,000 for school operations costs of Bureau-
     funded schools and other education programs shall become 
     available on July 1, 2021, and shall remain available until 
     September 30, 2022:  Provided further, That notwithstanding 
     any other provision of law, including but not limited to the 
     Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et 
     seq.) and section 1128 of the Education Amendments of 1978 
     (25 U.S.C. 2008), not to exceed $86,884,000 within and only 
     from such amounts made available for school operations shall 
     be available for administrative cost grants associated with 
     grants approved prior to July 1, 2021:  Provided further, 
     That in order to enhance the safety of Bureau field 
     employees, the Bureau may use funds to purchase uniforms or 
     other identifying articles of clothing for personnel.

                         education construction

       For construction, repair, improvement, and maintenance of 
     buildings, utilities, and other facilities necessary for the 
     operation of Indian education programs, including 
     architectural and engineering services by contract; 
     acquisition of lands, and interests in lands; $264,277,000 to 
     remain available until expended:  Provided, That in order to 
     ensure timely completion of construction projects, the 
     Secretary of the Interior may assume control of a project and 
     all funds related to the project, if, not later than 18 
     months after the date of the enactment of this Act, any 
     Public Law 100-297 (25 U.S.C. 2501, et seq.) grantee 
     receiving funds appropriated in this Act or in any prior Act, 
     has not completed the planning and design phase of the 
     project and commenced construction.

                       administrative provisions

       The Bureau of Indian Affairs and the Bureau of Indian 
     Education may carry out the operation of Indian programs by 
     direct expenditure, contracts, cooperative agreements, 
     compacts, and grants, either directly or in cooperation with 
     States and other organizations.
       Notwithstanding Public Law 87-279 (25 U.S.C. 15), the 
     Bureau of Indian Affairs may contract for services in support 
     of the management, operation, and maintenance of the Power 
     Division of the San Carlos Irrigation Project.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs or the Bureau of 
     Indian Education for central office oversight and Executive 
     Direction and Administrative Services (except Executive 
     Direction and Administrative Services funding for Tribal 
     Priority Allocations, regional offices, and facilities 
     operations and maintenance) shall be available for contracts, 
     grants, compacts, or cooperative agreements with the Bureau 
     of Indian Affairs or the Bureau of Indian Education under the 
     provisions of the Indian Self-Determination Act or the Tribal 
     Self-Governance Act of 1994 (Public Law 103-413).
       In the event any tribe returns appropriations made 
     available by this Act to the Bureau of Indian Affairs or the 
     Bureau of Indian Education, this action shall not diminish 
     the Federal Government's trust responsibility to that tribe, 
     or the government-to-government relationship between the 
     United States and that tribe, or that tribe's ability to 
     access future appropriations.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Education, other than the 
     amounts provided herein for assistance to public schools 
     under 25 U.S.C. 452 et seq., shall be available to support 
     the operation of any elementary or secondary school in the 
     State of Alaska.
       No funds available to the Bureau of Indian Education shall 
     be used to support expanded grades for any school or 
     dormitory beyond the grade structure in place or approved by 
     the Secretary of the Interior at each school in the Bureau of 
     Indian Education school system as of October 1, 1995, except 
     that the Secretary of the Interior may waive this prohibition 
     to support expansion of up to one additional grade when the 
     Secretary determines such waiver is needed to support 
     accomplishment of the mission of the Bureau of Indian 
     Education, or more than one grade to expand the elementary 
     grade structure for Bureau-funded schools with a K-2 grade 
     structure on October 1, 1996. Appropriations made available 
     in this or any prior Act for schools funded by the Bureau 
     shall be available, in accordance with the Bureau's funding 
     formula, only to the schools in the Bureau school system as 
     of September 1, 1996, and to any school or school program 
     that was reinstated in fiscal year 2012. Funds made available 
     under this Act may not be used to establish a charter school 
     at a Bureau-funded school (as that term is defined in section 
     1141 of the Education Amendments of 1978 (25 U.S.C. 2021)), 
     except that a charter school that is in existence on the date 
     of the enactment of this Act and that has operated at a 
     Bureau-funded school before September 1, 1999, may continue 
     to operate during that period, but only if the charter school 
     pays to the Bureau a pro rata share of funds to reimburse the 
     Bureau for the use of the real and personal property 
     (including buses and vans), the funds of the charter school 
     are kept separate and apart from Bureau funds, and the Bureau 
     does not assume any obligation for charter school programs of 
     the State in which the school is located if the charter 
     school loses such funding. Employees of Bureau-funded schools 
     sharing a campus with a charter school and performing 
     functions related to the charter school's operation and 
     employees of a charter school shall not be treated as Federal 
     employees for purposes of chapter 171 of title 28, United 
     States Code.
       Notwithstanding any other provision of law, including 
     section 113 of title I of appendix C of Public Law 106-113, 
     if in fiscal year 2003 or 2004 a grantee received indirect 
     and administrative costs pursuant to a distribution formula 
     based on section 5(f) of Public Law 101-301, the Secretary 
     shall continue to distribute indirect and administrative cost 
     funds to such grantee using the section 5(f) distribution 
     formula.
       Funds available under this Act may not be used to establish 
     satellite locations of schools in the Bureau school system as 
     of September 1, 1996, except that the Secretary may waive 
     this prohibition in order for an Indian tribe to provide 
     language and cultural immersion educational programs for non-
     public schools located within the jurisdictional area of the 
     tribal government which exclusively serve tribal members, do 
     not include grades beyond those currently served at the 
     existing Bureau-funded school, provide an educational 
     environment with educator presence and academic facilities 
     comparable to the Bureau-funded school, comply with all 
     applicable Tribal, Federal, or State health and safety 
     standards, and the Americans with Disabilities Act, and 
     demonstrate the benefits of establishing operations at a 
     satellite location in lieu of incurring extraordinary costs, 
     such as for transportation or other impacts to students such 
     as those caused by busing students extended distances:  
     Provided, That no funds available under this Act may be used 
     to fund operations, maintenance, rehabilitation, 
     construction, or other facilities-related costs for such 
     assets that are not owned by the Bureau:  Provided further, 
     That the term ``satellite school'' means a school location 
     physically separated from the existing Bureau school by more 
     than 50 miles but that forms part of the existing school in 
     all other respects.
       Funds made available for Tribal Priority Allocations within 
     Operation of Indian Programs and Operation of Indian 
     Education Programs may be used to execute requested 
     adjustments in tribal priority allocations initiated by an 
     Indian Tribe.

[[Page H7408]]

  


           Office of the Special Trustee for American Indians

                         federal trust programs

                     (including transfer of funds)

       For the operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $108,399,000, to remain available until expended, of 
     which not to exceed $17,911,000 from this or any other Act, 
     may be available for historical accounting:  Provided, That 
     funds for trust management improvements and litigation 
     support may, as needed, be transferred to or merged with the 
     Bureau of Indian Affairs, ``Operation of Indian Programs'' 
     and Bureau of Indian Education, ``Operation of Indian 
     Education Programs'' accounts; the Office of the Solicitor, 
     ``Salaries and Expenses'' account; and the Office of the 
     Secretary, ``Departmental Operations'' account:  Provided 
     further, That funds made available through contracts or 
     grants obligated during fiscal year 2021, as authorized by 
     the Indian Self-Determination Act of 1975 (25 U.S.C. 5301 et 
     seq.), shall remain available until expended by the 
     contractor or grantee:  Provided further, That 
     notwithstanding any other provision of law, the Secretary 
     shall not be required to provide a quarterly statement of 
     performance for any Indian trust account that has not had 
     activity for at least 15 months and has a balance of $15 or 
     less:  Provided further, That the Secretary shall issue an 
     annual account statement and maintain a record of any such 
     accounts and shall permit the balance in each such account to 
     be withdrawn upon the express written request of the account 
     holder:  Provided further, That not to exceed $50,000 is 
     available for the Secretary to make payments to correct 
     administrative errors of either disbursements from or 
     deposits to Individual Indian Money or Tribal accounts after 
     September 30, 2002:  Provided further, That erroneous 
     payments that are recovered shall be credited to and remain 
     available in this account for this purpose:  Provided 
     further, That the Secretary shall not be required to 
     reconcile Special Deposit Accounts with a balance of less 
     than $500 unless the Office of the Special Trustee receives 
     proof of ownership from a Special Deposit Accounts claimant:  
     Provided further, That notwithstanding section 102 of the 
     American Indian Trust Fund Management Reform Act of 1994 
     (Public Law 103-412) or any other provision of law, the 
     Secretary may aggregate the trust accounts of individuals 
     whose whereabouts are unknown for a continuous period of at 
     least 5 years and shall not be required to generate periodic 
     statements of performance for the individual accounts:  
     Provided further, That with respect to the eighth proviso, 
     the Secretary shall continue to maintain sufficient records 
     to determine the balance of the individual accounts, 
     including any accrued interest and income, and such funds 
     shall remain available to the individual account holders.

                          Departmental Offices

                        Office of the Secretary

                        departmental operations

              (including transfer and rescission of funds)

       For necessary expenses for management of the Department of 
     the Interior and for grants and cooperative agreements, as 
     authorized by law, $120,608,000, to remain available until 
     September 30, 2022; of which no less than $1,860,000 shall be 
     to assist the Department with its compliance responsibilities 
     under 5 U.S.C. 552; of which not to exceed $15,000 may be for 
     official reception and representation expenses; of which up 
     to $1,000,000 shall be available for workers compensation 
     payments and unemployment compensation payments associated 
     with the orderly closure of the United States Bureau of 
     Mines; and of which $11,204,000 for Indian land, mineral, and 
     resource valuation activities shall remain available until 
     expended:  Provided, That funds for Indian land, mineral, and 
     resource valuation activities may, as needed, be transferred 
     to and merged with the Bureau of Indian Affairs ``Operation 
     of Indian Programs'' and Bureau of Indian Education 
     ``Operation of Indian Education Programs'' accounts and the 
     Office of the Special Trustee ``Federal Trust Programs'' 
     account:  Provided further, That funds made available through 
     contracts or grants obligated during fiscal year 2021, as 
     authorized by the Indian Self-Determination Act of 1975 (25 
     U.S.C. 5301 et seq.), shall remain available until expended 
     by the contractor or grantee.
       Of the unobligated balances from amounts made available 
     under this heading in fiscal year 2016 or before, $17,398,000 
     is permanently rescinded:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                       administrative provisions

       For fiscal year 2021, up to $400,000 of the payments 
     authorized by chapter 69 of title 31, United States Code, may 
     be retained for administrative expenses of the Payments in 
     Lieu of Taxes Program:  Provided, That the amounts provided 
     under this Act specifically for the Payments in Lieu of Taxes 
     program are the only amounts available for payments 
     authorized under chapter 69 of title 31, United States Code:  
     Provided further, That in the event the sums appropriated for 
     any fiscal year for payments pursuant to this chapter are 
     insufficient to make the full payments authorized by that 
     chapter to all units of local government, then the payment to 
     each local government shall be made proportionally:  Provided 
     further, That the Secretary may make adjustments to payment 
     to individual units of local government to correct for prior 
     overpayments or underpayments:  Provided further, That no 
     payment shall be made pursuant to that chapter to otherwise 
     eligible units of local government if the computed amount of 
     the payment is less than $100.

                            Insular Affairs

                       assistance to territories

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior and other 
     jurisdictions identified in section 104(e) of Public Law 108-
     188, $106,693,000, of which: (1) $97,140,000 shall remain 
     available until expended for territorial assistance, 
     including general technical assistance, maintenance 
     assistance, disaster assistance, coral reef initiative and 
     natural resources activities, and brown tree snake control 
     and research; grants to the judiciary in American Samoa for 
     compensation and expenses, as authorized by law (48 U.S.C. 
     1661(c)); grants to the Government of American Samoa, in 
     addition to current local revenues, for construction and 
     support of governmental functions; grants to the Government 
     of the Virgin Islands, as authorized by law; grants to the 
     Government of Guam, as authorized by law; and grants to the 
     Government of the Northern Mariana Islands, as authorized by 
     law (Public Law 94-241; 90 Stat. 272); and (2) $9,553,000 
     shall be available until September 30, 2022, for salaries and 
     expenses of the Office of Insular Affairs:  Provided, That 
     all financial transactions of the territorial and local 
     governments herein provided for, including such transactions 
     of all agencies or instrumentalities established or used by 
     such governments, may be audited by the Government 
     Accountability Office, at its discretion, in accordance with 
     chapter 35 of title 31, United States Code:  Provided 
     further, That Northern Mariana Islands Covenant grant funding 
     shall be provided according to those terms of the Agreement 
     of the Special Representatives on Future United States 
     Financial Assistance for the Northern Mariana Islands 
     approved by Public Law 104-134:  Provided further, That the 
     funds for the program of operations and maintenance 
     improvement are appropriated to institutionalize routine 
     operations and maintenance improvement of capital 
     infrastructure with territorial participation and cost 
     sharing to be determined by the Secretary based on the 
     grantee's commitment to timely maintenance of its capital 
     assets:  Provided further, That any appropriation for 
     disaster assistance under this heading in this Act or 
     previous appropriations Acts may be used as non-Federal 
     matching funds for the purpose of hazard mitigation grants 
     provided pursuant to section 404 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 
     5170c).

                      compact of free association

       For grants and necessary expenses, $8,463,000, to remain 
     available until expended, as provided for in sections 
     221(a)(2) and 233 of the Compact of Free Association for the 
     Republic of Palau; and section 221(a)(2) of the Compacts of 
     Free Association for the Government of the Republic of the 
     Marshall Islands and the Federated States of Micronesia, as 
     authorized by Public Law 99-658 and Public Law 108-188:  
     Provided, That of the funds appropriated under this heading, 
     $5,000,000 is for deposit into the Compact Trust Fund of the 
     Republic of the Marshall Islands as compensation authorized 
     by Public Law 108-188 for adverse financial and economic 
     impacts.

                       Administrative Provisions

                     (including transfer of funds)

       At the request of the Governor of Guam, the Secretary may 
     transfer discretionary funds or mandatory funds provided 
     under section 104(e) of Public Law 108-188 and Public Law 
     104-134, that are allocated for Guam, to the Secretary of 
     Agriculture for the subsidy cost of direct or guaranteed 
     loans, plus not to exceed three percent of the amount of the 
     subsidy transferred for the cost of loan administration, for 
     the purposes authorized by the Rural Electrification Act of 
     1936 and section 306(a)(1) of the Consolidated Farm and Rural 
     Development Act for construction and repair projects in Guam, 
     and such funds shall remain available until expended:  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974:  Provided further, That 
     such loans or loan guarantees may be made without regard to 
     the population of the area, credit elsewhere requirements, 
     and restrictions on the types of eligible entities under the 
     Rural Electrification Act of 1936 and section 306(a)(1) of 
     the Consolidated Farm and Rural Development Act:  Provided 
     further, That any funds transferred to the Secretary of 
     Agriculture shall be in addition to funds otherwise made 
     available to make or guarantee loans under such authorities.

                        Office of the Solicitor

                         salaries and expenses

       For necessary expenses of the Office of the Solicitor, 
     $86,813,000.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General, 
     $58,552,000, to remain available until September 30, 2022.

                        Department-Wide Programs

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for fire preparedness, fire 
     suppression operations, fire science and research, emergency 
     rehabilitation, fuels management activities, and rural fire 
     assistance by the Department of the Interior, $992,623,000, 
     to remain available until expended, of which not to exceed 
     $18,427,000 shall be for the renovation or construction of 
     fire facilities:  Provided, That such funds are also 
     available for repayment of advances to other appropriation 
     accounts from which funds were previously transferred for 
     such purposes:  Provided further, That of the funds provided 
     $219,964,000 is for fuels management activities:  Provided 
     further, That of the

[[Page H7409]]

     funds provided $20,470,000 is for burned area rehabilitation: 
      Provided further, That persons hired pursuant to 43 U.S.C. 
     1469 may be furnished subsistence and lodging without cost 
     from funds available from this appropriation:  Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     protection of United States property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation: 
      Provided further, That using the amounts designated under 
     this title of this Act, the Secretary of the Interior may 
     enter into procurement contracts, grants, or cooperative 
     agreements, for fuels management activities, and for training 
     and monitoring associated with such fuels management 
     activities on Federal land, or on adjacent non-Federal land 
     for activities that benefit resources on Federal land:  
     Provided further, That the costs of implementing any 
     cooperative agreement between the Federal Government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties:  Provided further, That notwithstanding 
     requirements of the Competition in Contracting Act, the 
     Secretary, for purposes of fuels management activities, may 
     obtain maximum practicable competition among: (1) local 
     private, nonprofit, or cooperative entities; (2) Youth 
     Conservation Corps crews, Public Lands Corps (Public Law 109-
     154), or related partnerships with State, local, or nonprofit 
     youth groups; (3) small or micro-businesses; or (4) other 
     entities that will hire or train locally a significant 
     percentage, defined as 50 percent or more, of the project 
     workforce to complete such contracts:  Provided further, That 
     in implementing this section, the Secretary shall develop 
     written guidance to field units to ensure accountability and 
     consistent application of the authorities provided herein:  
     Provided further, That funds appropriated under this heading 
     may be used to reimburse the United States Fish and Wildlife 
     Service and the National Marine Fisheries Service for the 
     costs of carrying out their responsibilities under the 
     Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to 
     consult and conference, as required by section 7 of such Act, 
     in connection with wildland fire management activities:  
     Provided further, That the Secretary of the Interior may use 
     wildland fire appropriations to enter into leases of real 
     property with local governments, at or below fair market 
     value, to construct capitalized improvements for fire 
     facilities on such leased properties, including but not 
     limited to fire guard stations, retardant stations, and other 
     initial attack and fire support facilities, and to make 
     advance payments for any such lease or for construction 
     activity associated with the lease:  Provided further, That 
     the Secretary of the Interior and the Secretary of 
     Agriculture may authorize the transfer of funds appropriated 
     for wildland fire management, in an aggregate amount not to 
     exceed $50,000,000 between the Departments when such 
     transfers would facilitate and expedite wildland fire 
     management programs and projects:  Provided further, That 
     funds provided for wildfire suppression shall be available 
     for support of Federal emergency response actions:  Provided 
     further, That funds appropriated under this heading shall be 
     available for assistance to or through the Department of 
     State in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and, with the concurrence of the Secretary of State, shall be 
     available to support forestry, wildland fire management, and 
     related natural resource activities outside the United States 
     and its territories and possessions, including technical 
     assistance, education and training, and cooperation with 
     United States and international organizations:  Provided 
     further, That of the funds provided under this heading 
     $383,657,000 is provided to meet the terms of section 
     251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

              wildfire suppression operations reserve fund

                     (including transfers of funds)

       In addition to the amounts provided under the heading 
     ``Department of the Interior--Department-Wide Programs--
     Wildland Fire Management'' for wildfire suppression 
     operations, $310,000,000, to remain available until 
     transferred, is additional new budget authority as specified 
     for purposes of section 251(b)(2)(F) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985:  Provided, That 
     such amounts may be transferred to and merged with amounts 
     made available under the headings ``Department of 
     Agriculture--Forest Service--Wildland Fire Management'' and 
     ``Department of the Interior--Department-Wide Programs--
     Wildland Fire Management'' for wildfire suppression 
     operations in the fiscal year in which such amounts are 
     transferred:  Provided further, That amounts may be 
     transferred to the ``Wildland Fire Management'' accounts in 
     the Department of Agriculture or the Department of the 
     Interior only upon the notification of the House and Senate 
     Committees on Appropriations that all wildfire suppression 
     operations funds appropriated under that heading in this and 
     prior appropriations Acts to the agency to which the funds 
     will be transferred will be obligated within 30 days:  
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     provided by law:  Provided further, That, in determining 
     whether all wildfire suppression operations funds 
     appropriated under the heading ``Wildland Fire Management'' 
     in this and prior appropriations Acts to either the 
     Department of Agriculture or the Department of the Interior 
     will be obligated within 30 days pursuant to the previous 
     proviso, any funds transferred or permitted to be transferred 
     pursuant to any other transfer authority provided by law 
     shall be excluded.

                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the response 
     action, including associated activities, performed pursuant 
     to the Comprehensive Environmental Response, Compensation, 
     and Liability Act (42 U.S.C. 9601 et seq.), $10,010,000, to 
     remain available until expended.

           Natural Resource Damage Assessment and Restoration

                natural resource damage assessment fund

       To conduct natural resource damage assessment, restoration 
     activities, and onshore oil spill preparedness by the 
     Department of the Interior necessary to carry out the 
     provisions of the Comprehensive Environmental Response, 
     Compensation, and Liability Act (42 U.S.C. 9601 et seq.), the 
     Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
     the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 
     54 U.S.C. 100721 et seq., $7,767,000, to remain available 
     until expended.

                          working capital fund

       For the operation and maintenance of a departmental 
     financial and business management system, information 
     technology improvements of general benefit to the Department, 
     cybersecurity, and the consolidation of facilities and 
     operations throughout the Department, $60,735,000, to remain 
     available until expended:  Provided, That none of the funds 
     appropriated in this Act or any other Act may be used to 
     establish reserves in the Working Capital Fund account other 
     than for accrued annual leave and depreciation of equipment 
     without prior approval of the Committees on Appropriations of 
     the House of Representatives and the Senate:  Provided 
     further, That the Secretary of the Interior may assess 
     reasonable charges to State, local, and tribal government 
     employees for training services provided by the National 
     Indian Program Training Center, other than training related 
     to Public Law 93-638:  Provided further, That the Secretary 
     may lease or otherwise provide space and related facilities, 
     equipment, or professional services of the National Indian 
     Program Training Center to State, local and tribal government 
     employees or persons or organizations engaged in cultural, 
     educational, or recreational activities (as defined in 
     section 3306(a) of title 40, United States Code) at the 
     prevailing rate for similar space, facilities, equipment, or 
     services in the vicinity of the National Indian Program 
     Training Center:  Provided further, That all funds received 
     pursuant to the two preceding provisos shall be credited to 
     this account, shall be available until expended, and shall be 
     used by the Secretary for necessary expenses of the National 
     Indian Program Training Center:  Provided further, That the 
     Secretary may enter into grants and cooperative agreements to 
     support the Office of Natural Resource Revenue's collection 
     and disbursement of royalties, fees, and other mineral 
     revenue proceeds, as authorized by law.

                        administrative provision

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, aircraft which may 
     be obtained by donation, purchase, or through available 
     excess surplus property:  Provided, That existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft.

                  office of natural resources revenue

       For necessary expenses for management of the collection and 
     disbursement of royalties, fees, and other mineral revenue 
     proceeds, and for grants and cooperative agreements, as 
     authorized by law, $148,474,000, to remain available until 
     September 30, 2022; of which $50,651,000 shall remain 
     available until expended for the purpose of mineral revenue 
     management activities:  Provided, That notwithstanding any 
     other provision of law, $15,000 shall be available for 
     refunds of overpayments in connection with certain Indian 
     leases in which the Secretary of the Interior concurred with 
     the claimed refund due, to pay amounts owed to Indian 
     allottees or tribes, or to correct prior unrecoverable 
     erroneous payments.

             General Provisions, Department of the Interior

                     (including transfers of funds)

               emergency transfer authority--intra-bureau

       Sec. 101.  Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary of the Interior, 
     for the emergency reconstruction, replacement, or repair of 
     aircraft, buildings, utilities, or other facilities or 
     equipment damaged or destroyed by fire, flood, storm, or 
     other unavoidable causes:  Provided, That no funds shall be 
     made available under this authority until funds specifically 
     made available to the Department of the Interior for 
     emergencies shall have been exhausted:  Provided further, 
     That all funds used pursuant to this section must be 
     replenished by a supplemental appropriation, which must be 
     requested as promptly as possible.

             emergency transfer authority--department-wide

       Sec. 102.  The Secretary of the Interior may authorize the 
     expenditure or transfer of any no year appropriation in this 
     title, in addition to the amounts included in the budget 
     programs of the several agencies, for the suppression or 
     emergency prevention of wildland fires on or threatening 
     lands under the jurisdiction of the Department of the 
     Interior; for the emergency

[[Page H7410]]

     rehabilitation of burned-over lands under its jurisdiction; 
     for emergency actions related to potential or actual 
     earthquakes, floods, volcanoes, storms, or other unavoidable 
     causes; for contingency planning subsequent to actual oil 
     spills; for response and natural resource damage assessment 
     activities related to actual oil spills or releases of 
     hazardous substances into the environment; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for 
     emergency reclamation projects under section 410 of Public 
     Law 95-87; and shall transfer, from any no year funds 
     available to the Office of Surface Mining Reclamation and 
     Enforcement, such funds as may be necessary to permit 
     assumption of regulatory authority in the event a primacy 
     State is not carrying out the regulatory provisions of the 
     Surface Mining Act:  Provided, That appropriations made in 
     this title for wildland fire operations shall be available 
     for the payment of obligations incurred during the preceding 
     fiscal year, and for reimbursement to other Federal agencies 
     for destruction of vehicles, aircraft, or other equipment in 
     connection with their use for wildland fire operations, with 
     such reimbursement to be credited to appropriations currently 
     available at the time of receipt thereof:  Provided further, 
     That for wildland fire operations, no funds shall be made 
     available under this authority until the Secretary determines 
     that funds appropriated for ``wildland fire suppression'' 
     shall be exhausted within 30 days:  Provided further, That 
     all funds used pursuant to this section must be replenished 
     by a supplemental appropriation, which must be requested as 
     promptly as possible:  Provided further, That such 
     replenishment funds shall be used to reimburse, on a pro rata 
     basis, accounts from which emergency funds were transferred.

                        authorized use of funds

       Sec. 103.  Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by section 3109 of title 5, United States Code, 
     when authorized by the Secretary of the Interior, in total 
     amount not to exceed $500,000; purchase and replacement of 
     motor vehicles, including specially equipped law enforcement 
     vehicles; hire, maintenance, and operation of aircraft; hire 
     of passenger motor vehicles; purchase of reprints; payment 
     for telephone service in private residences in the field, 
     when authorized under regulations approved by the Secretary; 
     and the payment of dues, when authorized by the Secretary, 
     for library membership in societies or associations which 
     issue publications to members only or at a price to members 
     lower than to subscribers who are not members.

            authorized use of funds, indian trust management

       Sec. 104.  Appropriations made in this Act under the 
     headings Bureau of Indian Affairs and Bureau of Indian 
     Education, and Office of the Special Trustee for American 
     Indians and any unobligated balances from prior 
     appropriations Acts made under the same headings shall be 
     available for expenditure or transfer for Indian trust 
     management and reform activities. Total funding for 
     historical accounting activities shall not exceed amounts 
     specifically designated in this Act for such purpose. The 
     Secretary shall notify the House and Senate Committees on 
     Appropriations within 60 days of the expenditure or transfer 
     of any funds under this section, including the amount 
     expended or transferred and how the funds will be used.

           redistribution of funds, bureau of indian affairs

       Sec. 105.  Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to redistribute any 
     Tribal Priority Allocation funds, including tribal base 
     funds, to alleviate tribal funding inequities by transferring 
     funds to address identified, unmet needs, dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies. No tribe shall receive a reduction in Tribal 
     Priority Allocation funds of more than 10 percent in fiscal 
     year 2021. Under circumstances of dual enrollment, 
     overlapping service areas or inaccurate distribution 
     methodologies, the 10 percent limitation does not apply.

                 ellis, governors, and liberty islands

       Sec. 106.  Notwithstanding any other provision of law, the 
     Secretary of the Interior is authorized to acquire lands, 
     waters, or interests therein, including the use of all or 
     part of any pier, dock, or landing within the State of New 
     York and the State of New Jersey, for the purpose of 
     operating and maintaining facilities in the support of 
     transportation and accommodation of visitors to Ellis, 
     Governors, and Liberty Islands, and of other program and 
     administrative activities, by donation or with appropriated 
     funds, including franchise fees (and other monetary 
     consideration), or by exchange; and the Secretary is 
     authorized to negotiate and enter into leases, subleases, 
     concession contracts, or other agreements for the use of such 
     facilities on such terms and conditions as the Secretary may 
     determine reasonable.

                outer continental shelf inspection fees

       Sec. 107. (a) In fiscal year 2021, the Secretary of the 
     Interior shall collect a nonrefundable inspection fee, which 
     shall be deposited in the ``Offshore Safety and Environmental 
     Enforcement'' account, from the designated operator for 
     facilities subject to inspection under 43 U.S.C. 1348(c).
       (b) Annual fees shall be collected for facilities that are 
     above the waterline, excluding drilling rigs, and are in 
     place at the start of the fiscal year. Fees for fiscal year 
     2021 shall be--
       (1) $10,500 for facilities with no wells, but with 
     processing equipment or gathering lines;
       (2) $17,000 for facilities with 1 to 10 wells, with any 
     combination of active or inactive wells; and
       (3) $31,500 for facilities with more than 10 wells, with 
     any combination of active or inactive wells.
       (c) Fees for drilling rigs shall be assessed for all 
     inspections completed in fiscal year 2021. Fees for fiscal 
     year 2021 shall be--
       (1) $30,500 per inspection for rigs operating in water 
     depths of 500 feet or more; and
       (2) $16,700 per inspection for rigs operating in water 
     depths of less than 500 feet.
       (d) Fees for inspection of well operations conducted via 
     non-rig units as outlined in title 30 CFR 250 subparts D, E, 
     F, and Q shall be assessed for all inspections completed in 
     fiscal year 2021. Fees for fiscal year 2021 shall be--
       (1) $13,260 per inspection for non-rig units operating in 
     water depths of 2,500 feet or more;
       (2) $11,530 per inspection for non-rig units operating in 
     water depths between 500 and 2,499 feet; and
       (3) $4,470 per inspection for non-rig units operating in 
     water depths of less than 500 feet.
       (e) The Secretary shall bill designated operators under 
     subsection (b) quarterly, with payment required within 30 
     days of billing. The Secretary shall bill designated 
     operators under subsection (c) within 30 days of the end of 
     the month in which the inspection occurred, with payment 
     required within 30 days of billing. The Secretary shall bill 
     designated operators under subsection (d) with payment 
     required by the end of the following quarter.

  contracts and agreements for wild horse and burro holding facilities

       Sec. 108.  Notwithstanding any other provision of this Act, 
     the Secretary of the Interior may enter into multiyear 
     cooperative agreements with nonprofit organizations and other 
     appropriate entities, and may enter into multiyear contracts 
     in accordance with the provisions of section 3903 of title 
     41, United States Code (except that the 5-year term 
     restriction in subsection (a) shall not apply), for the long-
     term care and maintenance of excess wild free roaming horses 
     and burros by such organizations or entities on private land. 
     Such cooperative agreements and contracts may not exceed 10 
     years, subject to renewal at the discretion of the Secretary.

                       mass marking of salmonids

       Sec. 109.  The United States Fish and Wildlife Service 
     shall, in carrying out its responsibilities to protect 
     threatened and endangered species of salmon, implement a 
     system of mass marking of salmonid stocks, intended for 
     harvest, that are released from federally operated or 
     federally financed hatcheries including but not limited to 
     fish releases of coho, chinook, and steelhead species. Marked 
     fish must have a visible mark that can be readily identified 
     by commercial and recreational fishers.

              contracts and agreements with indian affairs

       Sec. 110.  Notwithstanding any other provision of law, 
     during fiscal year 2021, in carrying out work involving 
     cooperation with State, local, and tribal governments or any 
     political subdivision thereof, Indian Affairs may record 
     obligations against accounts receivable from any such 
     entities, except that total obligations at the end of the 
     fiscal year shall not exceed total budgetary resources 
     available at the end of the fiscal year.

        department of the interior experienced services program

       Sec. 111. (a) Notwithstanding any other provision of law 
     relating to Federal grants and cooperative agreements, the 
     Secretary of the Interior is authorized to make grants to, or 
     enter into cooperative agreements with, private nonprofit 
     organizations designated by the Secretary of Labor under 
     title V of the Older Americans Act of 1965 to utilize the 
     talents of older Americans in programs authorized by other 
     provisions of law administered by the Secretary and 
     consistent with such provisions of law.
       (b) Prior to awarding any grant or agreement under 
     subsection (a), the Secretary shall ensure that the agreement 
     would not--
       (1) result in the displacement of individuals currently 
     employed by the Department, including partial displacement 
     through reduction of non-overtime hours, wages, or employment 
     benefits;
       (2) result in the use of an individual under the Department 
     of the Interior Experienced Services Program for a job or 
     function in a case in which a Federal employee is in a layoff 
     status from the same or substantially equivalent job within 
     the Department; or
       (3) affect existing contracts for services.

                          obligation of funds

       Sec. 112.  Amounts appropriated by this Act to the 
     Department of the Interior shall be available for obligation 
     and expenditure not later than 60 days after the date of 
     enactment of this Act.

                        extension of authorities

       Sec. 113. (a) Section 708(a) of division II of Public Law 
     104-333, as amended by Public Law 110-229 section 461, is 
     further amended by striking `` $15,000,000'' and inserting `` 
     $17,000,000''.
       (b) Section 109(a) of title I of Public Law 106-278 is 
     amended by striking `` $10,000,000'' and inserting `` 
     $12,000,000''.

                         separation of accounts

       Sec. 114.  The Secretary of the Interior, in order to 
     implement an orderly transition to separate accounts of the 
     Bureau of Indian Affairs and the Bureau of Indian Education, 
     may transfer funds among and between the successor offices 
     and bureaus affected by the reorganization only in 
     conformance with the reprogramming guidelines described in 
     this Act.

                    payments in lieu of taxes (pilt)

       Sec. 115.  Section 6906 of title 31, United States Code, 
     shall be applied by substituting ``fiscal year 2021'' for 
     ``fiscal year 2019''.

[[Page H7411]]

  


                              sage-grouse

       Sec. 116.  None of the funds made available by this or any 
     other Act may be used by the Secretary of the Interior to 
     write or issue pursuant to section 4 of the Endangered 
     Species Act of 1973 (16 U.S.C. 1533)--
       (1) a proposed rule for greater sage-grouse (Centrocercus 
     urophasianus);
       (2) a proposed rule for the Columbia basin distinct 
     population segment of greater sage-grouse.

        disclosure of departure or alternate procedure approval

       Sec. 117. (a) Subject to subsection (b), beginning no later 
     than 180 days after the enactment of this Act, in any case in 
     which the Bureau of Safety and Environmental Enforcement or 
     the Bureau of Ocean Energy Management prescribes or approves 
     any departure or use of alternate procedure or equipment, in 
     regards to a plan or permit, under 30 CFR 585.103, 30 CFR 
     550.141; 30 CFR 550.142; 30 CFR 250.141, or 30 CFR 250.142, 
     the head of such bureau shall post a description of such 
     departure or alternate procedure or equipment use approval on 
     such bureau's publicly available website not more than 15 
     business days after such issuance.
       (b) The head of each bureau may exclude confidential 
     business information.

                         medical services fund

       Sec. 118.  Beginning in fiscal year 2022 and for each 
     fiscal year thereafter, fees collected pursuant to section 
     2404 of Public Law 116-9 shall be deposited into the National 
     Park Medical Services Fund established pursuant to such 
     section of such Act as discretionary offsetting receipts.

                         interagency motor pool

       Sec. 119.  Notwithstanding any other provision of law or 
     Federal regulation, federally recognized Indian tribes or 
     authorized tribal organizations that receive Tribally-
     Controlled School Grants pursuant to Public Law 100-297 may 
     obtain interagency motor vehicles and related services for 
     performance of any activities carried out under such grants 
     to the same extent as if they were contracting under the 
     Indian Self-Determination and Education Assistance Act.

                          long bridge project

       Sec. 120. (a) Authorization of Conveyance.--On request by 
     the State of Virginia or the District of Columbia for the 
     purpose of the construction of rail and other infrastructure 
     relating to the Long Bridge Project, the Secretary of the 
     Interior may convey to the State or the District of Columbia, 
     as applicable, all right, title, and interest of the United 
     States in and to any portion of the approximately 4.4 acres 
     of National Park Service land depicted as ``Permanent Impact 
     to NPS Land'' on the Map dated May 15, 2020, that is 
     identified by the State or the District of Columbia.
       (b) Terms and Conditions.--Such conveyance of the National 
     Park Service land under subsection (a) shall be subject to 
     any terms and conditions that the Secretary may require. If 
     such conveyed land is no longer being used for the purposes 
     specified in this section, the lands or interests therein 
     shall revert to the National Park Service after they have 
     been restored or remediated to the satisfaction of the 
     Secretary.
       (c) Corrections.--The Secretary and the State or the 
     District of Columbia, as applicable, by mutual agreement, 
     may--
       (1) make minor boundary adjustments to the National Park 
     Service land to be conveyed to the State or the District of 
     Columbia under subsection (a); and
       (2) correct any minor errors in the Map referred to in 
     subsection (a).
       (d) Definitions.--For purposes of this section:
       (1) Long bridge project.--The term ``Long Bridge Project'' 
     means the rail project, as identified by the Federal Railroad 
     Administration, from Rosslyn (RO) Interlocking in Arlington, 
     Virginia, to L'Enfant (LE) Interlocking in Washington, DC, 
     which includes a bicycle and pedestrian bridge.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (3) State.--The term ``State'' means the State of Virginia.

                                TITLE II

                    ENVIRONMENTAL PROTECTION AGENCY

                         Science and Technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980; necessary 
     expenses for personnel and related costs and travel expenses; 
     procurement of laboratory equipment and supplies; hire, 
     maintenance, and operation of aircraft; and other operating 
     expenses in support of research and development, 
     $729,329,000, to remain available until September 30, 2022:  
     Provided, That of the funds included under this heading, 
     $7,500,000 shall be for Research: National Priorities as 
     specified in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act).

                 Environmental Programs and Management

       For environmental programs and management, including 
     necessary expenses not otherwise provided for, for personnel 
     and related costs and travel expenses; hire of passenger 
     motor vehicles; hire, maintenance, and operation of aircraft; 
     purchase of reprints; library memberships in societies or 
     associations which issue publications to members only or at a 
     price to members lower than to subscribers who are not 
     members; administrative costs of the brownfields program 
     under the Small Business Liability Relief and Brownfields 
     Revitalization Act of 2002; implementation of a coal 
     combustion residual permit program under section 2301 of the 
     Water and Waste Act of 2016; and not to exceed $19,000 for 
     official reception and representation expenses, 
     $2,761,550,000, to remain available until September 30, 2022: 
      Provided, That of the funds included under this heading, 
     $21,700,000 shall be for Environmental Protection: National 
     Priorities as specified in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act):  Provided further, That of the funds 
     included under this heading, $541,972,000 shall be for 
     Geographic Programs specified in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act).
       In addition, $5,000,000 to remain available until expended, 
     for necessary expenses of activities described in section 
     26(b)(1) of the Toxic Substances Control Act (15 U.S.C. 
     2625(b)(1)):  Provided, That fees collected pursuant to that 
     section of that Act and deposited in the ``TSCA Service Fee 
     Fund'' as discretionary offsetting receipts in fiscal year 
     2021 shall be retained and used for necessary salaries and 
     expenses in this appropriation and shall remain available 
     until expended:  Provided further, That the sum herein 
     appropriated in this paragraph from the general fund for 
     fiscal year 2021 shall be reduced by the amount of 
     discretionary offsetting receipts received during fiscal year 
     2021, so as to result in a final fiscal year 2021 
     appropriation from the general fund estimated at not more 
     than $0:  Provided further, That to the extent that amounts 
     realized from such receipts exceed $5,000,000, those amount 
     in excess of $5,000,000 shall be deposited in the ``TSCA 
     Service Fee Fund'' as discretionary offsetting receipts in 
     fiscal year 2021, shall be retained and used for necessary 
     salaries and expenses in this account, and shall remain 
     available until expended:  Provided further, That of the 
     funds included in the first paragraph under this heading, the 
     Chemical Risk Review and Reduction program project shall be 
     allocated for this fiscal year, excluding the amount of any 
     fees appropriated, not less than the amount of appropriations 
     for that program project for fiscal year 2014.

            Hazardous Waste Electronic Manifest System Fund

       For necessary expenses to carry out section 3024 of the 
     Solid Waste Disposal Act (42 U.S.C. 6939g), including the 
     development, operation, maintenance, and upgrading of the 
     hazardous waste electronic manifest system established by 
     such section, $8,000,000, to remain available until expended: 
      Provided, That the sum herein appropriated from the general 
     fund shall be reduced as offsetting collections under such 
     section 3024 are received during fiscal year 2021, which 
     shall remain available until expended and be used for 
     necessary expenses in this appropriation, so as to result in 
     a final fiscal year 2021 appropriation from the general fund 
     estimated at not more than $0:  Provided further, That to the 
     extent such offsetting collections received in fiscal year 
     2021 exceed $8,000,000, those excess amounts shall remain 
     available until expended and be used for necessary expenses 
     in this appropriation.

                      Office of Inspector General

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $43,500,000, to remain available until September 30, 
     2022.

                        Buildings and Facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $33,752,000, to remain available until expended.

                     Hazardous Substance Superfund

                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), including sections 111(c)(3), (c)(5), (c)(6), 
     and (e)(4) (42 U.S.C. 9611), and hire, maintenance, and 
     operation of aircraft, $1,205,811,000, to remain available 
     until expended, consisting of such sums as are available in 
     the Trust Fund on September 30, 2020, as authorized by 
     section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA) and up to $1,205,811,000 
     as a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA:  Provided, That funds appropriated under this heading 
     may be allocated to other Federal agencies in accordance with 
     section 111(a) of CERCLA:  Provided further, That of the 
     funds appropriated under this heading, $11,586,000 shall be 
     paid to the ``Office of Inspector General'' appropriation to 
     remain available until September 30, 2022, and $30,755,000 
     shall be paid to the ``Science and Technology'' appropriation 
     to remain available until September 30, 2022.

          Leaking Underground Storage Tank Trust Fund Program

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by subtitle I of 
     the Solid Waste Disposal Act, $92,203,000, to remain 
     available until expended, of which $66,834,000 shall be for 
     carrying out leaking underground storage tank cleanup 
     activities authorized by section 9003(h) of the Solid Waste 
     Disposal Act; $25,369,000 shall be for carrying out the other 
     provisions of the Solid Waste Disposal Act specified in 
     section 9508(c) of the Internal Revenue Code:  Provided, That 
     the Administrator is authorized to use appropriations made 
     available under this heading to implement section 9013 of the 
     Solid Waste Disposal Act to provide financial assistance to 
     federally recognized Indian tribes for the development and 
     implementation of programs to manage underground storage 
     tanks.

                       Inland Oil Spill Programs

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities

[[Page H7412]]

     under the Oil Pollution Act of 1990, including hire, 
     maintenance, and operation of aircraft, $20,098,000, to be 
     derived from the Oil Spill Liability trust fund, to remain 
     available until expended.

                   State and Tribal Assistance Grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $4,313,901,000, to remain 
     available until expended, of which--
       (1) $1,638,826,000 shall be for making capitalization 
     grants for the Clean Water State Revolving Funds under title 
     VI of the Federal Water Pollution Control Act; and of which 
     $1,126,088,000 shall be for making capitalization grants for 
     the Drinking Water State Revolving Funds under section 1452 
     of the Safe Drinking Water Act:  Provided, That for fiscal 
     year 2021, to the extent there are sufficient eligible 
     project applications and projects are consistent with State 
     Intended Use Plans, not less than 10 percent of the funds 
     made available under this title to each State for Clean Water 
     State Revolving Fund capitalization grants shall be used by 
     the State for projects to address green infrastructure, water 
     or energy efficiency improvements, or other environmentally 
     innovative activities:  Provided further, That for fiscal 
     year 2021, funds made available under this title to each 
     State for Drinking Water State Revolving Fund capitalization 
     grants may, at the discretion of each State, be used for 
     projects to address green infrastructure, water or energy 
     efficiency improvements, or other environmentally innovative 
     activities:  Provided further, That notwithstanding section 
     603(d)(7) of the Federal Water Pollution Control Act, the 
     limitation on the amounts in a State water pollution control 
     revolving fund that may be used by a State to administer the 
     fund shall not apply to amounts included as principal in 
     loans made by such fund in fiscal year 2021 and prior years 
     where such amounts represent costs of administering the fund 
     to the extent that such amounts are or were deemed reasonable 
     by the Administrator, accounted for separately from other 
     assets in the fund, and used for eligible purposes of the 
     fund, including administration:  Provided further, That for 
     fiscal year 2021, notwithstanding the provisions of 
     subsections (g)(1), (h), and (l) of section 201 of the 
     Federal Water Pollution Control Act, grants made under title 
     II of such Act for American Samoa, Guam, the Commonwealth of 
     the Northern Marianas, the United States Virgin Islands, and 
     the District of Columbia may also be made for the purpose of 
     providing assistance: (1) solely for facility plans, design 
     activities, or plans, specifications, and estimates for any 
     proposed project for the construction of treatment works; and 
     (2) for the construction, repair, or replacement of privately 
     owned treatment works serving one or more principal 
     residences or small commercial establishments:  Provided 
     further, That for fiscal year 2021, notwithstanding the 
     provisions of such subsections (g)(1), (h), and (l) of 
     section 201 and section 518(c) of the Federal Water Pollution 
     Control Act, funds reserved by the Administrator for grants 
     under section 518(c) of the Federal Water Pollution Control 
     Act may also be used to provide assistance: (1) solely for 
     facility plans, design activities, or plans, specifications, 
     and estimates for any proposed project for the construction 
     of treatment works; and (2) for the construction, repair, or 
     replacement of privately owned treatment works serving one or 
     more principal residences or small commercial establishments: 
      Provided further, That for fiscal year 2021, notwithstanding 
     any provision of the Federal Water Pollution Control Act and 
     regulations issued pursuant thereof, up to a total of 
     $2,000,000 of the funds reserved by the Administrator for 
     grants under section 518(c) of such Act may also be used for 
     grants for training, technical assistance, and educational 
     programs relating to the operation and management of the 
     treatment works specified in section 518(c) of such Act:  
     Provided further, That for fiscal year 2021, funds reserved 
     under section 518(c) of such Act shall be available for 
     grants only to Indian tribes, as defined in section 518(h) of 
     such Act and former Indian reservations in Oklahoma (as 
     determined by the Secretary of the Interior) and Native 
     Villages as defined in Public Law 92-203:  Provided further, 
     That for fiscal year 2021, notwithstanding the limitation on 
     amounts in section 518(c) of the Federal Water Pollution 
     Control Act, up to a total of 2 percent of the funds 
     appropriated, or $30,000,000, whichever is greater, and 
     notwithstanding the limitation on amounts in section 1452(i) 
     of the Safe Drinking Water Act, up to a total of 2 percent of 
     the funds appropriated, or $20,000,000, whichever is greater, 
     for State Revolving Funds under such Acts may be reserved by 
     the Administrator for grants under section 518(c) and section 
     1452(i) of such Acts:  Provided further, That for fiscal year 
     2021, notwithstanding the amounts specified in section 205(c) 
     of the Federal Water Pollution Control Act, up to 1.5 percent 
     of the aggregate funds appropriated for the Clean Water State 
     Revolving Fund program under the Act less any sums reserved 
     under section 518(c) of the Act, may be reserved by the 
     Administrator for grants made under title II of the Federal 
     Water Pollution Control Act for American Samoa, Guam, the 
     Commonwealth of the Northern Marianas, and United States 
     Virgin Islands:  Provided further, That for fiscal year 2021, 
     notwithstanding the limitations on amounts specified in 
     section 1452(j) of the Safe Drinking Water Act, up to 1.5 
     percent of the funds appropriated for the Drinking Water 
     State Revolving Fund programs under the Safe Drinking Water 
     Act may be reserved by the Administrator for grants made 
     under section 1452(j) of the Safe Drinking Water Act:  
     Provided further, That 10 percent of the funds made available 
     under this title to each State for Clean Water State 
     Revolving Fund capitalization grants and 14 percent of the 
     funds made available under this title to each State for 
     Drinking Water State Revolving Fund capitalization grants 
     shall be used by the State to provide additional subsidy to 
     eligible recipients in the form of forgiveness of principal, 
     negative interest loans, or grants (or any combination of 
     these), and shall be so used by the State only where such 
     funds are provided as initial financing for an eligible 
     recipient or to buy, refinance, or restructure the debt 
     obligations of eligible recipients only where such debt was 
     incurred on or after the date of enactment of this Act, or 
     where such debt was incurred prior to the date of enactment 
     of this Act if the State, with concurrence from the 
     Administrator, determines that such funds could be used to 
     help address a threat to public health from heightened 
     exposure to lead in drinking water or if a Federal or State 
     emergency declaration has been issued due to a threat to 
     public health from heightened exposure to lead in a municipal 
     drinking water supply before the date of enactment of this 
     Act:  Provided further, That in a State in which such an 
     emergency declaration has been issued, the State may use more 
     than 14 percent of the funds made available under this title 
     to the State for Drinking Water State Revolving Fund 
     capitalization grants to provide additional subsidy to 
     eligible recipients;
       (2) $30,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     Border, after consultation with the appropriate border 
     commission:  Provided, That no funds provided by this 
     appropriations Act to address the water, wastewater and other 
     critical infrastructure needs of the colonias in the United 
     States along the United States-Mexico border shall be made 
     available to a county or municipal government unless that 
     government has established an enforceable local ordinance, or 
     other zoning rule, which prevents in that jurisdiction the 
     development or construction of any additional colonia areas, 
     or the development within an existing colonia the 
     construction of any new home, business, or other structure 
     which lacks water, wastewater, or other necessary 
     infrastructure;
       (3) $36,186,000 shall be for grants to the State of Alaska 
     to address drinking water and wastewater infrastructure needs 
     of rural and Alaska Native Villages:  Provided, That of these 
     funds: (A) the State of Alaska shall provide a match of 25 
     percent; (B) no more than 5 percent of the funds may be used 
     for administrative and overhead expenses; and (C) the State 
     of Alaska shall make awards consistent with the Statewide 
     priority list established in conjunction with the Agency and 
     the U.S. Department of Agriculture for all water, sewer, 
     waste disposal, and similar projects carried out by the State 
     of Alaska that are funded under section 221 of the Federal 
     Water Pollution Control Act (33 U.S.C. 1301) or the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et 
     seq.) which shall allocate not less than 25 percent of the 
     funds provided for projects in regional hub communities;
       (4) $90,982,000 shall be to carry out section 104(k) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), including grants, interagency 
     agreements, and associated program support costs:  Provided, 
     That at least 10 percent shall be allocated for assistance in 
     persistent poverty counties:  Provided further, That for 
     purposes of this section, the term ``persistent poverty 
     counties'' means any county that has had 20 percent or more 
     of its population living in poverty over the past 30 years, 
     as measured by the 1990 and 2000 decennial censuses and the 
     most recent Small Area Income and Poverty Estimates, or any 
     territory or possession of the United States;
       (5) $90,000,000 shall be for grants under title VII, 
     subtitle G of the Energy Policy Act of 2005;
       (6) $59,000,000 shall be for targeted airshed grants in 
     accordance with the terms and conditions in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act);
       (7) $4,000,000 shall be to carry out the water quality 
     program authorized in section 5004(d) of the Water 
     Infrastructure Improvements for the Nation Act (Public Law 
     114-322);
       (8) $26,408,000 shall be for grants under subsections (a) 
     through (j) of section 1459A of the Safe Drinking Water Act 
     (42 U.S.C. 300j-19a);
       (9) $26,500,000 shall be for grants under section 1464(d) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-24(d));
       (10) $21,511,000 shall be for grants under section 1459B of 
     the Safe Drinking Water Act (42 U.S.C. 300j-19b);
       (11) $4,000,000 shall be for grants under section 1459A(l) 
     of the Safe Drinking Water Act (42 U.S.C. 300j-19a(l));
       (12) $18,000,000 shall be for grants under section 
     104(b)(8) of the Federal Water Pollution Control Act (33 
     U.S.C. 1254(b)(8));
       (13) $40,000,000 shall be for grants under section 221 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1301);
       (14) $3,000,000 shall be for grants under section 4304(b) 
     of the America's Water Infrastructure Act of 2018 (Public Law 
     115-270); and
       (15) $1,099,400,000 shall be for grants, including 
     associated program support costs, to States, federally 
     recognized tribes, interstate agencies, tribal consortia, and 
     air pollution control agencies for multi-media or single 
     media pollution prevention, control and abatement, and 
     related activities, including activities pursuant to the 
     provisions set forth under this heading in Public Law 104-
     134, and for making grants under section 103 of the Clean Air 
     Act for particulate matter monitoring and data collection 
     activities subject to terms and conditions specified by the 
     Administrator, and under section 2301 of the Water and Waste 
     Act of 2016 to assist States in developing and implementing 
     programs for control of coal combustion residuals, of which:

[[Page H7413]]

     $46,195,000 shall be for carrying out section 128 of CERCLA; 
     $9,336,000 shall be for Environmental Information Exchange 
     Network grants, including associated program support costs; 
     $1,475,000 shall be for grants to States under section 
     2007(f)(2) of the Solid Waste Disposal Act, which shall be in 
     addition to funds appropriated under the heading ``Leaking 
     Underground Storage Tank Trust Fund Program'' to carry out 
     the provisions of the Solid Waste Disposal Act specified in 
     section 9508(c) of the Internal Revenue Code other than 
     section 9003(h) of the Solid Waste Disposal Act; $17,924,000 
     of the funds available for grants under section 106 of the 
     Federal Water Pollution Control Act shall be for State 
     participation in national- and State-level statistical 
     surveys of water resources and enhancements to State 
     monitoring programs; $10,000,000 shall be for multipurpose 
     grants, including interagency agreements, in accordance with 
     the terms and conditions described in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).

      Water Infrastructure Finance and Innovation Program Account

       For the cost of direct loans and for the cost of guaranteed 
     loans, as authorized by the Water Infrastructure Finance and 
     Innovation Act of 2014, $59,500,000, to remain available 
     until expended:  Provided, That such costs, including the 
     cost of modifying such loans, shall be as defined in section 
     502 of the Congressional Budget Act of 1974:  Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans, 
     including capitalized interest, and total loan principal, 
     including capitalized interest, any part of which is to be 
     guaranteed, not to exceed $12,500,000,000:  Provided further, 
     That of the funds made available under this heading, 
     $5,000,000 shall be used solely for the cost of direct loans 
     and for the cost of guaranteed loans for projects described 
     in section 5026(9) of the Water Infrastructure Finance and 
     Innovation Act of 2014 to State infrastructure financing 
     authorities, as authorized by section 5033(e) of such Act:  
     Provided further, That the use of direct loans or loan 
     guarantee authority under this heading for direct loans or 
     commitments to guarantee loans for any project shall be in 
     accordance with the criteria published in the Federal 
     Register on June 30, 2020 (85 FR 39189) pursuant to the 
     fourth proviso under the heading ``Water Infrastructure 
     Finance and Innovation Program Account'' in division D of the 
     Further Consolidated Appropriations Act, 2020 (Public Law 
     116-94):  Provided further, That none of the direct loans or 
     loan guarantee authority made available under this heading 
     shall be available for any project unless the Administrator 
     and the Director of the Office of Management and Budget have 
     certified in advance in writing that the direct loan or loan 
     guarantee, as applicable, and the project comply with the 
     criteria referenced in the previous proviso:  Provided 
     further, That, for the purposes of carrying out the 
     Congressional Budget Act of 1974, the Director of the 
     Congressional Budget Office may request, and the 
     Administrator shall promptly provide, documentation and 
     information relating to a project identified in a Letter of 
     Interest submitted to the Administrator pursuant to a Notice 
     of Funding Availability for applications for credit 
     assistance under the Water Infrastructure Finance and 
     Innovation Act Program, including with respect to a project 
     that was initiated or completed before the date of enactment 
     of this Act.
       In addition, fees authorized to be collected pursuant to 
     sections 5029 and 5030 of the Water Infrastructure Finance 
     and Innovation Act of 2014 shall be deposited in this 
     account, to remain available until expended.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, notwithstanding section 
     5033 of the Water Infrastructure Finance and Innovation Act 
     of 2014, $5,500,000, to remain available until September 30, 
     2022.

       Administrative Provisions--Environmental Protection Agency

             (including transfers and rescission of funds)

       For fiscal year 2021, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally 
     recognized Indian tribes or Intertribal consortia, if 
     authorized by their member tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       The Administrator of the Environmental Protection Agency is 
     authorized to collect and obligate pesticide registration 
     service fees in accordance with section 33 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w-
     8).
       Notwithstanding section 33(d)(2) of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 
     136w-8(d)(2)), the Administrator of the Environmental 
     Protection Agency may assess fees under section 33 of FIFRA 
     (7 U.S.C. 136w-8) for fiscal year 2021.
       The Administrator is authorized to transfer up to 
     $330,000,000 of the funds appropriated for the Great Lakes 
     Restoration Initiative under the heading ``Environmental 
     Programs and Management'' to the head of any Federal 
     department or agency, with the concurrence of such head, to 
     carry out activities that would support the Great Lakes 
     Restoration Initiative and Great Lakes Water Quality 
     Agreement programs, projects, or activities; to enter into an 
     interagency agreement with the head of such Federal 
     department or agency to carry out these activities; and to 
     make grants to governmental entities, nonprofit 
     organizations, institutions, and individuals for planning, 
     research, monitoring, outreach, and implementation in 
     furtherance of the Great Lakes Restoration Initiative and the 
     Great Lakes Water Quality Agreement.
       The Science and Technology, Environmental Programs and 
     Management, Office of Inspector General, Hazardous Substance 
     Superfund, and Leaking Underground Storage Tank Trust Fund 
     Program Accounts, are available for the construction, 
     alteration, repair, rehabilitation, and renovation of 
     facilities, provided that the cost does not exceed $150,000 
     per project.
       For fiscal year 2021, and notwithstanding section 518(f) of 
     the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), 
     the Administrator is authorized to use the amounts 
     appropriated for any fiscal year under section 319 of the Act 
     to make grants to Indian tribes pursuant to sections 319(h) 
     and 518(e) of that Act.
       The Administrator is authorized to use the amounts 
     appropriated under the heading ``Environmental Programs and 
     Management'' for fiscal year 2021 to provide grants to 
     implement the Southeastern New England Watershed Restoration 
     Program.
       Notwithstanding the limitations on amounts in section 
     320(i)(2)(B) of the Federal Water Pollution Control Act, not 
     less than $1,500,000 of the funds made available under this 
     title for the National Estuary Program shall be for making 
     competitive awards described in section 320(g)(4).
       For fiscal year 2021, the Office of Chemical Safety and 
     Pollution Prevention and the Office of Water may, using funds 
     appropriated under the headings ``Environmental Programs and 
     Management'' and ``Science and Technology'', contract 
     directly with individuals or indirectly with institutions or 
     nonprofit organizations, without regard to 41 U.S.C. 5, for 
     the temporary or intermittent personal services of students 
     or recent graduates, who shall be considered employees for 
     the purposes of chapters 57 and 81 of title 5, United States 
     Code, relating to compensation for travel and work injuries, 
     and chapter 171 of title 28, United States Code, relating to 
     tort claims, but shall not be considered to be Federal 
     employees for any other purpose:  Provided, That amounts used 
     for this purpose by the Office of Chemical Safety and 
     Pollution Prevention and the Office of Water collectively may 
     not exceed $2,000,000.
       Of the unobligated balances available for the ``State and 
     Tribal Assistance Grants'' account, $27,991,000 are hereby 
     permanently rescinded:  Provided, That no amounts may be 
     rescinded from amounts that were designated by the Congress 
     as an emergency requirement pursuant to the Concurrent 
     Resolution on the Budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                               TITLE III

                            RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

  office of the under secretary for natural resources and environment

       For necessary expenses of the Office of the Under Secretary 
     for Natural Resources and Environment, $875,000:  Provided, 
     That funds made available by this Act to any agency in the 
     Natural Resources and Environment mission area for salaries 
     and expenses are available to fund up to one administrative 
     support staff for the office.

                             Forest Service

                       forest service operations

                     (Including Transfers of Funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $1,026,163,000, to remain available through 
     September 30, 2024:  Provided, That a portion of the funds 
     made available under this heading shall be for the base 
     salary and expenses of employees in the Chief's Office, the 
     Work Environment and Performance Office, the Business 
     Operations Deputy Area, and the Chief Financial Officer's 
     Office to carry out administrative and general management 
     support functions:  Provided further, That funds provided 
     under this heading shall be available for the costs of 
     facility maintenance, repairs, and leases for buildings and 
     sites where these support functions take place; the costs of 
     all utility and telecommunication expenses of the Forest 
     Service, as well as business services; and, for information 
     technology, including cyber security requirements:  Provided 
     further, That funds provided under this heading may be used 
     for necessary administrative support function expenses of the 
     Forest Service not otherwise provided for and necessary for 
     its operation.

                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $258,760,000, to remain available through 
     September 30, 2024:  Provided, That of the funds provided, 
     $17,621,000 is for the forest inventory and analysis program: 
      Provided further, That all authorities for the use of funds, 
     including the use of contracts, grants, and cooperative 
     agreements, available to execute the Forest and Rangeland 
     Research appropriation, are also available in the utilization 
     of these funds for Fire Science Research.

                       state and private forestry

                    (including rescission of funds)

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     and conducting an international program and trade compliance 
     activities as authorized, $267,180,000, to remain available 
     through September 30, 2024, as authorized by law.

[[Page H7414]]

       Of the unobligated balances from amounts made available for 
     the Forest Legacy Program and derived from the Land and Water 
     Conservation Fund, $5,809,000 is hereby permanently rescinded 
     from projects with cost savings or failed or partially failed 
     projects:  Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Control 
     Act of 1985.

                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, and for hazardous 
     fuels management on or adjacent to such lands, 
     $1,786,870,000, to remain available through September 30, 
     2024:  Provided, That of the funds provided, $13,787,000 
     shall be deposited in the Collaborative Forest Landscape 
     Restoration Fund for ecological restoration treatments as 
     authorized by 16 U.S.C. 7303(f):  Provided further, That of 
     the funds provided, $37,017,000 shall be for forest products: 
      Provided further, That of the funds provided, $180,388,000 
     shall be for hazardous fuels management activities, of which 
     not to exceed $12,454,000 may be used to make grants, using 
     any authorities available to the Forest Service under the 
     ``State and Private Forestry'' appropriation, for the purpose 
     of creating incentives for increased use of biomass from 
     National Forest System lands:  Provided further, That 
     $20,000,000 may be used by the Secretary of Agriculture to 
     enter into procurement contracts or cooperative agreements or 
     to issue grants for hazardous fuels management activities, 
     and for training or monitoring associated with such hazardous 
     fuels management activities on Federal land, or on non-
     Federal land if the Secretary determines such activities 
     benefit resources on Federal land:  Provided further, That 
     funds made available to implement the Community Forestry 
     Restoration Act, Public Law 106-393, title VI, shall be 
     available for use on non-Federal lands in accordance with 
     authorities made available to the Forest Service under the 
     ``State and Private Forestry'' appropriations:  Provided 
     further, That notwithstanding section 33 of the Bankhead 
     Jones Farm Tenant Act (7 U.S.C. 1012), the Secretary of 
     Agriculture, in calculating a fee for grazing on a National 
     Grassland, may provide a credit of up to 50 percent of the 
     calculated fee to a Grazing Association or direct permittee 
     for a conservation practice approved by the Secretary in 
     advance of the fiscal year in which the cost of the 
     conservation practice is incurred, and that the amount 
     credited shall remain available to the Grazing Association or 
     the direct permittee, as appropriate, in the fiscal year in 
     which the credit is made and each fiscal year thereafter for 
     use on the project for conservation practices approved by the 
     Secretary:  Provided further, That funds appropriated to this 
     account shall be available for the base salary and expenses 
     of employees that carry out the functions funded by the 
     ``Capital Improvement and Maintenance'' account, the ``Range 
     Betterment Fund'' account, and the ``Management of National 
     Forests for Subsistence Uses'' account.

                  Capital Improvement and Maintenance

                     (including transfer of funds)

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $140,371,000, to remain available through 
     September 30, 2024, for construction, capital improvement, 
     maintenance, and acquisition of buildings and other 
     facilities and infrastructure; and for construction, 
     reconstruction, decommissioning of roads that are no longer 
     needed, including unauthorized roads that are not part of the 
     transportation system, and maintenance of forest roads and 
     trails by the Forest Service as authorized by 16 U.S.C. 532-
     538 and 23 U.S.C. 101 and 205:  Provided, That funds becoming 
     available in fiscal year 2021 under the Act of March 4, 1913 
     (16 U.S.C. 501) shall be transferred to the General Fund of 
     the Treasury and shall not be available for transfer or 
     obligation for any other purpose unless the funds are 
     appropriated.

                            land acquisition

                         (rescission of funds)

       Of the unobligated balances from amounts made available for 
     Land Acquisition and derived from the Land and Water 
     Conservation Fund, $5,619,000 is hereby permanently rescinded 
     from projects with cost savings or failed or partially failed 
     projects:  Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     requirement pursuant to the Concurrent Resolution on the 
     Budget or the Balanced Budget and Emergency Deficit Control 
     Act of 1985.

         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California; and the Ozark-St. Francis and Ouachita National 
     Forests, Arkansas; as authorized by law, $664,000, to be 
     derived from forest receipts.

            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities, 
     and for authorized expenditures from funds deposited by non-
     Federal parties pursuant to Land Sale and Exchange Acts, 
     pursuant to the Act of December 4, 1967 (16 U.S.C. 484a), to 
     remain available through September 30, 2024, (16 U.S.C. 516-
     617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and 
     Public Law 78-310).

                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the 16 Western States, pursuant 
     to section 401(b)(1) of Public Law 94-579, to remain 
     available through September 30, 2024, of which not to exceed 
     6 percent shall be available for administrative expenses 
     associated with on-the-ground range rehabilitation, 
     protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $45,000, to 
     remain available through September 30, 2024, to be derived 
     from the fund established pursuant to the above Act.

        management of national forest lands for subsistence uses

       For necessary expenses of the Forest Service to manage 
     Federal lands in Alaska for subsistence uses under title VIII 
     of the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3111 et seq.), $1,099,000, to remain available through 
     September 30, 2024.

                        wildland fire management

                     (including transfers of funds)

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     wildland fire suppression on or adjacent to such lands or 
     other lands under fire protection agreement, and for 
     emergency rehabilitation of burned-over National Forest 
     System lands and water, $1,927,241,000, to remain available 
     until expended:  Provided, That such funds including 
     unobligated balances under this heading, are available for 
     repayment of advances from other appropriations accounts 
     previously transferred for such purposes:  Provided further, 
     That any unobligated funds appropriated in a previous fiscal 
     year for hazardous fuels management may be transferred to the 
     ``National Forest System'' account:  Provided further, That 
     such funds shall be available to reimburse State and other 
     cooperating entities for services provided in response to 
     wildfire and other emergencies or disasters to the extent 
     such reimbursements by the Forest Service for non-fire 
     emergencies are fully repaid by the responsible emergency 
     management agency:  Provided further, That funds provided 
     shall be available for support to Federal emergency response: 
      Provided further, That the costs of implementing any 
     cooperative agreement between the Federal Government and any 
     non-Federal entity may be shared, as mutually agreed on by 
     the affected parties:  Provided further, That of the funds 
     provided under this heading, $1,011,000,000 shall be 
     available for wildfire suppression operations, and is 
     provided to the meet the terms of section 251(b)(2)(F)(ii)(I) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

              wildfire suppression operations reserve fund

                     (including transfers of funds)

       In addition to the amounts provided under the heading 
     ``Department of Agriculture--Forest Service--Wildland Fire 
     Management'' for wildfire suppression operations, 
     $2,040,000,000, to remain available until transferred, is 
     additional new budget authority as specified for purposes of 
     section 251(b)(2)(F) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985:  Provided, That such amounts may 
     be transferred to and merged with amounts made available 
     under the headings ``Department of the Interior--Department-
     Wide Programs--Wildland Fire Management'' and ``Department of 
     Agriculture--Forest Service--Wildland Fire Management'' for 
     wildfire suppression operations in the fiscal year in which 
     such amounts are transferred:  Provided further, That amounts 
     may be transferred to the ``Wildland Fire Management'' 
     accounts in the Department of the Interior or the Department 
     of Agriculture only upon the notification of the House and 
     Senate Committees on Appropriations that all wildfire 
     suppression operations funds appropriated under that heading 
     in this and prior appropriations Acts to the agency to which 
     the funds will be transferred will be obligated within 30 
     days:  Provided further, That the transfer authority provided 
     under this heading is in addition to any other transfer 
     authority provided by law:  Provided further, That, in 
     determining whether all wildfire suppression operations funds 
     appropriated under the heading ``Wildland Fire Management'' 
     in this and prior appropriations Acts to either the 
     Department of Agriculture or the Department of the Interior 
     will be obligated within 30 days pursuant to the previous 
     proviso, any funds transferred or permitted to be transferred 
     pursuant to any other transfer authority provided by law 
     shall be excluded.

                   communications site administration

                     (including transfer of funds)

       Amounts collected in this fiscal year pursuant to section 
     8705(f)(2) of the Agriculture Improvement Act of 2018 (Public 
     Law 115-334), shall be deposited in the special account 
     established by section 8705(f)(1) of such Act, shall be 
     available to cover the costs described in subsection (c)(3) 
     of such section of such Act, and shall remain available until 
     expended:  Provided, That such amounts shall be transferred 
     to the ``National Forest System'' account.

               administrative provisions--forest service

                     (including transfers of funds)

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of passenger motor 
     vehicles; acquisition of passenger motor vehicles from excess 
     sources, and hire of such vehicles; purchase,

[[Page H7415]]

     lease, operation, maintenance, and acquisition of aircraft to 
     maintain the operable fleet for use in Forest Service 
     wildland fire programs and other Forest Service programs; 
     notwithstanding other provisions of law, existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
     exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
     purchase, erection, and alteration of buildings and other 
     public improvements (7 U.S.C. 2250); (4) acquisition of land, 
     waters, and interests therein pursuant to 7 U.S.C. 428a; (5) 
     for expenses pursuant to the Volunteers in the National 
     Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
     the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and 
     (7) for debt collection contracts in accordance with 31 
     U.S.C. 3718(c).
       Funds made available to the Forest Service in this Act may 
     be transferred between accounts affected by the Forest 
     Service budget restructure outlined in section 435 of 
     division D of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94):  Provided, That any transfer of 
     funds pursuant to this paragraph shall not increase or 
     decrease the funds appropriated to any account in this fiscal 
     year by more than ten percent:  Provided further, That such 
     transfer authority is in addition to any other transfer 
     authority provided by law.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions upon the Secretary of Agriculture's 
     notification of the House and Senate Committees on 
     Appropriations that all fire suppression funds appropriated 
     under the heading ``Wildland Fire Management'' will be 
     obligated within 30 days:  Provided, That all funds used 
     pursuant to this paragraph must be replenished by a 
     supplemental appropriation which must be requested as 
     promptly as possible.
       Not more than $50,000,000 of funds appropriated to the 
     Forest Service shall be available for expenditure or transfer 
     to the Department of the Interior for wildland fire 
     management, hazardous fuels management, and State fire 
     assistance when such transfers would facilitate and expedite 
     wildland fire management programs and projects.
       Notwithstanding any other provision of this Act, the Forest 
     Service may transfer unobligated balances of discretionary 
     funds appropriated to the Forest Service by this Act to or 
     within the National Forest System Account, or reprogram funds 
     to be used for the purposes of hazardous fuels management and 
     urgent rehabilitation of burned-over National Forest System 
     lands and water, such transferred funds shall remain 
     available through September 30, 2024:  Provided, That none of 
     the funds transferred pursuant to this section shall be 
     available for obligation without written notification to and 
     the prior approval of the Committees on Appropriations of 
     both Houses of Congress.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development in connection with forest and rangeland research, 
     technical information, and assistance in foreign countries, 
     and shall be available to support forestry and related 
     natural resource activities outside the United States and its 
     territories and possessions, including technical assistance, 
     education and training, and cooperation with U.S., private, 
     and international organizations. The Forest Service, acting 
     for the International Program, may sign direct funding 
     agreements with foreign governments and institutions as well 
     as other domestic agencies (including the U.S. Agency for 
     International Development, the Department of State, and the 
     Millennium Challenge Corporation), U.S. private sector firms, 
     institutions and organizations to provide technical 
     assistance and training programs overseas on forestry and 
     rangeland management.
       Funds appropriated to the Forest Service shall be available 
     for expenditure or transfer to the Department of the 
     Interior, Bureau of Land Management, for removal, 
     preparation, and adoption of excess wild horses and burros 
     from National Forest System lands, and for the performance of 
     cadastral surveys to designate the boundaries of such lands.
       None of the funds made available to the Forest Service in 
     this Act or any other Act with respect to any fiscal year 
     shall be subject to transfer under the provisions of section 
     702(b) of the Department of Agriculture Organic Act of 1944 
     (7 U.S.C. 2257), section 442 of Public Law 106-224 (7 U.S.C. 
     7772), or section 10417(b) of Public Law 107-171 (7 U.S.C. 
     8316(b)).
       Not more than $82,000,000 of funds available to the Forest 
     Service shall be transferred to the Working Capital Fund of 
     the Department of Agriculture and not more than $14,500,000 
     of funds available to the Forest Service shall be transferred 
     to the Department of Agriculture for Department Reimbursable 
     Programs, commonly referred to as Greenbook charges. Nothing 
     in this paragraph shall prohibit or limit the use of 
     reimbursable agreements requested by the Forest Service in 
     order to obtain information technology services, including 
     telecommunications and system modifications or enhancements, 
     from the Working Capital Fund of the Department of 
     Agriculture.
       Of the funds available to the Forest Service, up to 
     $5,000,000 shall be available for priority projects within 
     the scope of the approved budget, which shall be carried out 
     by the Youth Conservation Corps and shall be carried out 
     under the authority of the Public Lands Corps Act of 1993 (16 
     U.S.C. 1721 et seq.).
       Of the funds available to the Forest Service, $4,000 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     $3,000,000 may be advanced in a lump sum to the National 
     Forest Foundation to aid conservation partnership projects in 
     support of the Forest Service mission, without regard to when 
     the Foundation incurs expenses, for projects on or 
     benefitting National Forest System lands or related to Forest 
     Service programs:  Provided, That of the Federal funds made 
     available to the Foundation, no more than $300,000 shall be 
     available for administrative expenses:  Provided further, 
     That the Foundation shall obtain, by the end of the period of 
     Federal financial assistance, private contributions to match 
     funds made available by the Forest Service on at least a one-
     for-one basis:  Provided further, That the Foundation may 
     transfer Federal funds to a Federal or a non-Federal 
     recipient for a project at the same rate that the recipient 
     has obtained the non-Federal matching funds.
       Pursuant to section 2(b)(2) of Public Law 98-244, up to 
     $3,000,000 of the funds available to the Forest Service may 
     be advanced to the National Fish and Wildlife Foundation in a 
     lump sum to aid cost-share conservation projects, without 
     regard to when expenses are incurred, on or benefitting 
     National Forest System lands or related to Forest Service 
     programs:  Provided, That such funds shall be matched on at 
     least a one-for-one basis by the Foundation or its sub-
     recipients:  Provided further, That the Foundation may 
     transfer Federal funds to a Federal or non-Federal recipient 
     for a project at the same rate that the recipient has 
     obtained the non-Federal matching funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities and natural resource-based businesses for 
     sustainable rural development purposes.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to section 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       Any funds appropriated to the Forest Service may be used to 
     meet the non-Federal share requirement in section 502(c) of 
     the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
       The Forest Service shall not assess funds for the purpose 
     of performing fire, administrative, and other facilities 
     maintenance and decommissioning.
       Notwithstanding any other provision of law, of any 
     appropriations or funds available to the Forest Service, not 
     to exceed $500,000 may be used to reimburse the Office of the 
     General Counsel (OGC), Department of Agriculture, for travel 
     and related expenses incurred as a result of OGC assistance 
     or participation requested by the Forest Service at meetings, 
     training sessions, management reviews, land purchase 
     negotiations, and similar matters unrelated to civil 
     litigation. Future budget justifications for both the Forest 
     Service and the Department of Agriculture should clearly 
     display the sums previously transferred and the sums 
     requested for transfer.
       An eligible individual who is employed in any project 
     funded under title V of the Older Americans Act of 1965 (42 
     U.S.C. 3056 et seq.) and administered by the Forest Service 
     shall be considered to be a Federal employee for purposes of 
     chapter 171 of title 28, United States Code.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination and 
     Education Assistance Act, the Indian Health Care Improvement 
     Act, and titles II and III of the Public Health Service Act 
     with respect to the Indian Health Service, $4,301,391,000 to 
     remain available until September 30, 2022, except as 
     otherwise provided herein, together with payments received 
     during the fiscal year pursuant to sections 231(b) and 233 of 
     the Public Health Service Act (42 U.S.C. 238(b) and 238b), 
     for services furnished by the Indian Health Service:  
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation:  Provided further, That $2,500,000 shall be 
     available for grants or contracts with public or private 
     institutions to provide alcohol or drug treatment services to 
     Indians, including alcohol detoxification services: Provided 
     further, That $975,856,000 for Purchased/Referred Care, 
     including $53,000,000 for the Indian Catastrophic Health 
     Emergency Fund, shall remain available until expended: 
     Provided further, That of the funds provided, up to 
     $41,000,000 shall remain available until expended for 
     implementation of the loan repayment program under section 
     108 of the Indian Health Care Improvement Act:  Provided 
     further, That of the funds provided, $58,000,000 shall be for 
     costs related to or resulting from accreditation emergencies, 
     including supplementing activities funded under the heading 
     ``Indian Health Facilities,'' of which up to $4,000,000 may 
     be used to supplement amounts otherwise available for 
     Purchased/Referred Care:  Provided further, That the amounts 
     collected by the Federal Government as authorized by sections 
     104 and 108 of the Indian Health Care Improvement Act (25 
     U.S.C. 1613a and 1616a) during the preceding fiscal year for 
     breach of contracts shall be deposited in the Fund authorized 
     by section 108A of that Act (25 U.S.C. 1616a-1) and shall 
     remain available until expended and, notwithstanding section 
     108A(c) of that Act (25 U.S.C. 1616a-1(c)), funds shall be 
     available to make

[[Page H7416]]

     new awards under the loan repayment and scholarship programs 
     under sections 104 and 108 of that Act (25 U.S.C. 1613a and 
     1616a):  Provided further, That the amounts made available 
     within this account for the Substance Abuse and Suicide 
     Prevention Program, for Opioid Prevention, Treatment and 
     Recovery Services, for the Domestic Violence Prevention 
     Program, for the Zero Suicide Initiative, for the housing 
     subsidy authority for civilian employees, for Aftercare Pilot 
     Programs at Youth Regional Treatment Centers, for 
     transformation and modernization costs of the Indian Health 
     Service Electronic Health Record system, for national quality 
     and oversight activities, to improve collections from public 
     and private insurance at Indian Health Service and tribally 
     operated facilities, for an initiative to treat or reduce the 
     transmission of HIV and HCV, for a maternal health 
     initiative, for the Telebehaviorial Health Center of 
     Excellence, for Alzheimer's grants, for Village Built Clinics 
     and for accreditation emergencies shall be allocated at the 
     discretion of the Director of the Indian Health Service and 
     shall remain available until expended:  Provided further, 
     That funds provided in this Act may be used for annual 
     contracts and grants that fall within 2 fiscal years, 
     provided the total obligation is recorded in the year the 
     funds are appropriated:  Provided further, That the amounts 
     collected by the Secretary of Health and Human Services under 
     the authority of title IV of the Indian Health Care 
     Improvement Act (25 U.S.C. 1613) shall remain available until 
     expended for the purpose of achieving compliance with the 
     applicable conditions and requirements of titles XVIII and 
     XIX of the Social Security Act, except for those related to 
     the planning, design, or construction of new facilities:  
     Provided further, That funding contained herein for 
     scholarship programs under the Indian Health Care Improvement 
     Act (25 U.S.C. 1613) shall remain available until expended:  
     Provided further, That amounts received by tribes and tribal 
     organizations under title IV of the Indian Health Care 
     Improvement Act shall be reported and accounted for and 
     available to the receiving tribes and tribal organizations 
     until expended:  Provided further, That the Bureau of Indian 
     Affairs may collect from the Indian Health Service, and from 
     tribes and tribal organizations operating health facilities 
     pursuant to Public Law 93-638, such individually identifiable 
     health information relating to disabled children as may be 
     necessary for the purpose of carrying out its functions under 
     the Individuals with Disabilities Education Act (20 U.S.C. 
     1400 et seq.):  Provided further, That of the funds provided, 
     $72,280,000 is for the Indian Health Care Improvement Fund 
     and may be used, as needed, to carry out activities typically 
     funded under the Indian Health Facilities account:  Provided 
     further, That none of the funds appropriated by this Act, or 
     any other Act, to the Indian Health Service for the 
     Electronic Health Record system shall be available for 
     obligation or expenditure for the selection or implementation 
     of a new Information Technology infrastructure system, unless 
     the Committees on Appropriations of the House of 
     Representatives and the Senate are consulted 90 days in 
     advance of such obligation:  Provided further, That none of 
     the amounts made available under this heading to the Indian 
     Health Service for the Electronic Health Record system shall 
     be available for obligation or expenditure for the selection 
     or implementation of a new Information Technology 
     Infrastructure system until the report and directive is 
     received by the Committees on Appropriations of the House of 
     Representatives and the Senate in accordance with the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

                         contract support costs

       For payments to tribes and tribal organizations for 
     contract support costs associated with Indian Self-
     Determination and Education Assistance Act agreements with 
     the Indian Health Service for fiscal year 2021, such sums as 
     may be necessary:  Provided, That notwithstanding any other 
     provision of law, no amounts made available under this 
     heading shall be available for transfer to another budget 
     account:  Provided further, That amounts obligated but not 
     expended by a tribe or tribal organization for contract 
     support costs for such agreements for the current fiscal year 
     shall be applied to contract support costs due for such 
     agreements for subsequent fiscal years.

                       payments for tribal leases

       For payments to tribes and tribal organizations for leases 
     pursuant to section 105(l) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 5324(l)) for fiscal 
     year 2021, such sums as may be necessary, which shall be 
     available for obligation through September 30, 2022:  
     Provided, That notwithstanding any other provision of law, no 
     amounts made available under this heading shall be available 
     for transfer to another budget account.

                        indian health facilities

       For construction, repair, maintenance, demolition, 
     improvement, and equipment of health and related auxiliary 
     facilities, including quarters for personnel; preparation of 
     plans, specifications, and drawings; acquisition of sites, 
     purchase and erection of modular buildings, and purchases of 
     trailers; and for provision of domestic and community 
     sanitation facilities for Indians, as authorized by section 7 
     of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian 
     Self-Determination Act, and the Indian Health Care 
     Improvement Act, and for expenses necessary to carry out such 
     Acts and titles II and III of the Public Health Service Act 
     with respect to environmental health and facilities support 
     activities of the Indian Health Service, $917,888,000 to 
     remain available until expended:  Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction, 
     renovation, or expansion of health facilities for the benefit 
     of an Indian tribe or tribes may be used to purchase land on 
     which such facilities will be located:  Provided further, 
     That not to exceed $500,000 may be used by the Indian Health 
     Service to purchase TRANSAM equipment from the Department of 
     Defense for distribution to the Indian Health Service and 
     tribal facilities:  Provided further, That none of the funds 
     appropriated to the Indian Health Service may be used for 
     sanitation facilities construction for new homes funded with 
     grants by the housing programs of the United States 
     Department of Housing and Urban Development.

            administrative provisions--indian health service

       Appropriations provided in this Act to the Indian Health 
     Service shall be available for services as authorized by 5 
     U.S.C. 3109 at rates not to exceed the per diem rate 
     equivalent to the maximum rate payable for senior-level 
     positions under 5 U.S.C. 5376; hire of passenger motor 
     vehicles and aircraft; purchase of medical equipment; 
     purchase of reprints; purchase, renovation, and erection of 
     modular buildings and renovation of existing facilities; 
     payments for telephone service in private residences in the 
     field, when authorized under regulations approved by the 
     Secretary of Health and Human Services; uniforms, or 
     allowances therefor as authorized by 5 U.S.C. 5901-5902; and 
     for expenses of attendance at meetings that relate to the 
     functions or activities of the Indian Health Service:  
     Provided, That in accordance with the provisions of the 
     Indian Health Care Improvement Act, non-Indian patients may 
     be extended health care at all tribally administered or 
     Indian Health Service facilities, subject to charges, and the 
     proceeds along with funds recovered under the Federal Medical 
     Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to 
     the account of the facility providing the service and shall 
     be available without fiscal year limitation:  Provided 
     further, That notwithstanding any other law or regulation, 
     funds transferred from the Department of Housing and Urban 
     Development to the Indian Health Service shall be 
     administered under Public Law 86-121, the Indian Sanitation 
     Facilities Act and Public Law 93-638:  Provided further, That 
     funds appropriated to the Indian Health Service in this Act, 
     except those used for administrative and program direction 
     purposes, shall not be subject to limitations directed at 
     curtailing Federal travel and transportation:  Provided 
     further, That none of the funds made available to the Indian 
     Health Service in this Act shall be used for any assessments 
     or charges by the Department of Health and Human Services 
     unless identified in the budget justification and provided in 
     this Act, or approved by the House and Senate Committees on 
     Appropriations through the reprogramming process:  Provided 
     further, That notwithstanding any other provision of law, 
     funds previously or herein made available to a tribe or 
     tribal organization through a contract, grant, or agreement 
     authorized by title I or title V of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title V of such Act and thereafter shall 
     remain available to the tribe or tribal organization without 
     fiscal year limitation:  Provided further, That none of the 
     funds made available to the Indian Health Service in this Act 
     shall be used to implement the final rule published in the 
     Federal Register on September 16, 1987, by the Department of 
     Health and Human Services, relating to the eligibility for 
     the health care services of the Indian Health Service until 
     the Indian Health Service has submitted a budget request 
     reflecting the increased costs associated with the proposed 
     final rule, and such request has been included in an 
     appropriations Act and enacted into law:  Provided further, 
     That with respect to functions transferred by the Indian 
     Health Service to tribes or tribal organizations, the Indian 
     Health Service is authorized to provide goods and services to 
     those entities on a reimbursable basis, including payments in 
     advance with subsequent adjustment, and the reimbursements 
     received therefrom, along with the funds received from those 
     entities pursuant to the Indian Self-Determination Act, may 
     be credited to the same or subsequent appropriation account 
     from which the funds were originally derived, with such 
     amounts to remain available until expended:  Provided 
     further, That reimbursements for training, technical 
     assistance, or services provided by the Indian Health Service 
     will contain total costs, including direct, administrative, 
     and overhead costs associated with the provision of goods, 
     services, or technical assistance:  Provided further, That 
     the Indian Health Service may provide to civilian medical 
     personnel serving in hospitals operated by the Indian Health 
     Service housing allowances equivalent to those that would be 
     provided to members of the Commissioned Corps of the United 
     States Public Health Service serving in similar positions at 
     such hospitals:  Provided further, That the appropriation 
     structure for the Indian Health Service may not be altered 
     without advance notification to the House and Senate 
     Committees on Appropriations.

                     National Institutes of Health

          national institute of environmental health sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9660(a)) and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986, $81,500,000.

[[Page H7417]]

  


            Agency for Toxic Substances and Disease Registry

            toxic substances and environmental public health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i) and 111(c)(4) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA) and section 3019 of the Solid Waste Disposal 
     Act, $78,000,000:  Provided, That notwithstanding any other 
     provision of law, in lieu of performing a health assessment 
     under section 104(i)(6) of CERCLA, the Administrator of ATSDR 
     may conduct other appropriate health studies, evaluations, or 
     activities, including, without limitation, biomedical 
     testing, clinical evaluations, medical monitoring, and 
     referral to accredited healthcare providers:  Provided 
     further, That in performing any such health assessment or 
     health study, evaluation, or activity, the Administrator of 
     ATSDR shall not be bound by the deadlines in section 
     104(i)(6)(A) of CERCLA:  Provided further, That none of the 
     funds appropriated under this heading shall be available for 
     ATSDR to issue in excess of 40 toxicological profiles 
     pursuant to section 104(i) of CERCLA during fiscal year 2021, 
     and existing profiles may be updated as necessary.

                         OTHER RELATED AGENCIES

                   Executive Office of the President

  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of 1977, and not to 
     exceed $750 for official reception and representation 
     expenses, $3,500,000:  Provided, That notwithstanding section 
     202 of the National Environmental Policy Act of 1970, the 
     Council shall consist of one member, appointed by the 
     President, by and with the advice and consent of the Senate, 
     serving as chairman and exercising all powers, functions, and 
     duties of the Council.

             Chemical Safety and Hazard Investigation Board

                         salaries and expenses

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, including hire of 
     passenger vehicles, uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902, and for services authorized 
     by 5 U.S.C. 3109 but at rates for individuals not to exceed 
     the per diem equivalent to the maximum rate payable for 
     senior level positions under 5 U.S.C. 5376, $12,000,000:  
     Provided, That the Chemical Safety and Hazard Investigation 
     Board (Board) shall have not more than three career Senior 
     Executive Service positions:  Provided further, That 
     notwithstanding any other provision of law, the individual 
     appointed to the position of Inspector General of the 
     Environmental Protection Agency (EPA) shall, by virtue of 
     such appointment, also hold the position of Inspector General 
     of the Board:  Provided further, That notwithstanding any 
     other provision of law, the Inspector General of the Board 
     shall utilize personnel of the Office of Inspector General of 
     EPA in performing the duties of the Inspector General of the 
     Board, and shall not appoint any individuals to positions 
     within the Board.

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $4,000,000, to remain available until expended:  Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories:  Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for such 
     household:  Provided further, That no relocatee will be 
     provided with more than one new or replacement home:  
     Provided further, That the Office shall relocate any 
     certified eligible relocatees who have selected and received 
     an approved homesite on the Navajo reservation or selected a 
     replacement residence off the Navajo reservation or on the 
     land acquired pursuant to section 11 of Public Law 93-531 (88 
     Stat. 1716).

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by part A 
     of title XV of Public Law 99-498 (20 U.S.C. 4411 et seq.), 
     $10,772,000, which shall become available on July 1, 2021, 
     and shall remain available until September 30, 2022.

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education, training, and museum assistance 
     programs; maintenance, alteration, operation, lease 
     agreements of no more than 30 years, and protection of 
     buildings, facilities, and approaches; not to exceed $100,000 
     for services as authorized by 5 U.S.C. 3109; and purchase, 
     rental, repair, and cleaning of uniforms for employees, 
     $818,192,000, to remain available until September 30, 2022, 
     except as otherwise provided herein; of which not to exceed 
     $6,957,000 for the instrumentation program, collections 
     acquisition, exhibition reinstallation, and the repatriation 
     of skeletal remains program shall remain available until 
     expended; and including such funds as may be necessary to 
     support American overseas research centers:  Provided, That 
     funds appropriated herein are available for advance payments 
     to independent contractors performing research services or 
     participating in official Smithsonian presentations:  
     Provided further, That the Smithsonian Institution may expend 
     Federal appropriations designated in this Act for lease or 
     rent payments, as rent payable to the Smithsonian 
     Institution, and such rent payments may be deposited into the 
     general trust funds of the Institution to be available as 
     trust funds for expenses associated with the purchase of a 
     portion of the building at 600 Maryland Avenue, SW, 
     Washington, DC, to the extent that federally supported 
     activities will be housed there:  Provided further, That the 
     use of such amounts in the general trust funds of the 
     Institution for such purpose shall not be construed as 
     Federal debt service for, a Federal guarantee of, a transfer 
     of risk to, or an obligation of the Federal Government:  
     Provided further, That no appropriated funds may be used 
     directly to service debt which is incurred to finance the 
     costs of acquiring a portion of the building at 600 Maryland 
     Avenue, SW, Washington, DC, or of planning, designing, and 
     constructing improvements to such building:  Provided 
     further, That any agreement entered into by the Smithsonian 
     Institution for the sale of its ownership interest, or any 
     portion thereof, in such building so acquired may not take 
     effect until the expiration of a 30 day period which begins 
     on the date on which the Secretary of the Smithsonian submits 
     to the Committees on Appropriations of the House of 
     Representatives and Senate, the Committees on House 
     Administration and Transportation and Infrastructure of the 
     House of Representatives, and the Committee on Rules and 
     Administration of the Senate a report, as outlined in the 
     explanatory statement described in section 4 of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 
     Stat. 2536) on the intended sale.

                           facilities capital

       For necessary expenses of repair, revitalization, and 
     alteration of facilities owned or occupied by the Smithsonian 
     Institution, by contract or otherwise, as authorized by 
     section 2 of the Act of August 22, 1949 (63 Stat. 623), and 
     for construction, including necessary personnel, 
     $214,530,000, to remain available until expended, of which 
     not to exceed $10,000 shall be for services as authorized by 
     5 U.S.C. 3109.

                        National Gallery of Art

                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     76th Congress), including services as authorized by 5 U.S.C. 
     3109; payment in advance when authorized by the treasurer of 
     the Gallery for membership in library, museum, and art 
     associations or societies whose publications or services are 
     available to members only, or to members at a price lower 
     than to the general public; purchase, repair, and cleaning of 
     uniforms for guards, and uniforms, or allowances therefor, 
     for other employees as authorized by law (5 U.S.C. 5901-
     5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $153,242,000, 
     to remain available until September 30, 2022, of which not to 
     exceed $3,700,000 for the special exhibition program shall 
     remain available until expended.

            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration, and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, for operating lease agreements of no more than 10 
     years, with no extensions or renewals beyond the 10 years, 
     that address space needs created by the ongoing renovations 
     in the Master Facilities Plan, as authorized, $23,203,000, to 
     remain available until expended:  Provided, That of this 
     amount, $1,510,000 shall be available for design of an off-
     site art storage facility in partnership with the Smithsonian 
     Institution:  Provided further, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts

                       operations and maintenance

       For necessary expenses for the operation, maintenance, and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $26,400,000, to remain available until September, 30, 
     2022.

[[Page H7418]]

  


                     capital repair and restoration

       For necessary expenses for capital repair and restoration 
     of the existing features of the building and site of the John 
     F. Kennedy Center for the Performing Arts, $14,000,000, to 
     remain available until expended.

            Woodrow Wilson International Center for Scholars

                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $14,000,000, to remain available 
     until September 30, 2022.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, $167,500,000 
     shall be available to the National Endowment for the Arts for 
     the support of projects and productions in the arts, 
     including arts education and public outreach activities, 
     through assistance to organizations and individuals pursuant 
     to section 5 of the Act, for program support, and for 
     administering the functions of the Act, to remain available 
     until expended.

                 National Endowment for the Humanities

                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, $167,500,000 to 
     remain available until expended, of which $152,500,000 shall 
     be available for support of activities in the humanities, 
     pursuant to section 7(c) of the Act and for administering the 
     functions of the Act; and $15,000,000 shall be available to 
     carry out the matching grants program pursuant to section 
     10(a)(2) of the Act, including $13,000,000 for the purposes 
     of section 7(h):  Provided, That appropriations for carrying 
     out section 10(a)(2) shall be available for obligation only 
     in such amounts as may be equal to the total amounts of 
     gifts, bequests, devises of money, and other property 
     accepted by the chairman or by grantees of the National 
     Endowment for the Humanities under the provisions of sections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                       Administrative Provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913:  Provided, That none of the funds 
     appropriated to the National Foundation on the Arts and the 
     Humanities may be used for official reception and 
     representation expenses:  Provided further, That funds from 
     nonappropriated sources may be used as necessary for official 
     reception and representation expenses:  Provided further, 
     That the Chairperson of the National Endowment for the Arts 
     may approve grants of up to $10,000, if in the aggregate the 
     amount of such grants does not exceed 5 percent of the sums 
     appropriated for grantmaking purposes per year:  Provided 
     further, That such small grant actions are taken pursuant to 
     the terms of an expressed and direct delegation of authority 
     from the National Council on the Arts to the Chairperson.

                        Commission of Fine Arts

                         salaries and expenses

       For expenses of the Commission of Fine Arts under chapter 
     91 of title 40, United States Code, $3,240,000:  Provided, 
     That the Commission is authorized to charge fees to cover the 
     full costs of its publications, and such fees shall be 
     credited to this account as an offsetting collection, to 
     remain available until expended without further 
     appropriation:  Provided further, That the Commission is 
     authorized to accept gifts, including objects, papers, 
     artwork, drawings and artifacts, that pertain to the history 
     and design of the Nation's Capital or the history and 
     activities of the Commission of Fine Arts, for the purpose of 
     artistic display, study, or education:  Provided further, 
     That one-tenth of one percent of the funds provided under 
     this heading may be used for official reception and 
     representation expenses.

               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956a), $5,000,000.

               Advisory Council on Historic Preservation

                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665), $7,400,000.

                  National Capital Planning Commission

                         salaries and expenses

       For necessary expenses of the National Capital Planning 
     Commission under chapter 87 of title 40, United States Code, 
     including services as authorized by 5 U.S.C. 3109, 
     $8,124,000:  Provided, That one-quarter of 1 percent of the 
     funds provided under this heading may be used for official 
     reception and representational expenses associated with 
     hosting international visitors engaged in the planning and 
     physical development of world capitals.

                United States Holocaust Memorial Museum

                       holocaust memorial museum

       For expenses of the Holocaust Memorial Museum, as 
     authorized by Public Law 106-292 (36 U.S.C. 2301-2310), 
     $61,388,000, of which $715,000 shall remain available until 
     September 30, 2023, for the Museum's equipment replacement 
     program; and of which $3,000,000 for the Museum's repair and 
     rehabilitation program and $1,264,000 for the Museum's 
     outreach initiatives program shall remain available until 
     expended.

                             Presidio Trust

       The Presidio Trust is authorized to issue obligations to 
     the Secretary of the Treasury pursuant to section 104(d)(3) 
     of the Omnibus Parks and Public Lands Management Act of 1996 
     (Public Law 104-333), in an amount not to exceed $20,000,000.

                Dwight D. Eisenhower Memorial Commission

                         salaries and expenses

       For necessary expenses of the Dwight D. Eisenhower Memorial 
     Commission, $1,000,000, to remain available until expended.

                   world war i centennial commission

                         salaries and expenses

       Notwithstanding section 9 of the World War I Centennial 
     Commission Act, as authorized by the World War I Centennial 
     Commission Act (Public Law 112-272) and the Carl Levin and 
     Howard P. ``Buck'' McKeon National Defense Authorization Act 
     for Fiscal Year 2015 (Public Law 113-291), for necessary 
     expenses of the World War I Centennial Commission, 
     $7,000,000, to remain available until September 30, 2022:  
     Provided, That in addition to the authority provided by 
     section 6(g) of such Act, the World War I Commission may 
     accept money, in-kind personnel services, contractual 
     support, or any appropriate support from any executive branch 
     agency for activities of the Commission.

  alyce spotted bear and walter soboleff commission on native children

       For necessary expenses of the Alyce Spotted Bear and Walter 
     Soboleff Commission on Native Children (referred to in this 
     paragraph as the ``Commission''), $500,000, to remain 
     available until September 30, 2022:  Provided, That in 
     addition to the authority provided by section 3(g)(5) and 
     3(h) of Public Law 114-244, the Commission may hereafter 
     accept in-kind personnel services, contractual support, or 
     any appropriate support from any executive branch agency for 
     activities of the Commission.

                                TITLE IV

                           GENERAL PROVISIONS

                     (including transfers of funds)

                      restriction on use of funds

       Sec. 401.  No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which Congressional action is not complete other than to 
     communicate to Members of Congress as described in 18 U.S.C. 
     1913.

                      obligation of appropriations

       Sec. 402.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.

                 disclosure of administrative expenses

       Sec. 403.  The amount and basis of estimated overhead 
     charges, deductions, reserves, or holdbacks, including 
     working capital fund and cost pool charges, from programs, 
     projects, activities and subactivities to support government-
     wide, departmental, agency, or bureau administrative 
     functions or headquarters, regional, or central operations 
     shall be presented in annual budget justifications and 
     subject to approval by the Committees on Appropriations of 
     the House of Representatives and the Senate. Changes to such 
     estimates shall be presented to the Committees on 
     Appropriations for approval.

                          mining applications

       Sec. 404. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--Subsection (a) shall not apply if the 
     Secretary of the Interior determines that, for the claim 
     concerned: (1) a patent application was filed with the 
     Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims, sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 2022, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Natural Resources of the 
     House and the Committee on Energy and Natural Resources of 
     the Senate a report on actions taken by the Department under 
     the plan submitted pursuant to section 314(c) of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Director of the Bureau of 
     Land Management to conduct a mineral examination of the 
     mining claims or mill sites contained in a patent application 
     as set forth in subsection (b). The Bureau of Land Management 
     shall have the sole responsibility to choose and pay the 
     third-party contractor in accordance with the standard 
     procedures employed by the Bureau of Land Management in the 
     retention of third-party contractors.

             contract support costs, prior year limitation

       Sec. 405.  Sections 405 and 406 of division F of the 
     Consolidated and Further Continuing Appropriations Act, 2015 
     (Public Law 113-235) shall continue in effect in fiscal year 
     2021.

          contract support costs, fiscal year 2021 limitation

       Sec. 406.  Amounts provided by this Act for fiscal year 
     2021 under the headings ``Department

[[Page H7419]]

     of Health and Human Services, Indian Health Service, Contract 
     Support Costs'' and ``Department of the Interior, Bureau of 
     Indian Affairs and Bureau of Indian Education, Contract 
     Support Costs'' are the only amounts available for contract 
     support costs arising out of self-determination or self-
     governance contracts, grants, compacts, or annual funding 
     agreements for fiscal year 2021 with the Bureau of Indian 
     Affairs, Bureau of Indian Education, and the Indian Health 
     Service:  Provided, That such amounts provided by this Act 
     are not available for payment of claims for contract support 
     costs for prior years, or for repayments of payments for 
     settlements or judgments awarding contract support costs for 
     prior years.

                        forest management plans

       Sec. 407.  The Secretary of Agriculture shall not be 
     considered to be in violation of subparagraph 6(f)(5)(A) of 
     the Forest and Rangeland Renewable Resources Planning Act of 
     1974 (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 
     years have passed without revision of the plan for a unit of 
     the National Forest System. Nothing in this section exempts 
     the Secretary from any other requirement of the Forest and 
     Rangeland Renewable Resources Planning Act (16 U.S.C. 1600 et 
     seq.) or any other law:  Provided, That if the Secretary is 
     not acting expeditiously and in good faith, within the 
     funding available, to revise a plan for a unit of the 
     National Forest System, this section shall be void with 
     respect to such plan and a court of proper jurisdiction may 
     order completion of the plan on an accelerated basis.

                 prohibition within national monuments

       Sec. 408.  No funds provided in this Act may be expended to 
     conduct preleasing, leasing and related activities under 
     either the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) 
     within the boundaries of a National Monument established 
     pursuant to the Act of June 8, 1906 (16 U.S.C. 431 et seq.) 
     as such boundary existed on January 20, 2001, except where 
     such activities are allowed under the Presidential 
     proclamation establishing such monument.

                         limitation on takings

       Sec. 409.  Unless otherwise provided herein, no funds 
     appropriated in this Act for the acquisition of lands or 
     interests in lands may be expended for the filing of 
     declarations of taking or complaints in condemnation without 
     the approval of the House and Senate Committees on 
     Appropriations:  Provided, That this provision shall not 
     apply to funds appropriated to implement the Everglades 
     National Park Protection and Expansion Act of 1989, or to 
     funds appropriated for Federal assistance to the State of 
     Florida to acquire lands for Everglades restoration purposes.

                    prohibition on no-bid contracts

       Sec. 410.  None of the funds appropriated or otherwise made 
     available by this Act to executive branch agencies may be 
     used to enter into any Federal contract unless such contract 
     is entered into in accordance with the requirements of 
     Chapter 33 of title 41, United States Code, or Chapter 137 of 
     title 10, United States Code, and the Federal Acquisition 
     Regulation, unless--
       (1) Federal law specifically authorizes a contract to be 
     entered into without regard for these requirements, including 
     formula grants for States, or federally recognized Indian 
     tribes;
       (2) such contract is authorized by the Indian Self-
     Determination and Education Assistance Act (Public Law 93-
     638, 25 U.S.C. 450 et seq.) or by any other Federal laws that 
     specifically authorize a contract within an Indian tribe as 
     defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
       (3) such contract was awarded prior to the date of 
     enactment of this Act.

                           posting of reports

       Sec. 411. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public website of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains proprietary information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.

            national endowment for the arts grant guidelines

       Sec. 412.  Of the funds provided to the National Endowment 
     for the Arts--
       (1) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (2) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       (3) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs or projects.

           national endowment for the arts program priorities

       Sec. 413. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals, including urban minorities, who have 
     historically been outside the purview of arts and humanities 
     programs due to factors such as a high incidence of income 
     below the poverty line or to geographic isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.

                national endowment for the arts waivers

       Sec. 414.  Notwithstanding any other provision of law, 
     funds made available under the heading ``National Foundation 
     on the Arts and the Humanities--National Endowment for the 
     Arts--Grants and Administration'' of this Act and under such 
     heading for fiscal years 2019 and 2020 for grants for the 
     purposes described in section 5(c) of the National Foundation 
     on the Arts and Humanities Act of 1965 (20 U.S.C. 954(c)) may 
     also be used by the recipients of such grants for purposes of 
     the general operations of such recipients.

             national endowment for the humanities waivers

       Sec. 415.  Notwithstanding any other provision of law, 
     funds made available under the heading ``National Foundation 
     on the Arts and the Humanities--National Endowment for the 
     Humanities--Grants and Administration'' of this Act and under 
     such heading for fiscal years 2019 and 2020 for grants for 
     the purposes described in section 7(c) and 7(h)(1) of the 
     National Foundation on the Arts and Humanities Act of 1965 
     may also be used by the recipients of such grants for 
     purposes of the general operations of such recipients.

                  status of balances of appropriations

       Sec. 416.  The Department of the Interior, the 
     Environmental Protection Agency, the Forest Service, and the 
     Indian Health Service shall provide the Committees on 
     Appropriations of the House of Representatives and Senate 
     quarterly reports on the status of balances of appropriations 
     including all uncommitted, committed, and unobligated funds 
     in each program and activity within 60 days of enactment of 
     this Act.

                      extension of grazing permits

       Sec. 417.  The terms and conditions of section 325 of 
     Public Law 108-108 (117 Stat. 1307), regarding grazing 
     permits issued by the Forest Service on any lands not subject 
     to administration under section 402 of the Federal Lands 
     Policy and Management Act (43 U.S.C. 1752), shall remain in 
     effect for fiscal year 2021.

                          funding prohibition

       Sec. 418. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network is designed to block access to 
     pornography websites.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.

                humane transfer and treatment of animals

       Sec. 419. (a) Notwithstanding any other provision of law, 
     the Secretary of the Interior, with respect to land 
     administered by the Bureau of Land Management, or the 
     Secretary of Agriculture, with respect to land administered 
     by the Forest Service (referred to in this section as the 
     ``Secretary concerned''), may transfer excess wild horses and 
     burros that have been removed from land administered by the 
     Secretary concerned to other Federal, State, and local 
     government agencies for use as work animals.
       (b) The Secretary concerned may make a transfer under 
     subsection (a) immediately on the request of a Federal, 
     State, or local government agency.
       (c) An excess wild horse or burro transferred under 
     subsection (a) shall lose status as a wild free-roaming horse 
     or burro (as defined in section 2 of Public Law 92-195 
     (commonly known as the ``Wild Free-Roaming Horses and Burros 
     Act'') (16 U.S.C. 1332)).
       (d) A Federal, State, or local government agency receiving 
     an excess wild horse or burro pursuant to subsection (a) 
     shall not--
       (1) destroy the horse or burro in a manner that results in 
     the destruction of the horse or burro into a commercial 
     product;

[[Page H7420]]

       (2) sell or otherwise transfer the horse or burro in a 
     manner that results in the destruction of the horse or burro 
     for processing into a commercial product; or
       (3) euthanize the horse or burro, except on the 
     recommendation of a licensed veterinarian in a case of severe 
     injury, illness, or advanced age.
       (e) Amounts appropriated by this Act shall not be available 
     for--
       (1) the destruction of any healthy, unadopted, and wild 
     horse or burro under the jurisdiction of the Secretary 
     concerned (including a contractor); or
       (2) the sale of a wild horse or burro that results in the 
     destruction of the wild horse or burro for processing into a 
     commercial product.

   forest service facility realignment and enhancement authorization 
                               extension

       Sec. 420.  Section 503(f) of Public Law 109-54 (16 U.S.C. 
     580d note) shall be applied by substituting ``September 30, 
     2021'' for ``September 30, 2019''.

                     use of american iron and steel

       Sec. 421. (a)(1) None of the funds made available by a 
     State water pollution control revolving fund as authorized by 
     section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-
     12) shall be used for a project for the construction, 
     alteration, maintenance, or repair of a public water system 
     or treatment works unless all of the iron and steel products 
     used in the project are produced in the United States.
       (2) In this section, the term ``iron and steel'' products 
     means the following products made primarily of iron or steel: 
     lined or unlined pipes and fittings, manhole covers and other 
     municipal castings, hydrants, tanks, flanges, pipe clamps and 
     restraints, valves, structural steel, reinforced precast 
     concrete, and construction materials.
       (b) Subsection (a) shall not apply in any case or category 
     of cases in which the Administrator of the Environmental 
     Protection Agency (in this section referred to as the 
     ``Administrator'') finds that--
       (1) applying subsection (a) would be inconsistent with the 
     public interest;
       (2) iron and steel products are not produced in the United 
     States in sufficient and reasonably available quantities and 
     of a satisfactory quality; or
       (3) inclusion of iron and steel products produced in the 
     United States will increase the cost of the overall project 
     by more than 25 percent.
       (c) If the Administrator receives a request for a waiver 
     under this section, the Administrator shall make available to 
     the public on an informal basis a copy of the request and 
     information available to the Administrator concerning the 
     request, and shall allow for informal public input on the 
     request for at least 15 days prior to making a finding based 
     on the request. The Administrator shall make the request and 
     accompanying information available by electronic means, 
     including on the official public Internet Web site of the 
     Environmental Protection Agency.
       (d) This section shall be applied in a manner consistent 
     with United States obligations under international 
     agreements.
       (e) The Administrator may retain up to 0.25 percent of the 
     funds appropriated in this Act for the Clean and Drinking 
     Water State Revolving Funds for carrying out the provisions 
     described in subsection (a)(1) for management and oversight 
     of the requirements of this section.

local cooperator training agreements and transfers of excess equipment 
                       and supplies for wildfires

       Sec. 422.  The Secretary of the Interior is authorized to 
     enter into grants and cooperative agreements with volunteer 
     fire departments, rural fire departments, rangeland fire 
     protection associations, and similar organizations to provide 
     for wildland fire training and equipment, including supplies 
     and communication devices. Notwithstanding section 121(c) of 
     title 40, United States Code, or section 521 of title 40, 
     United States Code, the Secretary is further authorized to 
     transfer title to excess Department of the Interior 
     firefighting equipment no longer needed to carry out the 
     functions of the Department's wildland fire management 
     program to such organizations.

                            recreation fees

       Sec. 423.  Section 810 of the Federal Lands Recreation 
     Enhancement Act (16 U.S.C. 6809) shall be applied by 
     substituting ``October 1, 2022'' for ``September 30, 2019''.

                        reprogramming guidelines

       Sec. 424.  None of the funds made available in this Act, in 
     this and prior fiscal years, may be reprogrammed without the 
     advance approval of the House and Senate Committees on 
     Appropriations in accordance with the reprogramming 
     procedures contained in the explanatory statement described 
     in section 4 of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94; 133 Stat. 2536).

                           local contractors

       Sec. 425.  Section 412 of division E of Public Law 112-74 
     shall be applied by substituting ``fiscal year 2021'' for 
     ``fiscal year 2019''.

      shasta-trinity marina fee authority authorization extension

       Sec. 426.  Section 422 of division F of Public Law 110-161 
     (121 Stat 1844), as amended, shall be applied by substituting 
     ``fiscal year 2021'' for ``fiscal year 2019''.

            interpretive association authorization extension

       Sec. 427.  Section 426 of division G of Public Law 113-76 
     (16 U.S.C. 565a-1 note) shall be applied by substituting 
     ``September 30, 2021'' for ``September 30, 2019''.

             puerto rico schooling authorization extension

       Sec. 428.  The authority provided by the 19th unnumbered 
     paragraph under heading ``Administrative Provisions, Forest 
     Service'' in title III of Public Law 109-54, as amended, 
     shall be applied by substituting ``fiscal year 2021'' for 
     ``fiscal year 2019''.

    forest botanical products fee collection authorization extension

       Sec. 429.  Section 339 of the Department of the Interior 
     and Related Agencies Appropriations Act, 2000 (as enacted 
     into law by Public Law 106-113; 16 U.S.C. 528 note), as 
     amended by section 335(6) of Public Law 108-108 and section 
     432 of Public Law 113-76, shall be applied by substituting 
     ``fiscal year 2021'' for ``fiscal year 2019''.

                              chaco canyon

       Sec. 430.  None of the funds made available by this Act may 
     be used to accept a nomination for oil and gas leasing under 
     43 CFR 3120.3 et seq, or to offer for oil and gas leasing, 
     any Federal lands within the withdrawal area identified on 
     the map of the Chaco Culture National Historical Park 
     prepared by the Bureau of Land Management and dated April 2, 
     2019, prior to the completion of the cultural resources 
     investigation identified in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act).

                             tribal leases

       Sec. 431. (a) Notwithstanding any other provision of law, 
     in the case of any lease under section 105(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5324(l)), the initial lease term shall commence no earlier 
     than the date of receipt of the lease proposal.
       (b) The Secretaries of the Interior and Health and Human 
     Services shall, jointly or separately, during fiscal year 
     2021 consult with tribes and tribal organizations through 
     public solicitation and other means regarding the 
     requirements for leases under section 105(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5324(l)) on how to implement a consistent and transparent 
     process for the payment of such leases.

                resource study of springfield race riot

       Sec. 432. (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``Study Area'' means the 
     archeological site near Madison Street and the 10th Street 
     Rail Corridor, and other sites in Springfield, Illinois 
     associated with the 1908 Springfield Race Riot.
       (b) Special Resource Study.--
       (1) Study.--The Secretary shall conduct a special resource 
     study of the study area.
       (2) Contents.--In conducting the study under paragraph (1), 
     the Secretary shall--
       (A) evaluate the national significance of the study area;
       (B) determine the suitability and feasibility of 
     designating the study area as a unit of the National Park 
     System;
       (C) consider other alternatives for preservation, 
     protection, and interpretation of the study area by the 
     Federal Government, State or local government entities, or 
     private and non-profit organizations;
       (D) consult with interested Federal agencies, State or 
     local governmental entities, private and nonprofit 
     organizations, or any other interested individuals; and
       (E) identify cost estimates for any Federal acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives.
       (3) Applicable law.--The study required under paragraph (1) 
     shall be conducted in accordance with section 100507 of title 
     54, United States Code.
       (4) Report.--Not later than 3 years after the date on which 
     funds are first made available for the study under paragraph 
     (1), the Secretary shall submit to the Committee on Natural 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate a report that 
     describes--
       (A) the results of the study; and
       (B) any conclusions and recommendations of the Secretary.

               forest ecosystem recovery and health fund

       Sec. 433.  The authority provided under the heading 
     ``Forest Ecosystem Health and Recovery Fund'' in title I of 
     Public Law 111-88, as amended by section 117 of division F of 
     Public Law 113-235, shall be applied by substituting ``fiscal 
     year 2021'' for ``fiscal year 2020'' each place it appears.

                         allocation of projects

       Sec. 434. (a)(1) Within 45 days of enactment of this Act, 
     the Secretary of the Interior shall allocate amounts 
     available from the National Parks and Public Land Legacy 
     Restoration Fund for fiscal year 2021 pursuant to subsection 
     (c) of section 200402 of title 54, United States Code, and as 
     provided in subsection (e) of such section of such title, to 
     the agencies of the Department of the Interior and the 
     Department of Agriculture specified, in the amounts 
     specified, and for the projects and activities specified in 
     the table titled ``Allocation of Funds from the National 
     Parks and Public Land Legacy Restoration Fund--Fiscal Year 
     2021'' in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act).
       (2) Within 30 days of enactment of this Act, the Secretary 
     of the Interior shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     project data sheets in the same format and containing the 
     same level of detailed information that is found on such 
     sheets in the Budget Justifications annually submitted by the 
     Department of the Interior with the President's Budget for 
     the Department of the Interior projects specified pursuant

[[Page H7421]]

     to the allocation in subsection (a)(1) and, only 45 days 
     after submission of such sheets, shall the Secretary of the 
     Interior be permitted to obligate amounts that are allocated 
     pursuant to subsection (a)(1).
       (3) Within 30 days of enactment of this Act, the Secretary 
     of Agriculture shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     full detailed project lists that must include a project 
     description, as well as information on region, forest or 
     grassland name, project name, State, Congressional district, 
     fiscal year 2021 non-transportation needed funds, fiscal year 
     2021 transportation needed funds, and asset type for the 
     Department of Agriculture projects specified pursuant to the 
     allocation in subsection (a)(1) and, only 45 days after 
     submission of such lists, shall the Secretary of Agriculture 
     be permitted to obligate amounts that are allocated pursuant 
     to subsection (a)(1).
       (b)(1) Within 45 days of enactment of this Act, the 
     Secretary of the Interior and the Secretary of Agriculture, 
     as appropriate, shall allocate amounts made available for 
     expenditure from the Land and Water Conservation Fund for 
     fiscal year 2021 pursuant to subsection (a) of section 200303 
     of title 54, United States Code, to the agencies and accounts 
     specified, in the amounts specified, and for the projects and 
     activities specified in the table titled ``Allocation of 
     Funds from the Land and Water Conservation Fund--Fiscal Year 
     2021'' in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act).
       (2) Within 30 days of enactment of this Act, the Secretary 
     of the Interior and the Secretary of Agriculture shall each 
     submit to the Committees on Appropriations of the House of 
     Representatives and the Senate project data sheets in the 
     same format and containing the same level of detailed 
     information that is found on such sheets as submitted to the 
     Committees pursuant to section 427 of division D of the 
     Further Consolidated Appropriations Act, 2020 (Public Law 
     116-94) for the projects specified pursuant to the allocation 
     in subsection (b)(1) and, only 45 days after submission of 
     such sheets, shall the Secretary of the Interior and the 
     Secretary of Agriculture, as appropriate, be permitted to 
     obligate amounts that are allocated pursuant to subsection 
     (b)(1).
       (c)(1) Neither the President nor his designee may allocate 
     any amounts that are made available for any fiscal year under 
     subsection (c) of section 200402 of title 54, United States 
     Code, or subsection (a) of section 200303 of title 54, United 
     States Code, other than amounts that are allocated by 
     subsections (a) and (b) of this section of this Act.
       (2) If any funds made available by section 200402(c) or 
     section 200303(a) of title 54, United States Code, were 
     allocated or obligated in advance of the enactment of a 
     fiscal year 2021 Act making full-year appropriations for the 
     Department of the Interior, Environment, and Related 
     Agencies, then within 30 days of enactment of this Act, the 
     Office of Management and Budget, in consultation with the 
     Department of the Interior and the Department of Agriculture, 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate a report from the General 
     Counsel analyzing how the authority in section 200402 and in 
     section 200303 of title 54, United States Code, permitted the 
     Administration to allocate funding for projects for a fiscal 
     year pursuant those sections, particularly the language in 
     sections 200402(i) and 200303(c)(2), in advance of the date 
     of enactment of such fiscal year 2021 Act.
       (d)(1) Concurrent with the annual budget submission of the 
     President for fiscal year 2022, the Secretary of the Interior 
     and the Secretary of Agriculture shall each submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a list of supplementary allocations for 
     Federal land acquisition and Forest Legacy projects at the 
     National Park Service, the U.S. Fish and Wildlife Service, 
     the Bureau of Land Management, and the U.S. Forest Service 
     that are in addition to the ``Submission of Cost Estimates'' 
     required by section 200303(c)(1) of title 54, United States 
     Code, that are prioritized and detailed by account, program, 
     and project, and that total no less than half the full amount 
     allocated to each account for that land management Agency 
     under the allocations submitted under section 200303(c)(1) of 
     title 54, United States Code.
       (2) The Federal land acquisition and Forest Legacy projects 
     in the ``Submission of Cost Estimates'' required by section 
     200303(c)(1) of title 54, United States Code, and on the list 
     of supplementary allocations required by paragraph (1) shall 
     be comprised only of projects for which a willing seller has 
     been identified and for which an appraisal or market research 
     has been initiated.
       (3) Concurrent with the annual budget submission of the 
     President for fiscal year 2022, the Secretary of the Interior 
     and the Secretary of Agriculture shall each submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate project data sheets in the same format and 
     containing the same level of detailed information that is 
     found on such sheets in the Budget Justifications annually 
     submitted by the Department of the Interior with the 
     President's Budget for the projects in the ``Submission of 
     Cost Estimates'' required by section 200303(c)(1) of title 
     54, United States Code, and in the same format and containing 
     the same level of detailed information that is found on such 
     sheets submitted to the Committees pursuant to section 427 of 
     division D of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94) for the list of supplementary 
     allocations required by paragraph (1), and for the projects 
     in the ``Submission of Annual List of Projects to Congress'' 
     required by section 200402(h) of title 54, United States 
     Code.
       (e) The Department of the Interior and the Department of 
     Agriculture shall provide the Committees on Appropriations of 
     the House of Representatives and Senate quarterly reports on 
     the status of balances for amounts allocated pursuant to 
     subsections (a)(1) and (b)(1) of this section, including all 
     uncommitted, committed, and unobligated funds.
       (f) Expenditures made or obligations incurred under the 
     heading ``United States Fish and Wildlife Service--Land 
     Acquisition'' and for the Appraisal and Valuation Services 
     Office under the heading ``Departmental Offices--Office of 
     the Secretary--Departmental Operations'' pursuant to the 
     Continuing Appropriations Act, 2021 (Public Law 116-159) 
     shall be charged to the applicable appropriation, account 
     allocation, fund, or authorization pursuant to section 200303 
     of title 54, United States Code.

                        timber sale requirements

       Sec. 435.  No timber sale in Alaska's Region 10 shall be 
     advertised if the indicated rate is deficit (defined as the 
     value of the timber is not sufficient to cover all logging 
     and stumpage costs and provide a normal profit and risk 
     allowance under the Forest Service's appraisal process) when 
     appraised using a residual value appraisal. The western red 
     cedar timber from those sales which is surplus to the needs 
     of the domestic processors in Alaska, shall be made available 
     to domestic processors in the contiguous 48 United States at 
     prevailing domestic prices. All additional western red cedar 
     volume not sold to Alaska or contiguous 48 United States 
     domestic processors may be exported to foreign markets at the 
     election of the timber sale holder. All Alaska yellow cedar 
     may be sold at prevailing export prices at the election of 
     the timber sale holder.

                      prohibition on use of funds

       Sec. 436.  Notwithstanding any other provision of law, none 
     of the funds made available in this Act or any other Act may 
     be used to promulgate or implement any regulation requiring 
     the issuance of permits under title V of the Clean Air Act 
     (42 U.S.C. 7661 et seq.) for carbon dioxide, nitrous oxide, 
     water vapor, or methane emissions resulting from biological 
     processes associated with livestock production.

                 greenhouse gas reporting restrictions

       Sec. 437.  Notwithstanding any other provision of law, none 
     of the funds made available in this or any other Act may be 
     used to implement any provision in a rule, if that provision 
     requires mandatory reporting of greenhouse gas emissions from 
     manure management systems.

                          funding prohibition

       Sec. 438.  None of the funds made available by this or any 
     other Act may be used to regulate the lead content of 
     ammunition, ammunition components, or fishing tackle under 
     the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or 
     any other law.

                  policies relating to biomass energy

       Sec. 439.  To support the key role that forests in the 
     United States can play in addressing the energy needs of the 
     United States, the Secretary of Energy, the Secretary of 
     Agriculture, and the Administrator of the Environmental 
     Protection Agency shall, consistent with their missions, 
     jointly--
       (1) ensure that Federal policy relating to forest 
     bioenergy--
       (A) is consistent across all Federal departments and 
     agencies; and
       (B) recognizes the full benefits of the use of forest 
     biomass for energy, conservation, and responsible forest 
     management; and
       (2) establish clear and simple policies for the use of 
     forest biomass as an energy solution, including policies 
     that--
       (A) reflect the carbon-neutrality of forest bioenergy and 
     recognize biomass as a renewable energy source, provided the 
     use of forest biomass for energy production does not cause 
     conversion of forests to non-forest use;
       (B) encourage private investment throughout the forest 
     biomass supply chain, including in--
       (i) working forests;
       (ii) harvesting operations;
       (iii) forest improvement operations;
       (iv) forest bioenergy production;
       (v) wood products manufacturing; or
       (vi) paper manufacturing;
       (C) encourage forest management to improve forest health; 
     and
       (D) recognize State initiatives to produce and use forest 
     biomass.

                       small remote incinerators

       Sec. 440.  None of the funds made available in this Act may 
     be used to implement or enforce the regulation issued on 
     March 21, 2011 at 40 CFR part 60 subparts CCCC and DDDD with 
     respect to units in the State of Alaska that are defined as 
     ``small, remote incinerator'' units in those regulations and, 
     until a subsequent regulation is issued, the Administrator 
     shall implement the law and regulations in effect prior to 
     such date.
       This division may be cited as the ``Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2021''.

   DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2021

                                TITLE I

                          DEPARTMENT OF LABOR

                 Employment and Training Administration

                    training and employment services

       For necessary expenses of the Workforce Innovation and 
     Opportunity Act (referred to in this Act as ``WIOA'') and the 
     National Apprenticeship Act, $3,663,200,000, plus 
     reimbursements, shall be available. Of the amounts provided:
       (1) for grants to States for adult employment and training 
     activities, youth activities, and dislocated worker 
     employment and training activities, $2,845,332,000 as 
     follows:
       (A) $862,649,000 for adult employment and training 
     activities, of which $150,649,000 shall be

[[Page H7422]]

     available for the period July 1, 2021 through June 30, 2022, 
     and of which $712,000,000 shall be available for the period 
     October 1, 2021 through June 30, 2022;
       (B) $921,130,000 for youth activities, which shall be 
     available for the period April 1, 2021 through June 30, 2022; 
     and
       (C) $1,061,553,000 for dislocated worker employment and 
     training activities, of which $201,553,000 shall be available 
     for the period July 1, 2021 through June 30, 2022, and of 
     which $860,000,000 shall be available for the period October 
     1, 2021 through June 30, 2022:
       Provided, That the funds available for allotment to 
     outlying areas to carry out subtitle B of title I of the WIOA 
     shall not be subject to the requirements of section 
     127(b)(1)(B)(ii) of such Act; and
       (2) for national programs, $817,868,000 as follows:
       (A) $280,859,000 for the dislocated workers assistance 
     national reserve, of which $80,859,000 shall be available for 
     the period July 1, 2021 through September 30, 2022, and of 
     which $200,000,000 shall be available for the period October 
     1, 2021 through September 30, 2022:  Provided, That funds 
     provided to carry out section 132(a)(2)(A) of the WIOA may be 
     used to provide assistance to a State for statewide or local 
     use in order to address cases where there have been worker 
     dislocations across multiple sectors or across multiple local 
     areas and such workers remain dislocated; coordinate the 
     State workforce development plan with emerging economic 
     development needs; and train such eligible dislocated 
     workers:  Provided further, That funds provided to carry out 
     sections 168(b) and 169(c) of the WIOA may be used for 
     technical assistance and demonstration projects, 
     respectively, that provide assistance to new entrants in the 
     workforce and incumbent workers:  Provided further, That 
     notwithstanding section 168(b) of the WIOA, of the funds 
     provided under this subparagraph, the Secretary of Labor 
     (referred to in this title as ``Secretary'') may reserve not 
     more than 10 percent of such funds to provide technical 
     assistance and carry out additional activities related to the 
     transition to the WIOA:  Provided further, That of the funds 
     provided under this subparagraph, $80,000,000 shall be for 
     training and employment assistance under sections 168(b), 
     169(c) (notwithstanding the 10 percent limitation in such 
     section) and 170 of the WIOA as follows:
       (i) $35,000,000 shall be for workers in the Appalachian 
     region, as defined by 40 U.S.C. 14102(a)(1) and workers in 
     the Lower Mississippi, as defined in section 4(2) of the 
     Delta Development Act (Public Law 100-460, 102 Stat. 2246; 7 
     U.S.C. 2009aa(2));
       (ii) $45,000,000 shall be for the purpose of developing, 
     offering, or improving educational or career training 
     programs at community colleges, defined as public 
     institutions of higher education, as described in section 
     101(a) of the Higher Education Act of 1965 and at which the 
     associate's degree is primarily the highest degree awarded, 
     with other eligible institutions of higher education, as 
     defined in section 101(a) of the Higher Education Act of 
     1965, eligible to participate through consortia, with 
     community colleges as the lead grantee:  Provided, That the 
     Secretary shall follow the requirements for the program in 
     House Report 116-62 and in the explanatory statement 
     accompanying this Act:  Provided further, That any grant 
     funds used for apprenticeships shall be used to support only 
     apprenticeship programs registered under the National 
     Apprenticeship Act and as referred to in section 3(7)(B) of 
     the WIOA;
       (B) $55,500,000 for Native American programs under section 
     166 of the WIOA, which shall be available for the period July 
     1, 2021 through June 30, 2022;
       (C) $93,896,000 for migrant and seasonal farmworker 
     programs under section 167 of the WIOA, including $87,083,000 
     for formula grants (of which not less than 70 percent shall 
     be for employment and training services), $6,256,000 for 
     migrant and seasonal housing (of which not less than 70 
     percent shall be for permanent housing), and $557,000 for 
     other discretionary purposes, which shall be available for 
     the period April 1, 2021 through June 30, 2022:  Provided, 
     That notwithstanding any other provision of law or related 
     regulation, the Department of Labor shall take no action 
     limiting the number or proportion of eligible participants 
     receiving related assistance services or discouraging 
     grantees from providing such services:  Provided further, 
     That notwithstanding the definition of ``eligible seasonal 
     farmworker'' in section 167(i)(3)(A) of the WIOA relating to 
     an individual being ``low-income'', an individual is eligible 
     for migrant and seasonal farmworker programs under section 
     167 of the WIOA under that definition if, in addition to 
     meeting the requirements of clauses (i) and (ii) of section 
     167(i)(3)(A), such individual is a member of a family with a 
     total family income equal to or less than 150 percent of the 
     poverty line;
       (D) $96,534,000 for YouthBuild activities as described in 
     section 171 of the WIOA, which shall be available for the 
     period April 1, 2021 through June 30, 2022;
       (E) $100,079,000 for ex-offender activities, under the 
     authority of section 169 of the WIOA, which shall be 
     available for the period April 1, 2021 through June 30, 2022: 
      Provided, That of this amount, $25,000,000 shall be for 
     competitive grants to national and regional intermediaries 
     for activities that prepare for employment young adults with 
     criminal records, young adults who have been justice system-
     involved, or young adults who have dropped out of school or 
     other educational programs, with a priority for projects 
     serving high-crime, high-poverty areas;
       (F) $6,000,000 for the Workforce Data Quality Initiative, 
     under the authority of section 169 of the WIOA, which shall 
     be available for the period July 1, 2021 through June 30, 
     2022; and
       (G) $185,000,000 to expand opportunities through 
     apprenticeships only registered under the National 
     Apprenticeship Act and as referred to in section 3(7)(B) of 
     the WIOA, to be available to the Secretary to carry out 
     activities through grants, cooperative agreements, contracts 
     and other arrangements, with States and other appropriate 
     entities, including equity intermediaries and business and 
     labor industry partner intermediaries, which shall be 
     available for the period July 1, 2021 through June 30, 2022.

                               job corps

                     (including transfer of funds)

       To carry out subtitle C of title I of the WIOA, including 
     Federal administrative expenses, the purchase and hire of 
     passenger motor vehicles, the construction, alteration, and 
     repairs of buildings and other facilities, and the purchase 
     of real property for training centers as authorized by the 
     WIOA, $1,748,655,000, plus reimbursements, as follows:
       (1) $1,603,325,000 for Job Corps Operations, which shall be 
     available for the period July 1, 2021 through June 30, 2022;
       (2) $113,000,000 for construction, rehabilitation and 
     acquisition of Job Corps Centers, which shall be available 
     for the period July 1, 2021 through June 30, 2024, and which 
     may include the acquisition, maintenance, and repair of major 
     items of equipment:  Provided, That the Secretary may 
     transfer up to 15 percent of such funds to meet the 
     operational needs of such centers or to achieve 
     administrative efficiencies:  Provided further, That any 
     funds transferred pursuant to the preceding provision shall 
     not be available for obligation after June 30, 2022:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer; and
       (3) $32,330,000 for necessary expenses of Job Corps, which 
     shall be available for obligation for the period October 1, 
     2020 through September 30, 2021:
       Provided, That no funds from any other appropriation shall 
     be used to provide meal services at or for Job Corps centers.

            community service employment for older americans

       To carry out title V of the Older Americans Act of 1965 
     (referred to in this Act as ``OAA''), $405,000,000, which 
     shall be available for the period April 1, 2021 through June 
     30, 2022, and may be recaptured and reobligated in accordance 
     with section 517(c) of the OAA.

              federal unemployment benefits and allowances

       For payments during fiscal year 2021 of trade adjustment 
     benefit payments and allowances under part I of subchapter B 
     of chapter 2 of title II of the Trade Act of 1974, and 
     section 246 of that Act; and for training, employment and 
     case management services, allowances for job search and 
     relocation, and related State administrative expenses under 
     part II of subchapter B of chapter 2 of title II of the Trade 
     Act of 1974, and including benefit payments, allowances, 
     training, employment and case management services, and 
     related State administration provided pursuant to section 
     231(a) of the Trade Adjustment Assistance Extension Act of 
     2011 and section 405(a) of the Trade Preferences Extension 
     Act of 2015, $633,600,000 together with such amounts as may 
     be necessary to be charged to the subsequent appropriation 
     for payments for any period subsequent to September 15, 2021: 
      Provided, That notwithstanding section 502 of this Act, any 
     part of the appropriation provided under this heading may 
     remain available for obligation beyond the current fiscal 
     year pursuant to the authorities of section 245(c) of the 
     Trade Act of 1974 (19 U.S.C. 2317(c)).

     state unemployment insurance and employment service operations

       For authorized administrative expenses, $84,066,000, 
     together with not to exceed $3,332,583,000 which may be 
     expended from the Employment Security Administration Account 
     in the Unemployment Trust Fund (``the Trust Fund''), of 
     which--
       (1) $2,565,816,000 from the Trust Fund is for grants to 
     States for the administration of State unemployment insurance 
     laws as authorized under title III of the Social Security Act 
     (including not less than $200,000,000 to carry out 
     reemployment services and eligibility assessments under 
     section 306 of such Act, any claimants of regular 
     compensation, as defined in such section, including those who 
     are profiled as most likely to exhaust their benefits, may be 
     eligible for such services and assessments:  Provided, That 
     of such amount, $117,000,000 is specified for grants under 
     section 306 of the Social Security Act and is provided to 
     meet the terms of section 251(b)(2)(E)(ii) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended, 
     and $83,000,000 is additional new budget authority specified 
     for purposes of section 251(b)(2)(E)(i)(II) of such Act; and 
     $9,000,000 for continued support of the Unemployment 
     Insurance Integrity Center of Excellence), the administration 
     of unemployment insurance for Federal employees and for ex-
     service members as authorized under 5 U.S.C. 8501-8523, and 
     the administration of trade readjustment allowances, 
     reemployment trade adjustment assistance, and alternative 
     trade adjustment assistance under the Trade Act of 1974 and 
     under section 231(a) of the Trade Adjustment Assistance 
     Extension Act of 2011 and section 405(a) of the Trade 
     Preferences Extension Act of 2015, and shall be available for 
     obligation by the States through December 31, 2021, except 
     that funds used for automation shall be available for Federal 
     obligation through December 31, 2021, and for State 
     obligation through September 30, 2023, or, if the automation 
     is being carried out through consortia of States, for State 
     obligation through September 30, 2027, and for expenditure 
     through September 30, 2028, and funds for competitive grants 
     awarded to States for improved

[[Page H7423]]

     operations and to conduct in-person reemployment and 
     eligibility assessments and unemployment insurance improper 
     payment reviews and provide reemployment services and 
     referrals to training, as appropriate, shall be available for 
     Federal obligation through December 31, 2021, and for 
     obligation by the States through September 30, 2023, and 
     funds for the Unemployment Insurance Integrity Center of 
     Excellence shall be available for obligation by the State 
     through September 30, 2022, and funds used for unemployment 
     insurance workloads experienced through September 30, 2021 
     shall be available for Federal obligation through December 
     31, 2021;
       (2) $18,000,000 from the Trust Fund is for national 
     activities necessary to support the administration of the 
     Federal-State unemployment insurance system;
       (3) $648,639,000 from the Trust Fund, together with 
     $21,413,000 from the General Fund of the Treasury, is for 
     grants to States in accordance with section 6 of the Wagner-
     Peyser Act, and shall be available for Federal obligation for 
     the period July 1, 2021 through June 30, 2022;
       (4) $22,318,000 from the Trust Fund is for national 
     activities of the Employment Service, including 
     administration of the work opportunity tax credit under 
     section 51 of the Internal Revenue Code of 1986 (including 
     assisting States in adopting or modernizing information 
     technology for use in the processing of certification 
     requests), and the provision of technical assistance and 
     staff training under the Wagner-Peyser Act;
       (5) $77,810,000 from the Trust Fund is for the 
     administration of foreign labor certifications and related 
     activities under the Immigration and Nationality Act and 
     related laws, of which $57,528,000 shall be available for the 
     Federal administration of such activities, and $20,282,000 
     shall be available for grants to States for the 
     administration of such activities; and
       (6) $62,653,000 from the General Fund is to provide 
     workforce information, national electronic tools, and one-
     stop system building under the Wagner-Peyser Act and shall be 
     available for Federal obligation for the period July 1, 2021 
     through June 30, 2022:
       Provided, That to the extent that the Average Weekly 
     Insured Unemployment (``AWIU'') for fiscal year 2021 is 
     projected by the Department of Labor to exceed 1,728,000, an 
     additional $28,600,000 from the Trust Fund shall be available 
     for obligation for every 100,000 increase in the AWIU level 
     (including a pro rata amount for any increment less than 
     100,000) to carry out title III of the Social Security Act:  
     Provided further, That funds appropriated in this Act that 
     are allotted to a State to carry out activities under title 
     III of the Social Security Act may be used by such State to 
     assist other States in carrying out activities under such 
     title III if the other States include areas that have 
     suffered a major disaster declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act:  Provided further, That the Secretary may use funds 
     appropriated for grants to States under title III of the 
     Social Security Act to make payments on behalf of States for 
     the use of the National Directory of New Hires under section 
     453(j)(8) of such Act:  Provided further, That the Secretary 
     may use funds appropriated for grants to States under title 
     III of the Social Security Act to make payments on behalf of 
     States to the entity operating the State Information Data 
     Exchange System:  Provided further, That funds appropriated 
     in this Act which are used to establish a national one-stop 
     career center system, or which are used to support the 
     national activities of the Federal-State unemployment 
     insurance, employment service, or immigration programs, may 
     be obligated in contracts, grants, or agreements with States 
     and non-State entities:  Provided further, That States 
     awarded competitive grants for improved operations under 
     title III of the Social Security Act, or awarded grants to 
     support the national activities of the Federal-State 
     unemployment insurance system, may award subgrants to other 
     States and non-State entities under such grants, subject to 
     the conditions applicable to the grants:  Provided further, 
     That funds appropriated under this Act for activities 
     authorized under title III of the Social Security Act and the 
     Wagner-Peyser Act may be used by States to fund integrated 
     Unemployment Insurance and Employment Service automation 
     efforts, notwithstanding cost allocation principles 
     prescribed under the final rule entitled ``Uniform 
     Administrative Requirements, Cost Principles, and Audit 
     Requirements for Federal Awards'' at part 200 of title 2, 
     Code of Federal Regulations:  Provided further, That the 
     Secretary, at the request of a State participating in a 
     consortium with other States, may reallot funds allotted to 
     such State under title III of the Social Security Act to 
     other States participating in the consortium or to the entity 
     operating the Unemployment Insurance Information Technology 
     Support Center in order to carry out activities that benefit 
     the administration of the unemployment compensation law of 
     the State making the request:  Provided further, That the 
     Secretary may collect fees for the costs associated with 
     additional data collection, analyses, and reporting services 
     relating to the National Agricultural Workers Survey 
     requested by State and local governments, public and private 
     institutions of higher education, and nonprofit organizations 
     and may utilize such sums, in accordance with the provisions 
     of 29 U.S.C. 9a, for the National Agricultural Workers Survey 
     infrastructure, methodology, and data to meet the information 
     collection and reporting needs of such entities, which shall 
     be credited to this appropriation and shall remain available 
     until September 30, 2022, for such purposes.

        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, and to the Black Lung Disability Trust Fund as 
     authorized by section 9501(c)(1) of the Internal Revenue Code 
     of 1986; and for nonrepayable advances to the revolving fund 
     established by section 901(e) of the Social Security Act, to 
     the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, 
     and to the ``Federal Unemployment Benefits and Allowances'' 
     account, such sums as may be necessary, which shall be 
     available for obligation through September 30, 2022.

                         program administration

       For expenses of administering employment and training 
     programs, $108,674,000, together with not to exceed 
     $49,982,000 which may be expended from the Employment 
     Security Administration Account in the Unemployment Trust 
     Fund.

               Employee Benefits Security Administration

                         salaries and expenses

       For necessary expenses for the Employee Benefits Security 
     Administration, $181,000,000, of which up to $3,000,000 shall 
     be made available through September 30, 2022, for the 
     procurement of expert witnesses for enforcement litigation.

                  Pension Benefit Guaranty Corporation

               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation (``Corporation'') 
     is authorized to make such expenditures, including financial 
     assistance authorized by subtitle E of title IV of the 
     Employee Retirement Income Security Act of 1974, within 
     limits of funds and borrowing authority available to the 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations, as provided by 31 U.S.C. 9104, as may be 
     necessary in carrying out the program, including associated 
     administrative expenses, through September 30, 2021, for the 
     Corporation:  Provided, That none of the funds available to 
     the Corporation for fiscal year 2021 shall be available for 
     obligations for administrative expenses in excess of 
     $465,289,000:  Provided further, That to the extent that the 
     number of new plan participants in plans terminated by the 
     Corporation exceeds 100,000 in fiscal year 2021, an amount 
     not to exceed an additional $9,200,000 shall be available 
     through September 30, 2025, for obligations for 
     administrative expenses for every 20,000 additional 
     terminated participants:  Provided further, That obligations 
     in excess of the amounts provided for administrative expenses 
     in this paragraph may be incurred and shall be available 
     through September 30, 2025 for obligation for unforeseen and 
     extraordinary pre-termination or termination expenses or 
     extraordinary multiemployer program related expenses after 
     approval by the Office of Management and Budget and 
     notification of the Committees on Appropriations of the House 
     of Representatives and the Senate:  Provided further, That an 
     additional amount shall be available for obligation through 
     September 30, 2025 to the extent the Corporation's costs 
     exceed $250,000 for the provision of credit or identity 
     monitoring to affected individuals upon suffering a security 
     incident or privacy breach, not to exceed an additional $100 
     per affected individual.

                         Wage and Hour Division

                         salaries and expenses

       For necessary expenses for the Wage and Hour Division, 
     including reimbursement to State, Federal, and local agencies 
     and their employees for inspection services rendered, 
     $246,000,000.

                  Office of Labor-Management Standards

                         salaries and expenses

       For necessary expenses for the Office of Labor-Management 
     Standards, $44,437,000.

             Office of Federal Contract Compliance Programs

                         salaries and expenses

       For necessary expenses for the Office of Federal Contract 
     Compliance Programs, $105,976,000.

                Office of Workers' Compensation Programs

                         salaries and expenses

       For necessary expenses for the Office of Workers' 
     Compensation Programs, $115,424,000, together with $2,177,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d), and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act.

                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by 5 U.S.C. 81; 
     continuation of benefits as provided for under the heading 
     ``Civilian War Benefits'' in the Federal Security Agency 
     Appropriation Act, 1947; the Employees' Compensation 
     Commission Appropriation Act, 1944; section 5(f) of the War 
     Claims Act (50 U.S.C. App. 2012); obligations incurred under 
     the War Hazards Compensation Act (42 U.S.C. 1701 et seq.); 
     and 50 percent of the additional compensation and benefits 
     required by section 10(h) of the Longshore and Harbor 
     Workers' Compensation Act, $239,000,000, together with such 
     amounts as may be necessary to be charged to the subsequent 
     year appropriation for the payment of compensation and other 
     benefits for any period subsequent to August 15 of the 
     current year, for deposit into and to assume the attributes 
     of the Employees' Compensation Fund established under 5 
     U.S.C. 8147(a):  Provided, That amounts appropriated may be 
     used under 5 U.S.C. 8104 by the Secretary to reimburse an 
     employer, who is not the employer at the time of injury, for 
     portions of the salary of a re-employed, disabled 
     beneficiary:  Provided further, That balances of 
     reimbursements unobligated on September 30, 2020, shall 
     remain available until expended for the payment of 
     compensation, benefits, and expenses:  Provided further, That 
     in

[[Page H7424]]

     addition there shall be transferred to this appropriation 
     from the Postal Service and from any other corporation or 
     instrumentality required under 5 U.S.C. 8147(c) to pay an 
     amount for its fair share of the cost of administration, such 
     sums as the Secretary determines to be the cost of 
     administration for employees of such fair share entities 
     through September 30, 2021:  Provided further, That of those 
     funds transferred to this account from the fair share 
     entities to pay the cost of administration of the Federal 
     Employees' Compensation Act, $80,257,000 shall be made 
     available to the Secretary as follows:
       (1) For enhancement and maintenance of automated data 
     processing systems operations and telecommunications systems, 
     $27,220,000;
       (2) For automated workload processing operations, including 
     document imaging, centralized mail intake, and medical bill 
     processing, $25,647,000;
       (3) For periodic roll disability management and medical 
     review, $25,648,000;
       (4) For program integrity, $1,742,000; and
       (5) The remaining funds shall be paid into the Treasury as 
     miscellaneous receipts:
       Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under 5 U.S.C. 81, or the Longshore and Harbor Workers' 
     Compensation Act, provide as part of such notice and claim, 
     such identifying information (including Social Security 
     account number) as such regulations may prescribe.

               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, as amended by Public Law 107-275, 
     $40,970,000, to remain available until expended.
       For making after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of such Act, 
     for costs incurred in the current fiscal year, such amounts 
     as may be necessary.
       For making benefit payments under title IV for the first 
     quarter of fiscal year 2022, $14,000,000, to remain available 
     until expended.

    administrative expenses, energy employees occupational illness 
                           compensation fund

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $62,507,000, 
     to remain available until expended:  Provided, That the 
     Secretary may require that any person filing a claim for 
     benefits under the Act provide as part of such claim such 
     identifying information (including Social Security account 
     number) as may be prescribed.

                    black lung disability trust fund

                     (including transfer of funds)

       Such sums as may be necessary from the Black Lung 
     Disability Trust Fund (the ``Fund''), to remain available 
     until expended, for payment of all benefits authorized by 
     section 9501(d)(1), (2), (6), and (7) of the Internal Revenue 
     Code of 1986; and repayment of, and payment of interest on 
     advances, as authorized by section 9501(d)(4) of that Act. In 
     addition, the following amounts may be expended from the Fund 
     for fiscal year 2021 for expenses of operation and 
     administration of the Black Lung Benefits program, as 
     authorized by section 9501(d)(5): not to exceed $40,643,000 
     for transfer to the Office of Workers' Compensation Programs, 
     ``Salaries and Expenses''; not to exceed $33,033,000 for 
     transfer to Departmental Management, ``Salaries and 
     Expenses''; not to exceed $333,000 for transfer to 
     Departmental Management, ``Office of Inspector General''; and 
     not to exceed $356,000 for payments into miscellaneous 
     receipts for the expenses of the Department of the Treasury.

             Occupational Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $591,787,000, including not to exceed 
     $110,075,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act (the ``Act''), which grants shall be no 
     less than 50 percent of the costs of State occupational 
     safety and health programs required to be incurred under 
     plans approved by the Secretary under section 18 of the Act; 
     and, in addition, notwithstanding 31 U.S.C. 3302, the 
     Occupational Safety and Health Administration may retain up 
     to $499,000 per fiscal year of training institute course 
     tuition and fees, otherwise authorized by law to be 
     collected, and may utilize such sums for occupational safety 
     and health training and education:  Provided, That 
     notwithstanding 31 U.S.C. 3302, the Secretary is authorized, 
     during the fiscal year ending September 30, 2021, to collect 
     and retain fees for services provided to Nationally 
     Recognized Testing Laboratories, and may utilize such sums, 
     in accordance with the provisions of 29 U.S.C. 9a, to 
     administer national and international laboratory recognition 
     programs that ensure the safety of equipment and products 
     used by workers in the workplace:  Provided further, That 
     none of the funds appropriated under this paragraph shall be 
     obligated or expended to prescribe, issue, administer, or 
     enforce any standard, rule, regulation, or order under the 
     Act which is applicable to any person who is engaged in a 
     farming operation which does not maintain a temporary labor 
     camp and employs 10 or fewer employees:  Provided further, 
     That no funds appropriated under this paragraph shall be 
     obligated or expended to administer or enforce any standard, 
     rule, regulation, or order under the Act with respect to any 
     employer of 10 or fewer employees who is included within a 
     category having a Days Away, Restricted, or Transferred 
     (``DART'') occupational injury and illness rate, at the most 
     precise industrial classification code for which such data 
     are published, less than the national average rate as such 
     rates are most recently published by the Secretary, acting 
     through the Bureau of Labor Statistics, in accordance with 
     section 24 of the Act, except--
       (1) to provide, as authorized by the Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by the Act with respect 
     to imminent dangers;
       (4) to take any action authorized by the Act with respect 
     to health hazards;
       (5) to take any action authorized by the Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by the Act; and
       (6) to take any action authorized by the Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under the Act:
       Provided further, That the foregoing proviso shall not 
     apply to any person who is engaged in a farming operation 
     which does not maintain a temporary labor camp and employs 10 
     or fewer employees:  Provided further, That $11,787,000 shall 
     be available for Susan Harwood training grants, of which not 
     less than $4,500,000 is for Susan Harwood Training Capacity 
     Building Developmental grants, as described in Funding 
     Opportunity Number SHTG-FY-16-02 (referenced in the notice of 
     availability of funds published in the Federal Register on 
     May 3, 2016 (81 Fed. Reg. 30568)) for program activities 
     starting not later than September 30, 2021 and lasting for a 
     period of 12 months:  Provided further, That not less than 
     $3,500,000 shall be for Voluntary Protection Programs.

                 Mine Safety and Health Administration

                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $379,816,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles, 
     including up to $2,000,000 for mine rescue and recovery 
     activities and not less than $10,537,000 for State assistance 
     grants:  Provided, That notwithstanding 31 U.S.C. 3302, not 
     to exceed $750,000 may be collected by the National Mine 
     Health and Safety Academy for room, board, tuition, and the 
     sale of training materials, otherwise authorized by law to be 
     collected, to be available for mine safety and health 
     education and training activities:  Provided further, That 
     notwithstanding 31 U.S.C. 3302, the Mine Safety and Health 
     Administration is authorized to collect and retain up to 
     $2,499,000 from fees collected for the approval and 
     certification of equipment, materials, and explosives for use 
     in mines, and may utilize such sums for such activities:  
     Provided further, That the Secretary is authorized to accept 
     lands, buildings, equipment, and other contributions from 
     public and private sources and to prosecute projects in 
     cooperation with other agencies, Federal, State, or private:  
     Provided further, That the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations:  Provided further, That the Secretary is 
     authorized to recognize the Joseph A. Holmes Safety 
     Association as a principal safety association and, 
     notwithstanding any other provision of law, may provide funds 
     and, with or without reimbursement, personnel, including 
     service of Mine Safety and Health Administration officials as 
     officers in local chapters or in the national organization:  
     Provided further, That any funds available to the Department 
     of Labor may be used, with the approval of the Secretary, to 
     provide for the costs of mine rescue and survival operations 
     in the event of a major disaster.

                       Bureau of Labor Statistics

                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $587,000,000, together with not to exceed $68,000,000 which 
     may be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund.
       Within this amount, $13,000,000 to remain available until 
     September 30, 2024, for costs associated with the physical 
     move of the Bureau of Labor Statistics' headquarters, 
     including replication of space, furniture, fixtures, 
     equipment, and related costs, as well as relocation of the 
     data center to a shared facility.

                 Office of Disability Employment Policy

                         salaries and expenses

       For necessary expenses for the Office of Disability 
     Employment Policy to provide leadership, develop policy and 
     initiatives, and award grants furthering the objective of 
     eliminating barriers to the training and employment of people 
     with disabilities, $38,500,000.

                        Departmental Management

                         salaries and expenses

                     (including transfer of funds)

       For necessary expenses for Departmental Management, 
     including the hire of three passenger motor vehicles, 
     $349,056,000, together with not to exceed $308,000, which may 
     be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund:  Provided, That 
     $67,325,000 for the Bureau

[[Page H7425]]

     of International Labor Affairs shall be available for 
     obligation through December 31, 2021:  Provided further, That 
     funds available to the Bureau of International Labor Affairs 
     may be used to administer or operate international labor 
     activities, bilateral and multilateral technical assistance, 
     and microfinance programs, by or through contracts, grants, 
     subgrants and other arrangements:  Provided further, That not 
     more than $53,825,000 shall be for programs to combat 
     exploitative child labor internationally and not less than 
     $13,500,000 shall be used to implement model programs that 
     address worker rights issues through technical assistance in 
     countries with which the United States has free trade 
     agreements or trade preference programs:  Provided further, 
     That $8,040,000 shall be used for program evaluation and 
     shall be available for obligation through September 30, 2022: 
      Provided further, That funds available for program 
     evaluation may be used to administer grants for the purpose 
     of evaluation:  Provided further, That grants made for the 
     purpose of evaluation shall be awarded through fair and open 
     competition:  Provided further, That funds available for 
     program evaluation may be transferred to any other 
     appropriate account in the Department for such purpose:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer:  Provided further, 
     That the funds available to the Women's Bureau may be used 
     for grants to serve and promote the interests of women in the 
     workforce:  Provided further, That of the amounts made 
     available to the Women's Bureau, not less than $1,794,000 
     shall be used for grants authorized by the Women in 
     Apprenticeship and Nontraditional Occupations Act.

                   veterans' employment and training

       Not to exceed $258,841,000 may be derived from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund to carry out the provisions of 
     chapters 41, 42, and 43 of title 38, United States Code, of 
     which--
       (1) $180,000,000 is for Jobs for Veterans State grants 
     under 38 U.S.C. 4102A(b)(5) to support disabled veterans' 
     outreach program specialists under section 4103A of such 
     title and local veterans' employment representatives under 
     section 4104(b) of such title, and for the expenses described 
     in section 4102A(b)(5)(C), which shall be available for 
     expenditure by the States through September 30, 2023, and not 
     to exceed 3 percent for the necessary Federal expenditures 
     for data systems and contract support to allow for the 
     tracking of participant and performance information:  
     Provided, That, in addition, such funds may be used to 
     support such specialists and representatives in the provision 
     of services to transitioning members of the Armed Forces who 
     have participated in the Transition Assistance Program and 
     have been identified as in need of intensive services, to 
     members of the Armed Forces who are wounded, ill, or injured 
     and receiving treatment in military treatment facilities or 
     warrior transition units, and to the spouses or other family 
     caregivers of such wounded, ill, or injured members;
       (2) $31,379,000 is for carrying out the Transition 
     Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
       (3) $44,048,000 is for Federal administration of chapters 
     41, 42, and 43 of title 38, and sections 2021, 2021A and 2023 
     of title 38, United States Code:  Provided, That, up to 
     $500,000 may be used to carry out the Hire VETS Act (division 
     O of Public Law 115-31); and
       (4) $3,414,000 is for the National Veterans' Employment and 
     Training Services Institute under 38 U.S.C. 4109:
       Provided, That the Secretary may reallocate among the 
     appropriations provided under paragraphs (1) through (4) 
     above an amount not to exceed 3 percent of the appropriation 
     from which such reallocation is made.
       In addition, from the General Fund of the Treasury, 
     $57,500,000 is for carrying out programs to assist homeless 
     veterans and veterans at risk of homelessness who are 
     transitioning from certain institutions under sections 2021, 
     2021A, and 2023 of title 38, United States Code:  Provided, 
     That notwithstanding subsections (c)(3) and (d) of section 
     2023, the Secretary may award grants through September 30, 
     2021, to provide services under such section:  Provided 
     further, That services provided under sections 2021 or under 
     2021A may include, in addition to services to homeless 
     veterans described in section 2002(a)(1), services to 
     veterans who were homeless at some point within the 60 days 
     prior to program entry or veterans who are at risk of 
     homelessness within the next 60 days, and that services 
     provided under section 2023 may include, in addition to 
     services to the individuals described in subsection (e) of 
     such section, services to veterans recently released from 
     incarceration who are at risk of homelessness:  Provided 
     further, That notwithstanding paragraph (3) under this 
     heading, funds appropriated in this paragraph may be used for 
     data systems and contract support to allow for the tracking 
     of participant and performance information:  Provided 
     further, That notwithstanding sections 2021(e)(2) and 
     2021A(f)(2) of title 38, United States Code, such funds shall 
     be available for expenditure pursuant to 31 U.S.C. 1553.
       In addition, fees may be assessed and deposited in the HIRE 
     Vets Medallion Award Fund pursuant to section 5(b) of the 
     HIRE Vets Act, and such amounts shall be available to the 
     Secretary to carry out the HIRE Vets Medallion Award Program, 
     as authorized by such Act, and shall remain available until 
     expended:  Provided, That such sums shall be in addition to 
     any other funds available for such purposes, including funds 
     available under paragraph (3) of this heading:  Provided 
     further, That section 2(d) of division O of the Consolidated 
     Appropriations Act, 2017 (Public Law 115-31; 38 U.S.C. 4100 
     note) shall not apply.

                            it modernization

       For necessary expenses for Department of Labor centralized 
     infrastructure technology investment activities related to 
     support systems and modernization, $27,269,000, which shall 
     be available through September 30, 2022.

                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, $85,187,000, together with not to exceed 
     $5,660,000 which may be expended from the Employment Security 
     Administration account in the Unemployment Trust Fund.

                           General Provisions

       Sec. 101.  None of the funds appropriated by this Act for 
     the Job Corps shall be used to pay the salary and bonuses of 
     an individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level II.

                          (transfer of funds)

       Sec. 102.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for the Department of Labor in this Act may be 
     transferred between a program, project, or activity, but no 
     such program, project, or activity shall be increased by more 
     than 3 percent by any such transfer:  Provided, That the 
     transfer authority granted by this section shall not be used 
     to create any new program or to fund any project or activity 
     for which no funds are provided in this Act:  Provided 
     further, That the Committees on Appropriations of the House 
     of Representatives and the Senate are notified at least 15 
     days in advance of any transfer.
       Sec. 103.  In accordance with Executive Order 13126, none 
     of the funds appropriated or otherwise made available 
     pursuant to this Act shall be obligated or expended for the 
     procurement of goods mined, produced, manufactured, or 
     harvested or services rendered, in whole or in part, by 
     forced or indentured child labor in industries and host 
     countries already identified by the United States Department 
     of Labor prior to enactment of this Act.
       Sec. 104.  Except as otherwise provided in this section, 
     none of the funds made available to the Department of Labor 
     for grants under section 414(c) of the American 
     Competitiveness and Workforce Improvement Act of 1998 (29 
     U.S.C. 2916a) may be used for any purpose other than 
     competitive grants for training individuals who are older 
     than 16 years of age and are not currently enrolled in school 
     within a local educational agency in the occupations and 
     industries for which employers are using H-1B visas to hire 
     foreign workers, and the related activities necessary to 
     support such training.
       Sec. 105.  None of the funds made available by this Act 
     under the heading ``Employment and Training Administration'' 
     shall be used by a recipient or subrecipient of such funds to 
     pay the salary and bonuses of an individual, either as direct 
     costs or indirect costs, at a rate in excess of Executive 
     Level II. This limitation shall not apply to vendors 
     providing goods and services as defined in Office of 
     Management and Budget Circular A-133. Where States are 
     recipients of such funds, States may establish a lower limit 
     for salaries and bonuses of those receiving salaries and 
     bonuses from subrecipients of such funds, taking into account 
     factors including the relative cost-of-living in the State, 
     the compensation levels for comparable State or local 
     government employees, and the size of the organizations that 
     administer Federal programs involved including Employment and 
     Training Administration programs.

                          (transfer of funds)

       Sec. 106. (a) Notwithstanding section 102, the Secretary 
     may transfer funds made available to the Employment and 
     Training Administration by this Act, either directly or 
     through a set-aside, for technical assistance services to 
     grantees to ``Program Administration'' when it is determined 
     that those services will be more efficiently performed by 
     Federal employees:  Provided, That this section shall not 
     apply to section 171 of the WIOA.
       (b) Notwithstanding section 102, the Secretary may transfer 
     not more than 0.5 percent of each discretionary appropriation 
     made available to the Employment and Training Administration 
     by this Act to ``Program Administration'' in order to carry 
     out program integrity activities relating to any of the 
     programs or activities that are funded under any such 
     discretionary appropriations:  Provided, That notwithstanding 
     section 102 and the preceding proviso, the Secretary may 
     transfer not more than 0.5 percent of funds made available in 
     paragraphs (1) and (2) of the ``Office of Job Corps'' account 
     to paragraph (3) of such account to carry out program 
     integrity activities related to the Job Corps program:  
     Provided further, That funds transferred under the authority 
     provided by this subsection shall be available for obligation 
     through September 30, 2022.

                          (transfer of funds)

       Sec. 107. (a) The Secretary may reserve not more than 0.75 
     percent from each appropriation made available in this Act 
     identified in subsection (b) in order to carry out 
     evaluations of any of the programs or activities that are 
     funded under such accounts. Any funds reserved under this 
     section shall be transferred to ``Departmental Management'' 
     for use by the Office of the Chief Evaluation Officer within 
     the Department of Labor, and shall be available for 
     obligation through September 30, 2022:  Provided, That such 
     funds shall only be available if the Chief Evaluation Officer 
     of the Department of Labor submits a plan to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate describing the evaluations to be carried out 15 days 
     in advance of any transfer.
       (b) The accounts referred to in subsection (a) are: 
     ``Training and Employment Services'', ``Job

[[Page H7426]]

     Corps'', ``Community Service Employment for Older 
     Americans'', ``State Unemployment Insurance and Employment 
     Service Operations'', ``Employee Benefits Security 
     Administration'', ``Office of Workers' Compensation 
     Programs'', ``Wage and Hour Division'', ``Office of Federal 
     Contract Compliance Programs'', ``Office of Labor Management 
     Standards'', ``Occupational Safety and Health 
     Administration'', ``Mine Safety and Health Administration'', 
     ``Office of Disability Employment Policy'', funding made 
     available to the ``Bureau of International Labor Affairs'' 
     and ``Women's Bureau'' within the ``Departmental Management, 
     Salaries and Expenses'' account, and ``Veterans' Employment 
     and Training''.
       Sec. 108. (a) Section 7 of the Fair Labor Standards Act of 
     1938 (29 U.S.C. 207) shall be applied as if the following 
     text is part of such section:
       ``(s)(1) The provisions of this section shall not apply for 
     a period of 2 years after the occurrence of a major disaster 
     to any employee--
       ``(A) employed to adjust or evaluate claims resulting from 
     or relating to such major disaster, by an employer not 
     engaged, directly or through an affiliate, in underwriting, 
     selling, or marketing property, casualty, or liability 
     insurance policies or contracts;
       ``(B) who receives from such employer on average weekly 
     compensation of not less than $591.00 per week or any minimum 
     weekly amount established by the Secretary, whichever is 
     greater, for the number of weeks such employee is engaged in 
     any of the activities described in subparagraph (C); and
       ``(C) whose duties include any of the following:
       ``(i) interviewing insured individuals, individuals who 
     suffered injuries or other damages or losses arising from or 
     relating to a disaster, witnesses, or physicians;
       ``(ii) inspecting property damage or reviewing factual 
     information to prepare damage estimates;
       ``(iii) evaluating and making recommendations regarding 
     coverage or compensability of claims or determining liability 
     or value aspects of claims;
       ``(iv) negotiating settlements; or
       ``(v) making recommendations regarding litigation.
       ``(2) The exemption in this subsection shall not affect the 
     exemption provided by section 13(a)(1).
       ``(3) For purposes of this subsection--
       ``(A) the term `major disaster' means any disaster or 
     catastrophe declared or designated by any State or Federal 
     agency or department;
       ``(B) the term `employee employed to adjust or evaluate 
     claims resulting from or relating to such major disaster' 
     means an individual who timely secured or secures a license 
     required by applicable law to engage in and perform the 
     activities described in clauses (i) through (v) of paragraph 
     (1)(C) relating to a major disaster, and is employed by an 
     employer that maintains worker compensation insurance 
     coverage or protection for its employees, if required by 
     applicable law, and withholds applicable Federal, State, and 
     local income and payroll taxes from the wages, salaries and 
     any benefits of such employees; and
       ``(C) the term `affiliate' means a company that, by reason 
     of ownership or control of 25 percent or more of the 
     outstanding shares of any class of voting securities of one 
     or more companies, directly or indirectly, controls, is 
     controlled by, or is under common control with, another 
     company.''.
       (b) This section shall be effective on the date of 
     enactment of this Act.
       Sec. 109. (a) Flexibility With Respect to the Crossing of 
     H-2B Nonimmigrants Working in the Seafood Industry.--
       (1) In general.--Subject to paragraph (2), if a petition 
     for H-2B nonimmigrants filed by an employer in the seafood 
     industry is granted, the employer may bring the nonimmigrants 
     described in the petition into the United States at any time 
     during the 120-day period beginning on the start date for 
     which the employer is seeking the services of the 
     nonimmigrants without filing another petition.
       (2) Requirements for crossings after 90th day.--An employer 
     in the seafood industry may not bring H-2B nonimmigrants into 
     the United States after the date that is 90 days after the 
     start date for which the employer is seeking the services of 
     the nonimmigrants unless the employer--
       (A) completes a new assessment of the local labor market 
     by--
       (i) listing job orders in local newspapers on 2 separate 
     Sundays; and
       (ii) posting the job opportunity on the appropriate 
     Department of Labor Electronic Job Registry and at the 
     employer's place of employment; and
       (B) offers the job to an equally or better qualified United 
     States worker who--
       (i) applies for the job; and
       (ii) will be available at the time and place of need.
       (3) Exemption from rules with respect to staggering.--The 
     Secretary of Labor shall not consider an employer in the 
     seafood industry who brings H-2B nonimmigrants into the 
     United States during the 120-day period specified in 
     paragraph (1) to be staggering the date of need in violation 
     of section 655.20(d) of title 20, Code of Federal 
     Regulations, or any other applicable provision of law.
       (b) H-2B Nonimmigrants Defined.--In this section, the term 
     ``H-2B nonimmigrants'' means aliens admitted to the United 
     States pursuant to section 101(a)(15)(H)(ii)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(B)).
       Sec. 110.  The determination of prevailing wage for the 
     purposes of the H-2B program shall be the greater of--(1) the 
     actual wage level paid by the employer to other employees 
     with similar experience and qualifications for such position 
     in the same location; or (2) the prevailing wage level for 
     the occupational classification of the position in the 
     geographic area in which the H-2B nonimmigrant will be 
     employed, based on the best information available at the time 
     of filing the petition. In the determination of prevailing 
     wage for the purposes of the H-2B program, the Secretary 
     shall accept private wage surveys even in instances where 
     Occupational Employment Statistics survey data are available 
     unless the Secretary determines that the methodology and data 
     in the provided survey are not statistically supported.
       Sec. 111.  None of the funds in this Act shall be used to 
     enforce the definition of corresponding employment found in 
     20 CFR 655.5 or the three-fourths guarantee rule definition 
     found in 20 CFR 655.20, or any references thereto. Further, 
     for the purpose of regulating admission of temporary workers 
     under the H-2B program, the definition of temporary need 
     shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
       Sec. 112.  Notwithstanding any other provision of law, the 
     Secretary may furnish through grants, cooperative agreements, 
     contracts, and other arrangements, up to $2,000,000 of excess 
     personal property, at a value determined by the Secretary, to 
     apprenticeship programs for the purpose of training 
     apprentices in those programs.
       Sec. 113. (a) The Act entitled ``An Act to create a 
     Department of Labor'', approved March 4, 1913 (37 Stat. 736, 
     chapter 141) shall be applied as if the following text is 
     part of such Act:

     ``SEC. 12. SECURITY DETAIL.

       ``(a) In General.--The Secretary of Labor is authorized to 
     employ law enforcement officers or special agents to--
       ``(1) provide protection for the Secretary of Labor during 
     the workday of the Secretary and during any activity that is 
     preliminary or postliminary to the performance of official 
     duties by the Secretary;
       ``(2) provide protection, incidental to the protection 
     provided to the Secretary, to a member of the immediate 
     family of the Secretary who is participating in an activity 
     or event relating to the official duties of the Secretary;
       ``(3) provide continuous protection to the Secretary 
     (including during periods not described in paragraph (1)) and 
     to the members of the immediate family of the Secretary if 
     there is a unique and articulable threat of physical harm, in 
     accordance with guidelines established by the Secretary; and
       ``(4) provide protection to the Deputy Secretary of Labor 
     or another senior officer representing the Secretary of Labor 
     at a public event if there is a unique and articulable threat 
     of physical harm, in accordance with guidelines established 
     by the Secretary.
       ``(b) Authorities.--The Secretary of Labor may authorize a 
     law enforcement officer or special agent employed under 
     subsection (a), for the purpose of performing the duties 
     authorized under subsection (a), to--
       ``(1) carry firearms;
       ``(2) make arrests without a warrant for any offense 
     against the United States committed in the presence of such 
     officer or special agent;
       ``(3) perform protective intelligence work, including 
     identifying and mitigating potential threats and conducting 
     advance work to review security matters relating to sites and 
     events;
       ``(4) coordinate with local law enforcement agencies; and
       ``(5) initiate criminal and other investigations into 
     potential threats to the security of the Secretary, in 
     coordination with the Inspector General of the Department of 
     Labor.
       ``(c) Compliance With Guidelines.--A law enforcement 
     officer or special agent employed under subsection (a) shall 
     exercise any authority provided under this section in 
     accordance with any--
       ``(1) guidelines issued by the Attorney General; and
       ``(2) guidelines prescribed by the Secretary of Labor.''.
       (b) This section shall be effective on the date of 
     enactment of this Act.
       Sec. 114.  The Secretary is authorized to dispose of or 
     divest, by any means the Secretary determines appropriate, 
     including an agreement or partnership to construct a new Job 
     Corps center, all or a portion of the real property on which 
     the Treasure Island Job Corps Center is situated. Any sale or 
     other disposition will not be subject to any requirement of 
     any Federal law or regulation relating to the disposition of 
     Federal real property, including but not limited to 
     subchapter III of chapter 5 of title 40 of the United States 
     Code and subchapter V of chapter 119 of title 42 of the 
     United States Code. The net proceeds of such a sale shall be 
     transferred to the Secretary, which shall be available until 
     expended to carry out the Job Corps Program on Treasure 
     Island.

                              (rescission)

       Sec. 115. (a) Of the unobligated funds available under 
     section 286(s) of the Immigration and Nationality Act (8 
     U.S.C. 1356(s)) in an amount that is equal to the amount that 
     became available on October 1, 2020, pursuant to the 
     temporary rescission in section 115 of division A of the 
     Further Consolidated Appropriations Act, 2020 (Public Law 
     116-94), $150,000,000 are hereby permanently rescinded, as 
     follows: $75,000,000 from the unobligated funds available 
     under section 286(s)(2) of such Act; $45,000,000 from the 
     unobligated funds available under section 286(s)(3) of such 
     Act; $15,000,000 from the unobligated funds available under 
     section 286(s)(4) of such Act; $7,500,000 from the 
     unobligated funds available under section 286(s)(5) of such 
     Act; and $7,500,000 from the unobligated funds available 
     under section 286(s)(6) of such Act.
       (b) Of the unobligated funds available under section 
     286(s)(2) of the Immigration and Nationality Act (8 U.S.C. 
     1356(s)(2)), and in addition to

[[Page H7427]]

     the amounts rescinded in subsection (a), $285,000,000 are 
     hereby permanently rescinded not later than September 30, 
     2021.
       Sec. 116.  None of the funds made available by this Act may 
     be used to--
       (1) alter or terminate the Interagency Agreement between 
     the United States Department of Labor and the United States 
     Department of Agriculture; or
       (2) close any of the Civilian Conservation Centers, except 
     if such closure is necessary to prevent the endangerment of 
     the health and safety of the students, the capacity of the 
     program is retained, and the requirements of section 159(j) 
     of the WIOA are met.
       Sec. 117.  Paragraph (1) under the heading ``Department of 
     Labor--Veterans Employment and Training'' of title I of 
     division A of Public Law 116-94 is amended by striking 
     ``obligation by the States through December 31, 2020'' and 
     inserting ``expenditure by the States through September 30, 
     2022''.
       Sec. 118.  The amounts provided by the first proviso 
     following paragraph (6) under the heading ``Department of 
     Labor--Employment and Training Administration--State 
     Unemployment Insurance and Employment Service Operations'' in 
     title I of this Act are designated by the Congress as being 
     for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 2021''.

                                TITLE II

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration

                          primary health care

       For carrying out titles II and III of the Public Health 
     Service Act (referred to in this Act as the ``PHS Act'') with 
     respect to primary health care and the Native Hawaiian Health 
     Care Act of 1988, $1,683,772,000:  Provided, That no more 
     than $1,000,000 shall be available until expended for 
     carrying out the provisions of section 224(o) of the PHS Act: 
      Provided further, That no more than $120,000,000 shall be 
     available until expended for carrying out subsections (g) 
     through (n) and (q) of section 224 of the PHS Act, and for 
     expenses incurred by the Department of Health and Human 
     Services (referred to in this Act as ``HHS'') pertaining to 
     administrative claims made under such law.

                            health workforce

       For carrying out titles III, VII, and VIII of the PHS Act 
     with respect to the health workforce, sections 1128E and 1921 
     of the Social Security Act, and the Health Care Quality 
     Improvement Act of 1986, $1,224,006,000:  Provided, That 
     sections 751(j)(2) and 762(k) of the PHS Act and the 
     proportional funding amounts in paragraphs (1) through (4) of 
     section 756(f) of the PHS Act shall not apply to funds made 
     available under this heading:  Provided further, That for any 
     program operating under section 751 of the PHS Act on or 
     before January 1, 2009, the Secretary of Health and Human 
     Services (referred to in this title as the ``Secretary'') may 
     hereafter waive any of the requirements contained in sections 
     751(d)(2)(A) and 751(d)(2)(B) of such Act for the full 
     project period of a grant under such section:  Provided 
     further, That no funds shall be available for section 340G-1 
     of the PHS Act:  Provided further, That fees collected for 
     the disclosure of information under section 427(b) of the 
     Health Care Quality Improvement Act of 1986 and sections 
     1128E(d)(2) and 1921 of the Social Security Act shall be 
     sufficient to recover the full costs of operating the 
     programs authorized by such sections and shall remain 
     available until expended for the National Practitioner Data 
     Bank:  Provided further, That funds transferred to this 
     account to carry out section 846 and subpart 3 of part D of 
     title III of the PHS Act may be used to make prior year 
     adjustments to awards made under such section and subpart:  
     Provided further, That $120,000,000 shall remain available 
     until expended for the purposes of providing primary health 
     services, assigning National Health Service Corps (``NHSC'') 
     members to expand the delivery of substance use disorder 
     treatment services, notwithstanding the assignment priorities 
     and limitations under sections 333(a)(1)(D), 333(b), and 
     333A(a)(1)(B)(ii) of the PHS Act, and making payments under 
     the NHSC Loan Repayment Program under section 338B of such 
     Act:  Provided further, That, within the amount made 
     available in the previous proviso, $15,000,000 shall remain 
     available until expended for the purposes of making payments 
     under the NHSC Loan Repayment Program under section 338B of 
     the PHS Act to individuals participating in such program who 
     provide primary health services in Indian Health Service 
     facilities, Tribally-Operated 638 Health Programs, and Urban 
     Indian Health Programs (as those terms are defined by the 
     Secretary), notwithstanding the assignment priorities and 
     limitations under section 333(b) of such Act:  Provided 
     further, That for purposes of the previous two provisos, 
     section 331(a)(3)(D) of the PHS Act shall be applied as if 
     the term ``primary health services'' includes clinical 
     substance use disorder treatment services, including those 
     provided by masters level, licensed substance use disorder 
     treatment counselors:  Provided further, That of the funds 
     made available under this heading, $5,000,000 shall be 
     available to make grants to establish or expand optional 
     community-based nurse practitioner fellowship programs that 
     are accredited or in the accreditation process, with a 
     preference for those in Federally Qualified Health Centers, 
     for practicing postgraduate nurse practitioners in primary 
     care or behavioral health.
       Of the funds made available under this heading, $50,000,000 
     shall remain available until expended for grants to public 
     institutions of higher education to expand or support 
     graduate education for physicians provided by such 
     institutions:  Provided, That, in awarding such grants, the 
     Secretary shall give priority to public institutions of 
     higher education located in States with a projected primary 
     care provider shortage in 2025, as determined by the 
     Secretary:  Provided further, That grants so awarded are 
     limited to such public institutions of higher education in 
     States in the top quintile of States with a projected primary 
     care provider shortage in 2025, as determined by the 
     Secretary:  Provided further, That the minimum amount of a 
     grant so awarded to such an institution shall be not less 
     than $1,000,000 per year:  Provided further, That such a 
     grant may be awarded for a period not to exceed 5 years:  
     Provided further, That amounts made available in this 
     paragraph shall be awarded as supplemental grants to 
     recipients of grants awarded for this purpose in fiscal years 
     2019 and 2020, pursuant to the terms and conditions of each 
     institution's initial grant agreement, in an amount for each 
     institution that will result in every institution being 
     awarded the same total grant amount over fiscal years 2019 
     through 2021, provided the institution can justify the 
     expenditure of such funds:  Provided further, That such a 
     grant awarded with respect to a year to such an institution 
     shall be subject to a matching requirement of non-Federal 
     funds in an amount that is not less than 10 percent of the 
     total amount of Federal funds provided in the grant to such 
     institution with respect to such year.

                       maternal and child health

       For carrying out titles III, XI, XII, and XIX of the PHS 
     Act with respect to maternal and child health and title V of 
     the Social Security Act, $975,284,000:  Provided, That 
     notwithstanding sections 502(a)(1) and 502(b)(1) of the 
     Social Security Act, not more than $139,116,000 shall be 
     available for carrying out special projects of regional and 
     national significance pursuant to section 501(a)(2) of such 
     Act and $10,276,000 shall be available for projects described 
     in subparagraphs (A) through (F) of section 501(a)(3) of such 
     Act.

                      ryan white hiv/aids program

       For carrying out title XXVI of the PHS Act with respect to 
     the Ryan White HIV/AIDS program, $2,423,781,000, of which 
     $1,970,881,000 shall remain available to the Secretary 
     through September 30, 2023, for parts A and B of title XXVI 
     of the PHS Act, and of which not less than $900,313,000 shall 
     be for State AIDS Drug Assistance Programs under the 
     authority of section 2616 or 311(c) of such Act; and of which 
     $105,000,000, to remain available until expended, shall be 
     available to the Secretary for carrying out a program of 
     grants and contracts under title XXVI or section 311(c) of 
     such Act focused on ending the nationwide HIV/AIDS epidemic, 
     with any grants issued under such section 311(c) administered 
     in conjunction with title XXVI of the PHS Act, including the 
     limitation on administrative expenses.

                          health care systems

       For carrying out titles III and XII of the PHS Act with 
     respect to health care systems, and the Stem Cell Therapeutic 
     and Research Act of 2005, $129,093,000, of which $122,000 
     shall be available until expended for facilities renovations 
     at the Gillis W. Long Hansen's Disease Center.

                              rural health

       For carrying out titles III and IV of the PHS Act with 
     respect to rural health, section 427(a) of the Federal Coal 
     Mine Health and Safety Act of 1969, and sections 711 and 1820 
     of the Social Security Act, $329,519,000, of which 
     $55,609,000 from general revenues, notwithstanding section 
     1820(j) of the Social Security Act, shall be available for 
     carrying out the Medicare rural hospital flexibility grants 
     program:  Provided, That of the funds made available under 
     this heading for Medicare rural hospital flexibility grants, 
     $20,942,000 shall be available for the Small Rural Hospital 
     Improvement Grant Program for quality improvement and 
     adoption of health information technology and up to 
     $1,000,000 shall be to carry out section 1820(g)(6) of the 
     Social Security Act, with funds provided for grants under 
     section 1820(g)(6) available for the purchase and 
     implementation of telehealth services, including pilots and 
     demonstrations on the use of electronic health records to 
     coordinate rural veterans care between rural providers and 
     the Department of Veterans Affairs electronic health record 
     system:  Provided further, That notwithstanding section 
     338J(k) of the PHS Act, $12,500,000 shall be available for 
     State Offices of Rural Health:  Provided further, That 
     $10,500,000 shall remain available through September 30, 
     2023, to support the Rural Residency Development Program:  
     Provided further, That $110,000,000 shall be for the Rural 
     Communities Opioids Response Program.

                            family planning

       For carrying out the program under title X of the PHS Act 
     to provide for voluntary family planning projects, 
     $286,479,000:  Provided, That amounts provided to said 
     projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office.

                           program management

       For program support in the Health Resources and Services 
     Administration, $155,300,000:  Provided, That funds made 
     available under this heading may be used to supplement 
     program support funding provided under the headings ``Primary 
     Health Care'', ``Health Workforce'', ``Maternal and Child 
     Health'', ``Ryan White HIV/AIDS Program'', ``Health Care 
     Systems'', and ``Rural Health''.

[[Page H7428]]

  


             vaccine injury compensation program trust fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund (the ``Trust Fund''), such sums as may be 
     necessary for claims associated with vaccine-related injury 
     or death with respect to vaccines administered after 
     September 30, 1988, pursuant to subtitle 2 of title XXI of 
     the PHS Act, to remain available until expended:  Provided, 
     That for necessary administrative expenses, not to exceed 
     $11,200,000 shall be available from the Trust Fund to the 
     Secretary.

               Centers for Disease Control and Prevention

                 immunization and respiratory diseases

       For carrying out titles II, III, XVII, and XXI, and section 
     2821 of the PHS Act, titles II and IV of the Immigration and 
     Nationality Act, and section 501 of the Refugee Education 
     Assistance Act, with respect to immunization and respiratory 
     diseases, $448,805,000.

     hiv/aids, viral hepatitis, sexually transmitted diseases, and 
                        tuberculosis prevention

       For carrying out titles II, III, XVII, and XXIII of the PHS 
     Act with respect to HIV/AIDS, viral hepatitis, sexually 
     transmitted diseases, and tuberculosis prevention, 
     $1,314,056,000.

               emerging and zoonotic infectious diseases

       For carrying out titles II, III, and XVII, and section 2821 
     of the PHS Act, titles II and IV of the Immigration and 
     Nationality Act, and section 501 of the Refugee Education 
     Assistance Act, with respect to emerging and zoonotic 
     infectious diseases, $596,272,000:  Provided, That of the 
     amounts made available under this heading, up to $1,000,000 
     shall remain available until expended to pay for the 
     transportation, medical care, treatment, and other related 
     costs of persons quarantined or isolated under Federal or 
     State quarantine law.

            chronic disease prevention and health promotion

       For carrying out titles II, III, XI, XV, XVII, and XIX of 
     the PHS Act with respect to chronic disease prevention and 
     health promotion, $1,021,714,000:  Provided, That funds made 
     available under this heading may be available for making 
     grants under section 1509 of the PHS Act for not less than 21 
     States, tribes, or tribal organizations:  Provided further, 
     That of the funds made available under this heading, 
     $15,000,000 shall be available to continue and expand 
     community specific extension and outreach programs to combat 
     obesity in counties with the highest levels of obesity:  
     Provided further, That the proportional funding requirements 
     under section 1503(a) of the PHS Act shall not apply to funds 
     made available under this heading.

   birth defects, developmental disabilities, disabilities and health

       For carrying out titles II, III, XI, and XVII of the PHS 
     Act with respect to birth defects, developmental 
     disabilities, disabilities and health, $167,810,000.

                   public health scientific services

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to health statistics, surveillance, health 
     informatics, and workforce development, $591,997,000.

                          environmental health

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to environmental health, $205,850,000.

                     injury prevention and control

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to injury prevention and control, $682,879,000.

         national institute for occupational safety and health

       For carrying out titles II, III, and XVII of the PHS Act, 
     sections 101, 102, 103, 201, 202, 203, 301, and 501 of the 
     Federal Mine Safety and Health Act, section 13 of the Mine 
     Improvement and New Emergency Response Act, and sections 20, 
     21, and 22 of the Occupational Safety and Health Act, with 
     respect to occupational safety and health, $345,300,000.

       energy employees occupational illness compensation program

       For necessary expenses to administer the Energy Employees 
     Occupational Illness Compensation Program Act, $55,358,000, 
     to remain available until expended:  Provided, That this 
     amount shall be available consistent with the provision 
     regarding administrative expenses in section 151(b) of 
     division B, title I of Public Law 106-554.

                             global health

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to global health, $592,843,000, of which: (1) 
     $128,421,000 shall remain available through September 30, 
     2022 for international HIV/AIDS; and (2) $193,400,000 shall 
     remain available through September 30, 2023 for global 
     disease detection and emergency response:  Provided, That 
     funds may be used for purchase and insurance of official 
     motor vehicles in foreign countries.

                public health preparedness and response

       For carrying out titles II, III, and XVII of the PHS Act 
     with respect to public health preparedness and response, and 
     for expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, and 
     chemical threats to civilian populations, $842,200,000:  
     Provided, That the Director of the Centers for Disease 
     Control and Prevention (referred to in this title as ``CDC'') 
     or the Administrator of the Agency for Toxic Substances and 
     Disease Registry may detail staff without reimbursement to 
     support an activation of the CDC Emergency Operations Center, 
     so long as the Director or Administrator, as applicable, 
     provides a notice to the Committees on Appropriations of the 
     House of Representatives and the Senate within 15 days of the 
     use of this authority, a full report within 30 days after use 
     of this authority which includes the number of staff and 
     funding level broken down by the originating center and 
     number of days detailed, and an update of such report every 
     180 days until staff are no longer on detail without 
     reimbursement to the CDC Emergency Operations Center.

                        buildings and facilities

                     (including transfer of funds)

       For acquisition of real property, equipment, construction, 
     installation, demolition, and renovation of facilities, 
     $30,000,000, which shall remain available until September 30, 
     2025:  Provided, That funds made available to this account in 
     this or any prior Act that are available for the acquisition 
     of real property or for construction or improvement of 
     facilities shall be available to make improvements on non-
     federally owned property, provided that any improvements that 
     are not adjacent to federally owned property do not exceed 
     $2,500,000, and that the primary benefit of such improvements 
     accrues to CDC:  Provided further, That funds previously set-
     aside by CDC for repair and upgrade of the Lake Lynn 
     Experimental Mine and Laboratory shall be used to acquire a 
     replacement mine safety research facility:  Provided further, 
     That in addition, the prior year unobligated balance of any 
     amounts assigned to former employees in accounts of CDC made 
     available for Individual Learning Accounts shall be credited 
     to and merged with the amounts made available under this 
     heading to support the replacement of the mine safety 
     research facility.

                cdc-wide activities and program support

                     (including transfer of funds)

       For carrying out titles II, III, XVII and XIX, and section 
     2821 of the PHS Act and for cross-cutting activities and 
     program support for activities funded in other appropriations 
     included in this Act for the Centers for Disease Control and 
     Prevention, $123,570,000:  Provided, That paragraphs (1) 
     through (3) of subsection (b) of section 2821 of the PHS Act 
     shall not apply to funds appropriated under this heading and 
     in all other accounts of the CDC:  Provided further, That of 
     the amounts made available under this heading, $10,000,000, 
     to remain available until expended, shall be available to the 
     Director of the CDC for deposit in the Infectious Diseases 
     Rapid Response Reserve Fund established by section 231 of 
     division B of Public Law 115-245:  Provided further, That 
     funds appropriated under this heading may be used to support 
     a contract for the operation and maintenance of an aircraft 
     in direct support of activities throughout CDC to ensure the 
     agency is prepared to address public health preparedness 
     emergencies:  Provided further, That employees of CDC or the 
     Public Health Service, both civilian and commissioned 
     officers, detailed to States, municipalities, or other 
     organizations under authority of section 214 of the PHS Act, 
     or in overseas assignments, shall be treated as non-Federal 
     employees for reporting purposes only and shall not be 
     included within any personnel ceiling applicable to the 
     Agency, Service, or HHS during the period of detail or 
     assignment:  Provided further, That CDC may use up to $10,000 
     from amounts appropriated to CDC in this Act for official 
     reception and representation expenses when specifically 
     approved by the Director of CDC:  Provided further, That in 
     addition, such sums as may be derived from authorized user 
     fees, which shall be credited to the appropriation charged 
     with the cost thereof:  Provided further, That with respect 
     to the previous proviso, authorized user fees from the Vessel 
     Sanitation Program and the Respirator Certification Program 
     shall be available through September 30, 2022.

                     National Institutes of Health

                       national cancer institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cancer, $6,364,852,000, of which up to 
     $30,000,000 may be used for facilities repairs and 
     improvements at the National Cancer Institute--Frederick 
     Federally Funded Research and Development Center in 
     Frederick, Maryland.

               national heart, lung, and blood institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to cardiovascular, lung, and blood diseases, and 
     blood and blood products, $3,664,811,000.

         national institute of dental and craniofacial research

       For carrying out section 301 and title IV of the PHS Act 
     with respect to dental and craniofacial diseases, 
     $484,867,000.

    national institute of diabetes and digestive and kidney diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to diabetes and digestive and kidney disease, 
     $2,131,975,000.

        national institute of neurological disorders and stroke

       For carrying out section 301 and title IV of the PHS Act 
     with respect to neurological disorders and stroke, 
     $2,463,393,000.

         national institute of allergy and infectious diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to allergy and infectious diseases, 
     $6,069,619,000.

             national institute of general medical sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to general medical sciences, $2,991,417,000, of 
     which $1,271,505,000 shall be from funds available under 
     section 241 of the PHS Act:  Provided, That not less than 
     $396,573,000 is provided for the Institutional Development 
     Awards program.

[[Page H7429]]

  


  eunice kennedy shriver national institute of child health and human 
                              development

       For carrying out section 301 and title IV of the PHS Act 
     with respect to child health and human development, 
     $1,590,337,000.

                         national eye institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to eye diseases and visual disorders, 
     $835,714,000.

          national institute of environmental health sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to environmental health sciences, $814,675,000.

                      national institute on aging

       For carrying out section 301 and title IV of the PHS Act 
     with respect to aging, $3,899,227,000.

 national institute of arthritis and musculoskeletal and skin diseases

       For carrying out section 301 and title IV of the PHS Act 
     with respect to arthritis and musculoskeletal and skin 
     diseases, $634,292,000.

    national institute on deafness and other communication disorders

       For carrying out section 301 and title IV of the PHS Act 
     with respect to deafness and other communication disorders, 
     $498,076,000.

                 national institute of nursing research

       For carrying out section 301 and title IV of the PHS Act 
     with respect to nursing research, $174,957,000.

           national institute on alcohol abuse and alcoholism

       For carrying out section 301 and title IV of the PHS Act 
     with respect to alcohol abuse and alcoholism, $554,923,000.

                    national institute on drug abuse

       For carrying out section 301 and title IV of the PHS Act 
     with respect to drug abuse, $1,479,660,000.

                  national institute of mental health

       For carrying out section 301 and title IV of the PHS Act 
     with respect to mental health, $2,053,708,000.

                national human genome research institute

       For carrying out section 301 and title IV of the PHS Act 
     with respect to human genome research, $615,780,000.

      national institute of biomedical imaging and bioengineering

       For carrying out section 301 and title IV of the PHS Act 
     with respect to biomedical imaging and bioengineering 
     research, $410,728,000.

        national center for complementary and integrative health

       For carrying out section 301 and title IV of the PHS Act 
     with respect to complementary and integrative health, 
     $154,162,000.

      national institute on minority health and health disparities

       For carrying out section 301 and title IV of the PHS Act 
     with respect to minority health and health disparities 
     research, $390,865,000:  Provided, That funds may be used to 
     implement a reorganization that is presented to an advisory 
     council in a public meeting and for which the Committees on 
     Appropriations of the House of Representatives and the Senate 
     have been notified 30 days in advance.

                  john e. fogarty international center

       For carrying out the activities of the John E. Fogarty 
     International Center (described in subpart 2 of part E of 
     title IV of the PHS Act), $84,044,000.

                      national library of medicine

       For carrying out section 301 and title IV of the PHS Act 
     with respect to health information communications, 
     $463,787,000:  Provided, That of the amounts available for 
     improvement of information systems, $4,000,000 shall be 
     available until September 30, 2022:  Provided further, That 
     in fiscal year 2021, the National Library of Medicine may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health 
     (referred to in this title as ``NIH'').

          national center for advancing translational sciences

       For carrying out section 301 and title IV of the PHS Act 
     with respect to translational sciences, $855,421,000:  
     Provided, That up to $60,000,000 shall be available to 
     implement section 480 of the PHS Act, relating to the Cures 
     Acceleration Network:  Provided further, That at least 
     $586,841,000 is provided to the Clinical and Translational 
     Sciences Awards program.

                         office of the director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, NIH, $2,411,110,000:  Provided, That funding shall 
     be available for the purchase of not to exceed 29 passenger 
     motor vehicles for replacement only:  Provided further, That 
     all funds credited to the NIH Management Fund shall remain 
     available for one fiscal year after the fiscal year in which 
     they are deposited:  Provided further, That $180,000,000 
     shall be for the Environmental Influences on Child Health 
     Outcomes study:  Provided further, That $635,939,000 shall be 
     available for the Common Fund established under section 
     402A(c)(1) of the PHS Act:  Provided further, That of the 
     funds provided, $10,000 shall be for official reception and 
     representation expenses when specifically approved by the 
     Director of the NIH:  Provided further, That the Office of 
     AIDS Research within the Office of the Director of the NIH 
     may spend up to $8,000,000 to make grants for construction or 
     renovation of facilities as provided for in section 
     2354(a)(5)(B) of the PHS Act:  Provided further, That 
     $50,000,000 shall be used to carry out section 404I of the 
     PHS Act (42 U.S.C. 283K), relating to biomedical and 
     behavioral research facilities:  Provided further, That 
     $5,000,000 shall be transferred to and merged with the 
     appropriation for the ``Office of Inspector General'' for 
     oversight of grant programs and operations of the NIH, 
     including agency efforts to ensure the integrity of its grant 
     application evaluation and selection processes, and shall be 
     in addition to funds otherwise made available for oversight 
     of the NIH:  Provided further, That the funds provided in the 
     previous proviso may be transferred from one specified 
     activity to another with 15 days prior approval of the 
     Committees on Appropriations of the House of Representatives 
     and the Senate:  Provided further, That the Inspector General 
     shall consult with the Committees on Appropriations of the 
     House of Representatives and the Senate before submitting to 
     the Committees an audit plan for fiscal years 2021 and 2022 
     no later than 30 days after the date of enactment of this 
     Act.
       In addition to other funds appropriated for the Common Fund 
     established under section 402A(c) of the PHS Act, $12,600,000 
     is appropriated to the Common Fund from the 10-year Pediatric 
     Research Initiative Fund described in section 9008 of title 
     26, United States Code, for the purpose of carrying out 
     section 402(b)(7)(B)(ii) of the PHS Act (relating to 
     pediatric research), as authorized in the Gabriella Miller 
     Kids First Research Act.

                        buildings and facilities

       For the study of, construction of, demolition of, 
     renovation of, and acquisition of equipment for, facilities 
     of or used by NIH, including the acquisition of real 
     property, $200,000,000, to remain available through September 
     30, 2025.

                   nih innovation account, cures act

                     (including transfer of funds)

       For necessary expenses to carry out the purposes described 
     in section 1001(b)(4) of the 21st Century Cures Act, in 
     addition to amounts available for such purposes in the 
     appropriations provided to the NIH in this Act, $404,000,000, 
     to remain available until expended:  Provided, That such 
     amounts are appropriated pursuant to section 1001(b)(3) of 
     such Act, are to be derived from amounts transferred under 
     section 1001(b)(2)(A) of such Act, and may be transferred by 
     the Director of the National Institutes of Health to other 
     accounts of the National Institutes of Health solely for the 
     purposes provided in such Act:  Provided further, That upon a 
     determination by the Director that funds transferred pursuant 
     to the previous proviso are not necessary for the purposes 
     provided, such amounts may be transferred back to the 
     Account:  Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority provided by law.

       Substance Abuse and Mental Health Services Administration

                             mental health

       For carrying out titles III, V, and XIX of the PHS Act with 
     respect to mental health, and the Protection and Advocacy for 
     Individuals with Mental Illness Act, $1,759,236,000:  
     Provided, That of the funds made available under this 
     heading, $71,887,000 shall be for the National Child 
     Traumatic Stress Initiative:  Provided further, That 
     notwithstanding section 520A(f)(2) of the PHS Act, no funds 
     appropriated for carrying out section 520A shall be available 
     for carrying out section 1971 of the PHS Act:  Provided 
     further, That in addition to amounts provided herein, 
     $21,039,000 shall be available under section 241 of the PHS 
     Act to carry out subpart I of part B of title XIX of the PHS 
     Act to fund section 1920(b) technical assistance, national 
     data, data collection and evaluation activities, and further 
     that the total available under this Act for section 1920(b) 
     activities shall not exceed 5 percent of the amounts 
     appropriated for subpart I of part B of title XIX:  Provided 
     further, That of the funds made available under this heading 
     for subpart I of part B of title XIX of the PHS Act, 
     $35,000,000 shall be available to support evidence-based 
     crisis systems:  Provided further, That up to 10 percent of 
     the amounts made available to carry out the Children's Mental 
     Health Services program may be used to carry out 
     demonstration grants or contracts for early interventions 
     with persons not more than 25 years of age at clinical high 
     risk of developing a first episode of psychosis:  Provided 
     further, That section 520E(b)(2) of the PHS Act shall not 
     apply to funds appropriated in this Act for fiscal year 2021: 
      Provided further, That States shall expend at least 10 
     percent of the amount each receives for carrying out section 
     1911 of the PHS Act to support evidence-based programs that 
     address the needs of individuals with early serious mental 
     illness, including psychotic disorders, regardless of the age 
     of the individual at onset:  Provided further, That 
     $250,000,000 shall be available until September 30, 2023 for 
     grants to communities and community organizations who meet 
     criteria for Certified Community Behavioral Health Clinics 
     pursuant to section 223(a) of Public Law 113-93:  Provided 
     further, That none of the funds provided for section 1911 of 
     the PHS Act shall be subject to section 241 of such Act:  
     Provided further, That of the funds made available under this 
     heading, $21,000,000 shall be to carry out section 224 of the 
     Protecting Access to Medicare Act of 2014 (Public Law 113-93; 
     42 U.S.C. 290aa 22 note).

                       substance abuse treatment

       For carrying out titles III and V of the PHS Act with 
     respect to substance abuse treatment and title XIX of such 
     Act with respect to substance abuse treatment and prevention, 
     and the SUPPORT for Patients and Communities Act, 
     $3,773,556,000:  Provided, That $1,500,000,000 shall be for 
     State Opioid Response Grants for

[[Page H7430]]

     carrying out activities pertaining to opioids and stimulants 
     undertaken by the State agency responsible for administering 
     the substance abuse prevention and treatment block grant 
     under subpart II of part B of title XIX of the PHS Act (42 
     U.S.C. 300x-21 et seq.):  Provided further, That of such 
     amount $50,000,000 shall be made available to Indian Tribes 
     or tribal organizations:  Provided further, That 15 percent 
     of the remaining amount shall be for the States with the 
     highest mortality rate related to opioid use disorders:  
     Provided further, That of the amounts provided for State 
     Opioid Response Grants not more than 2 percent shall be 
     available for Federal administrative expenses, training, 
     technical assistance, and evaluation:  Provided further, That 
     of the amount not reserved by the previous three provisos, 
     the Secretary shall make allocations to States, territories, 
     and the District of Columbia according to a formula using 
     national survey results that the Secretary determines are the 
     most objective and reliable measure of drug use and drug-
     related deaths:  Provided further, That the Secretary shall 
     submit the formula methodology to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     not less than 15 days prior to publishing a Funding 
     Opportunity Announcement:  Provided further, That prevention 
     and treatment activities funded through such grants may 
     include education, treatment (including the provision of 
     medication), behavioral health services for individuals in 
     treatment programs, referral to treatment services, recovery 
     support, and medical screening associated with such 
     treatment:  Provided further, That each State, as well as the 
     District of Columbia, shall receive not less than $4,000,000: 
      Provided further, That in addition to amounts provided 
     herein, the following amounts shall be available under 
     section 241 of the PHS Act: (1) $79,200,000 to carry out 
     subpart II of part B of title XIX of the PHS Act to fund 
     section 1935(b) technical assistance, national data, data 
     collection and evaluation activities, and further that the 
     total available under this Act for section 1935(b) activities 
     shall not exceed 5 percent of the amounts appropriated for 
     subpart II of part B of title XIX; and (2) $2,000,000 to 
     evaluate substance abuse treatment programs:  Provided 
     further, That none of the funds provided for section 1921 of 
     the PHS Act or State Opioid Response Grants shall be subject 
     to section 241 of such Act.

                       substance abuse prevention

       For carrying out titles III and V of the PHS Act with 
     respect to substance abuse prevention, $208,219,000.

                health surveillance and program support

       For program support and cross-cutting activities that 
     supplement activities funded under the headings ``Mental 
     Health'', ``Substance Abuse Treatment'', and ``Substance 
     Abuse Prevention'' in carrying out titles III, V, and XIX of 
     the PHS Act and the Protection and Advocacy for Individuals 
     with Mental Illness Act in the Substance Abuse and Mental 
     Health Services Administration, $128,830,000:  Provided, That 
     in addition to amounts provided herein, $31,428,000 shall be 
     available under section 241 of the PHS Act to supplement 
     funds available to carry out national surveys on drug abuse 
     and mental health, to collect and analyze program data, and 
     to conduct public awareness and technical assistance 
     activities:  Provided further, That, in addition, fees may be 
     collected for the costs of publications, data, data 
     tabulations, and data analysis completed under title V of the 
     PHS Act and provided to a public or private entity upon 
     request, which shall be credited to this appropriation and 
     shall remain available until expended for such purposes:  
     Provided further, That amounts made available in this Act for 
     carrying out section 501(o) of the PHS Act shall remain 
     available through September 30, 2022:  Provided further, That 
     funds made available under this heading may be used to 
     supplement program support funding provided under the 
     headings ``Mental Health'', ``Substance Abuse Treatment'', 
     and ``Substance Abuse Prevention''.

               Agency for Healthcare Research and Quality

                    healthcare research and quality

       For carrying out titles III and IX of the PHS Act, part A 
     of title XI of the Social Security Act, and section 1013 of 
     the Medicare Prescription Drug, Improvement, and 
     Modernization Act of 2003, $338,000,000:  Provided, That 
     section 947(c) of the PHS Act shall not apply in fiscal year 
     2021:  Provided further, That in addition, amounts received 
     from Freedom of Information Act fees, reimbursable and 
     interagency agreements, and the sale of data shall be 
     credited to this appropriation and shall remain available 
     until September 30, 2022.

                Centers for Medicare & Medicaid Services

                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $313,904,098,000, to 
     remain available until expended.
       For making, after May 31, 2021, payments to States under 
     title XIX or in the case of section 1928 on behalf of States 
     under title XIX of the Social Security Act for the last 
     quarter of fiscal year 2021 for unanticipated costs incurred 
     for the current fiscal year, such sums as may be necessary.
       For making payments to States or in the case of section 
     1928 on behalf of States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2022, 
     $148,732,315,000, to remain available until expended.
       Payment under such title XIX may be made for any quarter 
     with respect to a State plan or plan amendment in effect 
     during such quarter, if submitted in or prior to such quarter 
     and approved in that or any subsequent quarter.

                payments to the health care trust funds

       For payment to the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund, 
     as provided under sections 217(g), 1844, and 1860D-16 of the 
     Social Security Act, sections 103(c) and 111(d) of the Social 
     Security Amendments of 1965, section 278(d)(3) of Public Law 
     97-248, and for administrative expenses incurred pursuant to 
     section 201(g) of the Social Security Act, $439,514,000,000.
       In addition, for making matching payments under section 
     1844 and benefit payments under section 1860D-16 of the 
     Social Security Act that were not anticipated in budget 
     estimates, such sums as may be necessary.

                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX, and XXI of the Social Security Act, titles XIII 
     and XXVII of the PHS Act, the Clinical Laboratory Improvement 
     Amendments of 1988, and other responsibilities of the Centers 
     for Medicare & Medicaid Services, not to exceed 
     $3,669,744,000, to be transferred from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund, as authorized by section 201(g) of the 
     Social Security Act; together with all funds collected in 
     accordance with section 353 of the PHS Act and section 
     1857(e)(2) of the Social Security Act, funds retained by the 
     Secretary pursuant to section 1893(h) of the Social Security 
     Act, and such sums as may be collected from authorized user 
     fees and the sale of data, which shall be credited to this 
     account and remain available until expended:  Provided, That 
     all funds derived in accordance with 31 U.S.C. 9701 from 
     organizations established under title XIII of the PHS Act 
     shall be credited to and available for carrying out the 
     purposes of this appropriation:  Provided further, That the 
     Secretary is directed to collect fees in fiscal year 2021 
     from Medicare Advantage organizations pursuant to section 
     1857(e)(2) of the Social Security Act and from eligible 
     organizations with risk-sharing contracts under section 1876 
     of that Act pursuant to section 1876(k)(4)(D) of that Act:  
     Provided further, That of the amount made available under 
     this heading, $397,334,000 shall remain available until 
     September 30, 2022, and shall be available for the Survey and 
     Certification Program:  Provided further, That amounts 
     available under this heading to support quality improvement 
     organizations (as defined in section 1152 of the Social 
     Security Act) shall not exceed the amount specifically 
     provided for such purpose under this heading in division H of 
     the Consolidated Appropriations Act, 2018 (Public Law 115-
     141).

              health care fraud and abuse control account

       In addition to amounts otherwise available for program 
     integrity and program management, $807,000,000, to remain 
     available through September 30, 2022, to be transferred from 
     the Federal Hospital Insurance Trust Fund and the Federal 
     Supplementary Medical Insurance Trust Fund, as authorized by 
     section 201(g) of the Social Security Act, of which 
     $616,000,000 shall be for the Centers for Medicare & Medicaid 
     Services program integrity activities, of which $99,000,000 
     shall be for the Department of Health and Human Services 
     Office of Inspector General to carry out fraud and abuse 
     activities authorized by section 1817(k)(3) of such Act, and 
     of which $92,000,000 shall be for the Department of Justice 
     to carry out fraud and abuse activities authorized by section 
     1817(k)(3) of such Act:  Provided, That the report required 
     by section 1817(k)(5) of the Social Security Act for fiscal 
     year 2021 shall include measures of the operational 
     efficiency and impact on fraud, waste, and abuse in the 
     Medicare, Medicaid, and CHIP programs for the funds provided 
     by this appropriation:  Provided further, That of the amount 
     provided under this heading, $311,000,000 is provided to meet 
     the terms of section 251(b)(2)(C)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, and 
     $496,000,000 is additional new budget authority specified for 
     purposes of section 251(b)(2)(C) of such Act:  Provided 
     further, That the Secretary shall provide not less than 
     $20,000,000 from amounts made available under this heading 
     and amounts made available for fiscal year 2021 under section 
     1817(k)(3)(A) of the Social Security Act for the Senior 
     Medicare Patrol program to combat health care fraud and 
     abuse.

                Administration for Children and Families

  payments to states for child support enforcement and family support 
                                programs

       For carrying out, except as otherwise provided, titles I, 
     IV-D, X, XI, XIV, and XVI of the Social Security Act and the 
     Act of July 5, 1960, $3,039,000,000, to remain available 
     until expended; and for such purposes for the first quarter 
     of fiscal year 2022, $1,400,000,000, to remain available 
     until expended.
       For carrying out, after May 31 of the current fiscal year, 
     except as otherwise provided, titles I, IV-D, X, XI, XIV, and 
     XVI of the Social Security Act and the Act of July 5, 1960, 
     for the last 3 months of the current fiscal year for 
     unanticipated costs, incurred for the current fiscal year, 
     such sums as may be necessary.

                   low income home energy assistance

       For making payments under subsections (b) and (d) of 
     section 2602 of the Low-Income Home Energy Assistance Act of 
     1981 (42 U.S.C. 8621 et seq.), $3,750,304,000:  Provided, 
     That notwithstanding section 2609A(a) of such Act, not more 
     than $3,500,000 may be reserved by the Secretary of Health 
     and Human Services for technical assistance, training, and 
     monitoring of program activities for compliance with internal 
     controls, policies and procedures and the Secretary may, in 
     addition to the authorities provided in section 2609A(a)(1), 
     use such funds through contracts with private entities that 
     do not qualify as nonprofit organizations:  Provided further, 
     That all but $760,000,000 of the amount appropriated

[[Page H7431]]

     under this heading shall be allocated as though the total 
     appropriation for such payments for fiscal year 2021 was less 
     than $1,975,000,000:  Provided further, That, after applying 
     all applicable provisions of section 2604 of such Act and the 
     previous proviso, each State or territory that would 
     otherwise receive an allocation that is less than 97 percent 
     of the amount that it received under this heading for fiscal 
     year 2020 from amounts appropriated in Public Law 116-94 
     shall have its allocation increased to that 97 percent level, 
     with the portions of other States' and territories' 
     allocations that would exceed 100 percent of the amounts they 
     respectively received in such fashion for fiscal year 2020 
     being ratably reduced.

                     refugee and entrant assistance

                     (including transfer of funds)

       For necessary expenses for refugee and entrant assistance 
     activities authorized by section 414 of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980, and for carrying out section 462 of 
     the Homeland Security Act of 2002, section 235 of the William 
     Wilberforce Trafficking Victims Protection Reauthorization 
     Act of 2008, the Trafficking Victims Protection Act of 2000 
     (``TVPA''), and the Torture Victims Relief Act of 1998, 
     $1,910,201,000, of which $1,864,446,000 shall remain 
     available through September 30, 2023 for carrying out such 
     sections 414, 501, 462, and 235:  Provided, That amounts 
     available under this heading to carry out the TVPA shall also 
     be available for research and evaluation with respect to 
     activities under such Act:  Provided further, That the 
     limitation in section 205 of this Act regarding transfers 
     increasing any appropriation shall apply to transfers to 
     appropriations under this heading by substituting ``15 
     percent'' for ``3 percent'':  Provided further, That the 
     contribution of funds requirement under section 
     235(c)(6)(C)(iii) of the William Wilberforce Trafficking 
     Victims Protection Reauthorization Act of 2008 shall not 
     apply to funds made available under this heading.

   payments to states for the child care and development block grant

       For carrying out the Child Care and Development Block Grant 
     Act of 1990 (``CCDBG Act''), $5,911,000,000 shall be used to 
     supplement, not supplant State general revenue funds for 
     child care assistance for low-income families:  Provided, 
     That technical assistance under section 658I(a)(3) of such 
     Act may be provided directly, or through the use of 
     contracts, grants, cooperative agreements, or interagency 
     agreements:  Provided further, That all funds made available 
     to carry out section 418 of the Social Security Act (42 
     U.S.C. 618), including funds appropriated for that purpose in 
     such section 418 or any other provision of law, shall be 
     subject to the reservation of funds authority in paragraphs 
     (4) and (5) of section 658O(a) of the CCDBG Act:  Provided 
     further, That in addition to the amounts required to be 
     reserved by the Secretary under section 658O(a)(2)(A) of such 
     Act, $177,330,000 shall be for Indian tribes and tribal 
     organizations.

                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,700,000,000:  Provided, That 
     notwithstanding subparagraph (B) of section 404(d)(2) of such 
     Act, the applicable percent specified under such subparagraph 
     for a State to carry out State programs pursuant to title XX-
     A of such Act shall be 10 percent.

                children and families services programs

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Head Start Act, the Every Student 
     Succeeds Act, the Child Abuse Prevention and Treatment Act, 
     sections 303 and 313 of the Family Violence Prevention and 
     Services Act, the Native American Programs Act of 1974, title 
     II of the Child Abuse Prevention and Treatment and Adoption 
     Reform Act of 1978 (adoption opportunities), part B-1 of 
     title IV and sections 429, 473A, 477(i), 1110, 1114A, and 
     1115 of the Social Security Act, and the Community Services 
     Block Grant Act (``CSBG Act''); and for necessary 
     administrative expenses to carry out titles I, IV, V, X, XI, 
     XIV, XVI, and XX-A of the Social Security Act, the Act of 
     July 5, 1960, the Low-Income Home Energy Assistance Act of 
     1981, the Child Care and Development Block Grant Act of 1990, 
     the Assets for Independence Act, title IV of the Immigration 
     and Nationality Act, and section 501 of the Refugee Education 
     Assistance Act of 1980, $13,040,511,000, of which 
     $75,000,000, to remain available through September 30, 2022, 
     shall be for grants to States for adoption and legal 
     guardianship incentive payments, as defined by section 473A 
     of the Social Security Act and may be made for adoptions and 
     legal guardianships completed before September 30, 2021:  
     Provided, That $10,748,095,000 shall be for making payments 
     under the Head Start Act, including for Early Head Start-
     Child Care Partnerships, and, of which, notwithstanding 
     section 640 of such Act:
       (1) $123,000,000 shall be available for a cost of living 
     adjustment, and with respect to any continuing appropriations 
     act, funding available for a cost of living adjustment shall 
     not be construed as an authority or condition under this Act;
       (2) $25,000,000 shall be available for allocation by the 
     Secretary to supplement activities described in paragraphs 
     (7)(B) and (9) of section 641(c) of the Head Start Act under 
     the Designation Renewal System, established under the 
     authority of sections 641(c)(7), 645A(b)(12), and 645A(d) of 
     such Act, and such funds shall not be included in the 
     calculation of ``base grant'' in subsequent fiscal years, as 
     such term is used in section 640(a)(7)(A) of such Act;
       (3) $10,000,000 shall be available to migrant and seasonal 
     Head Start programs, in addition to funds made available for 
     migrant and seasonal Head Start programs under section 640(a) 
     of the Head Start Act, for the purposes of quality 
     improvement consistent with section 640(a)(5) of such Act 
     except that any amount of the funds may be used on any of the 
     activities in such section 640(a)(5):  Provided further, That 
     funds derived from a migrant and seasonal Head Start program 
     held by the Secretary as a result of recapturing, 
     withholding, or reducing a base grant that were unable to be 
     redistributed consistent with section 641A(h)(6)(A)(ii) of 
     such Act shall be added to the amount in this paragraph;
       (4) $4,000,000 shall be available for the purposes of 
     maintaining the Tribal Colleges and Universities Head Start 
     Partnership Program consistent with section 648(g) of such 
     Act; and
       (5) $21,000,000 shall be available to supplement funding 
     otherwise available for research, evaluation, and Federal 
     administrative costs:
       Provided further, That the Secretary may reduce the 
     reservation of funds under section 640(a)(2)(C) of such Act 
     in lieu of reducing the reservation of funds under sections 
     640(a)(2)(B), 640(a)(2)(D), and 640(a)(2)(E) of such Act:  
     Provided further, That $275,000,000 shall be available until 
     December 31, 2021 for carrying out sections 9212 and 9213 of 
     the Every Student Succeeds Act:  Provided further, That up to 
     3 percent of the funds in the preceding proviso shall be 
     available for technical assistance and evaluation related to 
     grants awarded under such section 9212:  Provided further, 
     That $775,383,000 shall be for making payments under the CSBG 
     Act:  Provided further, That $30,383,000 shall be for section 
     680 of the CSBG Act, of which not less than $20,383,000 shall 
     be for section 680(a)(2) and not less than $10,000,000 shall 
     be for section 680(a)(3)(B) of such Act:  Provided further, 
     That, notwithstanding section 675C(a)(3) of the CSBG Act, to 
     the extent Community Services Block Grant funds are 
     distributed as grant funds by a State to an eligible entity 
     as provided under such Act, and have not been expended by 
     such entity, they shall remain with such entity for carryover 
     into the next fiscal year for expenditure by such entity 
     consistent with program purposes:  Provided further, That the 
     Secretary shall establish procedures regarding the 
     disposition of intangible assets and program income that 
     permit such assets acquired with, and program income derived 
     from, grant funds authorized under section 680 of the CSBG 
     Act to become the sole property of such grantees after a 
     period of not more than 12 years after the end of the grant 
     period for any activity consistent with section 680(a)(2)(A) 
     of the CSBG Act:  Provided further, That intangible assets in 
     the form of loans, equity investments and other debt 
     instruments, and program income may be used by grantees for 
     any eligible purpose consistent with section 680(a)(2)(A) of 
     the CSBG Act:  Provided further, That these procedures shall 
     apply to such grant funds made available after November 29, 
     1999:  Provided further, That funds appropriated for section 
     680(a)(2) of the CSBG Act shall be available for financing 
     construction and rehabilitation and loans or investments in 
     private business enterprises owned by community development 
     corporations:  Provided further, That $182,500,000 shall be 
     for carrying out section 303(a) of the Family Violence 
     Prevention and Services Act, of which $7,000,000 shall be 
     allocated notwithstanding section 303(a)(2) of such Act for 
     carrying out section 309 of such Act:  Provided further, That 
     the percentages specified in section 112(a)(2) of the Child 
     Abuse Prevention and Treatment Act shall not apply to funds 
     appropriated under this heading:  Provided further, That 
     $1,864,000 shall be for a human services case management 
     system for federally declared disasters, to include a 
     comprehensive national case management contract and Federal 
     costs of administering the system:  Provided further, That up 
     to $2,000,000 shall be for improving the Public Assistance 
     Reporting Information System, including grants to States to 
     support data collection for a study of the system's 
     effectiveness.

                   promoting safe and stable families

       For carrying out, except as otherwise provided, section 436 
     of the Social Security Act, $345,000,000 and, for carrying 
     out, except as otherwise provided, section 437 of such Act, 
     $82,515,000:  Provided, That of the funds available to carry 
     out section 437, $59,765,000 shall be allocated consistent 
     with subsections (b) through (d) of such section:  Provided 
     further, That of the funds available to carry out section 
     437, to assist in meeting the requirements described in 
     section 471(e)(4)(C), $20,000,000 shall be for grants to each 
     State, territory, and Indian tribe operating title IV-E plans 
     for developing, enhancing, or evaluating kinship navigator 
     programs, as described in section 427(a)(1) of such Act and 
     $2,750,000, in addition to funds otherwise appropriated in 
     section 476 for such purposes, shall be for the Family First 
     Clearinghouse:  Provided further, That section 437(b)(1) 
     shall be applied to amounts in the previous proviso by 
     substituting ``5 percent'' for ``3.3 percent'', and 
     notwithstanding section 436(b)(1), such reserved amounts may 
     be used for identifying, establishing, and disseminating 
     practices to meet the criteria specified in section 
     471(e)(4)(C):  Provided further, That the reservation in 
     section 437(b)(2) and the limitations in section 437(d) shall 
     not apply to funds specified in the second proviso:  Provided 
     further, That the minimum grant award for kinship navigator 
     programs in the case of States and territories shall be 
     $200,000, and, in the case of tribes, shall be $25,000.

                payments for foster care and permanency

       For carrying out, except as otherwise provided, title IV-E 
     of the Social Security Act, $7,012,000,000.
       For carrying out, except as otherwise provided, title IV-E 
     of the Social Security Act, for

[[Page H7432]]

     the first quarter of fiscal year 2022, $3,000,000,000.
       For carrying out, after May 31 of the current fiscal year, 
     except as otherwise provided, section 474 of title IV-E of 
     the Social Security Act, for the last 3 months of the current 
     fiscal year for unanticipated costs, incurred for the current 
     fiscal year, such sums as may be necessary.

                  Administration for Community Living

                 aging and disability services programs

                     (including transfer of funds)

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965 (``OAA''), the RAISE Family 
     Caregivers Act, the Supporting Grandparents Raising 
     Grandchildren Act, titles III and XXIX of the PHS Act, 
     sections 1252 and 1253 of the PHS Act, section 119 of the 
     Medicare Improvements for Patients and Providers Act of 2008, 
     title XX-B of the Social Security Act, the Developmental 
     Disabilities Assistance and Bill of Rights Act, parts 2 and 5 
     of subtitle D of title II of the Help America Vote Act of 
     2002, the Assistive Technology Act of 1998, titles II and VII 
     (and section 14 with respect to such titles) of the 
     Rehabilitation Act of 1973, and for Department-wide 
     coordination of policy and program activities that assist 
     individuals with disabilities, $2,206,000,000, together with 
     $52,115,000 to be transferred from the Federal Hospital 
     Insurance Trust Fund and the Federal Supplementary Medical 
     Insurance Trust Fund to carry out section 4360 of the Omnibus 
     Budget Reconciliation Act of 1990:  Provided, That amounts 
     appropriated under this heading may be used for grants to 
     States under section 361 of the OAA only for disease 
     prevention and health promotion programs and activities which 
     have been demonstrated through rigorous evaluation to be 
     evidence-based and effective:  Provided further, That of 
     amounts made available under this heading to carry out 
     sections 311, 331, and 336 of the OAA, up to one percent of 
     such amounts shall be available for developing and 
     implementing evidence-based practices for enhancing senior 
     nutrition, including medically-tailored meals:  Provided 
     further, That notwithstanding any other provision of this 
     Act, funds made available under this heading to carry out 
     section 311 of the OAA may be transferred to the Secretary of 
     Agriculture in accordance with such section:  Provided 
     further, That $2,000,000 shall be for competitive grants to 
     support alternative financing programs that provide for the 
     purchase of assistive technology devices, such as a low-
     interest loan fund; an interest buy-down program; a revolving 
     loan fund; a loan guarantee; or an insurance program:  
     Provided further, That applicants shall provide an assurance 
     that, and information describing the manner in which, the 
     alternative financing program will expand and emphasize 
     consumer choice and control:  Provided further, That State 
     agencies and community-based disability organizations that 
     are directed by and operated for individuals with 
     disabilities shall be eligible to compete:  Provided further, 
     That none of the funds made available under this heading may 
     be used by an eligible system (as defined in section 102 of 
     the Protection and Advocacy for Individuals with Mental 
     Illness Act (42 U.S.C. 10802)) to continue to pursue any 
     legal action in a Federal or State court on behalf of an 
     individual or group of individuals with a developmental 
     disability (as defined in section 102(8)(A) of the 
     Developmental Disabilities and Assistance and Bill of Rights 
     Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable to a 
     mental impairment (or a combination of mental and physical 
     impairments), that has as the requested remedy the closure of 
     State operated intermediate care facilities for people with 
     intellectual or developmental disabilities, unless reasonable 
     public notice of the action has been provided to such 
     individuals (or, in the case of mental incapacitation, the 
     legal guardians who have been specifically awarded authority 
     by the courts to make healthcare and residential decisions on 
     behalf of such individuals) who are affected by such action, 
     within 90 days of instituting such legal action, which 
     informs such individuals (or such legal guardians) of their 
     legal rights and how to exercise such rights consistent with 
     current Federal Rules of Civil Procedure:  Provided further, 
     That the limitations in the immediately preceding proviso 
     shall not apply in the case of an individual who is neither 
     competent to consent nor has a legal guardian, nor shall the 
     proviso apply in the case of individuals who are a ward of 
     the State or subject to public guardianship.

                        Office of the Secretary

                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six passenger 
     motor vehicles, and for carrying out titles III, XVII, XXI, 
     and section 229 of the PHS Act, the United States-Mexico 
     Border Health Commission Act, and research studies under 
     section 1110 of the Social Security Act, $485,794,000, 
     together with $64,828,000 from the amounts available under 
     section 241 of the PHS Act to carry out national health or 
     human services research and evaluation activities:  Provided, 
     That of this amount, $55,400,000 shall be for minority AIDS 
     prevention and treatment activities:  Provided further, That 
     of the funds made available under this heading, $101,000,000 
     shall be for making competitive contracts and grants to 
     public and private entities to fund medically accurate and 
     age appropriate programs that reduce teen pregnancy and for 
     the Federal costs associated with administering and 
     evaluating such contracts and grants, of which not more than 
     10 percent of the available funds shall be for training and 
     technical assistance, evaluation, outreach, and additional 
     program support activities, and of the remaining amount 75 
     percent shall be for replicating programs that have been 
     proven effective through rigorous evaluation to reduce 
     teenage pregnancy, behavioral risk factors underlying teenage 
     pregnancy, or other associated risk factors, and 25 percent 
     shall be available for research and demonstration grants to 
     develop, replicate, refine, and test additional models and 
     innovative strategies for preventing teenage pregnancy:  
     Provided further, That of the amounts provided under this 
     heading from amounts available under section 241 of the PHS 
     Act, $6,800,000 shall be available to carry out evaluations 
     (including longitudinal evaluations) of teenage pregnancy 
     prevention approaches:  Provided further, That of the funds 
     made available under this heading, $35,000,000 shall be for 
     making competitive grants which exclusively implement 
     education in sexual risk avoidance (defined as voluntarily 
     refraining from non-marital sexual activity):  Provided 
     further, That funding for such competitive grants for sexual 
     risk avoidance shall use medically accurate information 
     referenced to peer-reviewed publications by educational, 
     scientific, governmental, or health organizations; implement 
     an evidence-based approach integrating research findings with 
     practical implementation that aligns with the needs and 
     desired outcomes for the intended audience; and teach the 
     benefits associated with self-regulation, success sequencing 
     for poverty prevention, healthy relationships, goal setting, 
     and resisting sexual coercion, dating violence, and other 
     youth risk behaviors such as underage drinking or illicit 
     drug use without normalizing teen sexual activity:  Provided 
     further, That no more than 10 percent of the funding for such 
     competitive grants for sexual risk avoidance shall be 
     available for technical assistance and administrative costs 
     of such programs:  Provided further, That funds provided in 
     this Act for embryo adoption activities may be used to 
     provide to individuals adopting embryos, through grants and 
     other mechanisms, medical and administrative services deemed 
     necessary for such adoptions:  Provided further, That such 
     services shall be provided consistent with 42 CFR 59.5(a)(4): 
      Provided further, That of the funds made available under 
     this heading, $5,000,000 shall be for carrying out prize 
     competitions sponsored by the Office of the Secretary to 
     accelerate innovation in the prevention, diagnosis, and 
     treatment of kidney diseases (as authorized by section 24 of 
     the Stevenson-Wydler Technology Innovation Act of 1980 (15 
     U.S.C. 3719)).

                     medicare hearings and appeals

       For expenses necessary for Medicare hearings and appeals in 
     the Office of the Secretary, $191,881,000 shall remain 
     available until September 30, 2022, to be transferred in 
     appropriate part from the Federal Hospital Insurance Trust 
     Fund and the Federal Supplementary Medical Insurance Trust 
     Fund.

  office of the national coordinator for health information technology

       For expenses necessary for the Office of the National 
     Coordinator for Health Information Technology, including 
     grants, contracts, and cooperative agreements for the 
     development and advancement of interoperable health 
     information technology, $62,367,000.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     including the hire of passenger motor vehicles for 
     investigations, in carrying out the provisions of the 
     Inspector General Act of 1978, $80,000,000:  Provided, That 
     of such amount, necessary sums shall be available for 
     providing protective services to the Secretary and 
     investigating non-payment of child support cases for which 
     non-payment is a Federal offense under 18 U.S.C. 228.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $38,798,000.

     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, and for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act, such amounts as may be required during the 
     current fiscal year.

            public health and social services emergency fund

       For expenses necessary to support activities related to 
     countering potential biological, nuclear, radiological, 
     chemical, and cybersecurity threats to civilian populations, 
     and for other public health emergencies, $1,085,458,000, of 
     which $596,700,000 shall remain available through September 
     30, 2022, for expenses necessary to support advanced research 
     and development pursuant to section 319L of the PHS Act and 
     other administrative expenses of the Biomedical Advanced 
     Research and Development Authority:  Provided, That funds 
     provided under this heading for the purpose of acquisition of 
     security countermeasures shall be in addition to any other 
     funds available for such purpose:  Provided further, That 
     products purchased with funds provided under this heading 
     may, at the discretion of the Secretary, be deposited in the 
     Strategic National Stockpile pursuant to section 319F-2 of 
     the PHS Act:  Provided further, That $5,000,000 of the 
     amounts made available to support emergency operations shall 
     remain available through September 30, 2023.
       For expenses necessary for procuring security 
     countermeasures (as defined in section 319F-2(c)(1)(B) of the 
     PHS Act), $770,000,000, to remain available until expended.
       For expenses necessary to carry out section 319F-2(a) of 
     the PHS Act, $705,000,000, to remain available until 
     expended.
       For an additional amount for expenses necessary to prepare 
     for or respond to an influenza pandemic, $287,000,000; of 
     which $252,000,000 shall be available until expended, for 
     activities including the development and purchase of vaccine, 
     antivirals, necessary medical supplies,

[[Page H7433]]

     diagnostics, and other surveillance tools:  Provided, That 
     notwithstanding section 496(b) of the PHS Act, funds may be 
     used for the construction or renovation of privately owned 
     facilities for the production of pandemic influenza vaccines 
     and other biologics, if the Secretary finds such construction 
     or renovation necessary to secure sufficient supplies of such 
     vaccines or biologics.

                           General Provisions

       Sec. 201.  Funds appropriated in this title shall be 
     available for not to exceed $50,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202.  None of the funds appropriated in this title 
     shall be used to pay the salary of an individual, through a 
     grant or other extramural mechanism, at a rate in excess of 
     Executive Level II:  Provided, That none of the funds 
     appropriated in this title shall be used to prevent the NIH 
     from paying up to 100 percent of the salary of an individual 
     at this rate.
       Sec. 203.  None of the funds appropriated in this Act may 
     be expended pursuant to section 241 of the PHS Act, except 
     for funds specifically provided for in this Act, or for other 
     taps and assessments made by any office located in HHS, prior 
     to the preparation and submission of a report by the 
     Secretary to the Committees on Appropriations of the House of 
     Representatives and the Senate detailing the planned uses of 
     such funds.
       Sec. 204.  Notwithstanding section 241(a) of the PHS Act, 
     such portion as the Secretary shall determine, but not more 
     than 2.5 percent, of any amounts appropriated for programs 
     authorized under such Act shall be made available for the 
     evaluation (directly, or by grants or contracts) and the 
     implementation and effectiveness of programs funded in this 
     title.

                          (transfer of funds)

       Sec. 205.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the current 
     fiscal year for HHS in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer:  Provided, That 
     the transfer authority granted by this section shall not be 
     used to create any new program or to fund any project or 
     activity for which no funds are provided in this Act:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate are notified at 
     least 15 days in advance of any transfer.
       Sec. 206.  In lieu of the timeframe specified in section 
     338E(c)(2) of the PHS Act, terminations described in such 
     section may occur up to 60 days after the effective date of a 
     contract awarded in fiscal year 2021 under section 338B of 
     such Act, or at any time if the individual who has been 
     awarded such contract has not received funds due under the 
     contract.
       Sec. 207.  None of the funds appropriated in this Act may 
     be made available to any entity under title X of the PHS Act 
     unless the applicant for the award certifies to the Secretary 
     that it encourages family participation in the decision of 
     minors to seek family planning services and that it provides 
     counseling to minors on how to resist attempts to coerce 
     minors into engaging in sexual activities.
       Sec. 208.  Notwithstanding any other provision of law, no 
     provider of services under title X of the PHS Act shall be 
     exempt from any State law requiring notification or the 
     reporting of child abuse, child molestation, sexual abuse, 
     rape, or incest.
       Sec. 209.  None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare Advantage program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions:  Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees):  Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare Advantage organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 210.  None of the funds made available in this title 
     may be used, in whole or in part, to advocate or promote gun 
     control.
       Sec. 211.  The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 212.  In order for HHS to carry out international 
     health activities, including HIV/AIDS and other infectious 
     disease, chronic and environmental disease, and other health 
     activities abroad during fiscal year 2021:
       (1) The Secretary may exercise authority equivalent to that 
     available to the Secretary of State in section 2(c) of the 
     State Department Basic Authorities Act of 1956. The Secretary 
     shall consult with the Secretary of State and relevant Chief 
     of Mission to ensure that the authority provided in this 
     section is exercised in a manner consistent with section 207 
     of the Foreign Service Act of 1980 and other applicable 
     statutes administered by the Department of State.
       (2) The Secretary is authorized to provide such funds by 
     advance or reimbursement to the Secretary of State as may be 
     necessary to pay the costs of acquisition, lease, alteration, 
     renovation, and management of facilities outside of the 
     United States for the use of HHS. The Department of State 
     shall cooperate fully with the Secretary to ensure that HHS 
     has secure, safe, functional facilities that comply with 
     applicable regulation governing location, setback, and other 
     facilities requirements and serve the purposes established by 
     this Act. The Secretary is authorized, in consultation with 
     the Secretary of State, through grant or cooperative 
     agreement, to make available to public or nonprofit private 
     institutions or agencies in participating foreign countries, 
     funds to acquire, lease, alter, or renovate facilities in 
     those countries as necessary to conduct programs of 
     assistance for international health activities, including 
     activities relating to HIV/AIDS and other infectious 
     diseases, chronic and environmental diseases, and other 
     health activities abroad.
       (3) The Secretary is authorized to provide to personnel 
     appointed or assigned by the Secretary to serve abroad, 
     allowances and benefits similar to those provided under 
     chapter 9 of title I of the Foreign Service Act of 1980, and 
     22 U.S.C. 4081 through 4086 and subject to such regulations 
     prescribed by the Secretary. The Secretary is further 
     authorized to provide locality-based comparability payments 
     (stated as a percentage) up to the amount of the locality-
     based comparability payment (stated as a percentage) that 
     would be payable to such personnel under section 5304 of 
     title 5, United States Code if such personnel's official duty 
     station were in the District of Columbia. Leaves of absence 
     for personnel under this subsection shall be on the same 
     basis as that provided under subchapter I of chapter 63 of 
     title 5, United States Code, or section 903 of the Foreign 
     Service Act of 1980, to individuals serving in the Foreign 
     Service.

                          (transfer of funds)

       Sec. 213.  The Director of the NIH, jointly with the 
     Director of the Office of AIDS Research, may transfer up to 3 
     percent among institutes and centers from the total amounts 
     identified by these two Directors as funding for research 
     pertaining to the human immunodeficiency virus:  Provided, 
     That the Committees on Appropriations of the House of 
     Representatives and the Senate are notified at least 15 days 
     in advance of any transfer.

                          (transfer of funds)

       Sec. 214.  Of the amounts made available in this Act for 
     NIH, the amount for research related to the human 
     immunodeficiency virus, as jointly determined by the Director 
     of NIH and the Director of the Office of AIDS Research, shall 
     be made available to the ``Office of AIDS Research'' account. 
     The Director of the Office of AIDS Research shall transfer 
     from such account amounts necessary to carry out section 
     2353(d)(3) of the PHS Act.
       Sec. 215. (a) Authority.--Notwithstanding any other 
     provision of law, the Director of NIH (``Director'') may use 
     funds authorized under section 402(b)(12) of the PHS Act to 
     enter into transactions (other than contracts, cooperative 
     agreements, or grants) to carry out research identified 
     pursuant to or research and activities described in such 
     section 402(b)(12).
       (b) Peer Review.--In entering into transactions under 
     subsection (a), the Director may utilize such peer review 
     procedures (including consultation with appropriate 
     scientific experts) as the Director determines to be 
     appropriate to obtain assessments of scientific and technical 
     merit. Such procedures shall apply to such transactions in 
     lieu of the peer review and advisory council review 
     procedures that would otherwise be required under sections 
     301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 
     494 of the PHS Act.
       Sec. 216.  Not to exceed $45,000,000 of funds appropriated 
     by this Act to the institutes and centers of the National 
     Institutes of Health may be used for alteration, repair, or 
     improvement of facilities, as necessary for the proper and 
     efficient conduct of the activities authorized herein, at not 
     to exceed $3,500,000 per project.

                          (transfer of funds)

       Sec. 217.  Of the amounts made available for NIH, 1 percent 
     of the amount made available for National Research Service 
     Awards (``NRSA'') shall be made available to the 
     Administrator of the Health Resources and Services 
     Administration to make NRSA awards for research in primary 
     medical care to individuals affiliated with entities who have 
     received grants or contracts under sections 736, 739, or 747 
     of the PHS Act, and 1 percent of the amount made available 
     for NRSA shall be made available to the Director of the 
     Agency for Healthcare Research and Quality to make NRSA 
     awards for health service research.
       Sec. 218. (a) The Biomedical Advanced Research and 
     Development Authority (``BARDA'') may enter into a contract, 
     for more than one but no more than 10 program years, for 
     purchase of research services or of security countermeasures, 
     as that term is defined in section 319F-2(c)(1)(B) of the PHS 
     Act (42 U.S.C. 247d-6b(c)(1)(B)), if--
       (1) funds are available and obligated--
       (A) for the full period of the contract or for the first 
     fiscal year in which the contract is in effect; and
       (B) for the estimated costs associated with a necessary 
     termination of the contract; and
       (2) the Secretary determines that a multi-year contract 
     will serve the best interests of the Federal Government by 
     encouraging full and open competition or promoting economy in 
     administration, performance, and operation of BARDA's 
     programs.
       (b) A contract entered into under this section--
       (1) shall include a termination clause as described by 
     subsection (c) of section 3903 of title 41, United States 
     Code; and
       (2) shall be subject to the congressional notice 
     requirement stated in subsection (d) of such section.

[[Page H7434]]

       Sec. 219. (a) The Secretary shall publish in the fiscal 
     year 2022 budget justification and on Departmental Web sites 
     information concerning the employment of full-time equivalent 
     Federal employees or contractors for the purposes of 
     implementing, administering, enforcing, or otherwise carrying 
     out the provisions of the ACA, and the amendments made by 
     that Act, in the proposed fiscal year and each fiscal year 
     since the enactment of the ACA.
       (b) With respect to employees or contractors supported by 
     all funds appropriated for purposes of carrying out the ACA 
     (and the amendments made by that Act), the Secretary shall 
     include, at a minimum, the following information:
       (1) For each such fiscal year, the section of such Act 
     under which such funds were appropriated, a statement 
     indicating the program, project, or activity receiving such 
     funds, the Federal operating division or office that 
     administers such program, and the amount of funding received 
     in discretionary or mandatory appropriations.
       (2) For each such fiscal year, the number of full-time 
     equivalent employees or contracted employees assigned to each 
     authorized and funded provision detailed in accordance with 
     paragraph (1).
       (c) In carrying out this section, the Secretary may exclude 
     from the report employees or contractors who--
       (1) are supported through appropriations enacted in laws 
     other than the ACA and work on programs that existed prior to 
     the passage of the ACA;
       (2) spend less than 50 percent of their time on activities 
     funded by or newly authorized in the ACA; or
       (3) work on contracts for which FTE reporting is not a 
     requirement of their contract, such as fixed-price contracts.
       Sec. 220.  The Secretary shall publish, as part of the 
     fiscal year 2022 budget of the President submitted under 
     section 1105(a) of title 31, United States Code, information 
     that details the uses of all funds used by the Centers for 
     Medicare & Medicaid Services specifically for Health 
     Insurance Exchanges for each fiscal year since the enactment 
     of the ACA and the proposed uses for such funds for fiscal 
     year 2022. Such information shall include, for each such 
     fiscal year, the amount of funds used for each activity 
     specified under the heading ``Health Insurance Exchange 
     Transparency'' in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act).
       Sec. 221.  None of the funds made available by this Act 
     from the Federal Hospital Insurance Trust Fund or the Federal 
     Supplemental Medical Insurance Trust Fund, or transferred 
     from other accounts funded by this Act to the ``Centers for 
     Medicare & Medicaid Services--Program Management'' account, 
     may be used for payments under section 1342(b)(1) of Public 
     Law 111-148 (relating to risk corridors).

                          (transfer of funds)

       Sec. 222. (a) Within 45 days of enactment of this Act, the 
     Secretary shall transfer funds appropriated under section 
     4002 of the ACA to the accounts specified, in the amounts 
     specified, and for the activities specified under the heading 
     ``Prevention and Public Health Fund'' in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).
       (b) Notwithstanding section 4002(c) of the ACA, the 
     Secretary may not further transfer these amounts.
       (c) Funds transferred for activities authorized under 
     section 2821 of the PHS Act shall be made available without 
     reference to section 2821(b) of such Act.
       Sec. 223.  Effective during the period beginning on 
     November 1, 2015 and ending January 1, 2023, any provision of 
     law that refers (including through cross-reference to another 
     provision of law) to the current recommendations of the 
     United States Preventive Services Task Force with respect to 
     breast cancer screening, mammography, and prevention shall be 
     administered by the Secretary involved as if--
       (1) such reference to such current recommendations were a 
     reference to the recommendations of such Task Force with 
     respect to breast cancer screening, mammography, and 
     prevention last issued before 2009; and
       (2) such recommendations last issued before 2009 applied to 
     any screening mammography modality under section 1861(jj) of 
     the Social Security Act (42 U.S.C. 1395x(jj)).
       Sec. 224.  In making Federal financial assistance, the 
     provisions relating to indirect costs in part 75 of title 45, 
     Code of Federal Regulations, including with respect to the 
     approval of deviations from negotiated rates, shall continue 
     to apply to the National Institutes of Health to the same 
     extent and in the same manner as such provisions were applied 
     in the third quarter of fiscal year 2017. None of the funds 
     appropriated in this or prior Acts or otherwise made 
     available to the Department of Health and Human Services or 
     to any department or agency may be used to develop or 
     implement a modified approach to such provisions, or to 
     intentionally or substantially expand the fiscal effect of 
     the approval of such deviations from negotiated rates beyond 
     the proportional effect of such approvals in such quarter.

                          (transfer of funds)

       Sec. 225.  The NIH Director may transfer funds for opioid 
     addiction, opioid alternatives, stimulant misuse and 
     addiction, pain management, and addiction treatment to other 
     Institutes and Centers of the NIH to be used for the same 
     purpose 15 days after notifying the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided, That the transfer authority provided in 
     the previous proviso is in addition to any other transfer 
     authority provided by law.
       Sec. 226. (a) The Secretary shall provide to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate:
       (1) Detailed monthly enrollment figures from the Exchanges 
     established under the Patient Protection and Affordable Care 
     Act of 2010 pertaining to enrollments during the open 
     enrollment period; and
       (2) Notification of any new or competitive grant awards, 
     including supplements, authorized under section 330 of the 
     Public Health Service Act.
       (b) The Committees on Appropriations of the House and 
     Senate must be notified at least 2 business days in advance 
     of any public release of enrollment information or the award 
     of such grants.
       Sec. 227.  In addition to the amounts otherwise available 
     for ``Centers for Medicare & Medicaid Services, Program 
     Management'', the Secretary of Health and Human Services may 
     transfer up to $305,000,000 to such account from the Federal 
     Hospital Insurance Trust Fund and the Federal Supplementary 
     Medical Insurance Trust Fund to support program management 
     activity related to the Medicare Program:  Provided, That 
     except for the foregoing purpose, such funds may not be used 
     to support any provision of Public Law 111-148 or Public Law 
     111-152 (or any amendment made by either such Public Law) or 
     to supplant any other amounts within such account.
       Sec. 228.  The Department of Health and Human Services 
     shall provide the Committees on Appropriations of the House 
     of Representatives and Senate a biannual report 30 days after 
     enactment of this Act on staffing described in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).
       Sec. 229.  Funds appropriated in this Act that are 
     available for salaries and expenses of employees of the 
     Department of Health and Human Services shall also be 
     available to pay travel and related expenses of such an 
     employee or of a member of his or her family, when such 
     employee is assigned to duty, in the United States or in a 
     U.S. territory, during a period and in a location that are 
     the subject of a determination of a public health emergency 
     under section 319 of the Public Health Service Act and such 
     travel is necessary to obtain medical care for an illness, 
     injury, or medical condition that cannot be adequately 
     addressed in that location at that time. For purposes of this 
     section, the term ``U.S. territory'' means Guam, the 
     Commonwealth of Puerto Rico, the Northern Mariana Islands, 
     the Virgin Islands, American Samoa, or the Trust Territory of 
     the Pacific Islands.
       Sec. 230.  The Department of Health and Human Services may 
     accept donations from the private sector, nongovernmental 
     organizations, and other groups independent of the Federal 
     Government for the care of unaccompanied alien children (as 
     defined in section 462(g)(2) of the Homeland Security Act of 
     2002 (6 U.S.C. 279(g)(2))) in the care of the Office of 
     Refugee Resettlement of the Administration for Children and 
     Families, including medical goods and services, which may 
     include early childhood developmental screenings, school 
     supplies, toys, clothing, and any other items intended to 
     promote the wellbeing of such children.
       Sec. 231. (a) None of the funds provided by this or any 
     prior appropriations Act may be used to reverse changes in 
     procedures made by operational directives issued to providers 
     by the Office of Refugee Resettlement on December 18, 2018, 
     March 23, 2019, and June 10, 2019 regarding the Memorandum of 
     Agreement on Information Sharing executed April 13, 2018.
       (b) Notwithstanding subsection (a), the Secretary may make 
     changes to such operational directives upon making a 
     determination that such changes are necessary to prevent 
     unaccompanied alien children from being placed in danger, and 
     the Secretary shall provide a written justification to 
     Congress and the Inspector General of the Department of 
     Health and Human Services in advance of implementing such 
     changes.
       (c) Within 15 days of the Secretary's communication of the 
     justification, the Inspector General of the Department of 
     Health and Human Services shall provide an assessment, in 
     writing, to the Secretary and to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     of whether such changes to operational directives are 
     necessary to prevent unaccompanied children from being placed 
     in danger.
       Sec. 232.  None of the funds made available in this Act 
     under the heading ``Department of Health and Human Services--
     Administration for Children and Families--Refugee and Entrant 
     Assistance'' may be obligated to a grantee or contractor to 
     house unaccompanied alien children (as such term is defined 
     in section 462(g)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(g)(2))) in any facility that is not State-licensed 
     for the care of unaccompanied alien children, except in the 
     case that the Secretary determines that housing unaccompanied 
     alien children in such a facility is necessary on a temporary 
     basis due to an influx of such children or an emergency, 
     provided that--
       (1) the terms of the grant or contract for the operations 
     of any such facility that remains in operation for more than 
     six consecutive months shall require compliance with--
       (A) the same requirements as licensed placements, as listed 
     in Exhibit 1 of the Flores Settlement Agreement that the 
     Secretary determines are applicable to non-State licensed 
     facilities; and
       (B) staffing ratios of one (1) on-duty Youth Care Worker 
     for every eight (8) children or youth during waking hours, 
     one (1) on-duty Youth Care Worker for every sixteen (16) 
     children or youth during sleeping hours, and clinician ratios 
     to children (including mental health providers) as required 
     in grantee cooperative agreements;

[[Page H7435]]

       (2) the Secretary may grant a 60-day waiver for a 
     contractor's or grantee's non-compliance with paragraph (1) 
     if the Secretary certifies and provides a report to Congress 
     on the contractor's or grantee's good-faith efforts and 
     progress towards compliance;
       (3) not more than four consecutive waivers under paragraph 
     (2) may be granted to a contractor or grantee with respect to 
     a specific facility;
       (4) ORR shall ensure full adherence to the monitoring 
     requirements set forth in section 5.5 of its Policies and 
     Procedures Guide as of May 15, 2019;
       (5) for any such unlicensed facility in operation for more 
     than three consecutive months, ORR shall conduct a minimum of 
     one comprehensive monitoring visit during the first three 
     months of operation, with quarterly monitoring visits 
     thereafter; and
       (6) not later than 60 days after the date of enactment of 
     this Act, ORR shall brief the Committees on Appropriations of 
     the House of Representatives and the Senate outlining the 
     requirements of ORR for influx facilities including any 
     requirement listed in paragraph (1)(A) that the Secretary has 
     determined are not applicable to non-State licensed 
     facilities.
       Sec. 233.  In addition to the existing Congressional 
     notification for formal site assessments of potential influx 
     facilities, the Secretary shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     at least 15 days before operationalizing an unlicensed 
     facility, and shall (1) specify whether the facility is hard-
     sided or soft-sided, and (2) provide analysis that indicates 
     that, in the absence of the influx facility, the likely 
     outcome is that unaccompanied alien children will remain in 
     the custody of the Department of Homeland Security for longer 
     than 72 hours or that unaccompanied alien children will be 
     otherwise placed in danger. Within 60 days of bringing such a 
     facility online, and monthly thereafter, the Secretary shall 
     provide to the Committees on Appropriations of the House of 
     Representatives and the Senate a report detailing the total 
     number of children in care at the facility, the average 
     length of stay and average length of care of children at the 
     facility, and, for any child that has been at the facility 
     for more than 60 days, their length of stay and reason for 
     delay in release.
       Sec. 234.  None of the funds made available in this Act may 
     be used to prevent a United States Senator or Member of the 
     House of Representatives from entering, for the purpose of 
     conducting oversight, any facility in the United States used 
     for the purpose of maintaining custody of, or otherwise 
     housing, unaccompanied alien children (as defined in section 
     462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(g)(2))), provided that such Senator or Member has 
     coordinated the oversight visit with the Office of Refugee 
     Resettlement not less than two business days in advance to 
     ensure that such visit would not interfere with the 
     operations (including child welfare and child safety 
     operations) of such facility.
       Sec. 235.  Not later than 14 days after the date of 
     enactment of this Act, and monthly thereafter, the Secretary 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate, and make publicly 
     available online, a report with respect to children who were 
     separated from their parents or legal guardians by the 
     Department of Homeland Security (DHS) (regardless of whether 
     or not such separation was pursuant to an option selected by 
     the children, parents, or guardians), subsequently classified 
     as unaccompanied alien children, and transferred to the care 
     and custody of ORR during the previous month. Each report 
     shall contain the following information:
       (1) the number and ages of children so separated subsequent 
     to apprehension at or between ports of entry, to be reported 
     by sector where separation occurred; and
       (2) the documented cause of separation, as reported by DHS 
     when each child was referred.
       Sec. 236.  Funds appropriated in this Act that are 
     available for salaries and expenses of employees of the 
     Centers for Disease Control and Prevention shall also be 
     available for the primary and secondary schooling of eligible 
     dependents of personnel stationed in a U.S. territory as 
     defined in section 229 of this Act at costs not in excess of 
     those paid for or reimbursed by the Department of Defense.
       Sec. 237.  Of the unobligated balances available in fiscal 
     year 2021 in the ``Nonrecurring Expenses Fund'' established 
     in section 223 of division G of Public Law 110-161, 
     $225,000,000, in addition to any funds otherwise made 
     available for such purposes in this, prior, or subsequent 
     fiscal years, shall be available during the period of 
     availability of the Fund for the study of, construction of, 
     demolition of, renovation of, and acquisition of equipment 
     for, facilities of or used by the National Institutes of 
     Health, including the acquisition of real property.

                              (rescission)

       Sec. 238.  Of the unobligated balances in the 
     ``Nonrecurring Expenses Fund'' established in section 223 of 
     division G of Public Law 110-161, $375,000,000 are hereby 
     rescinded not later than September 30, 2021.
       Sec. 239. (a) The Chamblee Research Support Building 
     (Building 108) at the Centers for Disease Control and 
     Prevention is hereby renamed as the Johnny Isakson Public 
     Health Research Building.
       (b) Section 238 of division A of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94) is amended by 
     inserting ``during the period of availability of the Fund'' 
     after ``shall be available'' and by inserting ``moving 
     expenses,'' after ``renovation of facilities,''.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 2021''.

                               TITLE III

                        DEPARTMENT OF EDUCATION

                    Education for the Disadvantaged

       For carrying out title I and subpart 2 of part B of title 
     II of the Elementary and Secondary Education Act of 1965 
     (referred to in this Act as ``ESEA'') and section 418A of the 
     Higher Education Act of 1965 (referred to in this Act as 
     ``HEA''), $17,226,790,000, of which $6,306,490,000 shall 
     become available on July 1, 2021, and shall remain available 
     through September 30, 2022, and of which $10,841,177,000 
     shall become available on October 1, 2021, and shall remain 
     available through September 30, 2022, for academic year 2021-
     2022:  Provided, That $6,459,401,000 shall be for basic 
     grants under section 1124 of the ESEA:  Provided further, 
     That up to $5,000,000 of these funds shall be available to 
     the Secretary of Education (referred to in this title as 
     ``Secretary'') on October 1, 2020, to obtain annually updated 
     local educational agency-level census poverty data from the 
     Bureau of the Census:  Provided further, That $1,362,301,000 
     shall be for concentration grants under section 1124A of the 
     ESEA:  Provided further, That $4,357,550,000 shall be for 
     targeted grants under section 1125 of the ESEA:  Provided 
     further, That $4,357,550,000 shall be for education finance 
     incentive grants under section 1125A of the ESEA:  Provided 
     further, That $220,000,000 shall be for carrying out subpart 
     2 of part B of title II:  Provided further, That $46,123,000 
     shall be for carrying out section 418A of the HEA.

                               Impact Aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VII of the 
     ESEA, $1,501,112,000, of which $1,354,242,000 shall be for 
     basic support payments under section 7003(b), $48,316,000 
     shall be for payments for children with disabilities under 
     section 7003(d), $17,406,000, to remain available through 
     September 30, 2022, shall be for construction under section 
     7007(b), $76,313,000 shall be for Federal property payments 
     under section 7002, and $4,835,000, to remain available until 
     expended, shall be for facilities maintenance under section 
     7008:  Provided, That for purposes of computing the amount of 
     a payment for an eligible local educational agency under 
     section 7003(a) for school year 2020-2021, children enrolled 
     in a school of such agency that would otherwise be eligible 
     for payment under section 7003(a)(1)(B) of such Act, but due 
     to the deployment of both parents or legal guardians, or a 
     parent or legal guardian having sole custody of such 
     children, or due to the death of a military parent or legal 
     guardian while on active duty (so long as such children 
     reside on Federal property as described in section 
     7003(a)(1)(B)), are no longer eligible under such section, 
     shall be considered as eligible students under such section, 
     provided such students remain in average daily attendance at 
     a school in the same local educational agency they attended 
     prior to their change in eligibility status.

                      School Improvement Programs

       For carrying out school improvement activities authorized 
     by part B of title I, part A of title II, subpart 1 of part A 
     of title IV, part B of title IV, part B of title V, and parts 
     B and C of title VI of the ESEA; the McKinney-Vento Homeless 
     Assistance Act; section 203 of the Educational Technical 
     Assistance Act of 2002; the Compact of Free Association 
     Amendments Act of 2003; and the Civil Rights Act of 1964, 
     $5,444,217,000, of which $3,613,652,000 shall become 
     available on July 1, 2021, and remain available through 
     September 30, 2022, and of which $1,681,441,000 shall become 
     available on October 1, 2021, and shall remain available 
     through September 30, 2022, for academic year 2021-2022:  
     Provided, That $378,000,000 shall be for part B of title I:  
     Provided further, That $1,259,673,000 shall be for part B of 
     title IV:  Provided further, That $37,397,000 shall be for 
     part B of title VI, which may be used for construction, 
     renovation, and modernization of any public elementary 
     school, secondary school, or structure related to a public 
     elementary school or secondary school that serves a 
     predominantly Native Hawaiian student body, and that the 5 
     percent limitation in section 6205(b) of the ESEA on the use 
     of funds for administrative purposes shall apply only to 
     direct administrative costs:  Provided further, That 
     $36,453,000 shall be for part C of title VI, which shall be 
     awarded on a competitive basis, and may be used for 
     construction, and that the 5 percent limitation in section 
     6305 of the ESEA on the use of funds for administrative 
     purposes shall apply only to direct administrative costs:  
     Provided further, That $52,000,000 shall be available to 
     carry out section 203 of the Educational Technical Assistance 
     Act of 2002 and the Secretary shall make such arrangements as 
     determined to be necessary to ensure that the Bureau of 
     Indian Education has access to services provided under this 
     section:  Provided further, That $16,699,000 shall be 
     available to carry out the Supplemental Education Grants 
     program for the Federated States of Micronesia and the 
     Republic of the Marshall Islands:  Provided further, That the 
     Secretary may reserve up to 5 percent of the amount referred 
     to in the previous proviso to provide technical assistance in 
     the implementation of these grants:  Provided further, That 
     $187,840,000 shall be for part B of title V:  Provided 
     further, That $1,220,000,000 shall be available for grants 
     under subpart 1 of part A of title IV.

                            Indian Education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title VI, part A of the ESEA, 
     $181,239,000, of which $67,993,000 shall be for subpart 2 of 
     part A of title VI and $7,865,000 shall be for subpart 3 of 
     part A of title VI:  Provided, That the 5 percent limitation 
     in sections 6115(d), 6121(e), and 6133(g) of the ESEA on the 
     use of funds for administrative

[[Page H7436]]

     purposes shall apply only to direct administrative costs.

                       Innovation and Improvement

       For carrying out activities authorized by subparts 1, 3 and 
     4 of part B of title II, and parts C, D, and E and subparts 1 
     and 4 of part F of title IV of the ESEA, $1,114,250,000:  
     Provided, That $285,250,000 shall be for subparts 1, 3 and 4 
     of part B of title II and shall be made available without 
     regard to sections 2201, 2231(b) and 2241:  Provided further, 
     That $635,000,000 shall be for parts C, D, and E and subpart 
     4 of part F of title IV, and shall be made available without 
     regard to sections 4311, 4409(a), and 4601 of the ESEA:  
     Provided further, That section 4303(d)(3)(A)(i) shall not 
     apply to the funds available for part C of title IV:  
     Provided further, That of the funds available for part C of 
     title IV, the Secretary shall use $60,000,000 to carry out 
     section 4304, of which not more than $10,000,000 shall be 
     available to carry out section 4304(k), $140,000,000, to 
     remain available through March 31, 2022, to carry out section 
     4305(b), and not more than $15,000,000 to carry out the 
     activities in section 4305(a)(3):  Provided further, That 
     notwithstanding section 4601(b), $194,000,000 shall be 
     available through December 31, 2021 for subpart 1 of part F 
     of title IV.

                 Safe Schools and Citizenship Education

       For carrying out activities authorized by subparts 2 and 3 
     of part F of title IV of the ESEA, $217,000,000:  Provided, 
     That $106,000,000 shall be available for section 4631, of 
     which up to $5,000,000, to remain available until expended, 
     shall be for the Project School Emergency Response to 
     Violence (Project SERV) program:  Provided further, That 
     $30,000,000 shall be available for section 4625:  Provided 
     further, That $81,000,000 shall be available through December 
     31, 2021, for section 4624.

                      English Language Acquisition

       For carrying out part A of title III of the ESEA, 
     $797,400,000, which shall become available on July 1, 2021, 
     and shall remain available through September 30, 2022, except 
     that 6.5 percent of such amount shall be available on October 
     1, 2020, and shall remain available through September 30, 
     2022, to carry out activities under section 3111(c)(1)(C).

                           Special Education

       For carrying out the Individuals with Disabilities 
     Education Act (IDEA) and the Special Olympics Sport and 
     Empowerment Act of 2004, $14,070,743,000, of which 
     $4,533,544,000 shall become available on July 1, 2021, and 
     shall remain available through September 30, 2022, and of 
     which $9,283,383,000 shall become available on October 1, 
     2021, and shall remain available through September 30, 2022, 
     for academic year 2021-2022:  Provided, That the amount for 
     section 611(b)(2) of the IDEA shall be equal to the lesser of 
     the amount available for that activity during fiscal year 
     2020, increased by the amount of inflation as specified in 
     section 619(d)(2)(B) of the IDEA, or the percent change in 
     the funds appropriated under section 611(i) of the IDEA, but 
     not less than the amount for that activity during fiscal year 
     2020:  Provided further, That the Secretary shall, without 
     regard to section 611(d) of the IDEA, distribute to all other 
     States (as that term is defined in section 611(g)(2)), 
     subject to the third proviso, any amount by which a State's 
     allocation under section 611, from funds appropriated under 
     this heading, is reduced under section 612(a)(18)(B), 
     according to the following: 85 percent on the basis of the 
     States' relative populations of children aged 3 through 21 
     who are of the same age as children with disabilities for 
     whom the State ensures the availability of a free appropriate 
     public education under this part, and 15 percent to States on 
     the basis of the States' relative populations of those 
     children who are living in poverty:  Provided further, That 
     the Secretary may not distribute any funds under the previous 
     proviso to any State whose reduction in allocation from funds 
     appropriated under this heading made funds available for such 
     a distribution:  Provided further, That the States shall 
     allocate such funds distributed under the second proviso to 
     local educational agencies in accordance with section 611(f): 
      Provided further, That the amount by which a State's 
     allocation under section 611(d) of the IDEA is reduced under 
     section 612(a)(18)(B) and the amounts distributed to States 
     under the previous provisos in fiscal year 2012 or any 
     subsequent year shall not be considered in calculating the 
     awards under section 611(d) for fiscal year 2013 or for any 
     subsequent fiscal years:  Provided further, That, 
     notwithstanding the provision in section 612(a)(18)(B) 
     regarding the fiscal year in which a State's allocation under 
     section 611(d) is reduced for failure to comply with the 
     requirement of section 612(a)(18)(A), the Secretary may apply 
     the reduction specified in section 612(a)(18)(B) over a 
     period of consecutive fiscal years, not to exceed 5, until 
     the entire reduction is applied:  Provided further, That the 
     Secretary may, in any fiscal year in which a State's 
     allocation under section 611 is reduced in accordance with 
     section 612(a)(18)(B), reduce the amount a State may reserve 
     under section 611(e)(1) by an amount that bears the same 
     relation to the maximum amount described in that paragraph as 
     the reduction under section 612(a)(18)(B) bears to the total 
     allocation the State would have received in that fiscal year 
     under section 611(d) in the absence of the reduction:  
     Provided further, That the Secretary shall either reduce the 
     allocation of funds under section 611 for any fiscal year 
     following the fiscal year for which the State fails to comply 
     with the requirement of section 612(a)(18)(A) as authorized 
     by section 612(a)(18)(B), or seek to recover funds under 
     section 452 of the General Education Provisions Act (20 
     U.S.C. 1234a):  Provided further, That the funds reserved 
     under 611(c) of the IDEA may be used to provide technical 
     assistance to States to improve the capacity of the States to 
     meet the data collection requirements of sections 616 and 618 
     and to administer and carry out other services and activities 
     to improve data collection, coordination, quality, and use 
     under parts B and C of the IDEA:  Provided further, That the 
     Secretary may use funds made available for the State 
     Personnel Development Grants program under part D, subpart 1 
     of IDEA to evaluate program performance under such subpart: 
     Provided further, That States may use funds reserved for 
     other State-level activities under sections 611(e)(2) and 
     619(f) of the IDEA to make subgrants to local educational 
     agencies, institutions of higher education, other public 
     agencies, and private non-profit organizations to carry out 
     activities authorized by those sections:  Provided further, 
     That, notwithstanding section 643(e)(2)(A) of the IDEA, if 5 
     or fewer States apply for grants pursuant to section 643(e) 
     of such Act, the Secretary shall provide a grant to each 
     State in an amount equal to the maximum amount described in 
     section 643(e)(2)(B) of such Act:  Provided further, That if 
     more than 5 States apply for grants pursuant to section 
     643(e) of the IDEA, the Secretary shall award funds to those 
     States on the basis of the States' relative populations of 
     infants and toddlers except that no such State shall receive 
     a grant in excess of the amount described in section 
     643(e)(2)(B) of such Act:  Provided further, That States may 
     use funds allotted under section 643(c) of the IDEA to make 
     subgrants to local educational agencies, institutions of 
     higher education, other public agencies, and private non-
     profit organizations to carry out activities authorized by 
     section 638 of IDEA.

                        Rehabilitation Services

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973 and the Helen Keller National 
     Center Act, $3,814,220,000, of which $3,675,021,000 shall be 
     for grants for vocational rehabilitation services under title 
     I of the Rehabilitation Act:  Provided, That the Secretary 
     may use amounts provided in this Act that remain available 
     subsequent to the reallotment of funds to States pursuant to 
     section 110(b) of the Rehabilitation Act for innovative 
     activities aimed at increasing competitive integrated 
     employment as defined in section 7 of such Act for youth and 
     other individuals with disabilities:  Provided further, That 
     States may award subgrants for a portion of the funds to 
     other public and private, nonprofit entities:  Provided 
     further, That any funds made available subsequent to 
     reallotment for innovative activities aimed at improving the 
     outcomes of individuals with disabilities shall remain 
     available until September 30, 2022.

           Special Institutions for Persons With Disabilities

                 american printing house for the blind

       For carrying out the Act to Promote the Education of the 
     Blind of March 3, 1879, $34,431,000.

               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986, 
     $81,500,000:  Provided, That from the total amount available, 
     the Institute may at its discretion use funds for the 
     endowment program as authorized under section 207 of such 
     Act.

                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986, $140,361,000:  Provided, That from 
     the total amount available, the University may at its 
     discretion use funds for the endowment program as authorized 
     under section 207 of such Act.

                 Career, Technical, and Adult Education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Career and Technical Education Act of 2006 
     (``Perkins Act'') and the Adult Education and Family Literacy 
     Act (``AEFLA''), $2,030,936,000, of which $1,239,936,000 
     shall become available on July 1, 2021, and shall remain 
     available through September 30, 2022, and of which 
     $791,000,000 shall become available on October 1, 2021, and 
     shall remain available through September 30, 2022:  Provided, 
     That of the amounts made available for AEFLA, $13,712,000 
     shall be for national leadership activities under section 
     242.

                      Student Financial Assistance

       For carrying out subparts 1, 3, and 10 of part A, and part 
     C of title IV of the HEA, $24,545,352,000 which shall remain 
     available through September 30, 2022.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 2021-2022 shall be $5,435.

                       Student Aid Administration

       For Federal administrative expenses to carry out part D of 
     title I, and subparts 1, 3, 9, and 10 of part A, and parts B, 
     C, D, and E of title IV of the HEA, and subpart 1 of part A 
     of title VII of the Public Health Service Act, 
     $1,853,943,000, to remain available through September 30, 
     2022:  Provided, That the Secretary shall allocate new 
     student loan borrower accounts to eligible student loan 
     servicers on the basis of their past performance compared to 
     all loan servicers utilizing established common metrics, and 
     on the basis of the capacity of each servicer to process new 
     and existing accounts:  Provided further, That for student 
     loan contracts awarded prior to October 1, 2017, the 
     Secretary shall allow student loan borrowers who are 
     consolidating Federal student loans to select from any 
     student loan servicer to service their new consolidated 
     student loan:  Provided further, That in order to promote 
     accountability and high-quality service to borrowers, the 
     Secretary shall not award funding for any contract 
     solicitation for a new Federal student loan servicing 
     environment, including the solicitation for

[[Page H7437]]

     the Federal Student Aid (FSA) Next Generation Processing and 
     Servicing Environment, unless such an environment provides 
     for the participation of multiple student loan servicers that 
     contract directly with the Department of Education to manage 
     a unique portfolio of borrower accounts and the full life-
     cycle of loans from disbursement to pay-off with certain 
     limited exceptions, and allocates student loan borrower 
     accounts to eligible student loan servicers based on 
     performance:  Provided further, That the Department shall re-
     allocate accounts from servicers for recurring non-compliance 
     with FSA guidelines, contractual requirements, and applicable 
     laws, including for failure to sufficiently inform borrowers 
     of available repayment options:  Provided further, That such 
     servicers shall be evaluated based on their ability to meet 
     contract requirements (including an understanding of Federal 
     and State law), future performance on the contracts, and 
     history of compliance with applicable consumer protections 
     laws:  Provided further, That to the extent FSA permits 
     student loan servicing subcontracting, FSA shall hold prime 
     contractors accountable for meeting the requirements of the 
     contract, and the performance and expectations of 
     subcontractors shall be accounted for in the prime contract 
     and in the overall performance of the prime contractor:  
     Provided further, That FSA shall ensure that the Next 
     Generation Processing and Servicing Environment, or any new 
     Federal loan servicing environment, incentivize more support 
     to borrowers at risk of delinquency or default:  Provided 
     further, That FSA shall ensure that in such environment 
     contractors have the capacity to meet and are held 
     accountable for performance on service levels; are held 
     accountable for and have a history of compliance with 
     applicable consumer protection laws; and have relevant 
     experience and demonstrated effectiveness:  Provided further, 
     That the Secretary shall provide quarterly briefings to the 
     Committees on Appropriations and Education and Labor of the 
     House of Representatives and the Committees on Appropriations 
     and Health, Education, Labor, and Pensions of the Senate on 
     general progress related to solicitations for Federal student 
     loan servicing contracts:  Provided further, That FSA shall 
     strengthen transparency through expanded publication of 
     aggregate data on student loan and servicer performance:  
     Provided further, That not later than 60 days after enactment 
     of this Act, FSA shall provide to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a detailed spend plan of anticipated uses of funds made 
     available in this account for fiscal year 2021 and provide 
     quarterly updates on this plan (including contracts awarded, 
     change orders, bonuses paid to staff, reorganization costs, 
     and any other activity carried out using amounts provided 
     under this heading for fiscal year 2021):  Provided further, 
     That the FSA Next Generation Processing and Servicing 
     Environment, or any new Federal student loan servicing 
     environment, shall include accountability measures that 
     account for the performance of the portfolio and contractor 
     compliance with FSA guidelines:  Provided further, That, due 
     to concerns with the transfer of borrower accounts and to 
     allow appropriate time for review of the risks of current 
     contracting plans, FSA shall suspend awarding of any contract 
     for the Interim Servicing Solution (ISS) Solicitation 
     (Solicitation No. 91003120R0018) for a period of not less 
     than 90 days after enactment of this Act:  Provided further, 
     That FSA may not award funding for any contract under such 
     ISS Solicitation unless Business Process Operations (BPO) 
     Contractors are, as borrower accounts are migrated to ISS, 
     immediately responsible for all contact center and back-
     office processing, as described in BPO Solicitation No. 
     91003119R0008, necessary to deliver all such servicing 
     requirements for accounts that have been migrated to ISS:  
     Provided further, That notwithstanding the requirements of 
     the Federal Property and Administration Services Act of 1949, 
     41 U.S.C. 3101 et. seq, as amended; parts 6, 16, and 37 of 
     title 48, Code of Federal Regulations; or any other 
     procurement limitation on the period of performance, the 
     Secretary may extend the period of performance for any 
     contract under section 456 of the HEA for servicing 
     activities scheduled to expire on December 14, 2021, or March 
     30, 2022, as applicable, for up to two additional years from 
     the date of expiration.

                            Higher Education

       For carrying out, to the extent not otherwise provided, 
     titles II, III, IV, V, VI, VII, and VIII of the HEA, the 
     Mutual Educational and Cultural Exchange Act of 1961, and 
     section 117 of the Perkins Act, $2,541,661,000, of which 
     $96,000,000 shall remain available through December 31, 2021: 
      Provided, That notwithstanding any other provision of law, 
     funds made available in this Act to carry out title VI of the 
     HEA and section 102(b)(6) of the Mutual Educational and 
     Cultural Exchange Act of 1961 may be used to support visits 
     and study in foreign countries by individuals who are 
     participating in advanced foreign language training and 
     international studies in areas that are vital to United 
     States national security and who plan to apply their language 
     skills and knowledge of these countries in the fields of 
     government, the professions, or international development:  
     Provided further, That of the funds referred to in the 
     preceding proviso up to 1 percent may be used for program 
     evaluation, national outreach, and information dissemination 
     activities:  Provided further, That up to 1.5 percent of the 
     funds made available under chapter 2 of subpart 2 of part A 
     of title IV of the HEA may be used for evaluation:  Provided 
     further, That section 313(d) of the HEA shall not apply to an 
     institution of higher education that is eligible to receive 
     funding under section 318 of the HEA.

                           Howard University

       For partial support of Howard University, $251,018,000, of 
     which not less than $3,405,000 shall be for a matching 
     endowment grant pursuant to the Howard University Endowment 
     Act and shall remain available until expended.

         College Housing and Academic Facilities Loans Program

       For Federal administrative expenses to carry out activities 
     related to existing facility loans pursuant to section 121 of 
     the HEA, $435,000.

  Historically Black College and University Capital Financing Program 
                                Account

       For the cost of guaranteed loans, $22,150,000, as 
     authorized pursuant to part D of title III of the HEA, which 
     shall remain available through September 30, 2022:  Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974:  Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $278,266,000:  
     Provided further, That these funds may be used to support 
     loans to public and private Historically Black Colleges and 
     Universities without regard to the limitations within section 
     344(a) of the HEA.
       In addition, $16,000,000, to remain available through 
     September 30, 2022, shall be made available to provide for 
     the deferment of loans made under part D of title III of the 
     HEA to eligible institutions that are private Historically 
     Black Colleges and Universities, which apply for the 
     deferment of such a loan and demonstrate financial need for 
     such deferment by having a score of 2.6 or less on the 
     Department of Education's financial responsibility test:  
     Provided, That the loan has not been paid in full and is not 
     paid in full during the period of deferment:  Provided 
     further, That during the period of deferment of such a loan, 
     interest on the loan will not accrue or be capitalized, and 
     the period of deferment shall be for at least a period of 3-
     fiscal years and not more than 6-fiscal years:  Provided 
     further, That funds available under this paragraph shall be 
     used to fund eligible deferment requests submitted for this 
     purpose in fiscal year 2018:  Provided further, That the 
     Secretary shall create and execute an outreach plan to work 
     with States and the Capital Financing Advisory Board to 
     improve outreach to States and help additional public 
     Historically Black Colleges and Universities participate in 
     the program.
       In addition, $10,000,000, to remain available through 
     September 30, 2022, shall be made available to provide for 
     the deferment of loans made under part D of title III of the 
     HEA to eligible institutions that are public Historically 
     Black Colleges and Universities, which apply for the 
     deferment of such a loan and demonstrate financial need for 
     such deferment, which shall be determined by the Secretary of 
     Education based on factors including, but not limited to, 
     equal to or greater than 5 percent of the school's operating 
     revenue relative to its annual debt service payment:  
     Provided, That during the period of deferment of such a loan, 
     interest on the loan will not accrue or be capitalized, and 
     the period of deferment shall be for at least a period of 3-
     fiscal years and not more than 6-fiscal years.
       In addition, for administrative expenses to carry out the 
     Historically Black College and University Capital Financing 
     Program entered into pursuant to part D of title III of the 
     HEA, $334,000.

                    Institute of Education Sciences

       For carrying out activities authorized by the Education 
     Sciences Reform Act of 2002, the National Assessment of 
     Educational Progress Authorization Act, section 208 of the 
     Educational Technical Assistance Act of 2002, and section 664 
     of the Individuals with Disabilities Education Act, 
     $642,462,000, which shall remain available through September 
     30, 2022:  Provided, That funds available to carry out 
     section 208 of the Educational Technical Assistance Act may 
     be used to link Statewide elementary and secondary data 
     systems with early childhood, postsecondary, and workforce 
     data systems, or to further develop such systems:  Provided 
     further, That up to $6,000,000 of the funds available to 
     carry out section 208 of the Educational Technical Assistance 
     Act may be used for awards to public or private organizations 
     or agencies to support activities to improve data 
     coordination, quality, and use at the local, State, and 
     national levels.

                        Departmental Management

                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of 
     three passenger motor vehicles, $430,000,000:  Provided, 
     That, notwithstanding any other provision of law, none of the 
     funds provided by this Act or provided by previous 
     Appropriations Acts to the Department of Education available 
     for obligation or expenditure in the current fiscal year may 
     be used for any activity relating to implementing a 
     reorganization that decentralizes, reduces the staffing 
     level, or alters the responsibilities, structure, authority, 
     or functionality of the Budget Service of the Department of 
     Education, relative to the organization and operation of the 
     Budget Service as in effect on January 1, 2018.

                        office for civil rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $131,000,000.

                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     as authorized by section 212 of the Department of Education 
     Organization Act, $63,000,000, of which $2,000,000 shall 
     remain available until expended.

[[Page H7438]]

  


                           General Provisions

       Sec. 301.  No funds appropriated in this Act may be used to 
     prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.

                          (transfer of funds)

       Sec. 302.  Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act of 1985) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer:  
     Provided, That the transfer authority granted by this section 
     shall not be used to create any new program or to fund any 
     project or activity for which no funds are provided in this 
     Act:  Provided further, That the Committees on Appropriations 
     of the House of Representatives and the Senate are notified 
     at least 15 days in advance of any transfer.
       Sec. 303.  Funds appropriated in this Act and consolidated 
     for evaluation purposes under section 8601(c) of the ESEA 
     shall be available from July 1, 2021, through September 30, 
     2022.
       Sec. 304. (a) An institution of higher education that 
     maintains an endowment fund supported with funds appropriated 
     for title III or V of the HEA for fiscal year 2021 may use 
     the income from that fund to award scholarships to students, 
     subject to the limitation in section 331(c)(3)(B)(i) of the 
     HEA. The use of such income for such purposes, prior to the 
     enactment of this Act, shall be considered to have been an 
     allowable use of that income, subject to that limitation.
       (b) Subsection (a) shall be in effect until titles III and 
     V of the HEA are reauthorized.
       Sec. 305.  Section 114(f) of the HEA (20 U.S.C. 1011c(f)) 
     is amended by striking ``2020'' and inserting ``2021''.
       Sec. 306.  Section 458(a) of the HEA (20 U.S.C. 1087h(a)) 
     is amended in paragraph (4) by striking ``2020'' and 
     inserting ``2021''.
       Sec. 307.  Funds appropriated in this Act under the heading 
     ``Student Aid Administration'' may be available for payments 
     for student loan servicing to an institution of higher 
     education that services outstanding Federal Perkins Loans 
     under part E of title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1087aa et seq.).

                              (rescission)

       Sec. 308.  Of the unobligated balances available under the 
     heading ``Student Financial Assistance'' for carrying out 
     subpart 1 of part A of title IV of the HEA, $500,000,000 are 
     hereby rescinded.

                              (rescission)

       Sec. 309.  Of the amounts appropriated under Section 
     401(b)(7)(A)(iv)(XI) of the Higher Education Act of 1965 (20 
     U.S.C. 1070a(b)(7)(A)(iv)(XI)) for fiscal year 2021, 
     $28,000,000 are hereby rescinded.
       Sec. 310.  Of the amounts made available under this title 
     under the heading ``Student Aid Administration'', $2,300,000 
     shall be used by the Secretary of Education to conduct 
     outreach to borrowers of loans made under part D of title IV 
     of the Higher Education Act of 1965 who may intend to qualify 
     for loan cancellation under section 455(m) of such Act (20 
     U.S.C. 1087e(m)), to ensure that borrowers are meeting the 
     terms and conditions of such loan cancellation:  Provided, 
     That the Secretary shall specifically conduct outreach to 
     assist borrowers who would qualify for loan cancellation 
     under section 455(m) of such Act except that the borrower has 
     made some, or all, of the 120 required payments under a 
     repayment plan that is not described under section 455(m)(A) 
     of such Act, to encourage borrowers to enroll in a qualifying 
     repayment plan:  Provided further, That the Secretary shall 
     also communicate to all Direct Loan borrowers the full 
     requirements of section 455(m) of such Act and improve the 
     filing of employment certification by providing improved 
     outreach and information such as outbound calls, electronic 
     communications, ensuring prominent access to program 
     requirements and benefits on each servicer's website, and 
     creating an option for all borrowers to complete the entire 
     payment certification process electronically and on a 
     centralized website.
       Sec. 311.  For an additional amount for ``Department of 
     Education--Federal Direct Student Loan Program Account'', 
     $50,000,000, to remain available until expended, shall be for 
     the cost, as defined under section 502 of the Congressional 
     Budget Act of 1974, of the Secretary of Education providing 
     loan cancellation in the same manner as under section 455(m) 
     of the Higher Education Act of 1965 (20 U.S.C. 1087e(m)), for 
     borrowers of loans made under part D of title IV of such Act 
     who would qualify for loan cancellation under section 455(m) 
     except some, or all, of the 120 required payments under 
     section 455(m)(1)(A) do not qualify for purposes of the 
     program because they were monthly payments made in accordance 
     with graduated or extended repayment plans as described under 
     subparagraph (B) or (C) of section 455(d)(1) or the 
     corresponding repayment plan for a consolidation loan made 
     under section 455(g) and that were less than the amount 
     calculated under section 455(d)(1)(A), based on a 10-year 
     repayment period:  Provided, That the monthly payment made 12 
     months before the borrower applied for loan cancellation as 
     described in the matter preceding this proviso and the most 
     recent monthly payment made by the borrower at the time of 
     such application were each not less than the monthly amount 
     that would be calculated under, and for which the borrower 
     would otherwise qualify for, clause (i) or (iv) of section 
     455(m)(1)(A) regarding income-based or income-contingent 
     repayment plans, with exception for a borrower who would have 
     otherwise been eligible under this section but demonstrates 
     an unusual fluctuation of income over the past 5 years:  
     Provided further, That the total loan volume, including 
     outstanding principal, fees, capitalized interest, or accrued 
     interest, at application that is eligible for such loan 
     cancellation by such borrowers shall not exceed $75,000,000:  
     Provided further, That the Secretary shall develop and make 
     available a simple method for borrowers to apply for loan 
     cancellation under this section within 60 days of enactment 
     of this Act:  Provided further, That the Secretary shall 
     provide loan cancellation under this section to eligible 
     borrowers on a first-come, first-serve basis, based on the 
     date of application and subject to both the limitation on 
     total loan volume at application for such loan cancellation 
     specified in the second proviso and the availability of 
     appropriations under this section:  Provided further, That no 
     borrower may, for the same service, receive a reduction of 
     loan obligations under both this section and section 428J, 
     428K, 428L, or 460 of such Act.
       Sec. 312.  None of the funds made available by this Act may 
     be used in contravention of section 203 of the Department of 
     Education Organization Act (20 U.S.C. 3413).

                     (including transfer of funds)

       Sec. 313.  There is hereby established in the Treasury of 
     the United States a fund to be known as the ``Department of 
     Education Nonrecurring Expenses Fund'' (the Fund):  Provided, 
     That unobligated balances of expired discretionary funds 
     appropriated for this or any succeeding fiscal year from the 
     General Fund of the Treasury to the Department of Education 
     by this or any other Act may be transferred (not later than 
     the end of the fifth fiscal year after the last fiscal year 
     for which such funds are available for the purposes for which 
     appropriated) into the Fund:  Provided further, That amounts 
     deposited in the Fund shall be available until expended, and 
     in addition to such other funds as may be available for such 
     purposes, for information and business technology system 
     modernization and facilities infrastructure improvements 
     necessary for the operation of the Department, subject to 
     approval by the Office of Management and Budget:  Provided 
     further, That amounts in the Fund may be obligated only after 
     the Committees on Appropriations of the House of 
     Representatives and the Senate are notified at least 30 days 
     in advance of the specific information and business 
     technology system modernization project or facility 
     infrastructure improvement obligations planned for such 
     amounts.
       Sec. 314. (a) The General Education Provisions Act (20 
     U.S.C. 1221 et seq.) is amended by striking section 426.
       (b) Paragraph (9) of section 4407(a) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7231f(a)) is 
     amended by striking ``notwithstanding section 426 of the 
     General Education Provisions Act (20 U.S.C. 1228),''.
       Sec. 315.  Section 2101(b) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6611(b)) is amended--(1) in 
     paragraph (2)(A)(iv), by inserting ``through fiscal year 
     2022'' after ``fiscal year 2020''; and (2) in paragraph (3), 
     by striking ``2021'' both places it appears and inserting 
     ``2023'' in its place.

            rural and low-income school program adjustments

       Sec. 316. (a) Hold Harmless.--For the purpose of making 
     awards under section 5221 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7351) for a fiscal year 
     during the period described in subsection (c), the Secretary 
     of Education and each State educational agency shall treat as 
     eligible to receive a grant under such section--
       (1) any local educational agency that meets the eligibility 
     requirements described in section 5221(b)(1) of such Act for 
     such fiscal year, in accordance with subsection (d); and
       (2) notwithstanding such section 5221(b)(1), any local 
     educational agency that does not meet the eligibility 
     requirements described in such section for such fiscal year 
     if--
       (A) the local educational agency received a grant under 
     section 5221 of such Act for fiscal year 2019;
       (B) for fiscal year 2019, less than 20 percent of the 
     children ages 5 through 17 years served by the local 
     educational agency were from families with incomes below the 
     poverty line, as determined by data from the Small Area 
     Income and Poverty Estimates of the Bureau of the Census;
       (C) the award for fiscal year 2019 was based on alternative 
     poverty data submitted by the State to the Secretary despite 
     data being available from the Small Area Income and Poverty 
     Estimates of the Bureau of the Census; and
       (D) the local educational agency meets the eligibility 
     criteria described in section 5221(b)(1)(A)(ii) of such Act, 
     or has obtained a waiver under section 5221(b)(2) of such 
     Act, for the fiscal year for which the eligibility 
     determination is being made.
       (b) Limitations.--
       (1) Limits on local educational agency awards.--For the 
     purposes of making an award under section 5221(b) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     7351(b)) to local educational agencies described in 
     subsection (a)(2) for a fiscal year during the period 
     described in subsection (c), a State educational agency shall 
     provide an award to each such local educational agency for 
     such fiscal year that is not larger than--
       (A) for fiscal year 2021, 100 percent of the amount such 
     local educational agency received for fiscal year 2019;
       (B) for fiscal year 2022, 100 percent of the amount such 
     local educational agency received for fiscal year 2019;
       (C) for fiscal year 2023, 83.33 percent of the amount such 
     local educational agency received for fiscal year 2019;
       (D) for fiscal year 2024, 66.67 percent of the amount such 
     local educational agency received for fiscal year 2019;

[[Page H7439]]

       (E) for fiscal year 2025, 50 percent of the amount such 
     local educational agency received for fiscal year 2019;
       (F) for fiscal year 2026, 33.33 percent of the amount such 
     local educational agency received for fiscal year 2019; and
       (G) for fiscal year 2027, 16.67 percent of the amount such 
     local educational agency received for fiscal year 2019.
       (2) Adjustments to state allocations.--In determining grant 
     amounts for each State educational agency under section 
     5221(a)(2) of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7351(a)(2)) for each fiscal year during the 
     period described in subsection (c), the Secretary of 
     Education shall reduce the amount that the State educational 
     agency would otherwise receive by the combined amount of any 
     reductions in grant awards required under paragraph (1) for 
     such year for the local educational agencies described in 
     subsection (a)(2) that are served by the State educational 
     agency.
       (c) Applicability.--Subsections (a) and (b) shall be in 
     effect during the period--
       (1) beginning on the first day of the fiscal year in which 
     this Act is enacted; and
       (2) ending on the earlier of--
       (A) September 30, 2027; or
       (B) the last day of the fiscal year in which an Act that 
     reauthorizes the rural and low-income school program under 
     subpart 2 of part B of title V of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7351 et seq.) is 
     enacted.
       (d) Use of Data Measures.--Except as provided in subsection 
     (a)(2), for the purpose of making awards under section 5221 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7351) for any fiscal year--
       (1) if data are available from the Small Area Income and 
     Poverty Estimates of the Bureau of the Census to determine a 
     local educational agency's enrollment of children from 
     families with incomes below the poverty line as described in 
     section 5221(b)(1)(A)(i) of such Act, the Secretary of 
     Education and each State educational agency shall not use 
     alternative poverty data in determining such local 
     educational agency's eligibility under such section; and
       (2) if data are not available from the Small Area Income 
     and Poverty Estimates of the Bureau of the Census to 
     determine a local educational agency's enrollment of children 
     from families with incomes below the poverty line as 
     described in such section 5221(b)(1)(A)(i), the Secretary and 
     the State educational agency shall determine such local 
     educational agency's eligibility under such section using the 
     same State-derived poverty data used to determine local 
     educational agency allocations under part A of title I of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6311 et seq.).
       Sec. 317. (a) In General.--For the purpose of carrying out 
     section 435(a)(2) of the Higher Education Act of 1965 (20 
     U.S.C. 1085(a)(2)), the Secretary of Education may waive the 
     requirements under sections 435(a)(5)(A)(i) and 
     435(a)(5)(A)(ii) of such Act (20 U.S.C. 1085(a)(5)(A)(i) and 
     20 U.S.C. 1085(a)(5)(A)(ii)) for a private non-profit 
     institution of higher education--(1) that is an Alaska 
     Native-Serving Institution (as defined in section 317(A)(2) 
     of such Act (20 U.S.C. 1059d)) and a Native American-Serving 
     Non-Tribal Institution (as defined in section 319(b)(2) (20 
     U.S.C. 1059f)) whose fall enrollment for the most recently 
     completed academic year was comprised of a majority of 
     students who are Indian (as defined in such section) or 
     Alaska Native (as defined in section 317(b) of such Act (20 
     U.S.C. 1059d(b)) and who are eligible to receive the maximum 
     award under the Pell Grant program; or (2) whose fall 
     enrollment for the most recently completed academic year was 
     comprised of a majority of the students who are African 
     American (as defined in section 322(2) of such act (20 U.S.C. 
     1061(2)) and at least 50% or more received Federal Pell Grant 
     Funds.
       (b) Applicability.--Subsection (a) shall apply to an 
     institution of higher education that otherwise would be 
     ineligible to participate in a program under part A of title 
     IV of the Higher Education Act of 1965 on or after the date 
     of enactment of this Act due to the application of section 
     435(a)(2) of the Higher Education Act of 1965 (20 U.S.C. 
     1085(a)(2)).
       (c) Coverage.--This section shall be in effect for the 
     period covered by this Act and for the succeeding fiscal 
     year.
       Sec. 318.  Of the amounts made available under the heading 
     ``Department of Education--Rehabilitation Services'' in title 
     III of the Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Act, 2020 
     (division A of Public Law 116-94) that remain available 
     subsequent to the reallotment of funds to States pursuant to 
     section 110(b) of the Rehabilitation Act of 1973 (Public Law 
     93-112), $20,000,000 shall be available to the Secretary for 
     one-time financial relief and restoration grants consistent 
     with the purposes of the Randolph-Sheppard Act as authorized 
     under section 10 of such Act (20 U.S.C. 107f):  Provided, 
     That the Secretary shall use such funds to make grants to 
     each State licensing agency in the same proportion as the 
     number of blind vendors operating a vending facility in such 
     State as compared to the number of blind vendors operating a 
     vending facility in all the States on September 30, 2019:  
     Provided further, That the State licensing agency shall use 
     these grants to make financial relief and restoration 
     payments to offset losses of blind vendors that occurred 
     during calendar year 2020, but only to the extent that such 
     losses are not otherwise compensated:  Provided further, That 
     any funds in excess of the amount needed for financial relief 
     and restoration payments to blind vendors shall be used by 
     the State licensing agency for other purposes authorized by 
     section 395.9 of title 34, Code of Federal Regulations, as in 
     effect on the date of enactment of this Act, and determined 
     through active participation with the State committee of 
     blind vendors as required:  Provided further, That such funds 
     shall remain available to the Secretary until September 30, 
     2021.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 2021''.

                                TITLE IV

                            RELATED AGENCIES

 Committee for Purchase From People Who Are Blind or Severely Disabled

                         salaries and expenses

       For expenses necessary for the Committee for Purchase From 
     People Who Are Blind or Severely Disabled (referred to in 
     this title as ``the Committee'') established under section 
     8502 of title 41, United States Code, $10,500,000:  Provided, 
     That in order to authorize any central nonprofit agency 
     designated pursuant to section 8503(c) of title 41, United 
     States Code, to perform requirements of the Committee as 
     prescribed under section 51-3.2 of title 41, Code of Federal 
     Regulations, the Committee shall enter into a written 
     agreement with any such central nonprofit agency:  Provided 
     further, That such agreement shall contain such auditing, 
     oversight, and reporting provisions as necessary to implement 
     chapter 85 of title 41, United States Code:  Provided 
     further, That such agreement shall include the elements 
     listed under the heading ``Committee For Purchase From People 
     Who Are Blind or Severely Disabled--Written Agreement 
     Elements'' in the explanatory statement described in section 
     4 of Public Law 114-113 (in the matter preceding division A 
     of that consolidated Act):  Provided further, That any such 
     central nonprofit agency may not charge a fee under section 
     51-3.5 of title 41, Code of Federal Regulations, prior to 
     executing a written agreement with the Committee:  Provided 
     further, That no less than $2,500,000 shall be available for 
     the Office of Inspector General.

             Corporation for National and Community Service

                           operating expenses

       For necessary expenses for the Corporation for National and 
     Community Service (referred to in this title as ``CNCS'') to 
     carry out the Domestic Volunteer Service Act of 1973 
     (referred to in this title as ``1973 Act'') and the National 
     and Community Service Act of 1990 (referred to in this title 
     as ``1990 Act''), $843,115,000, notwithstanding sections 
     198B(b)(3), 198S(g), 501(a)(4)(C), and 501(a)(4)(F) of the 
     1990 Act:  Provided, That of the amounts provided under this 
     heading: (1) up to 1 percent of program grant funds may be 
     used to defray the costs of conducting grant application 
     reviews, including the use of outside peer reviewers and 
     electronic management of the grants cycle; (2) $18,538,000 
     shall be available to provide assistance to State commissions 
     on national and community service, under section 126(a) of 
     the 1990 Act and notwithstanding section 501(a)(5)(B) of the 
     1990 Act; (3) $33,500,000 shall be available to carry out 
     subtitle E of the 1990 Act; and (4) $6,400,000 shall be 
     available for expenses authorized under section 501(a)(4)(F) 
     of the 1990 Act, which, notwithstanding the provisions of 
     section 198P shall be awarded by CNCS on a competitive basis: 
      Provided further, That for the purposes of carrying out the 
     1990 Act, satisfying the requirements in section 122(c)(1)(D) 
     may include a determination of need by the local community.

                 payment to the national service trust

                     (including transfer of funds)

       For payment to the National Service Trust established under 
     subtitle D of title I of the 1990 Act, $185,000,000, to 
     remain available until expended:  Provided, That CNCS may 
     transfer additional funds from the amount provided within 
     ``Operating Expenses'' allocated to grants under subtitle C 
     of title I of the 1990 Act to the National Service Trust upon 
     determination that such transfer is necessary to support the 
     activities of national service participants and after notice 
     is transmitted to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided further, 
     That amounts appropriated for or transferred to the National 
     Service Trust may be invested under section 145(b) of the 
     1990 Act without regard to the requirement to apportion funds 
     under 31 U.S.C. 1513(b).

                         salaries and expenses

       For necessary expenses of administration as provided under 
     section 501(a)(5) of the 1990 Act and under section 504(a) of 
     the 1973 Act, including payment of salaries, authorized 
     travel, hire of passenger motor vehicles, the rental of 
     conference rooms in the District of Columbia, the employment 
     of experts and consultants authorized under 5 U.S.C. 3109, 
     and not to exceed $2,500 for official reception and 
     representation expenses, $86,487,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, 
     $6,500,000.

                       administrative provisions

       Sec. 401.  CNCS shall make any significant changes to 
     program requirements, service delivery or policy only through 
     public notice and comment rulemaking. For fiscal year 2021, 
     during any grant selection process, an officer or employee of 
     CNCS shall not knowingly disclose any covered grant selection 
     information regarding such selection, directly or indirectly, 
     to any person other than an officer or employee of CNCS that 
     is authorized by CNCS to receive such information.
       Sec. 402.  AmeriCorps programs receiving grants under the 
     National Service Trust program shall meet an overall minimum 
     share requirement of 24 percent for the first 3 years that 
     they receive AmeriCorps funding, and thereafter shall meet 
     the overall minimum share requirement as provided in section 
     2521.60 of title 45,

[[Page H7440]]

     Code of Federal Regulations, without regard to the operating 
     costs match requirement in section 121(e) or the member 
     support Federal share limitations in section 140 of the 1990 
     Act, and subject to partial waiver consistent with section 
     2521.70 of title 45, Code of Federal Regulations.
       Sec. 403.  Donations made to CNCS under section 196 of the 
     1990 Act for the purposes of financing programs and 
     operations under titles I and II of the 1973 Act or subtitle 
     B, C, D, or E of title I of the 1990 Act shall be used to 
     supplement and not supplant current programs and operations.
       Sec. 404.  In addition to the requirements in section 
     146(a) of the 1990 Act, use of an educational award for the 
     purpose described in section 148(a)(4) shall be limited to 
     individuals who are veterans as defined under section 101 of 
     the Act.
       Sec. 405.  For the purpose of carrying out section 189D of 
     the 1990 Act--
       (1) entities described in paragraph (a) of such section 
     shall be considered ``qualified entities'' under section 3 of 
     the National Child Protection Act of 1993 (``NCPA'');
       (2) individuals described in such section shall be 
     considered ``volunteers'' under section 3 of NCPA; and
       (3) State Commissions on National and Community Service 
     established pursuant to section 178 of the 1990 Act, are 
     authorized to receive criminal history record information, 
     consistent with Public Law 92-544.
       Sec. 406.  Notwithstanding sections 139(b), 146 and 147 of 
     the 1990 Act, an individual who successfully completes a term 
     of service of not less than 1,200 hours during a period of 
     not more than one year may receive a national service 
     education award having a value of 70 percent of the value of 
     a national service education award determined under section 
     147(a) of the Act.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting 
     (``CPB''), as authorized by the Communications Act of 1934, 
     an amount which shall be available within limitations 
     specified by that Act, for the fiscal year 2023, 
     $475,000,000:  Provided, That none of the funds made 
     available to CPB by this Act shall be used to pay for 
     receptions, parties, or similar forms of entertainment for 
     Government officials or employees:  Provided further, That 
     none of the funds made available to CPB by this Act shall be 
     available or used to aid or support any program or activity 
     from which any person is excluded, or is denied benefits, or 
     is discriminated against, on the basis of race, color, 
     national origin, religion, or sex:  Provided further, That 
     none of the funds made available to CPB by this Act shall be 
     used to apply any political test or qualification in 
     selecting, appointing, promoting, or taking any other 
     personnel action with respect to officers, agents, and 
     employees of CPB.
       In addition, for the costs associated with replacing and 
     upgrading the public broadcasting interconnection system and 
     other technologies and services that create infrastructure 
     and efficiencies within the public media system, $20,000,000.

               Federal Mediation and Conciliation Service

                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service (``Service'') to carry out the functions 
     vested in it by the Labor-Management Relations Act, 1947, 
     including hire of passenger motor vehicles; for expenses 
     necessary for the Labor-Management Cooperation Act of 1978; 
     and for expenses necessary for the Service to carry out the 
     functions vested in it by the Civil Service Reform Act, 
     $48,600,000, including up to $900,000 to remain available 
     through September 30, 2022, for activities authorized by the 
     Labor-Management Cooperation Act of 1978:  Provided, That 
     notwithstanding 31 U.S.C. 3302, fees charged, up to full-cost 
     recovery, for special training activities and other conflict 
     resolution services and technical assistance, including those 
     provided to foreign governments and international 
     organizations, and for arbitration services shall be credited 
     to and merged with this account, and shall remain available 
     until expended:  Provided further, That fees for arbitration 
     services shall be available only for education, training, and 
     professional development of the agency workforce:  Provided 
     further, That the Director of the Service is authorized to 
     accept and use on behalf of the United States gifts of 
     services and real, personal, or other property in the aid of 
     any projects or functions within the Director's jurisdiction.

            Federal Mine Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission, $17,184,000.

                Institute of Museum and Library Services

    office of museum and library services: grants and administration

       For carrying out the Museum and Library Services Act of 
     1996 and the National Museum of African American History and 
     Culture Act, $257,000,000.

            Medicaid and CHIP Payment and Access Commission

                         salaries and expenses

       For expenses necessary to carry out section 1900 of the 
     Social Security Act, $8,780,000.

                  Medicare Payment Advisory Commission

                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $12,905,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance Trust Fund 
     and the Federal Supplementary Medical Insurance Trust Fund.

                     National Council on Disability

                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, $3,350,000.

                     National Labor Relations Board

                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, and other laws, $274,224,000: 
      Provided, That no part of this appropriation shall be 
     available to organize or assist in organizing agricultural 
     laborers or used in connection with investigations, hearings, 
     directives, or orders concerning bargaining units composed of 
     agricultural laborers as referred to in section 2(3) of the 
     Act of July 5, 1935, and as amended by the Labor-Management 
     Relations Act, 1947, and as defined in section 3(f) of the 
     Act of June 25, 1938, and including in said definition 
     employees engaged in the maintenance and operation of 
     ditches, canals, reservoirs, and waterways when maintained or 
     operated on a mutual, nonprofit basis and at least 95 percent 
     of the water stored or supplied thereby is used for farming 
     purposes.

                       administrative provisions

       Sec. 407.  None of the funds provided by this Act or 
     previous Acts making appropriations for the National Labor 
     Relations Board may be used to issue any new administrative 
     directive or regulation that would provide employees any 
     means of voting through any electronic means in an election 
     to determine a representative for the purposes of collective 
     bargaining.

                        National Mediation Board

                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, including emergency boards appointed by 
     the President, $14,300,000.

            Occupational Safety and Health Review Commission

                         salaries and expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission, $13,225,000.

                       Railroad Retirement Board

                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $13,000,000, which shall include amounts becoming 
     available in fiscal year 2021 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds the 
     amount available for payment of vested dual benefits:  
     Provided, That the total amount provided herein shall be 
     credited in 12 approximately equal amounts on the first day 
     of each month in the fiscal year.

          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2022, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.

                      limitation on administration

       For necessary expenses for the Railroad Retirement Board 
     (``Board'') for administration of the Railroad Retirement Act 
     and the Railroad Unemployment Insurance Act, $123,500,000, to 
     be derived in such amounts as determined by the Board from 
     the railroad retirement accounts and from moneys credited to 
     the railroad unemployment insurance administration fund:  
     Provided, That notwithstanding section 7(b)(9) of the 
     Railroad Retirement Act this limitation may be used to hire 
     attorneys only through the excepted service:  Provided 
     further, That the previous proviso shall not change the 
     status under Federal employment laws of any attorney hired by 
     the Railroad Retirement Board prior to January 1, 2013:  
     Provided further, That notwithstanding section 7(b)(9) of the 
     Railroad Retirement Act, this limitation may be used to hire 
     students attending qualifying educational institutions or 
     individuals who have recently completed qualifying 
     educational programs using current excepted hiring 
     authorities established by the Office of Personnel 
     Management:  Provided further, That $9,000,000 to remain 
     available until expended, shall be used to supplement, not 
     supplant, existing resources devoted to operations and 
     improvements for the Board's Information Technology 
     Investment Initiatives.

             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, not more than 
     $11,500,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account.

                     Social Security Administration

                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund, 
     as provided under sections 201(m) and 1131(b)(2) of the 
     Social Security Act, $11,000,000.

                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds

[[Page H7441]]

     for administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $40,158,768,000, to 
     remain available until expended:  Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury:  Provided further, That not more 
     than $86,000,000 shall be available for research and 
     demonstrations under sections 1110, 1115, and 1144 of the 
     Social Security Act, and remain available through September 
     30, 2023.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2022, 
     $19,600,000,000, to remain available until expended.

                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $20,000 for official 
     reception and representation expenses, not more than 
     $12,794,945,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to in such section:  Provided, That 
     not less than $2,500,000 shall be for the Social Security 
     Advisory Board:  Provided further, That $45,000,000 shall 
     remain available until expended for information technology 
     modernization, including related hardware and software 
     infrastructure and equipment, and for administrative expenses 
     directly associated with information technology 
     modernization:  Provided further, That $50,000,000 shall 
     remain available through September 30, 2022, for activities 
     to address the disability hearings backlog within the Office 
     of Hearings Operations:  Provided further, That unobligated 
     balances of funds provided under this paragraph at the end of 
     fiscal year 2021 not needed for fiscal year 2021 shall remain 
     available until expended to invest in the Social Security 
     Administration information technology and telecommunications 
     hardware and software infrastructure, including related 
     equipment and non-payroll administrative expenses associated 
     solely with this information technology and 
     telecommunications infrastructure:  Provided further, That 
     the Commissioner of Social Security shall notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate prior to making unobligated balances available 
     under the authority in the previous proviso:  Provided 
     further, That reimbursement to the trust funds under this 
     heading for expenditures for official time for employees of 
     the Social Security Administration pursuant to 5 U.S.C. 7131, 
     and for facilities or support services for labor 
     organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title shall 
     be made by the Secretary of the Treasury, with interest, from 
     amounts in the general fund not otherwise appropriated, as 
     soon as possible after such expenditures are made.
       Of the total amount made available in the first paragraph 
     under this heading, not more than $1,575,000,000, to remain 
     available through March 31, 2022, is for the costs associated 
     with continuing disability reviews under titles II and XVI of 
     the Social Security Act, including work-related continuing 
     disability reviews to determine whether earnings derived from 
     services demonstrate an individual's ability to engage in 
     substantial gainful activity, for the cost associated with 
     conducting redeterminations of eligibility under title XVI of 
     the Social Security Act, for the cost of co-operative 
     disability investigation units, and for the cost associated 
     with the prosecution of fraud in the programs and operations 
     of the Social Security Administration by Special Assistant 
     United States Attorneys:  Provided, That, of such amount, 
     $273,000,000 is provided to meet the terms of section 
     251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended, and $1,302,000,000 
     is additional new budget authority specified for purposes of 
     section 251(b)(2)(B) of such Act:  Provided further, That, of 
     the additional new budget authority described in the 
     preceding proviso, up to $11,200,000 may be transferred to 
     the ``Office of Inspector General'', Social Security 
     Administration, for the cost of jointly operated co-operative 
     disability investigation units:  Provided further, That such 
     transfer authority is in addition to any other transfer 
     authority provided by law:  Provided further, That the 
     Commissioner shall provide to the Congress (at the conclusion 
     of the fiscal year) a report on the obligation and 
     expenditure of these funds, similar to the reports that were 
     required by section 103(d)(2) of Public Law 104-121 for 
     fiscal years 1996 through 2002.
       In addition, $135,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended:  Provided, That to the extent that 
     the amounts collected pursuant to such sections in fiscal 
     year 2021 exceed $135,000,000, the amounts shall be available 
     in fiscal year 2022 only to the extent provided in advance in 
     appropriations Acts.
       In addition, up to $1,000,000 to be derived from fees 
     collected pursuant to section 303(c) of the Social Security 
     Protection Act, which shall remain available until expended.

                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $30,000,000, together with not to exceed 
     $75,500,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available:  Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House of Representatives and the Senate at least 15 days 
     in advance of any transfer.

                                TITLE V

                           GENERAL PROVISIONS

                          (transfer of funds)

       Sec. 501.  The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act. Such transferred 
     balances shall be used for the same purpose, and for the same 
     periods of time, for which they were originally appropriated.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act or transferred pursuant to section 4002 of Public 
     Law 111-148 shall be used, other than for normal and 
     recognized executive-legislative relationships, for publicity 
     or propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, electronic 
     communication, radio, television, or video presentation 
     designed to support or defeat the enactment of legislation 
     before the Congress or any State or local legislature or 
     legislative body, except in presentation to the Congress or 
     any State or local legislature itself, or designed to support 
     or defeat any proposed or pending regulation, administrative 
     action, or order issued by the executive branch of any State 
     or local government, except in presentation to the executive 
     branch of any State or local government itself.
       (b) No part of any appropriation contained in this Act or 
     transferred pursuant to section 4002 of Public Law 111-148 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence the enactment 
     of legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before the 
     Congress or any State government, State legislature or local 
     legislature or legislative body, other than for normal and 
     recognized executive-legislative relationships or 
     participation by an agency or officer of a State, local or 
     tribal government in policymaking and administrative 
     processes within the executive branch of that government.
       (c) The prohibitions in subsections (a) and (b) shall 
     include any activity to advocate or promote any proposed, 
     pending or future Federal, State or local tax increase, or 
     any proposed, pending, or future requirement or restriction 
     on any legal consumer product, including its sale or 
     marketing, including but not limited to the advocacy or 
     promotion of gun control.
       Sec. 504.  The Secretaries of Labor and Education are 
     authorized to make available not to exceed $28,000 and 
     $20,000, respectively, from funds available for salaries and 
     expenses under titles I and III, respectively, for official 
     reception and representation expenses; the Director of the 
     Federal Mediation and Conciliation Service is authorized to 
     make available for official reception and representation 
     expenses not to exceed $5,000 from the funds available for 
     ``Federal Mediation and Conciliation Service, Salaries and 
     Expenses''; and the Chairman of the National Mediation Board 
     is authorized to make available for official reception and 
     representation expenses not to exceed $5,000 from funds 
     available for ``National Mediation Board, Salaries and 
     Expenses''.
       Sec. 505.  When issuing statements, press releases, 
     requests for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state--
       (1) the percentage of the total costs of the program or 
     project which will be financed with Federal money;
       (2) the dollar amount of Federal funds for the project or 
     program; and
       (3) percentage and dollar amount of the total costs of the 
     project or program that will be financed by non-governmental 
     sources.
       Sec. 506. (a) None of the funds appropriated in this Act, 
     and none of the funds in any trust fund to which funds are 
     appropriated in this Act, shall be expended for any abortion.
       (b) None of the funds appropriated in this Act, and none of 
     the funds in any trust fund to which funds are appropriated 
     in this Act, shall be expended for health benefits coverage 
     that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 507. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a

[[Page H7442]]

     State, locality, entity, or private person of State, local, 
     or private funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       (d)(1) None of the funds made available in this Act may be 
     made available to a Federal agency or program, or to a State 
     or local government, if such agency, program, or government 
     subjects any institutional or individual health care entity 
     to discrimination on the basis that the health care entity 
     does not provide, pay for, provide coverage of, or refer for 
     abortions.
       (2) In this subsection, the term ``health care entity'' 
     includes an individual physician or other health care 
     professional, a hospital, a provider-sponsored organization, 
     a health maintenance organization, a health insurance plan, 
     or any other kind of health care facility, organization, or 
     plan.
       Sec. 508. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.204(b) and section 498(b) of 
     the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 509. (a) None of the funds made available in this Act 
     may be used for any activity that promotes the legalization 
     of any drug or other substance included in schedule I of the 
     schedules of controlled substances established under section 
     202 of the Controlled Substances Act except for normal and 
     recognized executive-congressional communications.
       (b) The limitation in subsection (a) shall not apply when 
     there is significant medical evidence of a therapeutic 
     advantage to the use of such drug or other substance or that 
     federally sponsored clinical trials are being conducted to 
     determine therapeutic advantage.
       Sec. 510.  None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act providing for, or 
     providing for the assignment of, a unique health identifier 
     for an individual (except in an individual's capacity as an 
     employer or a health care provider), until legislation is 
     enacted specifically approving the standard.
       Sec. 511.  None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in 38 U.S.C. 4212(d) 
     regarding submission of an annual report to the Secretary of 
     Labor concerning employment of certain veterans; and
       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 512.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 513.  None of the funds made available by this Act to 
     carry out the Library Services and Technology Act may be made 
     available to any library covered by paragraph (1) of section 
     224(f) of such Act, as amended by the Children's Internet 
     Protection Act, unless such library has made the 
     certifications required by paragraph (4) of such section.
       Sec. 514. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 2021, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds that--
       (1) creates new programs;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel by any means for any 
     project or activity for which funds have been denied or 
     restricted;
       (4) relocates an office or employees;
       (5) reorganizes or renames offices;
       (6) reorganizes programs or activities; or
       (7) contracts out or privatizes any functions or activities 
     presently performed by Federal employees;
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are consulted 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier, and 
     are notified in writing 10 days in advance of such 
     reprogramming.
       (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2021, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure through a 
     reprogramming of funds in excess of $500,000 or 10 percent, 
     whichever is less, that--
       (1) augments existing programs, projects (including 
     construction projects), or activities;
       (2) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (3) results from any general savings from a reduction in 
     personnel which would result in a change in existing 
     programs, activities, or projects as approved by Congress;
     unless the Committees on Appropriations of the House of 
     Representatives and the Senate are consulted 15 days in 
     advance of such reprogramming or of an announcement of intent 
     relating to such reprogramming, whichever occurs earlier, and 
     are notified in writing 10 days in advance of such 
     reprogramming.
       Sec. 515. (a) None of the funds made available in this Act 
     may be used to request that a candidate for appointment to a 
     Federal scientific advisory committee disclose the political 
     affiliation or voting history of the candidate or the 
     position that the candidate holds with respect to political 
     issues not directly related to and necessary for the work of 
     the committee involved.
       (b) None of the funds made available in this Act may be 
     used to disseminate information that is deliberately false or 
     misleading.
       Sec. 516.  Within 45 days of enactment of this Act, each 
     department and related agency funded through this Act shall 
     submit an operating plan that details at the program, 
     project, and activity level any funding allocations for 
     fiscal year 2021 that are different than those specified in 
     this Act, the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act), or the fiscal year 2021 budget request.
       Sec. 517.  The Secretaries of Labor, Health and Human 
     Services, and Education shall each prepare and submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a report on the number and amount of 
     contracts, grants, and cooperative agreements exceeding 
     $500,000, individually or in total for a particular project, 
     activity, or programmatic initiative, in value and awarded by 
     the Department on a non-competitive basis during each quarter 
     of fiscal year 2021, but not to include grants awarded on a 
     formula basis or directed by law. Such report shall include 
     the name of the contractor or grantee, the amount of funding, 
     the governmental purpose, including a justification for 
     issuing the award on a non-competitive basis. Such report 
     shall be transmitted to the Committees within 30 days after 
     the end of the quarter for which the report is submitted.
       Sec. 518.  None of the funds appropriated in this Act shall 
     be expended or obligated by the Commissioner of Social 
     Security, for purposes of administering Social Security 
     benefit payments under title II of the Social Security Act, 
     to process any claim for credit for a quarter of coverage 
     based on work performed under a social security account 
     number that is not the claimant's number and the performance 
     of such work under such number has formed the basis for a 
     conviction of the claimant of a violation of section 
     208(a)(6) or (7) of the Social Security Act.
       Sec. 519.  None of the funds appropriated by this Act may 
     be used by the Commissioner of Social Security or the Social 
     Security Administration to pay the compensation of employees 
     of the Social Security Administration to administer Social 
     Security benefit payments, under any agreement between the 
     United States and Mexico establishing totalization 
     arrangements between the social security system established 
     by title II of the Social Security Act and the social 
     security system of Mexico, which would not otherwise be 
     payable but for such agreement.
       Sec. 520. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 521.  None of the funds made available under this or 
     any other Act, or any prior Appropriations Act, may be 
     provided to the Association of Community Organizations for 
     Reform Now (ACORN), or any of its affiliates, subsidiaries, 
     allied organizations, or successors.
       Sec. 522.  For purposes of carrying out Executive Order 
     13589, Office of Management and Budget Memorandum M-12-12 
     dated May 11, 2012, and requirements contained in the annual 
     appropriations bills relating to conference attendance and 
     expenditures:
       (1) the operating divisions of HHS shall be considered 
     independent agencies; and
       (2) attendance at and support for scientific conferences 
     shall be tabulated separately from and not included in agency 
     totals.
       Sec. 523.  Federal agencies funded under this Act shall 
     clearly state within the text, audio, or video used for 
     advertising or educational purposes, including emails or 
     Internet postings, that the communication is printed, 
     published, or produced and disseminated at U.S. taxpayer 
     expense. The funds used by a Federal agency to carry out this 
     requirement shall be derived from amounts made available to 
     the agency for advertising or other communications regarding 
     the programs and activities of the agency.
       Sec. 524. (a) Federal agencies may use Federal 
     discretionary funds that are made available in this Act to 
     carry out up to 10 Performance Partnership Pilots. Such 
     Pilots shall be governed by the provisions of section 526 of 
     division H of Public Law 113-76, except that in carrying out 
     such Pilots section 526 shall be applied by substituting 
     ``Fiscal Year 2021'' for ``Fiscal Year 2014'' in the title of 
     subsection (b) and by substituting ``September 30, 2025'' for 
     ``September 30, 2018'' each place it appears:  Provided, That 
     such pilots shall include communities that have experienced 
     civil unrest.

[[Page H7443]]

       (b) In addition, Federal agencies may use Federal 
     discretionary funds that are made available in this Act to 
     participate in Performance Partnership Pilots that are being 
     carried out pursuant to the authority provided by section 526 
     of division H of Public Law 113-76, section 524 of division G 
     of Public Law 113-235, section 525 of division H of Public 
     Law 114-113, section 525 of division H of Public Law 115-31, 
     section 525 of division H of Public Law 115-141, and section 
     524 of division A of Public Law 116-94.
       (c) Pilot sites selected under authorities in this Act and 
     prior appropriations Acts may be granted by relevant agencies 
     up to an additional 5 years to operate under such 
     authorities.
       Sec. 525.  Not later than 30 days after the end of each 
     calendar quarter, beginning with the first month of fiscal 
     year 2021 the Departments of Labor, Health and Human Services 
     and Education and the Social Security Administration shall 
     provide the Committees on Appropriations of the House of 
     Representatives and Senate a report on the status of balances 
     of appropriations:  Provided, That for balances that are 
     unobligated and uncommitted, committed, and obligated but 
     unexpended, the monthly reports shall separately identify the 
     amounts attributable to each source year of appropriation 
     (beginning with fiscal year 2012, or, to the extent feasible, 
     earlier fiscal years) from which balances were derived.
       Sec. 526.  The Departments of Labor, Health and Human 
     Services, or Education shall provide to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     a comprehensive list of any new or competitive grant award 
     notifications, including supplements, issued at the 
     discretion of such Departments not less than 3 full business 
     days before any entity selected to receive a grant award is 
     announced by the Department or its offices (other than 
     emergency response grants at any time of the year or for 
     grant awards made during the last 10 business days of the 
     fiscal year, or if applicable, of the program year).
       Sec. 527.  Notwithstanding any other provision of this Act, 
     no funds appropriated in this Act shall be used to purchase 
     sterile needles or syringes for the hypodermic injection of 
     any illegal drug:  Provided, That such limitation does not 
     apply to the use of funds for elements of a program other 
     than making such purchases if the relevant State or local 
     health department, in consultation with the Centers for 
     Disease Control and Prevention, determines that the State or 
     local jurisdiction, as applicable, is experiencing, or is at 
     risk for, a significant increase in hepatitis infections or 
     an HIV outbreak due to injection drug use, and such program 
     is operating in accordance with State and local law.
       Sec. 528.  Each department and related agency funded 
     through this Act shall provide answers to questions submitted 
     for the record by members of the Committee within 45 business 
     days after receipt.

                              (rescission)

       Sec. 529.  Of the unobligated balances made available by 
     section 301(b)(3) of Public Law 114-10, $2,000,000,000 are 
     hereby rescinded.

                              (rescission)

       Sec. 530.  Of any available amounts appropriated under 
     section 2104(a)(24) of the Social Security Act (42 U.S.C. 
     1397dd) that are unobligated as of September 25, 2021, 
     $1,000,000,000 are hereby rescinded as of such date.
       Sec. 531.  Of the unobligated balances made available for 
     purposes of carrying out section 2105(a)(3) of the Social 
     Security Act, $4,000,000,000 shall not be available for 
     obligation in this fiscal year.
       Sec. 532.  Of amounts deposited in the Child Enrollment 
     Contingency Fund under section 2104(n)(2) of the Social 
     Security Act and the income derived from investment of those 
     funds pursuant to section 2104(n)(2)(C) of that Act, 
     $14,000,000,000 shall not be available for obligation in this 
     fiscal year.
       Sec. 533.  For an additional amount for ``Department of 
     Health and Human Services--Administration for Children and 
     Families--Children and Families Services Programs'', 
     $638,000,000, to prevent, prepare for, and respond to 
     coronavirus, for necessary expenses for grants to carry out a 
     Low-Income Household Drinking Water and Wastewater Emergency 
     Assistance Program:  Provided, That the Secretary of Health 
     and Human Services shall make grants to States and Indian 
     Tribes to assist low-income households, particularly those 
     with the lowest incomes, that pay a high proportion of 
     household income for drinking water and wastewater services, 
     by providing funds to owners or operators of public water 
     systems or treatment works to reduce arrearages of and rates 
     charged to such households for such services:  Provided 
     further, That in carrying out this appropriation, the 
     Secretary, States, and Indian Tribes, as applicable, shall, 
     as appropriate and to the extent practicable, use existing 
     processes, procedures, policies, and systems in place to 
     provide assistance to low-income households, including by 
     using existing programs and program announcements, 
     application and approval processes:  Provided further, That 
     the Secretary shall allot amounts appropriated in this 
     section to a State or Indian Tribe based on the following (i) 
     the percentage of households in the State, or under the 
     jurisdiction of the Indian Tribe, with income equal to or 
     less than 150 percent of the Federal poverty line, and (ii) 
     the percentage of such households in the State, or under the 
     jurisdiction of the Indian Tribe, that spend more than 30 
     percent of monthly income on housing:  Provided further, That 
     up to 3 percent of the amount appropriated in this section 
     shall be reserved for Indian Tribes and tribal organizations: 
      Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       This division may be cited as the ``Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Act, 2021''.

        DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2021

                                TITLE I

                           LEGISLATIVE BRANCH

                                 SENATE

                           Expense Allowances

       For expense allowances of the Vice President, $18,760; the 
     President Pro Tempore of the Senate, $37,520; Majority Leader 
     of the Senate, $39,920; Minority Leader of the Senate, 
     $39,920; Majority Whip of the Senate, $9,980; Minority Whip 
     of the Senate, $9,980; President Pro Tempore Emeritus, 
     $15,000; Chairmen of the Majority and Minority Conference 
     Committees, $4,690 for each Chairman; and Chairmen of the 
     Majority and Minority Policy Committees, $4,690 for each 
     Chairman; in all, $189,840.
       For representation allowances of the Majority and Minority 
     Leaders of the Senate, $14,070 for each such Leader; in all, 
     $28,140.

                    Salaries, Officers and Employees

       For compensation of officers, employees, and others as 
     authorized by law, including agency contributions, 
     $222,727,000, which shall be paid from this appropriation as 
     follows:

                      office of the vice president

       For the Office of the Vice President, $2,533,000.

                  office of the president pro tempore

       For the Office of the President Pro Tempore, $759,000.

              office of the president pro tempore emeritus

       For the Office of the President Pro Tempore Emeritus, 
     $326,000.

              offices of the majority and minority leaders

       For Offices of the Majority and Minority Leaders, 
     $5,506,000.

               offices of the majority and minority whips

       For Offices of the Majority and Minority Whips, $3,525,000.

                      committee on appropriations

       For salaries of the Committee on Appropriations, 
     $16,143,000.

                         conference committees

       For the Conference of the Majority and the Conference of 
     the Minority, at rates of compensation to be fixed by the 
     Chairman of each such committee, $1,738,000 for each such 
     committee; in all, $3,476,000.

 offices of the secretaries of the conference of the majority and the 
                       conference of the minority

       For Offices of the Secretaries of the Conference of the 
     Majority and the Conference of the Minority, $862,000.

                           policy committees

       For salaries of the Majority Policy Committee and the 
     Minority Policy Committee, $1,776,000 for each such 
     committee; in all, $3,552,000.

                         office of the chaplain

       For Office of the Chaplain, $510,000.

                        office of the secretary

       For Office of the Secretary, $26,818,000.

             office of the sergeant at arms and doorkeeper

       For Office of the Sergeant at Arms and Doorkeeper, 
     $88,879,000.

        offices of the secretaries for the majority and minority

       For Offices of the Secretary for the Majority and the 
     Secretary for the Minority, $1,940,000.

               agency contributions and related expenses

       For agency contributions for employee benefits, as 
     authorized by law, and related expenses, $67,898,000.

            Office of the Legislative Counsel of the Senate

       For salaries and expenses of the Office of the Legislative 
     Counsel of the Senate, $6,681,000.

                     Office of Senate Legal Counsel

       For salaries and expenses of the Office of Senate Legal 
     Counsel, $1,197,000.

Expense Allowances of the Secretary of the Senate, Sergeant at Arms and 
Doorkeeper of the Senate, and Secretaries for the Majority and Minority 
                             of the Senate

       For expense allowances of the Secretary of the Senate, 
     $7,110; Sergeant at Arms and Doorkeeper of the Senate, 
     $7,110; Secretary for the Majority of the Senate, $7,110; 
     Secretary for the Minority of the Senate, $7,110; in all, 
     $28,440.

                   Contingent Expenses of the Senate

                      inquiries and investigations

       For expenses of inquiries and investigations ordered by the 
     Senate, or conducted under paragraph 1 of rule XXVI of the 
     Standing Rules of the Senate, section 112 of the Supplemental 
     Appropriations and Rescission Act, 1980 (Public Law 96-304), 
     and Senate Resolution 281, 96th Congress, agreed to March 11, 
     1980, $133,265,000, of which $13,350,000 shall remain 
     available until September 30, 2023.

         u.s. senate caucus on international narcotics control

       For expenses of the United States Senate Caucus on 
     International Narcotics Control, $508,000.

                        secretary of the senate

       For expenses of the Office of the Secretary of the Senate, 
     $9,536,000 of which $6,436,000 shall remain available until 
     September 30, 2025 and of which $3,100,000 shall remain 
     available until expended.

[[Page H7444]]

  


             sergeant at arms and doorkeeper of the senate

       For expenses of the Office of the Sergeant at Arms and 
     Doorkeeper of the Senate, $139,221,200, which shall remain 
     available until September 30, 2025:  Provided, That of the 
     amounts made available under this heading, $4,740,000, to 
     remain available until expended, shall be for the Joint 
     Audible Warning System.

                          miscellaneous items

       For miscellaneous items, $24,877,100 which shall remain 
     available until September 30, 2023.

        senators' official personnel and office expense account

       For Senators' Official Personnel and Office Expense 
     Account, $461,000,000 of which $20,128,950 shall remain 
     available until September 30, 2023 and of which $6,000,000 
     shall be allocated solely for the purpose of providing 
     financial compensation to Senate interns.

                          official mail costs

       For expenses necessary for official mail costs of the 
     Senate, $300,000.

                       Administrative Provisions

                    (Including Rescission of Funds)

requiring amounts remaining in senators' official personnel and office 
   expense account to be used for deficit reduction or to reduce the 
                              federal debt

       Sec. 101.  Notwithstanding any other provision of law, any 
     amounts appropriated under this Act under the heading 
     ``SENATE'' under the heading ``Contingent Expenses of the 
     Senate'' under the heading ``senators' official personnel and 
     office expense account'' shall be available for obligation 
     only during the fiscal year or fiscal years for which such 
     amounts are made available. Any unexpended balances under 
     such allowances remaining after the end of the period of 
     availability shall be returned to the Treasury in accordance 
     with the undesignated paragraph under the center heading 
     ``GENERAL PROVISION'' under chapter XI of the Third 
     Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and used 
     for deficit reduction (or, if there is no Federal budget 
     deficit after all such payments have been made, for reducing 
     the Federal debt, in such manner as the Secretary of the 
     Treasury considers appropriate).

                               rescission

       Sec. 102.  Of the unobligated balances made available under 
     the heading ``Senate--Contingent Expenses of the Senate--
     Settlements and Awards Reserve'' in the Legislative Branch 
     Appropriations Act, 1996 (Public Law 104-53), $1,000,000 are 
     hereby permanently rescinded.

                         extension of authority

       Sec. 103.  Section 21(d) of Senate Resolution 64 of the One 
     Hundred Thirteenth Congress, 1st session (agreed to on March 
     5, 2013), as most recently amended by section 103 of the 
     Legislative Branch Appropriations Act, 2019 (division B of 
     Public Law 115-244), is further amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2022''.

      senate democratic leadership offices funding and authorities

       Sec. 104. (a) In this section--
       (1) the term ``applicable conference'' means the majority 
     or minority conference of the Senate, as applicable, that 
     represents the Democratic party;
       (2) the term ``covered Congress'' means the 117th Congress; 
     and
       (3) the term ``covered period'' means the period beginning 
     on the date on which the Secretary of the applicable 
     conference submits the letter described in subsection (b) and 
     ending on January 3, 2023.
       (b) The Secretary of the applicable conference may, by 
     submission of a letter to the Disbursing Office of the Senate 
     on or after January 3, 2021, assign to the Assistant Leader 
     of the applicable conference the following duties and 
     authorities for the duration of the covered Congress:
       (1) The authority over any amounts made available for the 
     Office of the Secretary of the applicable conference.
       (2) The duties and authorities of the Secretary of the 
     applicable conference under section 3 of title I of division 
     H of the Consolidated Appropriations Act, 2008 (2 U.S.C. 
     6154), section 102 of chapter VIII of title I of the 
     Supplemental Appropriations Act, 1979 (2 U.S.C. 6156), or any 
     other provision of law.
       (c) For purposes of any individual employed by the Office 
     of the Assistant Leader of the applicable conference during 
     the covered period--
       (1) any reference to the Office of the Secretary of the 
     applicable conference in the last sentence of section 506(e) 
     of the Supplemental Appropriations Act, 1973 (2 U.S.C. 
     6314(e)) shall be deemed to refer to the Office of the 
     Assistant Leader of the applicable conference;
       (2) any reference to the Office of the Secretary of the 
     applicable conference under subsection (b) of the first 
     section of S. Res. 458 (98th Congress) shall be deemed to 
     refer to the Office of the Assistant Leader of the applicable 
     conference; and
       (3) any reference to the Secretary of the applicable 
     conference under section 207(e)(9)(M) of title 18, United 
     States Code, shall be deemed to refer to the Assistant Leader 
     of the applicable conference.
       (d) For purposes of any individual employed by the Office 
     of the Assistant Leader of the applicable conference during 
     the covered period and with respect to any practice that 
     occurs during the covered period, any reference to the Office 
     of the Secretary of the applicable conference under section 
     220(e)(2)(C) of the Congressional Accountability Act of 1995 
     (2 U.S.C. 1351(e)(2)(C)) shall be deemed to be a reference to 
     the Office of the Assistant Leader of the applicable 
     conference.
       (e) Nothing in this section shall be construed to have any 
     effect on the continuation of any procedure or action 
     initiated under the Congressional Accountability Act of 1995 
     (2 U.S.C. 1301 et seq.) or section 207 of title 18, United 
     States Code.

                      student loan cap adjustment

       Sec. 105. (a) Section 102 of the Legislative Branch 
     Appropriations Act, 2002 (2 U.S.C. 4579) is amended--
       (1) in subsection (c)(2)(A)--
       (A) in clause (i), by striking `` $500'' and inserting `` 
     $833''; and
       (B) in clause (ii), by striking `` $40,000'' and inserting 
     `` $80,000''; and
       (2) in subsection (h)(1), by striking ``2 percent'' each 
     place it appears and inserting ``2.5 percent''.
       (b) The amendments made by subsection (a) shall take effect 
     on March 1, 2021.

                        HOUSE OF REPRESENTATIVES

                         Salaries and Expenses

       For salaries and expenses of the House of Representatives, 
     $1,480,819,000, as follows:

                        House Leadership Offices

       For salaries and expenses, as authorized by law, 
     $28,884,000, including: Office of the Speaker, $8,295,000, 
     including $25,000 for official expenses of the Speaker; 
     Office of the Majority Floor Leader, $2,947,000, including 
     $10,000 for official expenses of the Majority Leader; Office 
     of the Minority Floor Leader, $8,295,000, including $10,000 
     for official expenses of the Minority Leader; Office of the 
     Majority Whip, including the Chief Deputy Majority Whip, 
     $2,448,000, including $5,000 for official expenses of the 
     Majority Whip; Office of the Minority Whip, including the 
     Chief Deputy Minority Whip, $2,219,000, including $5,000 for 
     official expenses of the Minority Whip; Republican 
     Conference, $2,340,000; Democratic Caucus, $2,340,000:  
     Provided, That such amount for salaries and expenses shall 
     remain available from January 3, 2021 until January 2, 2022.

                  Members' Representational Allowances

   including members' clerk hire, official expenses of members, and 
                             official mail

       For Members' representational allowances, including 
     Members' clerk hire, official expenses, and official mail, 
     $640,000,000.

        Allowance for Compensation of Interns in Member Offices

       For the allowance established under section 120 of the 
     Legislative Branch Appropriations Act, 2019 (2 U.S.C. 5322a) 
     for the compensation of interns who serve in the offices of 
     Members of the House of Representatives, $11,025,000, to 
     remain available through January 2, 2022:  Provided, That 
     notwithstanding section 120(b) of such Act, an office of a 
     Member of the House of Representatives may use not more than 
     $25,000 of the allowance available under this heading during 
     calendar year 2021.

   Allowance for Compensation of Interns in House Leadership Offices

       For the allowance established under section 113 of the 
     Legislative Branch Appropriations Act, 2020 (2 U.S.C. 5106) 
     for the compensation of interns who serve in House leadership 
     offices, $365,000, to remain available through January 2, 
     2022:  Provided, That of the amount provided under this 
     heading, $200,000 shall be available for the compensation of 
     interns who serve in House leadership offices of the 
     majority, to be allocated among such offices by the Speaker 
     of the House of Representatives, and $165,000 shall be 
     available for the compensation of interns who serve in House 
     leadership offices of the minority, to be allocated among 
     such offices by the Minority Floor Leader.

                          Committee Employees

                Standing Committees, Special and Select

       For salaries and expenses of standing committees, special 
     and select, authorized by House resolutions, $138,100,000:  
     Provided, That such amount shall remain available for such 
     salaries and expenses until December 31, 2022, except that 
     $3,100,000 of such amount shall remain available until 
     expended for committee room upgrading.

                      Committee on Appropriations

       For salaries and expenses of the Committee on 
     Appropriations, $24,725,000, including studies and 
     examinations of executive agencies and temporary personal 
     services for such committee, to be expended in accordance 
     with section 202(b) of the Legislative Reorganization Act of 
     1946 and to be available for reimbursement to agencies for 
     services performed:  Provided, That such amount shall remain 
     available for such salaries and expenses until December 31, 
     2022.

                    Salaries, Officers and Employees

       For compensation and expenses of officers and employees, as 
     authorized by law, $260,781,000, including: for salaries and 
     expenses of the Office of the Clerk, including the positions 
     of the Chaplain and the Historian, and including not more 
     than $25,000 for official representation and reception 
     expenses, of which not more than $20,000 is for the Family 
     Room and not more than $2,000 is for the Office of the 
     Chaplain, $31,975,000, of which $4,000,000 shall remain 
     available until expended; for salaries and expenses of the 
     Office of the Sergeant at Arms, including the position of 
     Superintendent of Garages and the Office of Emergency 
     Management, and including not more than $3,000 for official 
     representation and reception expenses, $23,260,000, of which 
     $11,000,000 shall remain available until expended; for 
     salaries and expenses of the Office of the Chief 
     Administrative Officer including not more than $3,000 for 
     official representation and reception expenses, $177,200,000, 
     of which $26,000,000 shall remain available until expended; 
     for salaries and expenses of the Office of Diversity and 
     Inclusion, $1,500,000; for salaries and expenses of the 
     Office of the Whistleblower Ombudsman,

[[Page H7445]]

     $1,000,000; for salaries and expenses of the Office of the 
     Inspector General, $5,019,000; for salaries and expenses of 
     the Office of General Counsel, $1,815,000; for salaries and 
     expenses of the Office of the Parliamentarian, including the 
     Parliamentarian, $2,000 for preparing the Digest of Rules, 
     and not more than $1,000 for official representation and 
     reception expenses, $2,088,000; for salaries and expenses of 
     the Office of the Law Revision Counsel of the House, 
     $3,469,000; for salaries and expenses of the Office of the 
     Legislative Counsel of the House, $11,937,000; for salaries 
     and expenses of the Office of Interparliamentary Affairs, 
     $934,000; for other authorized employees, $584,000.

                        Allowances and Expenses

       For allowances and expenses as authorized by House 
     resolution or law, $374,939,000, including: supplies, 
     materials, administrative costs and Federal tort claims, 
     $1,555,000; official mail for committees, leadership offices, 
     and administrative offices of the House, $190,000; Government 
     contributions for health, retirement, Social Security, 
     contractor support for actuarial projections, and other 
     applicable employee benefits, $335,000,000, to remain 
     available until March 31, 2022; salaries and expenses for 
     Business Continuity and Disaster Recovery, $18,508,000, of 
     which $6,000,000 shall remain available until expended; 
     transition activities for new members and staff, $13,000,000, 
     to remain available until expended; Wounded Warrior Program 
     and the Congressional Gold Star Family Fellowship Program, 
     $3,975,000, to remain available until expended; Office of 
     Congressional Ethics, $1,711,000; and miscellaneous items 
     including purchase, exchange, maintenance, repair and 
     operation of House motor vehicles, interparliamentary 
     receptions, and gratuities to heirs of deceased employees of 
     the House, $1,000,000.

       House of Representatives Modernization Initiatives Account

                     (including transfer of funds)

       For the House of Representatives Modernization Initiatives 
     Account established in section 115, $2,000,000, to remain 
     available until expended:  Provided, That disbursement from 
     this account is subject to approval of the Committee on 
     Appropriations of the House of Representatives:  Provided 
     further, That funds provided in this account shall only be 
     used for initiatives recommended by the Select Committee on 
     Modernization or approved by the Committee on House 
     Administration.

                       Administrative Provisions

requiring amounts remaining in members' representational allowances to 
      be used for deficit reduction or to reduce the federal debt

       Sec. 110. (a) Notwithstanding any other provision of law, 
     any amounts appropriated under this Act for ``HOUSE OF 
     REPRESENTATIVES--Salaries and Expenses--members' 
     representational allowances'' shall be available only for 
     fiscal year 2021. Any amount remaining after all payments are 
     made under such allowances for fiscal year 2021 shall be 
     deposited in the Treasury and used for deficit reduction (or, 
     if there is no Federal budget deficit after all such payments 
     have been made, for reducing the Federal debt, in such manner 
     as the Secretary of the Treasury considers appropriate).
       (b) The Committee on House Administration of the House of 
     Representatives shall have authority to prescribe regulations 
     to carry out this section.
       (c) As used in this section, the term ``Member of the House 
     of Representatives'' means a Representative in, or a Delegate 
     or Resident Commissioner to, the Congress.

            limitation on amount available to lease vehicles

       Sec. 111.  None of the funds made available in this Act may 
     be used by the Chief Administrative Officer of the House of 
     Representatives to make any payments from any Members' 
     Representational Allowance for the leasing of a vehicle, 
     excluding mobile district offices, in an aggregate amount 
     that exceeds $1,000 for the vehicle in any month.

         cybersecurity assistance for house of representatives

       Sec. 112.  The head of any Federal entity that provides 
     assistance to the House of Representatives in the House's 
     efforts to deter, prevent, mitigate, or remediate 
     cybersecurity risks to, and incidents involving, the 
     information systems of the House shall take all necessary 
     steps to ensure the constitutional integrity of the separate 
     branches of the government at all stages of providing the 
     assistance, including applying minimization procedures to 
     limit the spread or sharing of privileged House and Member 
     information.

                          rescissions of funds

       Sec. 113. (a) Of the unobligated balances available from 
     prior appropriations Acts from the revolving fund established 
     under House Resolution 64, Ninety Eighth Congress, agreed to 
     February 8, 1983, as enacted into permanent law by section 
     110 of the Congressional Operations Appropriation Act, 1984 
     (2 U.S.C. 4917), $212,976 is hereby rescinded.
       (b) Of the unobligated balances available from prior 
     appropriations Acts from the revolving fund established in 
     the item relating to ``Stationery'' under the heading ``House 
     of Representatives, Contingent Expenses of the House'' in the 
     first section of the Legislative Branch Appropriation Act, 
     1948 (2 U.S.C. 5534), $1,000,000 is hereby rescinded.
       (c) Of the unobligated balances available from prior 
     appropriations Acts from the Net Expenses of 
     Telecommunications Revolving Fund under section 102 of the 
     Legislative Branch Appropriations Act, 2005 (2 U.S.C. 5538), 
     $3,000,000 is hereby rescinded.

                      student loan cap adjustment

       Sec. 114. (a) Increase in Lifetime Limit.--Section 105 of 
     the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 
     4536) is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Lifetime Limit on Aggregate Payments Made on Behalf 
     of Any Individual.--The aggregate amount of payments made on 
     behalf of any individual under the program under this section 
     by all employing offices of the House of Representatives may 
     not exceed $80,000.''.
       (b) Effective Date; Transition.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall apply with respect to fiscal year 2021 and each 
     succeeding fiscal year.
       (2) Permitting additional payments on behalf of individuals 
     whose payments reached prior limit.--In promulgating 
     regulations to carry out the amendment made by subsection 
     (a), the Committee on House Administration of the House of 
     Representatives shall include regulations to permit payments 
     to be made under the program under section 105 of the 
     Legislative Branch Appropriations Act, 2003 (2 U.S.C. 4536) 
     on behalf of an individual who--
       (A) is an employee of an employing office of the House 
     during fiscal year 2021 or any succeeding fiscal year;
       (B) prior to fiscal year 2021, had payments made on the 
     individual's behalf under the program under such section; and
       (C) prior to fiscal year 2021, became ineligible to have 
     payments made on the individual's behalf under the program 
     because the aggregate amount of the payments made on the 
     individual's behalf under the program reached the limit on 
     such aggregate amount which (under regulations promulgated by 
     the Committee) was in effect prior to fiscal year 2021.

       house of representatives modernization initiatives account

       Sec. 115. (a) Establishment.--There is hereby established 
     in the Treasury of the United States an account for the House 
     of Representatives to be known as the ``House of 
     Representatives Modernization Initiatives Account'' 
     (hereafter in this section referred to as the ``Account'').
       (b) Use of Funds.--Funds in the Account shall be used by 
     the House of Representatives to carry out initiatives to 
     modernize the operations of the House, including initiatives 
     to promote administrative efficiencies and expand the use of 
     innovative technologies in offices of the House.
       (c) Continuing Availability of Funds.--Funds in the Account 
     are available without fiscal year limitation.
       (d) Authorizing Transfers of Funds Among Other House 
     Accounts.--Section 101(c)(2) of the Legislative Branch 
     Appropriations Act, 1993 (2 U.S.C. 5507(c)(2)) is amended by 
     striking ``, and `Allowance for Compensation of Interns in 
     House Leadership Offices'.'' and inserting `` `Allowance for 
     Compensation of Interns in House Leadership Offices', and 
     `House of Representatives Modernization Initiatives 
     Account'.''.
       (e) Effective Date.--This section and the amendments made 
     by this section shall apply with respect to fiscal year 2021 
     and each succeeding fiscal year.

                    congressional mailing standards

       Sec. 116. (a) Short Title.--This section may be cited as 
     the ``Communications Outreach Media and Mail Standards Act'' 
     or the ``COMMS Act''.
       (b) Renaming House Commission on Congressional Mailing 
     Standards.--
       (1) In general.--Section 5(a) of the Act entitled ``An Act 
     to amend title 39, United States Code, to clarify the proper 
     use of the franking privilege by Members of Congress, and for 
     other purposes'', approved December 18, 1973 (2 U.S.C. 
     501(a)), is amended by striking ``House Commission on 
     Congressional Mailing Standards'' and inserting ``House 
     Communications Standards Commission''.
       (2) Conforming amendments.--
       (A) Title 39.--Title 39, United States Code, is amended by 
     striking ``House Commission on Congressional Mailing 
     Standards'' and inserting ``House Communications Standards 
     Commission'' each place it appears in the following sections:
       (i) Section 3210(a)(5), (a)(6)(D), (b)(3), (d)(5), and 
     (d)(6)(A).
       (ii) Section 3216(e)(1) and (e)(2).
       (iii) Section 3220(b).
       (B) Other provisions.--Section 311 of the Legislative 
     Branch Appropriations Act, 1991 (2 U.S.C. 503) is amended by 
     striking ``House Commission on Congressional Mailing 
     Standards'' and inserting ``House Communications Standards 
     Commission'' each place it appears in subsections (a)(3), 
     (e)(1)(B), and (f).
       (3) References in other documents.--Any reference in any 
     rule, regulation, or other document to the House Commission 
     on Congressional Mailing Standards shall be deemed to be a 
     reference to the House Communications Standards Commission.
       (c) Authority of Commission Over Official Mass 
     Communications.--
       (1) Authority to provide guidance regarding dissemination 
     of mass communications.--
       (A) In general.--Section 5(d) of the Act entitled ``An Act 
     to amend title 39, United States Code, to clarify the proper 
     use of the franking privilege by Members of Congress, and for 
     other purposes'', approved December 18, 1973 (2 U.S.C. 
     501(d)), is amended--
       (i) in the first sentence, by striking ``The Commission'' 
     and inserting ``(1) The Commission''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) In addition to the guidance, assistance, advice, and 
     counsel described in paragraph (1), the Commission shall 
     provide--

[[Page H7446]]

       ``(A) guidance, assistance, advice, and counsel, through 
     advisory opinions or consultations, in connection with any 
     law and with any rule or regulation of the House of 
     Representatives governing the dissemination of mass 
     communications other than franked mail; and
       ``(B) guidance, assistance, advice, and counsel in 
     connection with any law and with any rule or regulation of 
     the House of Representatives governing the official content 
     of other official communications of any quantity, whether 
     solicited or unsolicited.''.
       (B) Authority to investigate complaints.--Section 5(e) of 
     such Act (2 U.S.C. 501(e)) is amended--
       (i) in the first sentence, by striking ``Any complaint'' 
     and all that follows through ``is about to occur'' and 
     inserting the following: ``Any complaint that a violation of 
     any provision of law or any rule or regulation of the House 
     of Representatives to which subsection (d) applies is about 
     to occur''; and
       (ii) in the sentence beginning with ``Notwithstanding any 
     other provision of law'', by striking ``a violation of the 
     franking laws or an abuse of the franking privilege by any 
     person listed under subsection (d) of this section as 
     entitled to send mail as franked mail,'' and inserting ``a 
     violation of any provision of law or any rule or regulation 
     of the House of Representatives to which subsection (d) 
     applies,''.
       (C) Mass communication defined.--Section 5 of such Act (2 
     U.S.C. 501) is amended by adding at the end the following new 
     subsection:
       ``(h) In this section, the term `mass communication' means 
     a mass mailing described in section 3210(a)(6)(E) of title 
     39, United States Code, or any other unsolicited 
     communication of substantially identical content which is 
     transmitted to 500 or more persons in a session of Congress, 
     as provided under regulations of the Commission, except that 
     such term does not include--
       ``(1) any communication from an individual described in 
     subsection (d) to another individual described in subsection 
     (d), a Senator, or any Federal, State, local, or Tribal 
     government official;
       ``(2) any news release to the communications media;
       ``(3) any such mass mailing or unsolicited communication 
     made in direct response to a communication from a person to 
     whom the mass mailing or unsolicited communication was 
     transmitted; or
       ``(4) in the case of any such unsolicited communication 
     which is transmitted in a digital format, a communication for 
     which the cost of the content is less than a threshold amount 
     established under regulations of the House Communications 
     Standards Commission.''.
       (2) Authority to review all unsolicited mass 
     communications.--
       (A) Requiring review before dissemination.--Section 311(f) 
     of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 
     503(f)) is amended--
       (i) by striking ``any mass mailing'' and inserting ``any 
     mass communication'';
       (ii) by striking ``mail matter'' and inserting ``matter''; 
     and
       (iii) by striking ``such proposed mailing'' and inserting 
     ``such proposed communication''.
       (B) Exception for certain communications.--Section 311(f) 
     of such Act (2 U.S.C. 503(f)) is amended--
       (i) by striking ``A Member'' and inserting ``(1) Except as 
     provided in paragraph (2), a Member''; and
       (ii) by adding at the end the following new paragraph:
       ``(2) Paragraph (1) does not apply in the case of any type 
     of mass communication which is designated as exempt from the 
     requirements of such paragraph as provided under regulations 
     of the House Communications Standards Commission.''.
       (C) Definition.--Section 311(g) of such Act (2 U.S.C. 
     503(g)) is amended--
       (i) by striking ``and'' at the end of paragraph (1);
       (ii) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new paragraph:
       ``(3) the term `mass communication' means a mass mailing 
     described in section 3210(a)(6)(E) of title 39, United States 
     Code, or any other unsolicited communication of substantially 
     identical content which is transmitted to 500 or more persons 
     in a session of Congress, as provided under regulations of 
     the House Communications Standards Commission, except that 
     such term does not include--
       ``(A) any communication from a Member of the House of 
     Representatives to another Member of the House of 
     Representatives, a Senator, or any Federal, State, or local 
     government official;
       ``(B) any news release to the communications media;
       ``(C) any such mass mailing or unsolicited communication 
     made in direct response to a communication from a person to 
     whom the mass mailing or unsolicited communication was 
     transmitted; or
       ``(D) in the case of any such unsolicited communication 
     which is transmitted in a digital format, a communication for 
     which the cost of the content is less than a threshold amount 
     established under regulations of the House Communications 
     Standards Commission.''.
       (3) Conforming amendment to rules of the house of 
     representatives.--Clause 9 of rule XXIV of the Rules of the 
     House of Representatives is amended by inserting after ``that 
     session,'' the following: ``or any other unsolicited 
     communication of substantially identical content which is 
     transmitted to 500 or more persons in that session or, in the 
     case of a digital communication of substantially identical 
     content, which is disseminated at a cost exceeding a 
     designated amount, as provided under regulations of the House 
     Communications Standards Commission,''.
       (d) Revision to Mass Mailing Notice on Taxpayer Funding.--
     Section 311(a) of the Legislative Branch Appropriations Act, 
     1997 (2 U.S.C. 506(a)) is amended--
       (1) by striking ``(a) Each mass mailing'' and inserting 
     ``(a)(1) Each mass mailing'';
       (2) by striking ``the following notice:'' and all that 
     follows through ``or a notice'' and inserting ``one of the 
     notices described in paragraph (2) or a notice''; and
       (3) by adding at the end the following new paragraph:
       ``(2) The notices described in this paragraph are as 
     follows:
       ``(A) `Paid for with official funds from the office of 
     _____.', with the blank filled in with the name of the Member 
     sending the mailing.
       ``(B) `Paid for by the funds authorized by the House of 
     Representatives for District __ of _____.', with the first 
     blank filled in with the name of the congressional district 
     number, and the second blank filled in with the name of the 
     State, of the Member sending the mailing.
       ``(C) `Paid for by official funds authorized by the House 
     of Representatives.' ''.
       (e) Revisions to Restrictions on Mail Matter Considered 
     Frankable.--
       (1) Expressions of congratulations.--Section 3210(a)(3)(F) 
     of title 39, United States Code, is amended by striking ``to 
     a person who has achieved some public distinction''.
       (2) Biographical information related to official and 
     representational duties.--Section 3210(a)(3)(I) of such title 
     is amended by striking ``publication or in response to a 
     specific request therefor'' and inserting the following: 
     ``publication, in response to a specific request therefor, or 
     which relates to the Member's or Member-elect's official and 
     representational duties,''.
       (3) Photos and likenesses included in newsletters or 
     general mass mailings.--Section 3210(a)(3) of such title is 
     amended--
       (A) by adding ``or'' at the end of subparagraph (H);
       (B) in subparagraph (I), by striking ``; or'' and inserting 
     a period; and
       (C) by striking subparagraph (J).
       (4) Clarification of ability of members to use franked mail 
     to send personal messages to constituents.--Section 
     3210(a)(4) of such title is amended by striking the period at 
     the end and inserting the following: ``, except that nothing 
     in this paragraph may be construed to prohibit the use of the 
     franking privilege for the transmission of matter which is 
     purely personal to a recipient who is a constituent of a 
     Member of Congress and which is related to the official 
     business, activities, and duties of the Member.''.
       (5) Uniform blackout period for all members of congress.--
       (A) Uniform period.--Section 3210(a)(6)(A) of such title is 
     amended--
       (i) in clause (i), by striking ``(or, in the case of a 
     Member of the House, fewer than 90 days)''; and
       (ii) in clause (ii)(II), by striking ``90 days'' and 
     inserting ``60 days''.
       (B) Effective date.--The amendments made by paragraph (1) 
     shall apply with respect to the regularly scheduled general 
     election for Federal office held in November 2020 and each 
     succeeding election for public office.
       (6) Information on certain matters.--Section 3210(a)(6)(E) 
     of such title is amended--
       (A) by striking ``or'' at the end of clause (ii);
       (B) by striking the period at the end of clause (iii) and 
     inserting ``; or''; and
       (C) by adding at the end the following new clause:
       ``(iv) providing information exclusively on competitions 
     which are officially sanctioned by the House of 
     Representatives or Senate, nominations to military service 
     academies, official employment listings for positions in the 
     House of Representatives (including listings for positions in 
     the Wounded Warrior Program or the Gold Star Family 
     Fellowship Program), or natural disasters or other threats to 
     public health and life safety.''.
       (f) Effective Date.--Except as provided in subsection 
     (e)(5)(B), this section and the amendments made by this 
     section shall apply with respect to communications 
     disseminated on or after the date of the enactment of this 
     Act.

authorizing use of members' representational allowance for expenses of 
                             members-elect

       Sec. 117. (a) Authorization.--Section 101(a) of the House 
     of Representatives Administrative Reform Technical 
     Corrections Act (2 U.S.C. 5341(a)) is amended--
       (1) by striking ``a Member'' and inserting ``a Member or 
     Member-elect''; and
       (2) by striking ``the Member'' and inserting ``the Member 
     or Member-elect''.
       (b) Regulations.--Section 101(d) of such Act (2 U.S.C. 
     5341(d)) is amended by striking the period at the end and 
     inserting the following: ``, including regulations 
     establishing under subsection (a) the official and 
     representational duties during a Congress of a Member-elect 
     of the House of Representatives who is not an incumbent 
     Member re-elected to the ensuing Congress.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to Members-elect of the House of 
     Representatives for the One Hundred Seventeenth Congress and 
     each succeeding Congress.

                              JOINT ITEMS

       For Joint Committees, as follows:

                        Joint Economic Committee

       For salaries and expenses of the Joint Economic Committee, 
     $4,203,000, to be disbursed by the Secretary of the Senate.

                      Joint Committee on Taxation

       For salaries and expenses of the Joint Committee on 
     Taxation, $11,905,000, to be disbursed

[[Page H7447]]

     by the Chief Administrative Officer of the House of 
     Representatives.
       For other joint items, as follows:

                   Office of the Attending Physician

       For medical supplies, equipment, and contingent expenses of 
     the emergency rooms, and for the Attending Physician and his 
     assistants, including:
       (1) an allowance of $2,175 per month to the Attending 
     Physician;
       (2) an allowance of $1,300 per month to the Senior Medical 
     Officer;
       (3) an allowance of $725 per month each to three medical 
     officers while on duty in the Office of the Attending 
     Physician;
       (4) an allowance of $725 per month to 2 assistants and $580 
     per month each not to exceed 11 assistants on the basis 
     heretofore provided for such assistants; and
       (5) $2,796,000 for reimbursement to the Department of the 
     Navy for expenses incurred for staff and equipment assigned 
     to the Office of the Attending Physician, which shall be 
     advanced and credited to the applicable appropriation or 
     appropriations from which such salaries, allowances, and 
     other expenses are payable and shall be available for all the 
     purposes thereof, $3,869,000, to be disbursed by the Chief 
     Administrative Officer of the House of Representatives.

             Office of Congressional Accessibility Services

                         Salaries and Expenses

       For salaries and expenses of the Office of Congressional 
     Accessibility Services, $1,536,000, to be disbursed by the 
     Secretary of the Senate.

                             CAPITOL POLICE

                                Salaries

       For salaries of employees of the Capitol Police, including 
     overtime, hazardous duty pay, and Government contributions 
     for health, retirement, social security, professional 
     liability insurance, and other applicable employee benefits, 
     $424,397,000 of which overtime shall not exceed $50,246,000 
     unless the Committee on Appropriations of the House and 
     Senate are notified, to be disbursed by the Chief of the 
     Capitol Police or his designee.

                            General Expenses

       For necessary expenses of the Capitol Police, including 
     motor vehicles, communications and other equipment, security 
     equipment and installation, uniforms, weapons, supplies, 
     materials, training, medical services, forensic services, 
     stenographic services, personal and professional services, 
     the employee assistance program, the awards program, postage, 
     communication services, travel advances, relocation of 
     instructor and liaison personnel for the Federal Law 
     Enforcement Training Center, and not more than $5,000 to be 
     expended on the certification of the Chief of the Capitol 
     Police in connection with official representation and 
     reception expenses, $91,144,000, to be disbursed by the Chief 
     of the Capitol Police or his designee:  Provided, That, 
     notwithstanding any other provision of law, the cost of basic 
     training for the Capitol Police at the Federal Law 
     Enforcement Training Center for fiscal year 2021 shall be 
     paid by the Secretary of Homeland Security from funds 
     available to the Department of Homeland Security:  Provided 
     further, That of the amounts made available under this 
     heading, $3,639,000, to remain available until expended, 
     shall be for the Joint Audible Warning System.

                        Administrative Provision

                      student loan cap adjustment

       Sec. 120.  Section 908(c) of the Emergency Supplemental 
     Act, 2002 (2 U.S.C. 1926(c)), is amended by striking `` 
     $60,000'' and inserting `` $80,000''.

                OFFICE OF CONGRESSIONAL WORKPLACE RIGHTS

                         Salaries and Expenses

       For salaries and expenses necessary for the operation of 
     the Office of Congressional Workplace Rights, $7,500,000, of 
     which $1,000,000 shall remain available until September 30, 
     2022, and of which not more than $1,000 may be expended on 
     the certification of the Executive Director in connection 
     with official representation and reception expenses.

                      CONGRESSIONAL BUDGET OFFICE

                         Salaries and Expenses

       For salaries and expenses necessary for operation of the 
     Congressional Budget Office, including not more than $6,000 
     to be expended on the certification of the Director of the 
     Congressional Budget Office in connection with official 
     representation and reception expenses, $57,292,000:  
     Provided, That the Director shall use not less than $500,000 
     of the amount made available under this heading for (1) 
     improving technical systems, processes, and models for the 
     purpose of improving the transparency of estimates of 
     budgetary effects to Members of Congress, employees of 
     Members of Congress, and the public, and (2) to increase the 
     availability of models, economic assumptions, and data for 
     Members of Congress, employees of Members of Congress, and 
     the public.

                        ARCHITECT OF THE CAPITOL

                  Capital Construction and Operations

       For salaries for the Architect of the Capitol, and other 
     personal services, at rates of pay provided by law; for all 
     necessary expenses for surveys and studies, construction, 
     operation, and general and administrative support in 
     connection with facilities and activities under the care of 
     the Architect of the Capitol including the Botanic Garden; 
     electrical substations of the Capitol, Senate and House 
     office buildings, and other facilities under the jurisdiction 
     of the Architect of the Capitol; including furnishings and 
     office equipment; including not more than $5,000 for official 
     reception and representation expenses, to be expended as the 
     Architect of the Capitol may approve; for purchase or 
     exchange, maintenance, and operation of a passenger motor 
     vehicle, $127,462,000, of which $1,500,000 shall remain 
     available until September 30, 2025.

                            Capitol Building

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol, $34,719,000, of which $6,099,000 
     shall remain available until September 30, 2025.

                            Capitol Grounds

       For all necessary expenses for care and improvement of 
     grounds surrounding the Capitol, the Senate and House office 
     buildings, and the Capitol Power Plant, $20,560,000, of which 
     $7,800,000 shall remain available until September 30, 2025.

                        Senate Office Buildings

       For all necessary expenses for the maintenance, care and 
     operation of Senate office buildings; and furniture and 
     furnishings to be expended under the control and supervision 
     of the Architect of the Capitol, $89,615,280, of which 
     $22,200,000 shall remain available until September 30, 2025.

                         House Office Buildings

                     (including transfer of funds)

       For all necessary expenses for the maintenance, care and 
     operation of the House office buildings, $138,780,000, of 
     which $14,540,000 shall remain available until September 30, 
     2025, and of which $62,000,000 shall remain available until 
     expended for the restoration and renovation of the Cannon 
     House Office Building:  Provided, That of the amount made 
     available under this heading, $9,000,000 shall be derived by 
     transfer from the House Office Building Fund established 
     under section 176(d) of the Continuing Appropriations Act, 
     2017, as added by section 101(3) of the Further Continuing 
     Appropriation Act, 2017 (Public Law 114-254; 2 U.S.C. 2001 
     note).

                          Capitol Power Plant

       For all necessary expenses for the maintenance, care and 
     operation of the Capitol Power Plant; lighting, heating, 
     power (including the purchase of electrical energy) and water 
     and sewer services for the Capitol, Senate and House office 
     buildings, Library of Congress buildings, and the grounds 
     about the same, Botanic Garden, Senate garage, and air 
     conditioning refrigeration not supplied from plants in any of 
     such buildings; heating the Government Publishing Office and 
     Washington City Post Office, and heating and chilled water 
     for air conditioning for the Supreme Court Building, the 
     Union Station complex, the Thurgood Marshall Federal 
     Judiciary Building and the Folger Shakespeare Library, 
     expenses for which shall be advanced or reimbursed upon 
     request of the Architect of the Capitol and amounts so 
     received shall be deposited into the Treasury to the credit 
     of this appropriation, $97,761,000, of which $13,700,000 
     shall remain available until September 30, 2025:  Provided, 
     That not more than $10,000,000 of the funds credited or to be 
     reimbursed to this appropriation as herein provided shall be 
     available for obligation during fiscal year 2021.

                     Library Buildings and Grounds

       For all necessary expenses for the mechanical and 
     structural maintenance, care and operation of the Library 
     buildings and grounds, $83,446,000, of which $51,600,000 
     shall remain available until September 30, 2025.

             Capitol Police Buildings, Grounds and Security

       For all necessary expenses for the maintenance, care and 
     operation of buildings, grounds and security enhancements of 
     the United States Capitol Police, wherever located, the 
     Alternate Computing Facility, and Architect of the Capitol 
     security operations, $45,993,000, of which $15,700,000 shall 
     remain available until September 30, 2025:  Provided, That of 
     the amounts made available under this heading, $2,500,000, to 
     remain available until expended, shall be for the Joint 
     Audible Warning System.

                             Botanic Garden

       For all necessary expenses for the maintenance, care and 
     operation of the Botanic Garden and the nurseries, buildings, 
     grounds, and collections; and purchase and exchange, 
     maintenance, repair, and operation of a passenger motor 
     vehicle; all under the direction of the Joint Committee on 
     the Library, $20,986,000, of which $8,300,000 shall remain 
     available until September 30, 2025:  Provided, That, of the 
     amount made available under this heading, the Architect of 
     the Capitol may obligate and expend such sums as may be 
     necessary for the maintenance, care and operation of the 
     National Garden established under section 307E of the 
     Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), 
     upon vouchers approved by the Architect of the Capitol or a 
     duly authorized designee.

                         Capitol Visitor Center

       For all necessary expenses for the operation of the Capitol 
     Visitor Center, $24,751,000.

                        Administrative Provision

       no bonuses for contractors behind schedule or over budget

       Sec. 130.  None of the funds made available in this Act for 
     the Architect of the Capitol may be used to make incentive or 
     award payments to contractors for work on contracts or 
     programs for which the contractor is behind schedule or over 
     budget, unless the Architect of the Capitol, or agency-
     employed designee, determines that any such deviations are 
     due to unforeseeable events, government-driven scope changes, 
     or are not significant within the overall scope of the 
     project and/or program.

                          LIBRARY OF CONGRESS

                         Salaries and Expenses

       For all necessary expenses of the Library of Congress not 
     otherwise provided for, including development and maintenance 
     of the Library's catalogs; custody and custodial care of the 
     Library buildings; information technology services

[[Page H7448]]

     provided centrally; special clothing; cleaning, laundering 
     and repair of uniforms; preservation of motion pictures in 
     the custody of the Library; operation and maintenance of the 
     American Folklife Center in the Library; preparation and 
     distribution of catalog records and other publications of the 
     Library; hire or purchase of one passenger motor vehicle; and 
     expenses of the Library of Congress Trust Fund Board not 
     properly chargeable to the income of any trust fund held by 
     the Board, $523,654,000, and, in addition, amounts credited 
     to this appropriation during fiscal year 2021 under the Act 
     of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150), 
     shall remain available until expended:  Provided, That the 
     Library of Congress may not obligate or expend any funds 
     derived from collections under the Act of June 28, 1902, in 
     excess of the amount authorized for obligation or expenditure 
     in appropriations Acts:  Provided further, That of the total 
     amount appropriated, not more than $18,000 may be expended, 
     on the certification of the Librarian of Congress, in 
     connection with official representation and reception 
     expenses, including for the Overseas Field Offices:  Provided 
     further, That of the total amount appropriated, $9,424,000 
     shall remain available until expended for the Teaching with 
     Primary Sources program:  Provided further, That of the total 
     amount appropriated, $1,384,000 shall remain available until 
     expended for upgrade of the Legislative Branch Financial 
     Management System:  Provided further, That of the total 
     amount appropriated, $250,000 shall remain available until 
     expended for the Surplus Books Program to promote the program 
     and facilitate a greater number of donations to eligible 
     entities across the United States:  Provided further, That of 
     the total amount appropriated, $3,720,000 shall remain 
     available until expended for the Veterans History Project to 
     continue digitization efforts of already collected materials, 
     reach a greater number of veterans to record their stories, 
     and promote public access to the Project:  Provided further, 
     That of the total amount appropriated, $10,000,000 shall 
     remain available until expended for the Library's Visitor 
     Experience project, and may be obligated and expended only 
     upon approval by the Subcommittee on the Legislative Branch 
     of the Committee on Appropriations of the House of 
     Representatives and by the Subcommittee on the Legislative 
     Branch of the Committee on Appropriations of the Senate:  
     Provided further, That of the total amount appropriated, 
     $4,370,000 shall remain available until September 30, 2025, 
     to complete the second of three phases of the shelving 
     replacement in the Law Library's collection storage areas:  
     Provided further, That of the total amount appropriated, 
     $2,500,000 shall remain available until September 30, 2022, 
     for the phase-out and retirement of the de-acidification 
     preservation program.

                            Copyright Office

                         salaries and expenses

       For all necessary expenses of the Copyright Office, 
     $93,416,000, of which not more than $38,004,000, to remain 
     available until expended, shall be derived from collections 
     credited to this appropriation during fiscal year 2021 under 
     sections 708(d) and 1316 of title 17, United States Code:  
     Provided, That the Copyright Office may not obligate or 
     expend any funds derived from collections under such section 
     in excess of the amount authorized for obligation or 
     expenditure in appropriations Acts:  Provided further, That 
     not more than $6,778,000 shall be derived from collections 
     during fiscal year 2021 under sections 111(d)(2), 119(b)(3), 
     803(e), and 1005 of such title:  Provided further, That the 
     total amount available for obligation shall be reduced by the 
     amount by which collections are less than $44,782,000:  
     Provided further, That of the funds provided under this 
     heading, not less than $17,100,000 is for modernization 
     initiatives, of which $10,000,000 shall remain available 
     until September 30, 2022:  Provided further, That not more 
     than $100,000 of the amount appropriated is available for the 
     maintenance of an ``International Copyright Institute'' in 
     the Copyright Office of the Library of Congress for the 
     purpose of training nationals of developing countries in 
     intellectual property laws and policies:  Provided further, 
     That not more than $6,500 may be expended, on the 
     certification of the Librarian of Congress, in connection 
     with official representation and reception expenses for 
     activities of the International Copyright Institute and for 
     copyright delegations, visitors, and seminars:  Provided 
     further, That, notwithstanding any provision of chapter 8 of 
     title 17, United States Code, any amounts made available 
     under this heading which are attributable to royalty fees and 
     payments received by the Copyright Office pursuant to 
     sections 111, 119, and chapter 10 of such title may be used 
     for the costs incurred in the administration of the Copyright 
     Royalty Judges program, with the exception of the costs of 
     salaries and benefits for the Copyright Royalty Judges and 
     staff under section 802(e).

                     Congressional Research Service

                         salaries and expenses

       For all necessary expenses to carry out the provisions of 
     section 203 of the Legislative Reorganization Act of 1946 (2 
     U.S.C. 166) and to revise and extend the Annotated 
     Constitution of the United States of America, $125,495,000:  
     Provided, That no part of such amount may be used to pay any 
     salary or expense in connection with any publication, or 
     preparation of material therefor (except the Digest of Public 
     General Bills), to be issued by the Library of Congress 
     unless such publication has obtained prior approval of either 
     the Committee on House Administration of the House of 
     Representatives or the Committee on Rules and Administration 
     of the Senate:  Provided further, That this prohibition does 
     not apply to publication of non-confidential Congressional 
     Research Service (CRS) products:  Provided further, That a 
     non-confidential CRS product includes any written product 
     containing research or analysis that is currently available 
     for general congressional access on the CRS Congressional 
     Intranet, or that would be made available on the CRS 
     Congressional Intranet in the normal course of business and 
     does not include material prepared in response to 
     Congressional requests for confidential analysis or research.

       National Library Service for the Blind and Print Disabled

                         salaries and expenses

       For all necessary expenses to carry out the Act of March 3, 
     1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), 
     $59,563,000:  Provided, That of the total amount 
     appropriated, $650,000 shall be available to contract to 
     provide newspapers to blind and print disabled residents at 
     no cost to the individual.

                        Administrative Provision

               reimbursable and revolving fund activities

       Sec. 140. (a) In General.--For fiscal year 2021, the 
     obligational authority of the Library of Congress for the 
     activities described in subsection (b) may not exceed 
     $252,552,000.
       (b) Activities.--The activities referred to in subsection 
     (a) are reimbursable and revolving fund activities that are 
     funded from sources other than appropriations to the Library 
     in appropriations Acts for the legislative branch.

                      GOVERNMENT PUBLISHING OFFICE

                        Congressional Publishing

                     (including transfer of funds)

       For authorized publishing of congressional information and 
     the distribution of congressional information in any format; 
     publishing of Government publications authorized by law to be 
     distributed to Members of Congress; and publishing, and 
     distribution of Government publications authorized by law to 
     be distributed without charge to the recipient, $78,000,000:  
     Provided, That this appropriation shall not be available for 
     paper copies of the permanent edition of the Congressional 
     Record for individual Representatives, Resident Commissioners 
     or Delegates authorized under section 906 of title 44, United 
     States Code:  Provided further, That this appropriation shall 
     be available for the payment of obligations incurred under 
     the appropriations for similar purposes for preceding fiscal 
     years:  Provided further, That notwithstanding the 2-year 
     limitation under section 718 of title 44, United States Code, 
     none of the funds appropriated or made available under this 
     Act or any other Act for printing and binding and related 
     services provided to Congress under chapter 7 of title 44, 
     United States Code, may be expended to print a document, 
     report, or publication after the 27-month period beginning on 
     the date that such document, report, or publication is 
     authorized by Congress to be printed, unless Congress 
     reauthorizes such printing in accordance with section 718 of 
     title 44, United States Code:  Provided further, That 
     unobligated or unexpended balances of expired discretionary 
     funds made available under this heading in this Act for this 
     fiscal year may be transferred to, and merged with, funds 
     under the heading ``Government Publishing Office Business 
     Operations Revolving Fund'' no later than the end of the 
     fifth fiscal year after the last fiscal year for which such 
     funds are available for the purposes for which appropriated, 
     to be available for carrying out the purposes of this 
     heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate:  Provided further, That notwithstanding sections 901, 
     902, and 906 of title 44, United States Code, this 
     appropriation may be used to prepare indexes to the 
     Congressional Record on only a monthly and session basis.

     Public Information Programs of the Superintendent of Documents

                         salaries and expenses

                     (including transfer of funds)

       For expenses of the public information programs of the 
     Office of Superintendent of Documents necessary to provide 
     for the cataloging and indexing of Government publications in 
     any format, and their distribution to the public, Members of 
     Congress, other Government agencies, and designated 
     depository and international exchange libraries as authorized 
     by law, $32,300,000:  Provided, That amounts of not more than 
     $2,000,000 from current year appropriations are authorized 
     for producing and disseminating Congressional serial sets and 
     other related publications for the preceding two fiscal years 
     to depository and other designated libraries:  Provided 
     further, That unobligated or unexpended balances of expired 
     discretionary funds made available under this heading in this 
     Act for this fiscal year may be transferred to, and merged 
     with, funds under the heading ``Government Publishing Office 
     Business Operations Revolving Fund'' no later than the end of 
     the fifth fiscal year after the last fiscal year for which 
     such funds are available for the purposes for which 
     appropriated, to be available for carrying out the purposes 
     of this heading, subject to the approval of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

    Government Publishing Office Business Operations Revolving Fund

       For payment to the Government Publishing Office Business 
     Operations Revolving Fund, $6,700,000, to remain available 
     until expended, for information technology development and 
     facilities repair:  Provided, That the Government Publishing 
     Office is hereby authorized to make such expenditures, within 
     the limits of funds available and in accordance with law, and 
     to make such contracts and commitments without regard to 
     fiscal year limitations as provided by section 9104 of title 
     31, United States Code, as may be necessary in carrying out 
     the programs and purposes set forth in the budget for the 
     current fiscal year for the Government Publishing

[[Page H7449]]

     Office Business Operations Revolving Fund:  Provided further, 
     That not more than $7,500 may be expended on the 
     certification of the Director of the Government Publishing 
     Office in connection with official representation and 
     reception expenses:  Provided further, That the Business 
     Operations Revolving Fund shall be available for the hire or 
     purchase of not more than 12 passenger motor vehicles:  
     Provided further, That expenditures in connection with travel 
     expenses of the advisory councils to the Director of the 
     Government Publishing Office shall be deemed necessary to 
     carry out the provisions of title 44, United States Code:  
     Provided further, That the Business Operations Revolving Fund 
     shall be available for temporary or intermittent services 
     under section 3109(b) of title 5, United States Code, but at 
     rates for individuals not more than the daily equivalent of 
     the annual rate of basic pay for level V of the Executive 
     Schedule under section 5316 of such title:  Provided further, 
     That activities financed through the Business Operations 
     Revolving Fund may provide information in any format:  
     Provided further, That the Business Operations Revolving Fund 
     and the funds provided under the heading ``Public Information 
     Programs of the Superintendent of Documents'' may not be used 
     for contracted security services at Government Publishing 
     Office's passport facility in the District of Columbia.

                    GOVERNMENT ACCOUNTABILITY OFFICE

                         Salaries and Expenses

       For necessary expenses of the Government Accountability 
     Office, including not more than $12,500 to be expended on the 
     certification of the Comptroller General of the United States 
     in connection with official representation and reception 
     expenses; temporary or intermittent services under section 
     3109(b) of title 5, United States Code, but at rates for 
     individuals not more than the daily equivalent of the annual 
     rate of basic pay for level IV of the Executive Schedule 
     under section 5315 of such title; hire of one passenger motor 
     vehicle; advance payments in foreign countries in accordance 
     with section 3324 of title 31, United States Code; benefits 
     comparable to those payable under sections 901(5), (6), and 
     (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 
     (6), and (8)); and under regulations prescribed by the 
     Comptroller General of the United States, rental of living 
     quarters in foreign countries, $661,139,000:  Provided, That, 
     in addition, $31,342,000 of payments received under sections 
     782, 791, 3521, and 9105 of title 31, United States Code, 
     shall be available without fiscal year limitation:  Provided 
     further, That this appropriation and appropriations for 
     administrative expenses of any other department or agency 
     which is a member of the National Intergovernmental Audit 
     Forum or a Regional Intergovernmental Audit Forum shall be 
     available to finance an appropriate share of either Forum's 
     costs as determined by the respective Forum, including 
     necessary travel expenses of non-Federal participants:  
     Provided further, That payments hereunder to the Forum may be 
     credited as reimbursements to any appropriation from which 
     costs involved are initially financed.

                OPEN WORLD LEADERSHIP CENTER TRUST FUND

       For a payment to the Open World Leadership Center Trust 
     Fund for financing activities of the Open World Leadership 
     Center under section 313 of the Legislative Branch 
     Appropriations Act, 2001 (2 U.S.C. 1151), $6,000,000:  
     Provided, That funds made available to support Russian 
     participants shall only be used for those engaging in free 
     market development, humanitarian activities, and civic 
     engagement, and shall not be used for officials of the 
     central government of Russia.

   JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

       For payment to the John C. Stennis Center for Public 
     Service Development Trust Fund established under section 116 
     of the John C. Stennis Center for Public Service Training and 
     Development Act (2 U.S.C. 1105), $430,000.

                                TITLE II

                           GENERAL PROVISIONS

                maintenance and care of private vehicles

       Sec. 201.  No part of the funds appropriated in this Act 
     shall be used for the maintenance or care of private 
     vehicles, except for emergency assistance and cleaning as may 
     be provided under regulations relating to parking facilities 
     for the House of Representatives issued by the Committee on 
     House Administration and for the Senate issued by the 
     Committee on Rules and Administration.

                         fiscal year limitation

       Sec. 202.  No part of the funds appropriated in this Act 
     shall remain available for obligation beyond fiscal year 2021 
     unless expressly so provided in this Act.

                 rates of compensation and designation

       Sec. 203.  Whenever in this Act any office or position not 
     specifically established by the Legislative Pay Act of 1929 
     (46 Stat. 32 et seq.) is appropriated for or the rate of 
     compensation or designation of any office or position 
     appropriated for is different from that specifically 
     established by such Act, the rate of compensation and the 
     designation in this Act shall be the permanent law with 
     respect thereto:  Provided, That the provisions in this Act 
     for the various items of official expenses of Members, 
     officers, and committees of the Senate and House of 
     Representatives, and clerk hire for Senators and Members of 
     the House of Representatives shall be the permanent law with 
     respect thereto.

                          consulting services

       Sec. 204.  The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     under section 3109 of title 5, United States Code, shall be 
     limited to those contracts where such expenditures are a 
     matter of public record and available for public inspection, 
     except where otherwise provided under existing law, or under 
     existing Executive order issued under existing law.

                             costs of lbfmc

       Sec. 205.  Amounts available for administrative expenses of 
     any legislative branch entity which participates in the 
     Legislative Branch Financial Managers Council (LBFMC) 
     established by charter on March 26, 1996, shall be available 
     to finance an appropriate share of LBFMC costs as determined 
     by the LBFMC, except that the total LBFMC costs to be shared 
     among all participating legislative branch entities (in such 
     allocations among the entities as the entities may determine) 
     may not exceed $2,000.

                        limitation on transfers

       Sec. 206.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.

                      guided tours of the capitol

       Sec. 207. (a) Except as provided in subsection (b), none of 
     the funds made available to the Architect of the Capitol in 
     this Act may be used to eliminate or restrict guided tours of 
     the United States Capitol which are led by employees and 
     interns of offices of Members of Congress and other offices 
     of the House of Representatives and Senate, unless through 
     regulations as authorized by section 402(b)(8) of the Capitol 
     Visitor Center Act of 2008 (2 U.S.C. 2242(b)(8)).
       (b) At the direction of the Capitol Police Board, or at the 
     direction of the Architect of the Capitol with the approval 
     of the Capitol Police Board, guided tours of the United 
     States Capitol which are led by employees and interns 
     described in subsection (a) may be suspended temporarily or 
     otherwise subject to restriction for security or related 
     reasons to the same extent as guided tours of the United 
     States Capitol which are led by the Architect of the Capitol.

         limitation on telecommunications equipment procurement

       Sec. 208. (a) None of the funds appropriated or otherwise 
     made available under this Act may be used to acquire 
     telecommunications equipment produced by Huawei Technologies 
     Company or ZTE Corporation for a high or moderate impact 
     information system, as defined for security categorization in 
     the National Institute of Standards and Technology's (NIST) 
     Federal Information Processing Standard Publication 199, 
     ``Standards for Security Categorization of Federal 
     Information and Information Systems'' unless the agency, 
     office, or other entity acquiring the equipment or system 
     has--
       (1) reviewed the supply chain risk for the information 
     systems against criteria developed by NIST to inform 
     acquisition decisions for high or moderate impact information 
     systems within the Federal Government;
       (2) reviewed the supply chain risk from the presumptive 
     awardee against available and relevant threat information 
     provided by the Federal Bureau of Investigation and other 
     appropriate agencies; and
       (3) in consultation with the Federal Bureau of 
     Investigation or other appropriate Federal entity, conducted 
     an assessment of any risk of cyber-espionage or sabotage 
     associated with the acquisition of such telecommunications 
     equipment for inclusion in a high or moderate impact system, 
     including any risk associated with such system being 
     produced, manufactured, or assembled by one or more entities 
     identified by the United States Government as posing a cyber 
     threat, including but not limited to, those that may be 
     owned, directed, or subsidized by the People's Republic of 
     China, the Islamic Republic of Iran, the Democratic People's 
     Republic of Korea, or the Russian Federation.
       (b) None of the funds appropriated or otherwise made 
     available under this Act may be used to acquire a high or 
     moderate impact information system reviewed and assessed 
     under subsection (a) unless the head of the assessing entity 
     described in subsection (a) has--
       (1) developed, in consultation with NIST and supply chain 
     risk management experts, a mitigation strategy for any 
     identified risks;
       (2) determined, in consultation with NIST and the Federal 
     Bureau of Investigation, that the acquisition of such 
     telecommunications equipment for inclusion in a high or 
     moderate impact system is in the vital national security 
     interest of the United States; and
       (3) reported that determination to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in a manner that identifies the telecommunications equipment 
     for inclusion in a high or moderate impact system intended 
     for acquisition and a detailed description of the mitigation 
     strategies identified in paragraph (1), provided that such 
     report may include a classified annex as necessary.

              prohibition on certain operational expenses

       Sec. 209. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities or 
     other official government activities.

                        plastic waste reduction

       Sec. 210.  All agencies and offices funded by this division 
     that contract with a food service provider or providers shall 
     confer and coordinate with such food service provider or 
     providers, in consultation with disability advocacy groups, 
     to eliminate or reduce plastic waste, including waste from 
     plastic straws, explore the

[[Page H7450]]

     use of biodegradable items, and increase recycling and 
     composting opportunities.

     joint congressional committee on inaugural ceremonies of 2021

       Sec. 211.  There is hereby appropriated $2,000,000, for the 
     same purposes and under the same authorities and conditions 
     as amounts made available under the heading ``Joint Items--
     Joint Congressional Committee on Inaugural Ceremonies of 
     2021'' in division E of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94).

                   capitol complex health and safety

       Sec. 212.  In addition to the amounts appropriated under 
     this Act under the heading ``Office of the Attending 
     Physician'', there is hereby appropriated to the Office of 
     the Attending Physician $5,000,000, to remain available until 
     expended, for response to COVID-19, including testing, 
     subject to the same terms and conditions as the amounts 
     appropriated under such heading.

        government accountability office supplemental oversight

       Sec. 213.  For an additional amount for ``Salaries and 
     Expenses'', $10,000,000, to remain available until expended, 
     to prevent, prepare for, and respond to coronavirus, which 
     shall be for audits and investigations, as authorized by this 
     title:  Provided, That not later than 90 days after the date 
     of enactment of this Act, the Government Accountability 
     Office shall submit to the Committees on Appropriations of 
     the House of Representatives and the Senate a spend plan 
     specifying funding estimates and a timeline for such audits 
     and investigations:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       This division may be cited as the ``Legislative Branch 
     Appropriations Act, 2021''.

   DIVISION J--MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2021

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation, and for construction and 
     operation of facilities in support of the functions of the 
     Commander in Chief, $628,900,000, to remain available until 
     September 30, 2025:  Provided, That, of this amount, not to 
     exceed $147,000,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of the 
     Army determines that additional obligations are necessary for 
     such purposes and notifies the Committees on Appropriations 
     of both Houses of Congress of the determination and the 
     reasons therefor.

              Military Construction, Navy and Marine Corps

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $1,716,144,000, to remain available until September 30, 2025: 
      Provided, That, of this amount, not to exceed $261,710,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of the Navy determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $616,156,000, to remain 
     available until September 30, 2025:  Provided, That, of this 
     amount, not to exceed $212,556,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of the Air Force 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

                  Military Construction, Defense-Wide

                     (including transfer of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $2,041,909,000, 
     to remain available until September 30, 2025:  Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred:  Provided further, That, of the 
     amount, not to exceed $162,076,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

               Military Construction, Army National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $349,437,000, to remain available until September 30, 2025:  
     Provided, That, of the amount, not to exceed $44,593,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Director of the Army National Guard determines that 
     additional obligations are necessary for such purposes and 
     notifies the Committees on Appropriations of both Houses of 
     Congress of the determination and the reasons therefor.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $64,214,000, to remain available until September 30, 2025:  
     Provided, That, of the amount, not to exceed $3,414,000 shall 
     be available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Director 
     of the Air National Guard determines that additional 
     obligations are necessary for such purposes and notifies the 
     Committees on Appropriations of both Houses of Congress of 
     the determination and the reasons therefor.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $88,337,000, to remain 
     available until September 30, 2025:  Provided, That, of the 
     amount, not to exceed $1,218,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Chief of the Army Reserve 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

                  Military Construction, Navy Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $70,995,000, to remain available until September 30, 
     2025:  Provided, That, of the amount, not to exceed 
     $3,485,000 shall be available for study, planning, design, 
     and architect and engineer services, as authorized by law, 
     unless the Secretary of the Navy determines that additional 
     obligations are necessary for such purposes and notifies the 
     Committees on Appropriations of both Houses of Congress of 
     the determination and the reasons therefor.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $23,117,000, to remain 
     available until September 30, 2025:  Provided, That, of the 
     amount, not to exceed $3,270,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Chief of the Air Force 
     Reserve determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                   North Atlantic Treaty Organization

                      Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $173,030,000, to remain available until 
     expended.

               Department of Defense Base Closure Account

       For deposit into the Department of Defense Base Closure 
     Account, established by section 2906(a) of the Defense Base 
     Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
     $480,447,000, to remain available until expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $119,400,000, to remain available until September 30, 2025.

             Family Housing Operation and Maintenance, Army

       For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $352,342,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including

[[Page H7451]]

     acquisition, replacement, addition, expansion, extension, and 
     alteration, as authorized by law, $42,897,000, to remain 
     available until September 30, 2025.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $346,493,000.

                 Family Housing Construction, Air Force

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $97,214,000, to remain available until September 30, 2025.

          Family Housing Operation and Maintenance, Air Force

       For expenses of family housing for the Air Force for 
     operation and maintenance, including debt payment, leasing, 
     minor construction, principal and interest charges, and 
     insurance premiums, as authorized by law, $317,021,000.

         Family Housing Operation and Maintenance, Defense-Wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $54,728,000.

                         Department of Defense

                    Family Housing Improvement Fund

       For the Department of Defense Family Housing Improvement 
     Fund, $5,897,000, to remain available until expended, for 
     family housing initiatives undertaken pursuant to section 
     2883 of title 10, United States Code, providing alternative 
     means of acquiring and improving military family housing and 
     supporting facilities.

                         Department of Defense

            Military Unaccompanied Housing Improvement Fund

       For the Department of Defense Military Unaccompanied 
     Housing Improvement Fund, $600,000, to remain available until 
     expended, for unaccompanied housing initiatives undertaken 
     pursuant to section 2883 of title 10, United States Code, 
     providing alternative means of acquiring and improving 
     military unaccompanied housing and supporting facilities.

                       Administrative Provisions

       Sec. 101.  None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       Sec. 102.  Funds made available in this title for 
     construction shall be available for hire of passenger motor 
     vehicles.
       Sec. 103.  Funds made available in this title for 
     construction may be used for advances to the Federal Highway 
     Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized 
     therein are certified as important to the national defense by 
     the Secretary of Defense.
       Sec. 104.  None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       Sec. 105.  None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination of value 
     by a Federal court; (2) purchases negotiated by the Attorney 
     General or the designee of the Attorney General; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       Sec. 106.  None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual Acts making appropriations for military construction.
       Sec. 107.  None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 108.  None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       Sec. 109.  None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       Sec. 110.  None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       Sec. 111.  None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any North Atlantic Treaty 
     Organization member country, or in countries bordering the 
     Arabian Gulf, unless such contracts are awarded to United 
     States firms or United States firms in joint venture with 
     host nation firms.
       Sec. 112.  None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Gulf, may be used to award 
     any contract estimated by the Government to exceed $1,000,000 
     to a foreign contractor:  Provided, That this section shall 
     not be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent:  Provided 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113.  The Secretary of Defense shall inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of plans and scope of any 
     proposed military exercise involving United States personnel 
     30 days prior to its occurring, if amounts expended for 
     construction, either temporary or permanent, are anticipated 
     to exceed $100,000.
       Sec. 114.  Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 115.  For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 116.  Notwithstanding any other provision of law, any 
     funds made available to a military department or defense 
     agency for the construction of military projects may be 
     obligated for a military construction project or contract, or 
     for any portion of such a project or contract, at any time 
     before the end of the fourth fiscal year after the fiscal 
     year for which funds for such project were made available, if 
     the funds obligated for such project: (1) are obligated from 
     funds available for military construction projects; and (2) 
     do not exceed the amount appropriated for such project, plus 
     any amount by which the cost of such project is increased 
     pursuant to law.

                     (including transfer of funds)

       Sec. 117.  Subject to 30 days prior notification, or 14 
     days for a notification provided in an electronic medium 
     pursuant to sections 480 and 2883 of title 10, United States 
     Code, to the Committees on Appropriations of both Houses of 
     Congress, such additional amounts as may be determined by the 
     Secretary of Defense may be transferred to: (1) the 
     Department of Defense Family Housing Improvement Fund from 
     amounts appropriated for construction in ``Family Housing'' 
     accounts, to be merged with and to be available for the same 
     purposes and for the same period of time as amounts 
     appropriated directly to the Fund; or (2) the Department of 
     Defense Military Unaccompanied Housing Improvement Fund from 
     amounts appropriated for construction of military 
     unaccompanied housing in ``Military Construction'' accounts, 
     to be merged with and to be available for the same purposes 
     and for the same period of time as amounts appropriated 
     directly to the Fund:  Provided, That appropriations made 
     available to the Funds shall be available to cover the costs, 
     as defined in section 502(5) of the Congressional Budget Act 
     of 1974, of direct loans or loan guarantees issued by the 
     Department of Defense pursuant to the provisions of 
     subchapter IV of chapter 169 of title 10, United States Code, 
     pertaining to alternative means of acquiring and improving 
     military family housing, military unaccompanied housing, and 
     supporting facilities.

                     (including transfer of funds)

       Sec. 118.  In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the Department of Defense Base Closure 
     Account to the fund established by section 1013(d) of the 
     Demonstration Cities and Metropolitan Development Act of 1966 
     (42 U.S.C. 3374) to pay for expenses associated with the 
     Homeowners Assistance Program incurred under 42 U.S.C. 
     3374(a)(1)(A). Any amounts transferred shall be merged with 
     and be available for the same purposes and for the same time 
     period as the fund to which transferred.
       Sec. 119.  Notwithstanding any other provision of law, 
     funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters:  Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification, or 14 days for a 
     notification provided in an electronic medium pursuant to 
     sections 480 and 2883 of title 10, United States Code, to the 
     Committees on Appropriations of both Houses of Congress, 
     except that an after-the-fact notification shall be submitted 
     if the limitation is exceeded solely due to costs associated 
     with environmental remediation that could not be reasonably 
     anticipated at the time of the budget submission:  Provided 
     further, That the Under Secretary of Defense (Comptroller) is 
     to report annually to the Committees on Appropriations of 
     both Houses of Congress all operation and maintenance 
     expenditures for each individual general or flag officer 
     quarters for the prior fiscal year.
       Sec. 120.  Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until

[[Page H7452]]

     transferred pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

       Sec. 121.  During the 5-year period after appropriations 
     available in this Act to the Department of Defense for 
     military construction and family housing operation and 
     maintenance and construction have expired for obligation, 
     upon a determination that such appropriations will not be 
     necessary for the liquidation of obligations or for making 
     authorized adjustments to such appropriations for obligations 
     incurred during the period of availability of such 
     appropriations, unobligated balances of such appropriations 
     may be transferred into the appropriation ``Foreign Currency 
     Fluctuations, Construction, Defense'', to be merged with and 
     to be available for the same time period and for the same 
     purposes as the appropriation to which transferred.

                     (including transfer of funds)

       Sec. 122.  Amounts appropriated or otherwise made available 
     in an account funded under the headings in this title may be 
     transferred among projects and activities within the account 
     in accordance with the reprogramming guidelines for military 
     construction and family housing construction contained in 
     Department of Defense Financial Management Regulation 
     7000.14-R, Volume 3, Chapter 7, of March 2011, as in effect 
     on the date of enactment of this Act.
       Sec. 123.  None of the funds made available in this title 
     may be obligated or expended for planning and design and 
     construction of projects at Arlington National Cemetery.
       Sec. 124.  For an additional amount for the accounts and in 
     the amounts specified, to remain available until September 
     30, 2025:
       ``Military Construction, Army'', $233,000,000;
       ``Military Construction, Navy and Marine Corps'', 
     $73,100,000;
       ``Military Construction, Air Force'', $60,000,000;
       ``Military Construction, Army National Guard'', 
     $49,835,000;
       ``Military Construction, Air National Guard'', $29,500,000; 
     and
       ``Military Construction, Air Force Reserve'', $25,000,000:
       Provided, That such funds may only be obligated to carry 
     out construction projects identified in the respective 
     military department's unfunded priority list for fiscal year 
     2021 submitted to Congress:  Provided further, That such 
     projects are subject to authorization prior to obligation and 
     expenditure of funds to carry out construction:  Provided 
     further, That not later than 30 days after enactment of this 
     Act, the Secretary of the military department concerned, or 
     his or her designee, shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this section.
       Sec. 125.  All amounts appropriated to the ``Department of 
     Defense--Military Construction, Army'', ``Department of 
     Defense--Military Construction, Navy and Marine Corps'', 
     ``Department of Defense--Military Construction, Air Force'', 
     and ``Department of Defense--Military Construction, Defense-
     Wide'' accounts pursuant to the authorization of 
     appropriations in a National Defense Authorization Act 
     specified for fiscal year 2021 in the funding table in 
     section 4601 of that Act shall be immediately available and 
     allotted to contract for the full scope of authorized 
     projects.

                         (rescissions of funds)

       Sec. 126.  Of the unobligated balances available to the 
     Department of Defense from prior appropriation Acts, the 
     following funds are hereby rescinded from the following 
     accounts in the amounts specified:
       ``Military Construction, Navy and Marine Corps'', 
     $48,000,000;
       ``Military Construction, Air Force'', $9,975,000;
       ``Military Construction, Defense-Wide'', $29,838,000; and
       ``Department of Defense Base Closure Account'', 
     $50,000,000:
       Provided, That no amounts may be rescinded from amounts 
     that were designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism or as an emergency 
     requirement pursuant to a concurrent resolution on the budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       Sec. 127.  For the purposes of this Act, the term 
     ``congressional defense committees'' means the Committees on 
     Armed Services of the House of Representatives and the 
     Senate, the Subcommittee on Military Construction and 
     Veterans Affairs of the Committee on Appropriations of the 
     Senate, and the Subcommittee on Military Construction and 
     Veterans Affairs of the Committee on Appropriations of the 
     House of Representatives.
       Sec. 128.  For an additional amount for the accounts and in 
     the amounts specified, to remain available until September 
     30, 2023:
       ``Military Construction, Army'', $48,000,000;
       ``Military Construction, Navy and Marine Corps'', 
     $37,700,000;
       ``Military Construction, Air Force'', $75,700,000; and
       ``Family Housing Construction, Army'', $4,500,000:
       Provided, That such funds may only be obligated to carry 
     out construction projects identified in the respective 
     military department's cost to complete projects list of 
     previously appropriated projects submitted to Congress:  
     Provided further, That such projects are subject to 
     authorization prior to obligation and expenditure of funds to 
     carry out construction:  Provided further, That not later 
     than 30 days after enactment of this Act, the Secretary of 
     the military department concerned, or his or her designee, 
     shall submit to the Committees on Appropriations of both 
     Houses of Congress an expenditure plan for funds provided 
     under this section.
       Sec. 129.  For an additional amount for the accounts and in 
     the amounts specified, to remain available until September 
     30, 2023:
       ``Family Housing Operation and Maintenance, Army'', 
     $20,000,000;
       ``Family Housing Operation and Maintenance, Navy and Marine 
     Corps'', $20,000,000; and
       ``Family Housing Operation and Maintenance, Air Force'', 
     $20,000,000.
       Sec. 130.  None of the funds made available by this Act may 
     be used to carry out the closure or realignment of the United 
     States Naval Station, Guantanamo Bay, Cuba.
       Sec. 131.  Notwithstanding any other provision of law, none 
     of the funds appropriated or otherwise made available by this 
     or any other Act may be used to consolidate or relocate any 
     element of a United States Air Force Rapid Engineer 
     Deployable Heavy Operational Repair Squadron Engineer (RED 
     HORSE) outside of the United States until the Secretary of 
     the Air Force: (1) completes an analysis and comparison of 
     the cost and infrastructure investment required to 
     consolidate or relocate a RED HORSE squadron outside of the 
     United States versus within the United States; (2) provides 
     to the Committees on Appropriations of both Houses of 
     Congress (``the Committees'') a report detailing the findings 
     of the cost analysis; and (3) certifies in writing to the 
     Committees that the preferred site for the consolidation or 
     relocation yields the greatest savings for the Air Force:  
     Provided, That the term ``United States'' in this section 
     does not include any territory or possession of the United 
     States.
       Sec. 132.  For an additional amount for the accounts and in 
     the amounts specified for planning and design, for improving 
     military installation resilience, to remain available until 
     September 30, 2025:
       ``Military Construction, Army'', $4,000,000;
       ``Military Construction, Navy and Marine Corps'', 
     $7,000,000; and
       ``Military Construction, Air Force'', $4,000,000:
       Provided, That not later than 60 days after enactment of 
     this Act, the Secretary of the military department concerned, 
     or his or her designee, shall submit to the Committees on 
     Appropriations of both Houses of Congress an expenditure plan 
     for funds provided under this section:  Provided further, 
     That the Secretary of the military department concerned may 
     not obligate or expend any funds prior to approval by the 
     Committees on Appropriations of both Houses of Congress of 
     the expenditure plan required by this section.
       Sec. 133.  For an additional amount for ``Military 
     Construction, Navy and Marine Corps'', $32,200,000, to remain 
     available until September 30, 2025, for child development 
     center construction:  Provided, That projects funded using 
     amounts available under this section are subject to 
     authorization prior to obligation and expenditure of funds to 
     carry out construction:  Provided further, That amounts made 
     available under this section may not be obligated or expended 
     until the Secretary of the Navy submits to the Committees on 
     Appropriations of both Houses of Congress a detailed 
     expenditure plan not later than 30 days after enactment of 
     this Act.
       Sec. 134.  Of the unobligated balances available from prior 
     appropriations Acts under the heading ``Department of 
     Defense--Military Construction, Defense-Wide'', $131,000,000 
     is hereby rescinded, and in addition to amounts otherwise 
     provided for this fiscal year, an amount of additional new 
     budget authority equivalent to the amount rescinded pursuant 
     to this section is hereby appropriated, to remain available 
     until September 30, 2025, and shall be available for the same 
     purposes and under the same authorities as provided under 
     such heading:  Provided, That no amounts may be rescinded 
     from amounts that were designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism or as 
     an emergency requirement pursuant to a concurrent resolution 
     on the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That projects funded 
     using amounts available under this section are subject to 
     authorization prior to obligation and expenditure of funds to 
     carry out construction:  Provided further, That amounts made 
     available under this section may not be obligated or expended 
     until the Secretary of Defense, or his or her designee, 
     submits to the Committees on Appropriations of both Houses of 
     Congress a detailed expenditure plan not later than 30 days 
     after enactment of this Act.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by section 107 and chapters 11, 13, 18, 51, 53, 
     55, and 61 of title 38, United States Code; pension benefits 
     to or on behalf of veterans as authorized by chapters 15, 51, 
     53, 55, and 61 of title 38, United States Code; and burial 
     benefits, the Reinstated Entitlement Program for Survivors, 
     emergency and other officers' retirement pay, adjusted-
     service credits and certificates, payment of premiums due on 
     commercial life insurance policies guaranteed under the 
     provisions of title IV of the Servicemembers Civil Relief Act 
     (50 U.S.C. App. 541 et seq.) and for other benefits as 
     authorized by sections 107, 1312, 1977, and 2106, and 
     chapters 23, 51, 53, 55, and 61 of title 38, United States 
     Code, $6,110,251,552, which shall be in addition to funds 
     previously appropriated under this heading that became 
     available on October 1, 2020, to remain available until 
     expended; and, in addition, $130,227,650,000, which shall 
     become available on October 1, 2021, to remain available 
     until expended:  Provided, That not to exceed $20,115,000 of 
     the amount

[[Page H7453]]

     made available for fiscal year 2022 under this heading shall 
     be reimbursed to ``General Operating Expenses, Veterans 
     Benefits Administration'', and ``Information Technology 
     Systems'' for necessary expenses in implementing the 
     provisions of chapters 51, 53, and 55 of title 38, United 
     States Code, the funding source for which is specifically 
     provided as the ``Compensation and Pensions'' appropriation:  
     Provided further, That such sums as may be earned on an 
     actual qualifying patient basis, shall be reimbursed to 
     ``Medical Care Collections Fund'' to augment the funding of 
     individual medical facilities for nursing home care provided 
     to pensioners as authorized:  Provided further, That funds 
     recovered (including refunds and reimbursable activity) from 
     fiscal year 2020 obligations and disbursements made with 
     funds that became available on October 1, 2019, as provided 
     under this heading in title II of division C of Public Law 
     115-244, shall be available until expended.

                         readjustment benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by chapters 21, 30, 
     31, 33, 34, 35, 36, 39, 41, 51, 53, 55, and 61 of title 38, 
     United States Code, $14,946,618,000, which shall become 
     available on October 1, 2021, to remain available until 
     expended:  Provided, That expenses for rehabilitation program 
     services and assistance which the Secretary is authorized to 
     provide under subsection (a) of section 3104 of title 38, 
     United States Code, other than under paragraphs (1), (2), 
     (5), and (11) of that subsection, shall be charged to this 
     account.

                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by chapters 19 and 21 of title 38, United States 
     Code, $2,148,000, which shall be in addition to funds 
     previously appropriated under this heading that became 
     available on October 1, 2020, to remain available until 
     expended; and, in addition, $136,950,000, which shall become 
     available on October 1, 2021, to remain available until 
     expended.

                 veterans housing benefit program fund

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     subchapters I through III of chapter 37 of title 38, United 
     States Code:  Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974:  Provided further, 
     That, during fiscal year 2021, within the resources 
     available, not to exceed $500,000 in gross obligations for 
     direct loans are authorized for specially adapted housing 
     loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $204,400,000.

            vocational rehabilitation loans program account

       For the cost of direct loans, $33,826, as authorized by 
     chapter 31 of title 38, United States Code:  Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974:  Provided further, That funds made available under 
     this heading are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $2,469,522.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $424,272, which may be paid to 
     the appropriation for ``General Operating Expenses, Veterans 
     Benefits Administration''.

          native american veteran housing loan program account

       For administrative expenses to carry out the direct loan 
     program authorized by subchapter V of chapter 37 of title 38, 
     United States Code, $1,186,000.

      general operating expenses, veterans benefits administration

       For necessary operating expenses of the Veterans Benefits 
     Administration, not otherwise provided for, including hire of 
     passenger motor vehicles, reimbursement of the General 
     Services Administration for security guard services, and 
     reimbursement of the Department of Defense for the cost of 
     overseas employee mail, $3,180,000,000:  Provided, That 
     expenses for services and assistance authorized under 
     paragraphs (1), (2), (5), and (11) of section 3104(a) of 
     title 38, United States Code, that the Secretary of Veterans 
     Affairs determines are necessary to enable entitled veterans: 
     (1) to the maximum extent feasible, to become employable and 
     to obtain and maintain suitable employment; or (2) to achieve 
     maximum independence in daily living, shall be charged to 
     this account:  Provided further, That, of the funds made 
     available under this heading, not to exceed 10 percent shall 
     remain available until September 30, 2022.

                     Veterans Health Administration

                            medical services

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment, bioengineering services, food 
     services, and salaries and expenses of healthcare employees 
     hired under title 38, United States Code, assistance and 
     support services for caregivers as authorized by section 
     1720G of title 38, United States Code, loan repayments 
     authorized by section 604 of the Caregivers and Veterans 
     Omnibus Health Services Act of 2010 (Public Law 111-163; 124 
     Stat. 1174; 38 U.S.C. 7681 note), monthly assistance 
     allowances authorized by section 322(d) of title 38, United 
     States Code, grants authorized by section 521A of title 38, 
     United States Code, and administrative expenses necessary to 
     carry out sections 322(d) and 521A of title 38, United States 
     Code, and hospital care and medical services authorized by 
     section 1787 of title 38, United States Code; $497,468,000, 
     which shall be in addition to funds previously appropriated 
     under this heading that became available on October 1, 2020; 
     and, in addition, $58,897,219,000, plus reimbursements, shall 
     become available on October 1, 2021, and shall remain 
     available until September 30, 2022:  Provided, That, of the 
     amount made available on October 1, 2021, under this heading, 
     $1,500,000,000 shall remain available until September 30, 
     2023:  Provided further, That, notwithstanding any other 
     provision of law, the Secretary of Veterans Affairs shall 
     establish a priority for the provision of medical treatment 
     for veterans who have service-connected disabilities, lower 
     income, or have special needs:  Provided further, That, 
     notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs shall give priority funding for the 
     provision of basic medical benefits to veterans in enrollment 
     priority groups 1 through 6:  Provided further, That, 
     notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs may authorize the dispensing of prescription 
     drugs from Veterans Health Administration facilities to 
     enrolled veterans with privately written prescriptions based 
     on requirements established by the Secretary:  Provided 
     further, That the implementation of the program described in 
     the previous proviso shall incur no additional cost to the 
     Department of Veterans Affairs:  Provided further, That the 
     Secretary of Veterans Affairs shall ensure that sufficient 
     amounts appropriated under this heading for medical supplies 
     and equipment are available for the acquisition of 
     prosthetics designed specifically for female veterans.

                         medical community care

       For necessary expenses for furnishing health care to 
     individuals pursuant to chapter 17 of title 38, United States 
     Code, at non-Department facilities, $1,380,800,000, which 
     shall be in addition to funds previously appropriated under 
     this heading that became available on October 1, 2020; and, 
     in addition, $20,148,244,000, plus reimbursements, shall 
     become available on October 1, 2021, and shall remain 
     available until September 30, 2022:  Provided, That, of the 
     amount made available on October 1, 2021, under this heading, 
     $2,000,000,000 shall remain available until September 30, 
     2023.

                     medical support and compliance

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; and administrative and legal expenses of the 
     Department for collecting and recovering amounts owed the 
     Department as authorized under chapter 17 of title 38, United 
     States Code, and the Federal Medical Care Recovery Act (42 
     U.S.C. 2651 et seq.), $300,000,000, which shall be in 
     addition to funds previously appropriated under this heading 
     that became available on October 1, 2020; and, in addition, 
     $8,403,117,000, plus reimbursements, shall become available 
     on October 1, 2021, and shall remain available until 
     September 30, 2022:  Provided, That, of the amount made 
     available on October 1, 2021, under this heading, 
     $200,000,000 shall remain available until September 30, 2023.

                           medical facilities

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, domiciliary facilities, and other 
     necessary facilities of the Veterans Health Administration; 
     for administrative expenses in support of planning, design, 
     project management, real property acquisition and 
     disposition, construction, and renovation of any facility 
     under the jurisdiction or for the use of the Department; for 
     oversight, engineering, and architectural activities not 
     charged to project costs; for repairing, altering, improving, 
     or providing facilities in the several hospitals and homes 
     under the jurisdiction of the Department, not otherwise 
     provided for, either by contract or by the hire of temporary 
     employees and purchase of materials; for leases of 
     facilities; and for laundry services; $150,000,000, which 
     shall be in addition to funds previously appropriated under 
     this heading that became available on October 1, 2020; and, 
     in addition, $6,734,680,000, plus reimbursements, shall 
     become available on October 1, 2021, and shall remain 
     available until September 30, 2022:  Provided, That, of the 
     amount made available on October 1, 2021, under this heading, 
     $350,000,000 shall remain available until September 30, 2023.

                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code, $815,000,000, 
     plus reimbursements, shall remain available until September 
     30, 2022:  Provided, That the Secretary of Veterans Affairs 
     shall ensure that sufficient amounts appropriated under this 
     heading are available for prosthetic research specifically 
     for female veterans, and for toxic exposure research.

                    National Cemetery Administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; 
     hire of passenger motor vehicles; and repair, alteration or 
     improvement of facilities under the jurisdiction of the 
     National Cemetery

[[Page H7454]]

     Administration, $352,000,000, of which not to exceed 10 
     percent shall remain available until September 30, 2022.

                      Departmental Administration

                         general administration

                     (including transfer of funds)

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of Department-wide capital 
     planning, management and policy activities, uniforms, or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, $365,911,000, of 
     which not to exceed 10 percent shall remain available until 
     September 30, 2022:  Provided, That funds provided under this 
     heading may be transferred to ``General Operating Expenses, 
     Veterans Benefits Administration''.

                       board of veterans appeals

       For necessary operating expenses of the Board of Veterans 
     Appeals, $196,000,000, of which not to exceed 10 percent 
     shall remain available until September 30, 2022.

                     information technology systems

                     (including transfer of funds)

       For necessary expenses for information technology systems 
     and telecommunications support, including developmental 
     information systems and operational information systems; for 
     pay and associated costs; and for the capital asset 
     acquisition of information technology systems, including 
     management and related contractual costs of said 
     acquisitions, including contractual costs associated with 
     operations authorized by section 3109 of title 5, United 
     States Code, $4,912,000,000, plus reimbursements:  Provided, 
     That $1,211,238,000 shall be for pay and associated costs, of 
     which not to exceed 3 percent shall remain available until 
     September 30, 2022:  Provided further, That $3,205,216,000 
     shall be for operations and maintenance, of which not to 
     exceed 5 percent shall remain available until September 30, 
     2022:  Provided further, That $495,546,000 shall be for 
     information technology systems development, and shall remain 
     available until September 30, 2022:  Provided further, That 
     amounts made available for salaries and expenses, operations 
     and maintenance, and information technology systems 
     development may be transferred among the three subaccounts 
     after the Secretary of Veterans Affairs requests from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and an approval is issued:  
     Provided further, That amounts made available for the 
     ``Information Technology Systems'' account for development 
     may be transferred among projects or to newly defined 
     projects:  Provided further, That no project may be increased 
     or decreased by more than $1,000,000 of cost prior to 
     submitting a request to the Committees on Appropriations of 
     both Houses of Congress to make the transfer and an approval 
     is issued, or absent a response, a period of 30 days has 
     elapsed:  Provided further, That the funds made available 
     under this heading for information technology systems 
     development shall be for the projects, and in the amounts, 
     specified under this heading in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act).

                   veterans electronic health record

       For activities related to implementation, preparation, 
     development, interface, management, rollout, and maintenance 
     of a Veterans Electronic Health Record system, including 
     contractual costs associated with operations authorized by 
     section 3109 of title 5, United States Code, and salaries and 
     expenses of employees hired under titles 5 and 38, United 
     States Code, $2,627,000,000, to remain available until 
     September 30, 2023:  Provided, That the Secretary of Veterans 
     Affairs shall submit to the Committees on Appropriations of 
     both Houses of Congress quarterly reports detailing 
     obligations, expenditures, and deployment implementation by 
     facility, including any changes from the deployment plan or 
     schedule:  Provided further, That the funds provided in this 
     account shall only be available to the Office of the Deputy 
     Secretary, to be administered by that Office:  Provided 
     further, That 25 percent of the funds made available under 
     this heading shall not be available until July 1, 2021, and 
     are contingent upon the Secretary of Veterans Affairs 
     providing a certification within 7 days prior to that date to 
     the Committees on Appropriations of any changes to the 
     deployment schedules.

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     to include information technology, in carrying out the 
     provisions of the Inspector General Act of 1978 (5 U.S.C. 
     App.), $228,000,000, of which not to exceed 10 percent shall 
     remain available until September 30, 2022.

                      construction, major projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406 and chapter 81 of title 38, United States 
     Code, not otherwise provided for, including planning, 
     architectural and engineering services, construction 
     management services, maintenance or guarantee period services 
     costs associated with equipment guarantees provided under the 
     project, services of claims analysts, offsite utility and 
     storm drainage system construction costs, and site 
     acquisition, where the estimated cost of a project is more 
     than the amount set forth in section 8104(a)(3)(A) of title 
     38, United States Code, or where funds for a project were 
     made available in a previous major project appropriation, 
     $1,316,000,000, of which $980,638,000 shall remain available 
     until September 30, 2025, and of which $335,362,000 shall 
     remain available until expended, of which $180,198,000 shall 
     be available for seismic improvement projects and seismic 
     program management activities, including for projects that 
     would otherwise be funded by the Construction, Minor 
     Projects, Medical Facilities or National Cemetery 
     Administration accounts:  Provided, That except for advance 
     planning activities, including needs assessments which may or 
     may not lead to capital investments, and other capital asset 
     management related activities, including portfolio 
     development and management activities, and investment 
     strategy studies funded through the advance planning fund and 
     the planning and design activities funded through the design 
     fund, including needs assessments which may or may not lead 
     to capital investments, and funds provided for the purchase, 
     security, and maintenance of land for the National Cemetery 
     Administration through the land acquisition line item, none 
     of the funds made available under this heading shall be used 
     for any project that has not been notified to Congress 
     through the budgetary process or that has not been approved 
     by the Congress through statute, joint resolution, or in the 
     explanatory statement accompanying such Act and presented to 
     the President at the time of enrollment:  Provided further, 
     That such sums as may be necessary shall be available to 
     reimburse the ``General Administration'' account for payment 
     of salaries and expenses of all Office of Construction and 
     Facilities Management employees to support the full range of 
     capital infrastructure services provided, including minor 
     construction and leasing services:  Provided further, That 
     funds made available under this heading for fiscal year 2021, 
     for each approved project shall be obligated: (1) by the 
     awarding of a construction documents contract by September 
     30, 2021; and (2) by the awarding of a construction contract 
     by September 30, 2022:  Provided further, That the Secretary 
     of Veterans Affairs shall promptly submit to the Committees 
     on Appropriations of both Houses of Congress a written report 
     on any approved major construction project for which 
     obligations are not incurred within the time limitations 
     established above:  Provided further, That notwithstanding 
     the requirements of section 8104(a) of title 38, United 
     States Code, amounts made available under this heading for 
     seismic improvement projects and seismic program management 
     activities shall be available for the completion of both new 
     and existing seismic projects of the Department.

                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities, including parking projects, under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406 and chapter 81 of title 38, United 
     States Code, not otherwise provided for, where the estimated 
     cost of a project is equal to or less than the amount set 
     forth in section 8104(a)(3)(A) of title 38, United States 
     Code, $390,000,000, to remain available until September 30, 
     2025, along with unobligated balances of previous 
     ``Construction, Minor Projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in such 
     section:  Provided, That funds made available under this 
     heading shall be for: (1) repairs to any of the nonmedical 
     facilities under the jurisdiction or for the use of the 
     Department which are necessary because of loss or damage 
     caused by any natural disaster or catastrophe; and (2) 
     temporary measures necessary to prevent or to minimize 
     further loss by such causes.

       grants for construction of state extended care facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify, or alter existing hospital, nursing home, and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by sections 8131 through 8137 of title 
     38, United States Code, $90,000,000, to remain available 
     until expended.

             grants for construction of veterans cemeteries

       For grants to assist States and tribal organizations in 
     establishing, expanding, or improving veterans cemeteries as 
     authorized by section 2408 of title 38, United States Code, 
     $45,000,000, to remain available until expended.

                       Administrative Provisions

                     (including transfer of funds)

       Sec. 201.  Any appropriation for fiscal year 2021 for 
     ``Compensation and Pensions'', ``Readjustment Benefits'', and 
     ``Veterans Insurance and Indemnities'' may be transferred as 
     necessary to any other of the mentioned appropriations:  
     Provided, That, before a transfer may take place, the 
     Secretary of Veterans Affairs shall request from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and such Committees issue an 
     approval, or absent a response, a period of 30 days has 
     elapsed.

                     (including transfer of funds)

       Sec. 202.  Amounts made available for the Department of 
     Veterans Affairs for fiscal year 2021, in this or any other 
     Act, under the ``Medical Services'', ``Medical Community 
     Care'', ``Medical Support and Compliance'', and ``Medical 
     Facilities'' accounts may be transferred among the accounts:  
     Provided, That any transfers among the ``Medical Services'', 
     ``Medical Community Care'', and ``Medical Support and

[[Page H7455]]

     Compliance'' accounts of 1 percent or less of the total 
     amount appropriated to the account in this or any other Act 
     may take place subject to notification from the Secretary of 
     Veterans Affairs to the Committees on Appropriations of both 
     Houses of Congress of the amount and purpose of the transfer: 
      Provided further, That any transfers among the ``Medical 
     Services'', ``Medical Community Care'', and ``Medical Support 
     and Compliance'' accounts in excess of 1 percent, or 
     exceeding the cumulative 1 percent for the fiscal year, may 
     take place only after the Secretary requests from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and an approval is issued:  
     Provided further, That any transfers to or from the ``Medical 
     Facilities'' account may take place only after the Secretary 
     requests from the Committees on Appropriations of both Houses 
     of Congress the authority to make the transfer and an 
     approval is issued.
       Sec. 203.  Appropriations available in this title for 
     salaries and expenses shall be available for services 
     authorized by section 3109 of title 5, United States Code; 
     hire of passenger motor vehicles; lease of a facility or land 
     or both; and uniforms or allowances therefore, as authorized 
     by sections 5901 through 5902 of title 5, United States Code.
       Sec. 204.  No appropriations in this title (except the 
     appropriations for ``Construction, Major Projects'', and 
     ``Construction, Minor Projects'') shall be available for the 
     purchase of any site for or toward the construction of any 
     new hospital or home.
       Sec. 205.  No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled to such hospitalization or 
     examination under the laws providing such benefits to 
     veterans, and persons receiving such treatment under sections 
     7901 through 7904 of title 5, United States Code, or the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
     cost of such hospitalization or examination is made to the 
     ``Medical Services'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 206.  Appropriations available in this title for 
     ``Compensation and Pensions'', ``Readjustment Benefits'', and 
     ``Veterans Insurance and Indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2020.
       Sec. 207.  Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable only from ``Compensation and 
     Pensions''.

                     (including transfer of funds)

       Sec. 208.  Notwithstanding any other provision of law, 
     during fiscal year 2021, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund under 
     section 1920 of title 38, United States Code, the Veterans' 
     Special Life Insurance Fund under section 1923 of title 38, 
     United States Code, and the United States Government Life 
     Insurance Fund under section 1955 of title 38, United States 
     Code, reimburse the ``General Operating Expenses, Veterans 
     Benefits Administration'' and ``Information Technology 
     Systems'' accounts for the cost of administration of the 
     insurance programs financed through those accounts:  
     Provided, That reimbursement shall be made only from the 
     surplus earnings accumulated in such an insurance program 
     during fiscal year 2021 that are available for dividends in 
     that program after claims have been paid and actuarially 
     determined reserves have been set aside:  Provided further, 
     That if the cost of administration of such an insurance 
     program exceeds the amount of surplus earnings accumulated in 
     that program, reimbursement shall be made only to the extent 
     of such surplus earnings:  Provided further, That the 
     Secretary shall determine the cost of administration for 
     fiscal year 2021 which is properly allocable to the provision 
     of each such insurance program and to the provision of any 
     total disability income insurance included in that insurance 
     program.
       Sec. 209.  Amounts deducted from enhanced-use lease 
     proceeds to reimburse an account for expenses incurred by 
     that account during a prior fiscal year for providing 
     enhanced-use lease services, may be obligated during the 
     fiscal year in which the proceeds are received.

                     (including transfer of funds)

       Sec. 210.  Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management, 
     the Office of Employment Discrimination Complaint 
     Adjudication, and the Office of Diversity and Inclusion for 
     all services provided at rates which will recover actual 
     costs but not to exceed $60,096,000 for the Office of 
     Resolution Management, $6,100,000 for the Office of 
     Employment Discrimination Complaint Adjudication, and 
     $5,294,000 for the Office of Diversity and Inclusion:  
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs:  Provided further, 
     That amounts received shall be credited to the ``General 
     Administration'' and ``Information Technology Systems'' 
     accounts for use by the office that provided the service.
       Sec. 211.  No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title:  Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required:  Provided further, That any amounts so recovered 
     for care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.

                     (including transfer of funds)

       Sec. 212.  Notwithstanding any other provision of law, 
     proceeds or revenues derived from enhanced-use leasing 
     activities (including disposal) may be deposited into the 
     ``Construction, Major Projects'' and ``Construction, Minor 
     Projects'' accounts and be used for construction (including 
     site acquisition and disposition), alterations, and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, Major Projects'' and ``Construction, Minor 
     Projects''.
       Sec. 213.  Amounts made available under ``Medical 
     Services'' are available--
       (1) for furnishing recreational facilities, supplies, and 
     equipment; and
       (2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the Department.

                     (including transfer of funds)

       Sec. 214.  Such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, may be transferred to the ``Medical 
     Services'' and ``Medical Community Care'' accounts to remain 
     available until expended for the purposes of these accounts.
       Sec. 215.  The Secretary of Veterans Affairs may enter into 
     agreements with Federally Qualified Health Centers in the 
     State of Alaska and Indian tribes and tribal organizations 
     which are party to the Alaska Native Health Compact with the 
     Indian Health Service, to provide healthcare, including 
     behavioral health and dental care, to veterans in rural 
     Alaska. The Secretary shall require participating veterans 
     and facilities to comply with all appropriate rules and 
     regulations, as established by the Secretary. The term 
     ``rural Alaska'' shall mean those lands which are not within 
     the boundaries of the municipality of Anchorage or the 
     Fairbanks North Star Borough.

                     (including transfer of funds)

       Sec. 216.  Such sums as may be deposited to the Department 
     of Veterans Affairs Capital Asset Fund pursuant to section 
     8118 of title 38, United States Code, may be transferred to 
     the ``Construction, Major Projects'' and ``Construction, 
     Minor Projects'' accounts, to remain available until expended 
     for the purposes of these accounts.
       Sec. 217.  Not later than 30 days after the end of each 
     fiscal quarter, the Secretary of Veterans Affairs shall 
     submit to the Committees on Appropriations of both Houses of 
     Congress a report on the financial status of the Department 
     of Veterans Affairs for the preceding quarter:  Provided, 
     That, at a minimum, the report shall include the direction 
     contained in the paragraph entitled ``Quarterly reporting'', 
     under the heading ``General Administration'' in the joint 
     explanatory statement accompanying Public Law 114-223.

                     (including transfer of funds)

       Sec. 218.  Amounts made available under the ``Medical 
     Services'', ``Medical Community Care'', ``Medical Support and 
     Compliance'', ``Medical Facilities'', ``General Operating 
     Expenses, Veterans Benefits Administration'', ``Board of 
     Veterans Appeals'', ``General Administration'', and 
     ``National Cemetery Administration'' accounts for fiscal year 
     2021 may be transferred to or from the ``Information 
     Technology Systems'' account:  Provided, That such transfers 
     may not result in a more than 10 percent aggregate increase 
     in the total amount made available by this Act for the 
     ``Information Technology Systems'' account:  Provided 
     further, That, before a transfer may take place, the 
     Secretary of Veterans Affairs shall request from the 
     Committees on Appropriations of both Houses of Congress the 
     authority to make the transfer and an approval is issued.

                     (including transfer of funds)

       Sec. 219.  Of the amounts appropriated to the Department of 
     Veterans Affairs for fiscal year 2021 for ``Medical 
     Services'', ``Medical Community Care'', ``Medical Support and 
     Compliance'', ``Medical Facilities'', ``Construction, Minor 
     Projects'', and ``Information Technology Systems'', up to 
     $322,932,000, plus reimbursements, may be transferred to the 
     Joint Department of Defense--Department of Veterans Affairs 
     Medical Facility Demonstration Fund, established by section 
     1704 of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used 
     for operation of the facilities designated as combined 
     Federal medical facilities as described by section 706 of the 
     Duncan Hunter National Defense Authorization Act for Fiscal 
     Year 2009 (Public Law 110-417; 122 Stat. 4500):  Provided, 
     That additional funds may be transferred from accounts 
     designated in this section to the Joint Department of 
     Defense--Department of Veterans Affairs Medical Facility 
     Demonstration Fund upon written notification by the Secretary 
     of Veterans Affairs to the Committees on Appropriations of 
     both Houses of Congress:  Provided further, That section 220 
     of title II of division F of Public Law 116-94 is repealed.

                     (including transfer of funds)

       Sec. 220.  Of the amounts appropriated to the Department of 
     Veterans Affairs which become available on October 1, 2021, 
     for ``Medical Services'', ``Medical Community Care'', 
     ``Medical

[[Page H7456]]

     Support and Compliance'', and ``Medical Facilities'', up to 
     $327,126,000, plus reimbursements, may be transferred to the 
     Joint Department of Defense--Department of Veterans Affairs 
     Medical Facility Demonstration Fund, established by section 
     1704 of the National Defense Authorization Act for Fiscal 
     Year 2010 (Public Law 111-84; 123 Stat. 3571) and may be used 
     for operation of the facilities designated as combined 
     Federal medical facilities as described by section 706 of the 
     Duncan Hunter National Defense Authorization Act for Fiscal 
     Year 2009 (Public Law 110-417; 122 Stat. 4500):  Provided, 
     That additional funds may be transferred from accounts 
     designated in this section to the Joint Department of 
     Defense--Department of Veterans Affairs Medical Facility 
     Demonstration Fund upon written notification by the Secretary 
     of Veterans Affairs to the Committees on Appropriations of 
     both Houses of Congress.

                     (including transfer of funds)

       Sec. 221.  Such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, for healthcare provided at facilities 
     designated as combined Federal medical facilities as 
     described by section 706 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4500) shall also be available: (1) for 
     transfer to the Joint Department of Defense--Department of 
     Veterans Affairs Medical Facility Demonstration Fund, 
     established by section 1704 of the National Defense 
     Authorization Act for Fiscal Year 2010 (Public Law 111-84; 
     123 Stat. 3571); and (2) for operations of the facilities 
     designated as combined Federal medical facilities as 
     described by section 706 of the Duncan Hunter National 
     Defense Authorization Act for Fiscal Year 2009 (Public Law 
     110-417; 122 Stat. 4500):  Provided, That, notwithstanding 
     section 1704(b)(3) of the National Defense Authorization Act 
     for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2573), 
     amounts transferred to the Joint Department of Defense--
     Department of Veterans Affairs Medical Facility Demonstration 
     Fund shall remain available until expended.

                     (including transfer of funds)

       Sec. 222.  Of the amounts available in this title for 
     ``Medical Services'', ``Medical Community Care'', ``Medical 
     Support and Compliance'', and ``Medical Facilities'', a 
     minimum of $15,000,000 shall be transferred to the DOD-VA 
     Health Care Sharing Incentive Fund, as authorized by section 
     8111(d) of title 38, United States Code, to remain available 
     until expended, for any purpose authorized by section 8111 of 
     title 38, United States Code.
       Sec. 223.  None of the funds available to the Department of 
     Veterans Affairs, in this or any other Act, may be used to 
     replace the current system by which the Veterans Integrated 
     Service Networks select and contract for diabetes monitoring 
     supplies and equipment.
       Sec. 224.  The Secretary of Veterans Affairs shall notify 
     the Committees on Appropriations of both Houses of Congress 
     of all bid savings in a major construction project that total 
     at least $5,000,000, or 5 percent of the programmed amount of 
     the project, whichever is less:  Provided, That such 
     notification shall occur within 14 days of a contract 
     identifying the programmed amount:  Provided further, That 
     the Secretary shall notify the Committees on Appropriations 
     of both Houses of Congress 14 days prior to the obligation of 
     such bid savings and shall describe the anticipated use of 
     such savings.
       Sec. 225.  None of the funds made available for 
     ``Construction, Major Projects'' may be used for a project in 
     excess of the scope specified for that project in the 
     original justification data provided to the Congress as part 
     of the request for appropriations unless the Secretary of 
     Veterans Affairs receives approval from the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 226.  Not later than 30 days after the end of each 
     fiscal quarter, the Secretary of Veterans Affairs shall 
     submit to the Committees on Appropriations of both Houses of 
     Congress a quarterly report containing performance measures 
     and data from each Veterans Benefits Administration Regional 
     Office:  Provided, That, at a minimum, the report shall 
     include the direction contained in the section entitled 
     ``Disability claims backlog'', under the heading ``General 
     Operating Expenses, Veterans Benefits Administration'' in the 
     joint explanatory statement accompanying Public Law 114-223:  
     Provided further, That the report shall also include 
     information on the number of appeals pending at the Veterans 
     Benefits Administration as well as the Board of Veterans 
     Appeals on a quarterly basis.
       Sec. 227.  The Secretary of Veterans Affairs shall provide 
     written notification to the Committees on Appropriations of 
     both Houses of Congress 15 days prior to organizational 
     changes which result in the transfer of 25 or more full-time 
     equivalents from one organizational unit of the Department of 
     Veterans Affairs to another.
       Sec. 228.  The Secretary of Veterans Affairs shall provide 
     on a quarterly basis to the Committees on Appropriations of 
     both Houses of Congress notification of any single national 
     outreach and awareness marketing campaign in which 
     obligations exceed $1,000,000.

                     (including transfer of funds)

       Sec. 229.  The Secretary of Veterans Affairs, upon 
     determination that such action is necessary to address needs 
     of the Veterans Health Administration, may transfer to the 
     ``Medical Services'' account any discretionary appropriations 
     made available for fiscal year 2021 in this title (except 
     appropriations made to the ``General Operating Expenses, 
     Veterans Benefits Administration'' account) or any 
     discretionary unobligated balances within the Department of 
     Veterans Affairs, including those appropriated for fiscal 
     year 2021, that were provided in advance by appropriations 
     Acts:  Provided, That transfers shall be made only with the 
     approval of the Office of Management and Budget:  Provided 
     further, That the transfer authority provided in this section 
     is in addition to any other transfer authority provided by 
     law:  Provided further, That no amounts may be transferred 
     from amounts that were designated by Congress as an emergency 
     requirement pursuant to a concurrent resolution on the budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985:  Provided further, That such authority to transfer may 
     not be used unless for higher priority items, based on 
     emergent healthcare requirements, than those for which 
     originally appropriated and in no case where the item for 
     which funds are requested has been denied by Congress:  
     Provided further, That, upon determination that all or part 
     of the funds transferred from an appropriation are not 
     necessary, such amounts may be transferred back to that 
     appropriation and shall be available for the same purposes as 
     originally appropriated:  Provided further, That before a 
     transfer may take place, the Secretary of Veterans Affairs 
     shall request from the Committees on Appropriations of both 
     Houses of Congress the authority to make the transfer and 
     receive approval of that request.

                     (including transfer of funds)

       Sec. 230.  Amounts made available for the Department of 
     Veterans Affairs for fiscal year 2021, under the ``Board of 
     Veterans Appeals'' and the ``General Operating Expenses, 
     Veterans Benefits Administration'' accounts may be 
     transferred between such accounts:  Provided, That before a 
     transfer may take place, the Secretary of Veterans Affairs 
     shall request from the Committees on Appropriations of both 
     Houses of Congress the authority to make the transfer and 
     receive approval of that request.
       Sec. 231.  The Secretary of Veterans Affairs may not 
     reprogram funds among major construction projects or programs 
     if such instance of reprogramming will exceed $7,000,000, 
     unless such reprogramming is approved by the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 232. (a) The Secretary of Veterans Affairs shall 
     ensure that the toll-free suicide hotline under section 
     1720F(h) of title 38, United States Code--
       (1) provides to individuals who contact the hotline 
     immediate assistance from a trained professional; and
       (2) adheres to all requirements of the American Association 
     of Suicidology.
       (b)(1) None of the funds made available by this Act may be 
     used to enforce or otherwise carry out any Executive action 
     that prohibits the Secretary of Veterans Affairs from 
     appointing an individual to occupy a vacant civil service 
     position, or establishing a new civil service position, at 
     the Department of Veterans Affairs with respect to such a 
     position relating to the hotline specified in subsection (a).
       (2) In this subsection--
       (A) the term ``civil service'' has the meaning given such 
     term in section 2101(1) of title 5, United States Code; and
       (B) the term ``Executive action'' includes--
       (i) any Executive order, presidential memorandum, or other 
     action by the President; and
       (ii) any agency policy, order, or other directive.
       (c)(1) The Secretary of Veterans Affairs shall conduct a 
     study on the effectiveness of the hotline specified in 
     subsection (a) during the 5-year period beginning on January 
     1, 2016, based on an analysis of national suicide data and 
     data collected from such hotline.
       (2) At a minimum, the study required by paragraph (1) 
     shall--
       (A) determine the number of veterans who contact the 
     hotline specified in subsection (a) and who receive follow up 
     services from the hotline or mental health services from the 
     Department of Veterans Affairs thereafter;
       (B) determine the number of veterans who contact the 
     hotline who are not referred to, or do not continue 
     receiving, mental health care who commit suicide; and
       (C) determine the number of veterans described in 
     subparagraph (A) who commit or attempt suicide.
       Sec. 233.  Effective during the period beginning on October 
     1, 2018 and ending on January 1, 2024, none of the funds made 
     available to the Secretary of Veterans Affairs by this or any 
     other Act may be obligated or expended in contravention of 
     the ``Veterans Health Administration Clinical Preventive 
     Services Guidance Statement on the Veterans Health 
     Administration's Screening for Breast Cancer Guidance'' 
     published on May 10, 2017, as issued by the Veterans Health 
     Administration National Center for Health Promotion and 
     Disease Prevention.
       Sec. 234. (a) Notwithstanding any other provision of law, 
     the amounts appropriated or otherwise made available to the 
     Department of Veterans Affairs for the ``Medical Services'' 
     account may be used to provide--
       (1) fertility counseling and treatment using assisted 
     reproductive technology to a covered veteran or the spouse of 
     a covered veteran; or
       (2) adoption reimbursement to a covered veteran.
       (b) In this section:
       (1) The term ``service-connected'' has the meaning given 
     such term in section 101 of title 38, United States Code.
       (2) The term ``covered veteran'' means a veteran, as such 
     term is defined in section 101 of title 38, United States 
     Code, who has a service-connected disability that results in 
     the inability of the veteran to procreate without the use of 
     fertility treatment.
       (3) The term ``assisted reproductive technology'' means 
     benefits relating to reproductive assistance provided to a 
     member of the Armed Forces who incurs a serious injury or 
     illness on active duty pursuant to section 1074(c)(4)(A) of 
     title 10, United States Code, as described in the memorandum 
     on the subject of ``Policy for Assisted Reproductive Services 
     for the Benefit of

[[Page H7457]]

     Seriously or Severely Ill/Injured (Category II or III) Active 
     Duty Service Members'' issued by the Assistant Secretary of 
     Defense for Health Affairs on April 3, 2012, and the guidance 
     issued to implement such policy, including any limitations on 
     the amount of such benefits available to such a member except 
     that--
       (A) the time periods regarding embryo cryopreservation and 
     storage set forth in part III(G) and in part IV(H) of such 
     memorandum shall not apply; and
       (B) such term includes embryo cryopreservation and storage 
     without limitation on the duration of such cryopreservation 
     and storage.
       (4) The term ``adoption reimbursement'' means reimbursement 
     for the adoption-related expenses for an adoption that is 
     finalized after the date of the enactment of this Act under 
     the same terms as apply under the adoption reimbursement 
     program of the Department of Defense, as authorized in 
     Department of Defense Instruction 1341.09, including the 
     reimbursement limits and requirements set forth in such 
     instruction.
       (c) Amounts made available for the purposes specified in 
     subsection (a) of this section are subject to the 
     requirements for funds contained in section 508 of division H 
     of the Consolidated Appropriations Act, 2018 (Public Law 115-
     141).
       Sec. 235.  None of the funds appropriated or otherwise made 
     available by this Act or any other Act for the Department of 
     Veterans Affairs may be used in a manner that is inconsistent 
     with: (1) section 842 of the Transportation, Treasury, 
     Housing and Urban Development, the Judiciary, the District of 
     Columbia, and Independent Agencies Appropriations Act, 2006 
     (Public Law 109-115; 119 Stat. 2506); or (2) section 
     8110(a)(5) of title 38, United States Code.
       Sec. 236.  Section 842 of Public Law 109-115 shall not 
     apply to conversion of an activity or function of the 
     Veterans Health Administration, Veterans Benefits 
     Administration, or National Cemetery Administration to 
     contractor performance by a business concern that is at least 
     51 percent owned by one or more Indian tribes as defined in 
     section 5304(e) of title 25, United States Code, or one or 
     more Native Hawaiian Organizations as defined in section 
     637(a)(15) of title 15, United States Code.
       Sec. 237. (a) Except as provided in subsection (b), the 
     Secretary of Veterans Affairs, in consultation with the 
     Secretary of Defense and the Secretary of Labor, shall 
     discontinue using Social Security account numbers to identify 
     individuals in all information systems of the Department of 
     Veterans Affairs as follows:
       (1) For all veterans submitting to the Secretary of 
     Veterans Affairs new claims for benefits under laws 
     administered by the Secretary, not later than March 23, 2023.
       (2) For all individuals not described in paragraph (1), not 
     later than March 23, 2026.
       (b) The Secretary of Veterans Affairs may use a Social 
     Security account number to identify an individual in an 
     information system of the Department of Veterans Affairs if 
     and only if the use of such number is required to obtain 
     information the Secretary requires from an information system 
     that is not under the jurisdiction of the Secretary.
       (c) The matter in subsections (a) and (b) shall supersede 
     section 238 of Public Law 116-94.
       Sec. 238.  For funds provided to the Department of Veterans 
     Affairs for each of fiscal year 2021 and 2022 for ``Medical 
     Services'', section 239 of division A of Public Law 114-223 
     shall apply.
       Sec. 239.  None of the funds appropriated in this or prior 
     appropriations Acts or otherwise made available to the 
     Department of Veterans Affairs may be used to transfer any 
     amounts from the Filipino Veterans Equity Compensation Fund 
     to any other account within the Department of Veterans 
     Affairs.
       Sec. 240.  Of the funds provided to the Department of 
     Veterans Affairs for each of fiscal year 2021 and fiscal year 
     2022 for ``Medical Services'', funds may be used in each year 
     to carry out and expand the child care program authorized by 
     section 205 of Public Law 111-163, notwithstanding subsection 
     (e) of such section.
       Sec. 241.  None of the funds appropriated or otherwise made 
     available in this title may be used by the Secretary of 
     Veterans Affairs to enter into an agreement related to 
     resolving a dispute or claim with an individual that would 
     restrict in any way the individual from speaking to members 
     of Congress or their staff on any topic not otherwise 
     prohibited from disclosure by Federal law or required by 
     Executive order to be kept secret in the interest of national 
     defense or the conduct of foreign affairs.
       Sec. 242.  For funds provided to the Department of Veterans 
     Affairs for each of fiscal year 2021 and 2022, section 258 of 
     division A of Public Law 114-223 shall apply.
       Sec. 243. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to deny an Inspector 
     General funded under this Act timely access to any records, 
     documents, or other materials available to the department or 
     agency of the United States Government over which such 
     Inspector General has responsibilities under the Inspector 
     General Act of 1978 (5 U.S.C. App.), or to prevent or impede 
     the access of such Inspector General to such records, 
     documents, or other materials, under any provision of law, 
     except a provision of law that expressly refers to such 
     Inspector General and expressly limits the right of access of 
     such Inspector General.
       (b) A department or agency covered by this section shall 
     provide its Inspector General access to all records, 
     documents, and other materials in a timely manner.
       (c) Each Inspector General covered by this section shall 
     ensure compliance with statutory limitations on disclosure 
     relevant to the information provided by the department or 
     agency over which that Inspector General has responsibilities 
     under the Inspector General Act of 1978 (5 U.S.C. App.).
       (d) Each Inspector General covered by this section shall 
     report to the Committee on Appropriations of the Senate and 
     the Committee on Appropriations of the House of 
     Representatives within 5 calendar days of any failure by any 
     department or agency covered by this section to comply with 
     this section.
       Sec. 244.  None of the funds made available in this Act may 
     be used in a manner that would increase wait times for 
     veterans who seek care at medical facilities of the 
     Department of Veterans Affairs.
       Sec. 245.  None of the funds appropriated or otherwise made 
     available by this Act to the Veterans Health Administration 
     may be used in fiscal year 2021 to convert any program which 
     received specific purpose funds in fiscal year 2020 to a 
     general purpose funded program unless the Secretary of 
     Veterans Affairs submits written notification of any such 
     proposal to the Committees on Appropriations of both Houses 
     of Congress at least 30 days prior to any such action and an 
     approval is issued by the Committees.
       Sec. 246.  For funds provided to the Department of Veterans 
     Affairs for each of fiscal year 2021 and 2022, section 248 of 
     division A of Public Law 114-223 shall apply.
       Sec. 247. (a) None of the funds appropriated or otherwise 
     made available by this Act may be used to conduct research 
     commencing on or after October 1, 2019, that uses any canine, 
     feline, or non-human primate unless the Secretary of Veterans 
     Affairs approves such research specifically and in writing 
     pursuant to subsection (b).
       (b)(1) The Secretary of Veterans Affairs may approve the 
     conduct of research commencing on or after October 1, 2019, 
     using canines, felines, or non-human primates if the 
     Secretary determines that--
       (A) the scientific objectives of the research can only be 
     met by using such canines, felines, or non-human primates;
       (B) such scientific objectives are directly related to an 
     illness or injury that is combat-related; and
       (C) the research is consistent with the revised Department 
     of Veterans Affairs canine research policy document dated 
     December 15, 2017, including any subsequent revisions to such 
     document.
       (2) The Secretary may not delegate the authority under this 
     subsection.
       (c) If the Secretary approves any new research pursuant to 
     subsection (b), not later than 30 days before the 
     commencement of such research, the Secretary shall submit to 
     the Committees on Appropriations of the Senate and House of 
     Representatives a report describing--
       (1) the nature of the research to be conducted using 
     canines, felines, or non-human primates;
       (2) the date on which the Secretary approved the research;
       (3) the justification for the determination of the 
     Secretary that the scientific objectives of such research 
     could only be met using canines, felines, or non-human 
     primates;
       (4) the frequency and duration of such research; and
       (5) the protocols in place to ensure the necessity, safety, 
     and efficacy of the research; and
       (d) Not later than 180 days after the date of the enactment 
     of this Act, and biannually thereafter, the Secretary shall 
     submit to such Committees a report describing--
       (1) any research being conducted by the Department of 
     Veterans Affairs using canines, felines, or non-human 
     primates as of the date of the submittal of the report;
       (2) the circumstances under which such research was 
     conducted using canines, felines, or non-human primates;
       (3) the justification for using canines, felines, or non-
     human primates to conduct such research; and
       (4) the protocols in place to ensure the necessity, safety, 
     and efficacy of such research.
       (e) Not later than December 31, 2021, the Secretary shall 
     submit to such Committees an updated plan under which the 
     Secretary will eliminate or reduce the research conducted 
     using canines, felines, or non-human primates by not later 
     than 5 years after the date of enactment of Public Law 116-
     94.
       Sec. 248. (a) The Secretary of Veterans Affairs may use 
     amounts appropriated or otherwise made available in this 
     title to ensure that the ratio of veterans to full-time 
     employment equivalents within any program of rehabilitation 
     conducted under chapter 31 of title 38, United States Code, 
     does not exceed 125 veterans to one full-time employment 
     equivalent.
       (b) Not later than 180 days after the date of the enactment 
     of this Act, the Secretary shall submit to Congress a report 
     on the programs of rehabilitation conducted under chapter 31 
     of title 38, United States Code, including--
       (1) an assessment of the veteran-to-staff ratio for each 
     such program; and
       (2) recommendations for such action as the Secretary 
     considers necessary to reduce the veteran-to-staff ratio for 
     each such program.
       Sec. 249.  None of the funds made available by this Act may 
     be used by the Secretary of Veterans Affairs to close the 
     community based outpatient clinic located in Bainbridge, New 
     York, until the Secretary of Veterans Affairs submits to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate a market area assessment.
       Sec. 250.  Amounts made available for the ``Veterans Health 
     Administration, Medical Community Care'' account in this or 
     any other Act for fiscal years 2021 and 2022 may be used for 
     expenses that would otherwise be payable from the Veterans 
     Choice Fund established by section 802 of the Veterans 
     Access, Choice, and Accountability Act, as amended (38 U.S.C. 
     1701 note).
       Sec. 251.  Obligations and expenditures applicable to the 
     ``Medical Services'' account in fiscal

[[Page H7458]]

     years 2017 through 2019 for aid to state homes (as authorized 
     by section 1741 of title 38, United States Code) shall remain 
     in the ``Medical Community Care'' account for such fiscal 
     years.
       Sec. 252.  Of the amounts made available for the Department 
     of Veterans Affairs for fiscal year 2021, in this or any 
     other Act, under the ``Veterans Health Administration--
     Medical Services'', ``Veterans Health Administration--Medical 
     Community Care'', ``Veterans Health Administration--Medical 
     Support and Compliance'', and ``Veterans Health 
     Administration--Medical Facilities'' accounts, $660,691,000 
     shall be made available for gender-specific care for women.
       Sec. 253 (a) Plan Required.--Not later than 90 days after 
     the date of the enactment of this Act, the Secretary of 
     Veterans Affairs shall submit to the appropriate committees 
     of Congress a plan to reduce the chances that clinical 
     mistakes by employees of the Department of Veterans Affairs 
     will result in adverse events that require institutional or 
     clinical disclosures and to prevent any unnecessary hardship 
     for patients and families impacted by such adverse events.
       (b) Elements.--The plan required by subsection (a) shall 
     include the following:
       (1) A description of a process for the timely 
     identification of individuals impacted by disclosures 
     described in subsection (a) and the process for contacting 
     those individuals or their next of kin.
       (2) A description of procedures for expediting any remedial 
     or follow-up care required for those individuals.
       (3) A detailed outline of proposed changes to the process 
     of the Department for clinical quality checks and oversight.
       (4) A communication plan to ensure all facilities of the 
     Department are made aware of any requirements updated 
     pursuant to the plan.
       (5) A timeline detailing the implementation of the plan.
       (6) An identification of the senior executive of the 
     Department responsible for ensuring compliance with the plan.
       (7) An identification of potential impacts of the plan on 
     timely diagnoses for patients.
       (8) An identification of the processes and procedures for 
     employees of the Department to make leadership at the 
     facility and the Department aware of adverse events that are 
     concerning and that result in disclosures and to ensure that 
     the medical impact on veterans of such disclosures is 
     minimized.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Veterans' Affairs and the Subcommittee 
     on Military Construction, Veterans Affairs, and Related 
     Agencies of the Committee on Appropriations of the Senate; 
     and
       (2) the Committee on Veterans' Affairs and the Subcommittee 
     on Military Construction, Veterans Affairs, and Related 
     Agencies of the Committee on Appropriations of the House of 
     Representatives.

                         (rescissions of funds)

       Sec. 254.  Of the unobligated balances available to the 
     Department of Veterans Affairs from prior appropriations 
     Acts, the following funds are hereby rescinded from the 
     following accounts in the amounts specified:
       ``Veterans Benefits Administration, General Operating 
     Expenses, Veterans Benefits Administration'', $16,000,000;
       ``Veterans Health Administration, Medical Services'', 
     $100,000,000;
       ``Veterans Health Administration, Medical Support and 
     Compliance'', $15,000,000;
       ``Veterans Health Administration, Medical and Prosthetic 
     Research'', $20,000,000;
       ``Departmental Administration, General Administration'', 
     $12,000,000;
       ``Departmental Administration, Information Technology 
     Systems'', $37,500,000;
       ``Departmental Administration, Veterans Electronic Health 
     Record'', $20,000,000; and
       ``Departmental Administration, Construction, Minor 
     Projects'', $35,700,000:
       Provided, That no amounts may be rescinded from amounts 
     that were designated by the Congress as an emergency 
     requirement pursuant to a concurrent resolution on the budget 
     or the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one-for-one replacement basis 
     only) and hire of passenger motor vehicles; not to exceed 
     $15,000 for official reception and representation expenses; 
     and insurance of official motor vehicles in foreign 
     countries, when required by law of such countries, 
     $84,100,000, to remain available until expended.

                 foreign currency fluctuations account

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, such sums as may be 
     necessary, to remain available until expended, for purposes 
     authorized by section 2109 of title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     sections 7251 through 7298 of title 38, United States Code, 
     $37,100,000:  Provided, That $3,286,509 shall be available 
     for the purpose of providing financial assistance as 
     described and in accordance with the process and reporting 
     procedures set forth under this heading in Public Law 102-
     229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

       For necessary expenses for maintenance, operation, and 
     improvement of Arlington National Cemetery and Soldiers' and 
     Airmen's Home National Cemetery, including the purchase or 
     lease of passenger motor vehicles for replacement on a one-
     for-one basis only, and not to exceed $2,000 for official 
     reception and representation expenses, $81,815,000, of which 
     not to exceed $15,000,000 shall remain available until 
     September 30, 2023. In addition, such sums as may be 
     necessary for parking maintenance, repairs and replacement, 
     to be derived from the ``Lease of Department of Defense Real 
     Property for Defense Agencies'' account.

                      Armed Forces Retirement Home

                               trust fund

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington, District of Columbia, and the Armed Forces 
     Retirement Home--Gulfport, Mississippi, to be paid from funds 
     available in the Armed Forces Retirement Home Trust Fund, 
     $75,300,000, to remain available until September 30, 2022, of 
     which $9,000,000 shall remain available until expended for 
     construction and renovation of the physical plants at the 
     Armed Forces Retirement Home--Washington, District of 
     Columbia, and the Armed Forces Retirement Home--Gulfport, 
     Mississippi:  Provided, That of the amounts made available 
     under this heading from funds available in the Armed Forces 
     Retirement Home Trust Fund, $22,000,000 shall be paid from 
     the general fund of the Treasury to the Trust Fund.

                        Administrative Provision

       Sec. 301.  Amounts deposited into the special account 
     established under 10 U.S.C. 7727 are appropriated and shall 
     be available until expended to support activities at the Army 
     National Military Cemeteries.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'', $16,111,000, to remain available until September 30, 
     2025, for projects outside of the United States:  Provided, 
     That such amount is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

              Military Construction, Navy and Marine Corps

       For an additional amount for ``Military Construction, Navy 
     and Marine Corps'', $70,020,000, to remain available until 
     September 30, 2025, for projects outside of the United 
     States:  Provided, That such amount is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'' $263,869,000, to remain available until September 30, 
     2025, for projects outside of the United States:  Provided, 
     That such amount is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                        Administrative Provision

       Sec. 401.  None of the funds appropriated for military 
     construction projects outside the United States under this 
     title may be obligated or expended for planning and design of 
     any project associated with the European Deterrence 
     Initiative until the Secretary of Defense develops and 
     submits to the congressional defense committees, in a 
     classified and unclassified format, a list of all of the 
     military construction projects associated with the European 
     Deterrence Initiative which the Secretary anticipates will be 
     carried out during each of the fiscal years 2022 through 
     2026.

                                TITLE V

                           GENERAL PROVISIONS

       Sec. 501.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502.  None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 503.  All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 504.  Unless stated otherwise, all reports and 
     notifications required by this Act shall be submitted to the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the House of Representatives and the Subcommittee on Military 
     Construction and Veterans Affairs, and Related Agencies of 
     the Committee on Appropriations of the Senate.

[[Page H7459]]

       Sec. 505.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this or any other 
     appropriations Act.
       Sec. 506.  None of the funds made available in this Act may 
     be used for a project or program named for an individual 
     serving as a Member, Delegate, or Resident Commissioner of 
     the United States House of Representatives.
       Sec. 507. (a) Any agency receiving funds made available in 
     this Act, shall, subject to subsections (b) and (c), post on 
     the public Web site of that agency any report required to be 
     submitted by the Congress in this or any other Act, upon the 
     determination by the head of the agency that it shall serve 
     the national interest.
       (b) Subsection (a) shall not apply to a report if--
       (1) the public posting of the report compromises national 
     security; or
       (2) the report contains confidential or proprietary 
     information.
       (c) The head of the agency posting such report shall do so 
     only after such report has been made available to the 
     requesting Committee or Committees of Congress for no less 
     than 45 days.
       Sec. 508. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 509.  None of the funds made available in this Act may 
     be used by an agency of the executive branch to pay for 
     first-class travel by an employee of the agency in 
     contravention of sections 301-10.122 through 301-10.124 of 
     title 41, Code of Federal Regulations.
       Sec. 510.  None of the funds made available in this Act may 
     be used to execute a contract for goods or services, 
     including construction services, where the contractor has not 
     complied with Executive Order No. 12989.
       Sec. 511.  None of the funds made available by this Act may 
     be used in contravention of section 101(e)(8) of title 10, 
     United States Code.
       Sec. 512. (a) In General.--None of the funds appropriated 
     or otherwise made available to the Department of Defense in 
     this Act may be used to construct, renovate, or expand any 
     facility in the United States, its territories, or 
     possessions to house any individual detained at United States 
     Naval Station, Guantanamo Bay, Cuba, for the purposes of 
     detention or imprisonment in the custody or under the control 
     of the Department of Defense.
       (b) The prohibition in subsection (a) shall not apply to 
     any modification of facilities at United States Naval 
     Station, Guantanamo Bay, Cuba.
       (c) An individual described in this subsection is any 
     individual who, as of June 24, 2009, is located at United 
     States Naval Station, Guantanamo Bay, Cuba, and who--
       (1) is not a citizen of the United States or a member of 
     the Armed Forces of the United States; and
       (2) is--
       (A) in the custody or under the effective control of the 
     Department of Defense; or
       (B) otherwise under detention at United States Naval 
     Station, Guantanamo Bay, Cuba.
       Sec. 513.  Title X of division B of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136) is 
     amended under the heading ``Department of Veterans Affairs--
     Departmental Administration--Grants for Construction of State 
     Extended Care Facilities'' by striking ``including to modify 
     or alter existing hospital, nursing home, and domiciliary 
     facilities in State homes: Provided,'' and inserting in lieu 
     thereof the following: ``which shall be for modifying or 
     altering existing hospital, nursing home, and domiciliary 
     facilities in State homes or for previously awarded projects, 
     for covering construction cost increases due to the 
     coronavirus: Provided, That the Secretary shall conduct a new 
     competition or competitions to award grants to States using 
     funds provided under this heading in this Act: Provided 
     further, That such grants may be made to reimburse States for 
     the costs of modifications or alterations that have been 
     initiated or completed before an application for a grant 
     under this section is approved by the Secretary: Provided 
     further, That such grants may be made to assist States with 
     covering increased construction and construction 
     administration costs as a result of the coronavirus that will 
     or have occurred on previously awarded projects: Provided 
     further, That the use of funds provided under this heading in 
     this Act shall not be subject to state matching fund 
     requirements, application requirements, cost thresholds, 
     priority lists, deadlines, award dates under sections 8134 
     and 8135 of title 38, United States Code, and part 59 of 
     chapter I of title 38, Code of Federal Regulations, and shall 
     not be subject to requirements of section 501(d) of title 38, 
     United States Code: Provided further, That the Secretary may 
     establish and adjust rolling deadlines for applications for 
     such grants and may issue multiple rounds of application 
     periods for the award of such grants under this section: 
     Provided further,'':  Provided, That amounts repurposed 
     pursuant to this section that were previously designated by 
     the Congress as an emergency requirement pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       Sec. 514.  Of the unobligated balances available to the 
     Department of Veterans Affairs from title X of division B of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136) for ``Veterans Health Administration, 
     Medical Services'', funds may be transferred to the following 
     accounts in the amounts specified:
       ``General Operating Expenses, Veterans Benefits 
     Administration'', up to $140,000,000;
       ``National Cemetery Administration'', up to $26,000,000; 
     and
       ``Departmental Administration, Board of Veterans Appeals'', 
     up to $1,000,000:
       Provided, That the transferred funds shall be used for 
     personnel costs and other expenses to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the elimination of backlogs that may have occurred: 
      Provided further, That the transferred funds shall be in 
     addition to any other funds made available for this purpose:  
     Provided further, That the transferred funds may not be used 
     to increase the number of full-time equivalent positions:  
     Provided further, That the amounts transferred in this 
     section that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 515.  Of the unobligated balances available to the 
     Department of Veterans Affairs from title X of division B of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136) for ``Veterans Health Administration, 
     Medical Services'', funds may be transferred to the following 
     accounts in the amounts specified:
       ``General Operating Expenses, Veterans Benefits 
     Administration'', up to $198,000,000; and
       ``Departmental Administration, Information Technology 
     Systems'', up to $45,000,000:
       Provided, That the transferred funds shall be used to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, to improve the Veterans 
     Benefits Administration's education systems, including 
     implementation of changes to chapters 30 through 36 of part 
     III of title 38, United States Code in the Harry W. Colmery 
     Veterans Educational Assistance Act of 2017 (Public Law 115-
     48), in a bill to authorize the Secretary of Veterans Affairs 
     to treat certain programs of education converted to distance 
     learning by reason of emergencies and health-related 
     situations in the same manner as programs of education 
     pursued at educational institutions, and for other purposes 
     (Public Law 116-128), and in the Student Veteran Coronavirus 
     Response Act of 2020 (Public Law 116-140):  Provided further, 
     That funds transferred to ``Departmental Administration, 
     Information Technology Systems'' pursuant to this section 
     shall be transferred to the information technology systems 
     development subaccount:  Provided further, That the 
     transferred funds shall be in addition to any other funds 
     made available for this purpose:  Provided further, That the 
     amounts transferred in this section that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 516.  Section 20013(b) of the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) in the matter preceding subparagraph (A), as so 
     redesignated, by inserting ``(1)'' before ``In the case''; 
     and
       (3) by adding at the end the following: ``(2) If the 
     Secretary waives any limit on grant amounts or rates for per 
     diem payments under paragraph (1), notwithstanding section 
     2012(a)(2)(B) of such title, the maximum rate for per diem 
     payments described in paragraph (1)(B) shall be three times 
     the rate authorized for State homes for domiciliary care 
     under section 1741 of such title.'':
       Provided, That amounts repurposed pursuant to this section 
     that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 517.  Of the unobligated balances available to the 
     Department of Veterans Affairs from title X of division B of 
     the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136) for ``Veterans Health Administration, 
     Medical Services'', up to $100,000,000 may be transferred to 
     ``Veterans Health Administration, Medical Community Care'':  
     Provided, That funds transferred pursuant to this section 
     shall be used to provide a one-time emergency payment to 
     existing State Extended Care Facilities for Veterans to 
     prevent, prepare for, and respond to coronavirus:  Provided 
     further, That such payments shall be in proportion to each 
     State's share of the total resident capacity in such 
     facilities as of the date of enactment of this Act where such 
     capacity includes only veterans on whose behalf the 
     Department pays a per diem payment pursuant to 38 U.S.C. 1741 
     or 1745:  Provided further, That the amounts transferred in 
     this section that were previously designated by the Congress 
     as an emergency requirement pursuant to the Balanced Budget 
     and Emergency Deficit Control Act of 1985 are designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       This division may be cited as the ``Military Construction, 
     Veterans Affairs, and Related Agencies Appropriations Act, 
     2021''.

[[Page H7460]]

  


   DIVISION K--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 2021

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          Department of State

                   Administration of Foreign Affairs

                          diplomatic programs

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, $9,170,013,000, 
     of which $757,367,000 may remain available until September 
     30, 2022, and of which up to $4,120,899,000 may remain 
     available until expended for Worldwide Security Protection:  
     Provided, That of the amount made available under this 
     heading for Worldwide Security Protection, $2,226,122,000 is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided further, That funds made 
     available under this heading shall be allocated in accordance 
     with paragraphs (1) through (4) as follows:
       (1) Human resources.--For necessary expenses for training, 
     human resources management, and salaries, including 
     employment without regard to civil service and classification 
     laws of persons on a temporary basis (not to exceed 
     $700,000), as authorized by section 801 of the United States 
     Information and Educational Exchange Act of 1948 (62 Stat. 
     11; Chapter 36), $2,990,820,000, of which up to $534,782,000 
     is for Worldwide Security Protection.
       (2) Overseas programs.--For necessary expenses for the 
     regional bureaus of the Department of State and overseas 
     activities as authorized by law, $1,808,415,000.
       (3) Diplomatic policy and support.--For necessary expenses 
     for the functional bureaus of the Department of State, 
     including representation to certain international 
     organizations in which the United States participates 
     pursuant to treaties ratified pursuant to the advice and 
     consent of the Senate or specific Acts of Congress, general 
     administration, and arms control, nonproliferation, and 
     disarmament activities as authorized, $763,428,000.
       (4) Security programs.--For necessary expenses for security 
     activities, $3,607,350,000, of which up to $3,586,117,000 is 
     for Worldwide Security Protection.
       (5) Fees and payments collected.--In addition to amounts 
     otherwise made available under this heading--
       (A) as authorized by section 810 of the United States 
     Information and Educational Exchange Act, not to exceed 
     $5,000,000, to remain available until expended, may be 
     credited to this appropriation from fees or other payments 
     received from English teaching, library, motion pictures, and 
     publication programs and from fees from educational advising 
     and counseling and exchange visitor programs; and
       (B) not to exceed $15,000, which shall be derived from 
     reimbursements, surcharges, and fees for use of Blair House 
     facilities.
       (6) Transfer of funds, reprogramming, and other matters.--
       (A) Notwithstanding any other provision of this Act, funds 
     may be reprogrammed within and between paragraphs (1) through 
     (4) under this heading subject to section 7015 of this Act.
       (B) Of the amount made available under this heading for 
     Worldwide Security Protection, not to exceed $50,000,000 may 
     be transferred to, and merged with, funds made available by 
     this Act under the heading ``Emergencies in the Diplomatic 
     and Consular Service'', to be available only for emergency 
     evacuations and rewards, as authorized:  Provided, That the 
     exercise of the authority provided by this subparagraph shall 
     be subject to prior consultation with the Committees on 
     Appropriations.
       (C) Funds appropriated under this heading are available for 
     acquisition by exchange or purchase of passenger motor 
     vehicles as authorized by law and, pursuant to section 
     1108(g) of title 31, United States Code, for the field 
     examination of programs and activities in the United States 
     funded from any account contained in this title.

                        capital investment fund

       For necessary expenses of the Capital Investment Fund, as 
     authorized, $250,000,000, to remain available until expended.

                      office of inspector general

       For necessary expenses of the Office of Inspector General, 
     $90,829,000, of which $13,624,000 may remain available until 
     September 30, 2022:  Provided, That funds appropriated under 
     this heading are made available notwithstanding section 
     209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 
     3929(a)(1)), as it relates to post inspections.
        In addition, for the Special Inspector General for 
     Afghanistan Reconstruction (SIGAR) for reconstruction 
     oversight, $54,900,000, to remain available until September 
     30, 2022, which is designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985:  Provided, That funds 
     appropriated under this heading that are made available for 
     the printing and reproduction costs of SIGAR shall not exceed 
     amounts for such costs during the prior fiscal year.

               educational and cultural exchange programs

       For necessary expenses of educational and cultural exchange 
     programs, as authorized, $740,300,000, to remain available 
     until expended, of which not less than $274,000,000 shall be 
     for the Fulbright Program and not less than $113,860,000 
     shall be for Citizen Exchange Program:  Provided, That fees 
     or other payments received from, or in connection with, 
     English teaching, educational advising and counseling 
     programs, and exchange visitor programs as authorized may be 
     credited to this account, to remain available until expended: 
      Provided further, That a portion of the Fulbright awards 
     from the Eurasia and Central Asia regions shall be designated 
     as Edmund S. Muskie Fellowships, following consultation with 
     the Committees on Appropriations:  Provided further, That 
     funds appropriated under this heading that are made available 
     for the Benjamin Gilman International Scholarships Program 
     shall also be made available for the John S. McCain Scholars 
     Program, pursuant to section 7075 of the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2019 (division F of Public Law 116-6):  Provided further, 
     That funds appropriated under this heading shall be made 
     available for the Community Engagement Exchange Program as 
     described under the heading ``Civil Society Exchange 
     Program'' in Senate Report 116-126:  Provided further, That 
     any substantive modifications from the prior fiscal year to 
     programs funded by this Act under this heading shall be 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.

                        representation expenses

       For representation expenses as authorized, $7,415,000.

              protection of foreign missions and officials

       For necessary expenses, not otherwise provided, to enable 
     the Secretary of State to provide for extraordinary 
     protective services, as authorized, $30,890,000, to remain 
     available until September 30, 2022.

            embassy security, construction, and maintenance

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, 
     maintaining, repairing, and planning for real property that 
     are owned or leased by the Department of State, and 
     renovating, in addition to funds otherwise available, the 
     Harry S Truman Building, $769,055,000, to remain available 
     until September 30, 2025, of which not to exceed $25,000 may 
     be used for overseas representation expenses as authorized:  
     Provided, That none of the funds appropriated in this 
     paragraph shall be available for acquisition of furniture, 
     furnishings, or generators for other departments and agencies 
     of the United States Government.
       In addition, for the costs of worldwide security upgrades, 
     acquisition, and construction as authorized, $1,181,394,000, 
     to remain available until expended, of which $824,287,000 is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

           emergencies in the diplomatic and consular service

       For necessary expenses to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service, as authorized, $7,885,000, to remain 
     available until expended, of which not to exceed $1,000,000 
     may be transferred to, and merged with, funds appropriated by 
     this Act under the heading ``Repatriation Loans Program 
     Account''.

                   repatriation loans program account

       For the cost of direct loans, $2,500,000, as authorized:  
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974:  Provided further, That 
     such funds are available to subsidize gross obligations for 
     the principal amount of direct loans not to exceed 
     $6,311,992.

              payment to the american institute in taiwan

       For necessary expenses to carry out the Taiwan Relations 
     Act (Public Law 96-8), $31,963,000.

         international center, washington, district of columbia

       Not to exceed $1,806,600 shall be derived from fees 
     collected from other executive agencies for lease or use of 
     facilities at the International Center in accordance with 
     section 4 of the International Center Act (Public Law 90-
     553), and, in addition, as authorized by section 5 of such 
     Act, $2,743,000, to be derived from the reserve authorized by 
     such section, to be used for the purposes set out in that 
     section.

     payment to the foreign service retirement and disability fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized, $158,900,000.

                      International Organizations

              contributions to international organizations

       For necessary expenses, not otherwise provided for, to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, 
     conventions, or specific Acts of Congress, $1,505,928,000, of 
     which $96,240,000, to remain available until September 30, 
     2022, is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided, That the Secretary of State 
     shall, at the time of the submission of the President's 
     budget to Congress under section 1105(a) of title 31, United 
     States Code, transmit to the Committees on Appropriations the 
     most recent biennial budget prepared by the United Nations 
     for the operations of the United Nations:  Provided further, 
     That the Secretary of State shall notify the Committees on 
     Appropriations at least 15 days in advance (or in an 
     emergency, as far in advance as is practicable) of any United 
     Nations

[[Page H7461]]

     action to increase funding for any United Nations program 
     without identifying an offsetting decrease elsewhere in the 
     United Nations budget:  Provided further, That any payment of 
     arrearages under this heading shall be directed to activities 
     that are mutually agreed upon by the United States and the 
     respective international organization and shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations:  Provided further, That none of the funds 
     appropriated under this heading shall be available for a 
     United States contribution to an international organization 
     for the United States share of interest costs made known to 
     the United States Government by such organization for loans 
     incurred on or after October 1, 1984, through external 
     borrowings.

        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $1,456,314,000, of which $705,994,000 is designated 
     by the Congress for Overseas Contingency Operations/Global 
     War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985:  
     Provided, That of the funds made available under this 
     heading, up to $818,542,000 may remain available until 
     September 30, 2022:  Provided further, That none of the funds 
     made available by this Act shall be obligated or expended for 
     any new or expanded United Nations peacekeeping mission 
     unless, at least 15 days in advance of voting for such 
     mission in the United Nations Security Council (or in an 
     emergency as far in advance as is practicable), the 
     Committees on Appropriations are notified of: (1) the 
     estimated cost and duration of the mission, the objectives of 
     the mission, the national interest that will be served, and 
     the exit strategy; and (2) the sources of funds, including 
     any reprogrammings or transfers, that will be used to pay the 
     cost of the new or expanded mission, and the estimated cost 
     in future fiscal years:  Provided further, That none of the 
     funds appropriated under this heading may be made available 
     for obligation unless the Secretary of State certifies and 
     reports to the Committees on Appropriations on a peacekeeping 
     mission-by-mission basis that the United Nations is 
     implementing effective policies and procedures to prevent 
     United Nations employees, contractor personnel, and 
     peacekeeping troops serving in such mission from trafficking 
     in persons, exploiting victims of trafficking, or committing 
     acts of sexual exploitation and abuse or other violations of 
     human rights, and to hold accountable individuals who engage 
     in such acts while participating in such mission, including 
     prosecution in their home countries and making information 
     about such prosecutions publicly available on the website of 
     the United Nations:  Provided further, That the Secretary of 
     State shall work with the United Nations and foreign 
     governments contributing peacekeeping troops to implement 
     effective vetting procedures to ensure that such troops have 
     not violated human rights:  Provided further, That funds 
     shall be available for peacekeeping expenses unless the 
     Secretary of State determines that United States 
     manufacturers and suppliers are not being given opportunities 
     to provide equipment, services, and material for United 
     Nations peacekeeping activities equal to those being given to 
     foreign manufacturers and suppliers:  Provided further, That 
     none of the funds appropriated or otherwise made available 
     under this heading may be used for any United Nations 
     peacekeeping mission that will involve United States Armed 
     Forces under the command or operational control of a foreign 
     national, unless the President's military advisors have 
     submitted to the President a recommendation that such 
     involvement is in the national interest of the United States 
     and the President has submitted to Congress such a 
     recommendation:  Provided further, That any payment of 
     arrearages with funds appropriated by this Act shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:

 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation expenses; as follows:

                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $49,770,000, of which $7,466,000 may remain available until 
     September 30, 2022.

                              construction

       For detailed plan preparation and construction of 
     authorized projects, $49,000,000, to remain available until 
     expended, as authorized:  Provided, That of the funds 
     appropriated under this heading in this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs for the United States 
     Section, except for funds designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism or as 
     an emergency requirement pursuant to a concurrent resolution 
     on the budget or the Balanced Budget and Emergency Deficit 
     Control Act of 1985, up to $5,000,000 may be transferred to, 
     and merged with, funds appropriated under the heading 
     ``Salaries and Expenses'' to carry out the purposes of the 
     United States Section, which shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations:  Provided further, That 
     such transfer authority is in addition to any other transfer 
     authority provided in this Act.

              american sections, international commissions

       For necessary expenses, not otherwise provided, for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and for technical assistance grants and the 
     Community Assistance Program of the North American 
     Development Bank, $15,008,000:  Provided, That of the amount 
     provided under this heading for the International Joint 
     Commission, up to $1,250,000 may remain available until 
     September 30, 2022, and up to $9,000 may be made available 
     for representation expenses:  Provided further, That of the 
     amount provided under this heading for the International 
     Boundary Commission, up to $1,000 may be made available for 
     representation expenses.

                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $62,846,000:  Provided, That the United States share of 
     such expenses may be advanced to the respective commissions 
     pursuant to section 3324 of title 31, United States Code.

                             RELATED AGENCY

                 United States Agency for Global Media

                 international broadcasting operations

       For necessary expenses to enable the United States Agency 
     for Global Media (USAGM), as authorized, to carry out 
     international communication activities, and to make and 
     supervise grants for radio, Internet, and television 
     broadcasting to the Middle East, $793,257,000:  Provided, 
     That in addition to amounts otherwise available for such 
     purposes, up to $40,708,000 of the amount appropriated under 
     this heading may remain available until expended for 
     satellite transmissions and Internet freedom programs, of 
     which not less than $20,000,000 shall be for Internet freedom 
     programs:  Provided further, That of the total amount 
     appropriated under this heading, not to exceed $35,000 may be 
     used for representation expenses, of which $10,000 may be 
     used for such expenses within the United States as 
     authorized, and not to exceed $30,000 may be used for 
     representation expenses of Radio Free Europe/Radio Liberty:  
     Provided further, That funds appropriated under this heading 
     shall be allocated in accordance with the table included 
     under this heading in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act):  Provided further, That notwithstanding 
     the previous proviso, funds may be reprogrammed within and 
     between amounts designated in such table, subject to the 
     regular notification procedures of the Committees on 
     Appropriations, except that no such reprogramming may reduce 
     a designated amount by more than 5 percent:  Provided 
     further, That funds appropriated under this heading shall be 
     made available in accordance with the principles and 
     standards set forth in section 303(a) and (b) of the United 
     States International Broadcasting Act of 1994 (22 U.S.C. 
     6202) and section 305(b) of such Act (22 U.S.C. 6204):  
     Provided further, That the USAGM Chief Executive Officer 
     shall notify the Committees on Appropriations within 15 days 
     of any determination by the USAGM that any of its broadcast 
     entities, including its grantee organizations, provides an 
     open platform for international terrorists or those who 
     support international terrorism, or is in violation of the 
     principles and standards set forth in section 303(a) and (b) 
     of such Act or the entity's journalistic code of ethics:  
     Provided further, That in addition to funds made available 
     under this heading, and notwithstanding any other provision 
     of law, up to $5,000,000 in receipts from advertising and 
     revenue from business ventures, up to $500,000 in receipts 
     from cooperating international organizations, and up to 
     $1,000,000 in receipts from privatization efforts of the 
     Voice of America and the International Broadcasting Bureau, 
     shall remain available until expended for carrying out 
     authorized purposes:  Provided further, That significant 
     modifications to USAGM broadcast hours previously justified 
     to Congress, including changes to transmission platforms 
     (shortwave, medium wave, satellite, Internet, and 
     television), for all USAGM language services shall be subject 
     to the regular notification procedures of the Committees on 
     Appropriations:  Provided further, That up to $7,000,000 from 
     the USAGM Buying Power Maintenance account may be transferred 
     to, and merged with, funds appropriated by this Act under the 
     heading ``International Broadcasting Operations'', which 
     shall remain available until expended:  Provided further, 
     That such transfer authority is in addition to any transfer 
     authority otherwise available under any other provision of 
     law and shall be subject to prior consultation with, and the 
     regular notification procedures of, the Committees on 
     Appropriations.

                   broadcasting capital improvements

       For the purchase, rent, construction, repair, preservation, 
     and improvement of facilities for radio, television, and 
     digital transmission and reception; the purchase, rent, and 
     installation of necessary equipment for radio, television, 
     and digital transmission and reception, including to Cuba, as 
     authorized; and physical security worldwide, in addition to 
     amounts otherwise available for such purposes, $9,700,000, to 
     remain available until expended, as authorized.

                            RELATED PROGRAMS

                          The Asia Foundation

       For a grant to The Asia Foundation, as authorized by The 
     Asia Foundation Act (22 U.S.C.

[[Page H7462]]

     4402), $20,000,000, to remain available until expended:  
     Provided, That funds appropriated under this heading shall be 
     apportioned and obligated to the Foundation not later than 60 
     days after enactment of this Act.

                    United States Institute of Peace

       For necessary expenses of the United States Institute of 
     Peace, as authorized by the United States Institute of Peace 
     Act (22 U.S.C. 4601 et seq.), $45,000,000, to remain 
     available until September 30, 2022, which shall not be used 
     for construction activities.

         Center for Middle Eastern-Western Dialogue Trust Fund

       For necessary expenses of the Center for Middle Eastern-
     Western Dialogue Trust Fund, as authorized by section 633 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 2004 (22 
     U.S.C. 2078), the total amount of the interest and earnings 
     accruing to such Fund on or before September 30, 2021, to 
     remain available until expended.

                 Eisenhower Exchange Fellowship Program

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the Eisenhower 
     Exchange Fellowship Program Trust Fund on or before September 
     30, 2021, to remain available until expended:  Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary or other compensation, or to enter into any 
     contract providing for the payment thereof, in excess of the 
     rate authorized by section 5376 of title 5, United States 
     Code; or for purposes which are not in accordance with 
     section 200 of title 2 of the Code of Federal Regulations, 
     including the restrictions on compensation for personal 
     services.

                    Israeli Arab Scholarship Program

       For necessary expenses of the Israeli Arab Scholarship 
     Program, as authorized by section 214 of the Foreign 
     Relations Authorization Act, Fiscal Years 1992 and 1993 (22 
     U.S.C. 2452 note), all interest and earnings accruing to the 
     Israeli Arab Scholarship Fund on or before September 30, 
     2021, to remain available until expended.

                            East-West Center

       To enable the Secretary of State to provide for carrying 
     out the provisions of the Center for Cultural and Technical 
     Interchange Between East and West Act of 1960, by grant to 
     the Center for Cultural and Technical Interchange Between 
     East and West in the State of Hawaii, $19,700,000:  Provided, 
     That funds appropriated under this heading shall be 
     apportioned and obligated to the Center not later than 60 
     days after enactment of this Act.

                    National Endowment for Democracy

       For grants made by the Department of State to the National 
     Endowment for Democracy, as authorized by the National 
     Endowment for Democracy Act (22 U.S.C. 4412), $300,000,000, 
     to remain available until expended, of which $195,840,000 
     shall be allocated in the traditional and customary manner, 
     including for the core institutes, and $104,160,000 shall be 
     for democracy programs:  Provided, That the requirements of 
     section 7061(a) of this Act shall not apply to funds made 
     available under this heading:  Provided further, That funds 
     appropriated under this heading shall be apportioned and 
     obligated to the Endowment not later than 60 days after 
     enactment of this Act.

                           OTHER COMMISSIONS

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

       For necessary expenses for the Commission for the 
     Preservation of America's Heritage Abroad, $642,000, as 
     authorized by chapter 3123 of title 54, United States Code:  
     Provided, That the Commission may procure temporary, 
     intermittent, and other services notwithstanding paragraph 
     (3) of section 312304(b) of such chapter:  Provided further, 
     That such authority shall terminate on October 1, 2021:  
     Provided further, That the Commission shall notify the 
     Committees on Appropriations prior to exercising such 
     authority.

      United States Commission on International Religious Freedom

                         salaries and expenses

       For necessary expenses for the United States Commission on 
     International Religious Freedom, as authorized by title II of 
     the International Religious Freedom Act of 1998 (22 U.S.C. 
     6431 et seq.), $4,500,000, to remain available until 
     September 30, 2022, including not more than $4,000 for 
     representation expenses.

            Commission on Security and Cooperation in Europe

                         salaries and expenses

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304 (22 
     U.S.C. 3001 et seq.), $2,908,000, including not more than 
     $4,000 for representation expenses, to remain available until 
     September 30, 2022.

  Congressional-executive Commission on the People's Republic of China

                         salaries and expenses

       For necessary expenses of the Congressional-Executive 
     Commission on the People's Republic of China, as authorized 
     by title III of the U.S.-China Relations Act of 2000 (22 
     U.S.C. 6911 et seq.), $2,250,000, including not more than 
     $3,000 for representation expenses, to remain available until 
     September 30, 2022.

      United States-China Economic and Security Review Commission

                         salaries and expenses

       For necessary expenses of the United States-China Economic 
     and Security Review Commission, as authorized by section 1238 
     of the Floyd D. Spence National Defense Authorization Act for 
     Fiscal Year 2001 (22 U.S.C. 7002), $4,000,000, including not 
     more than $4,000 for representation expenses, to remain 
     available until September 30, 2022:  Provided, That the 
     authorities, requirements, limitations, and conditions 
     contained in the second through sixth provisos under this 
     heading in the Department of State, Foreign Operations, and 
     Related Programs Appropriations Act, 2010 (division F of 
     Public Law 111-117) shall continue in effect during fiscal 
     year 2021 and shall apply to funds appropriated under this 
     heading.

                                TITLE II

           UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

                  Funds Appropriated to the President

                           operating expenses

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $1,377,747,000, of which up to $206,662,000 may remain 
     available until September 30, 2022:  Provided, That none of 
     the funds appropriated under this heading and under the 
     heading ``Capital Investment Fund'' in this title may be made 
     available to finance the construction (including architect 
     and engineering services), purchase, or long-term lease of 
     offices for use by the United States Agency for International 
     Development, unless the USAID Administrator has identified 
     such proposed use of funds in a report submitted to the 
     Committees on Appropriations at least 15 days prior to the 
     obligation of funds for such purposes:  Provided further, 
     That contracts or agreements entered into with funds 
     appropriated under this heading may entail commitments for 
     the expenditure of such funds through the following fiscal 
     year:  Provided further, That the authority of sections 610 
     and 109 of the Foreign Assistance Act of 1961 may be 
     exercised by the Secretary of State to transfer funds 
     appropriated to carry out chapter 1 of part I of such Act to 
     ``Operating Expenses'' in accordance with the provisions of 
     those sections:  Provided further, That of the funds 
     appropriated or made available under this heading, not to 
     exceed $250,000 may be available for representation and 
     entertainment expenses, of which not to exceed $5,000 may be 
     available for entertainment expenses, and not to exceed 
     $100,500 shall be for official residence expenses, for USAID 
     during the current fiscal year:  Provided further, That the 
     USAID Administrator shall submit a report to the Committees 
     on Appropriations not later than 60 days after enactment of 
     this Act on changes to the account structure as described in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).

                        capital investment fund

       For necessary expenses for overseas construction and 
     related costs, and for the procurement and enhancement of 
     information technology and related capital investments, 
     pursuant to section 667 of the Foreign Assistance Act of 
     1961, $258,200,000, to remain available until expended:  
     Provided, That this amount is in addition to funds otherwise 
     available for such purposes:  Provided further, That funds 
     appropriated under this heading shall be available subject to 
     the regular notification procedures of the Committees on 
     Appropriations.

                      office of inspector general

       For necessary expenses to carry out the provisions of 
     section 667 of the Foreign Assistance Act of 1961, 
     $75,500,000, of which up to $11,325,000 may remain available 
     until September 30, 2022, for the Office of Inspector General 
     of the United States Agency for International Development.

                               TITLE III

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For necessary expenses to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, as follows:

                         global health programs

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for global health activities, in addition to funds 
     otherwise available for such purposes, $3,265,950,000, to 
     remain available until September 30, 2022, and which shall be 
     apportioned directly to the United States Agency for 
     International Development not later than 60 days after 
     enactment of this Act:  Provided, That this amount shall be 
     made available for training, equipment, and technical 
     assistance to build the capacity of public health 
     institutions and organizations in developing countries, and 
     for such activities as: (1) child survival and maternal 
     health programs; (2) immunization and oral rehydration 
     programs; (3) other health, nutrition, water and sanitation 
     programs which directly address the needs of mothers and 
     children, and related education programs; (4) assistance for 
     children displaced or orphaned by causes other than AIDS; (5) 
     programs for the prevention, treatment, control of, and 
     research on HIV/AIDS, tuberculosis, polio, malaria, and other 
     infectious diseases including neglected tropical diseases, 
     and for assistance to communities severely affected by HIV/
     AIDS, including children infected or affected by AIDS; (6) 
     disaster preparedness training for health crises; (7) 
     programs to prevent, prepare for, and respond to, 
     unanticipated and emerging global health threats, including 
     zoonotic diseases; and (8) family planning/reproductive 
     health:  Provided further, That funds appropriated under this 
     paragraph may be made available for a United States 
     contribution to The GAVI Alliance:  Provided further, That 
     none of the funds made available in this Act nor any 
     unobligated balances from prior appropriations Acts may be

[[Page H7463]]

     made available to any organization or program which, as 
     determined by the President of the United States, supports or 
     participates in the management of a program of coercive 
     abortion or involuntary sterilization:  Provided further, 
     That any determination made under the previous proviso must 
     be made not later than 6 months after the date of enactment 
     of this Act, and must be accompanied by the evidence and 
     criteria utilized to make the determination:  Provided 
     further, That none of the funds made available under this Act 
     may be used to pay for the performance of abortion as a 
     method of family planning or to motivate or coerce any person 
     to practice abortions:  Provided further, That nothing in 
     this paragraph shall be construed to alter any existing 
     statutory prohibitions against abortion under section 104 of 
     the Foreign Assistance Act of 1961:  Provided further, That 
     none of the funds made available under this Act may be used 
     to lobby for or against abortion:  Provided further, That in 
     order to reduce reliance on abortion in developing nations, 
     funds shall be available only to voluntary family planning 
     projects which offer, either directly or through referral to, 
     or information about access to, a broad range of family 
     planning methods and services, and that any such voluntary 
     family planning project shall meet the following 
     requirements: (1) service providers or referral agents in the 
     project shall not implement or be subject to quotas, or other 
     numerical targets, of total number of births, number of 
     family planning acceptors, or acceptors of a particular 
     method of family planning (this provision shall not be 
     construed to include the use of quantitative estimates or 
     indicators for budgeting and planning purposes); (2) the 
     project shall not include payment of incentives, bribes, 
     gratuities, or financial reward to: (A) an individual in 
     exchange for becoming a family planning acceptor; or (B) 
     program personnel for achieving a numerical target or quota 
     of total number of births, number of family planning 
     acceptors, or acceptors of a particular method of family 
     planning; (3) the project shall not deny any right or 
     benefit, including the right of access to participate in any 
     program of general welfare or the right of access to health 
     care, as a consequence of any individual's decision not to 
     accept family planning services; (4) the project shall 
     provide family planning acceptors comprehensible information 
     on the health benefits and risks of the method chosen, 
     including those conditions that might render the use of the 
     method inadvisable and those adverse side effects known to be 
     consequent to the use of the method; and (5) the project 
     shall ensure that experimental contraceptive drugs and 
     devices and medical procedures are provided only in the 
     context of a scientific study in which participants are 
     advised of potential risks and benefits; and, not less than 
     60 days after the date on which the USAID Administrator 
     determines that there has been a violation of the 
     requirements contained in paragraph (1), (2), (3), or (5) of 
     this proviso, or a pattern or practice of violations of the 
     requirements contained in paragraph (4) of this proviso, the 
     Administrator shall submit to the Committees on 
     Appropriations a report containing a description of such 
     violation and the corrective action taken by the Agency:  
     Provided further, That in awarding grants for natural family 
     planning under section 104 of the Foreign Assistance Act of 
     1961 no applicant shall be discriminated against because of 
     such applicant's religious or conscientious commitment to 
     offer only natural family planning; and, additionally, all 
     such applicants shall comply with the requirements of the 
     previous proviso:  Provided further, That for purposes of 
     this or any other Act authorizing or appropriating funds for 
     the Department of State, foreign operations, and related 
     programs, the term ``motivate'', as it relates to family 
     planning assistance, shall not be construed to prohibit the 
     provision, consistent with local law, of information or 
     counseling about all pregnancy options:  Provided further, 
     That information provided about the use of condoms as part of 
     projects or activities that are funded from amounts 
     appropriated by this Act shall be medically accurate and 
     shall include the public health benefits and failure rates of 
     such use.
       In addition, for necessary expenses to carry out the 
     provisions of the Foreign Assistance Act of 1961 for the 
     prevention, treatment, and control of, and research on, HIV/
     AIDS, $5,930,000,000, to remain available until September 30, 
     2025, which shall be apportioned directly to the Department 
     of State not later than 60 days after enactment of this Act:  
     Provided, That funds appropriated under this paragraph may be 
     made available, notwithstanding any other provision of law, 
     except for the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), 
     for a United States contribution to the Global Fund to Fight 
     AIDS, Tuberculosis and Malaria (Global Fund):  Provided 
     further, That the amount of such contribution shall be 
     $1,560,000,000 and shall be for the second installment of the 
     sixth replenishment:  Provided further, That up to 5 percent 
     of the aggregate amount of funds made available to the Global 
     Fund in fiscal year 2021 may be made available to USAID for 
     technical assistance related to the activities of the Global 
     Fund, subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That of the 
     funds appropriated under this paragraph, up to $17,000,000 
     may be made available, in addition to amounts otherwise 
     available for such purposes, for administrative expenses of 
     the Office of the United States Global AIDS Coordinator.

                         development assistance

       For necessary expenses to carry out the provisions of 
     sections 103, 105, 106, 214, and sections 251 through 255, 
     and chapter 10 of part I of the Foreign Assistance Act of 
     1961, $3,500,000,000, to remain available until September 30, 
     2022:  Provided, That funds made available under this heading 
     shall be apportioned directly to the United States Agency for 
     International Development not later than 60 days after 
     enactment of this Act.

                   international disaster assistance

       For necessary expenses to carry out the provisions of 
     section 491 of the Foreign Assistance Act of 1961 for 
     international disaster relief, rehabilitation, and 
     reconstruction assistance, $4,395,362,000, to remain 
     available until expended, of which $1,914,041,000 is 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided, That funds made available 
     under this heading shall be apportioned to the United States 
     Agency for International Development not later than 60 days 
     after enactment of this Act.

                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance administered by 
     the Office of Transition Initiatives, United States Agency 
     for International Development, pursuant to section 491 of the 
     Foreign Assistance Act of 1961, and to support transition to 
     democracy and long-term development of countries in crisis, 
     $92,043,000, to remain available until expended:  Provided, 
     That such support may include assistance to develop, 
     strengthen, or preserve democratic institutions and 
     processes, revitalize basic infrastructure, and foster the 
     peaceful resolution of conflict:  Provided further, That the 
     USAID Administrator shall submit a report to the Committees 
     on Appropriations at least 5 days prior to beginning a new, 
     or terminating a, program of assistance:  Provided further, 
     That if the Secretary of State determines that it is 
     important to the national interest of the United States to 
     provide transition assistance in excess of the amount 
     appropriated under this heading, up to $15,000,000 of the 
     funds appropriated by this Act to carry out the provisions of 
     part I of the Foreign Assistance Act of 1961 may be used for 
     purposes of this heading and under the authorities applicable 
     to funds appropriated under this heading:  Provided further, 
     That funds made available pursuant to the previous proviso 
     shall be made available subject to prior consultation with 
     the Committees on Appropriations.

                          complex crises fund

       For necessary expenses to carry out the provisions of 
     section 509(b) of the Global Fragility Act of 2019 (title V 
     of division J of Public Law 116-94), $30,000,000, to remain 
     available until expended:  Provided, That funds appropriated 
     under this heading may be made available notwithstanding any 
     other provision of law, except sections 7007, 7008, and 7018 
     of this Act and section 620M of the Foreign Assistance Act of 
     1961:  Provided further, That funds appropriated under this 
     heading shall be apportioned to the United States Agency for 
     International Development not later than 60 days after 
     enactment of this Act.

                         economic support fund

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $3,151,963,000, to remain available until September 30, 2022.

                             democracy fund

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961 for the promotion of democracy 
     globally, including to carry out the purposes of section 
     502(b)(3) and (5) of Public Law 98-164 (22 U.S.C. 4411), 
     $190,450,000, to remain available until September 30, 2022, 
     which shall be made available for the Human Rights and 
     Democracy Fund of the Bureau of Democracy, Human Rights, and 
     Labor, Department of State, and shall be apportioned to such 
     Bureau not later than 60 days after enactment of this Act:  
     Provided, That funds appropriated under this heading that are 
     made available to the National Endowment for Democracy and 
     its core institutes are in addition to amounts otherwise 
     available by this Act for such purposes:  Provided further, 
     That the Assistant Secretary for Democracy, Human Rights, and 
     Labor, Department of State, shall consult with the Committees 
     on Appropriations prior to the initial obligation of funds 
     appropriated under this paragraph.
       For an additional amount for such purposes, $100,250,000, 
     to remain available until September 30, 2022, which shall be 
     made available for the Bureau for Development, Democracy, and 
     Innovation, United States Agency for International 
     Development, and shall be apportioned to such Bureau not 
     later than 60 days after enactment of this Act.

            assistance for europe, eurasia and central asia

       For necessary expenses to carry out the provisions of the 
     Foreign Assistance Act of 1961, the FREEDOM Support Act 
     (Public Law 102-511), and the Support for Eastern European 
     Democracy (SEED) Act of 1989 (Public Law 101-179), 
     $770,334,000, to remain available until September 30, 2022, 
     which shall be available, notwithstanding any other provision 
     of law, except section 7047 of this Act, for assistance and 
     related programs for countries identified in section 3 of the 
     FREEDOM Support Act (22 U.S.C. 5801) and section 3(c) of the 
     SEED Act of 1989 (22 U.S.C. 5402), in addition to funds 
     otherwise available for such purposes:  Provided, That funds 
     appropriated by this Act under the headings ``Global Health 
     Programs'', ``Economic Support Fund'', and ``International 
     Narcotics Control and Law Enforcement'' that are made 
     available for assistance for such countries shall be 
     administered in accordance with the responsibilities of the 
     coordinator designated pursuant to section 102 of the FREEDOM 
     Support Act and section 601 of the SEED Act of 1989:  
     Provided further, That funds appropriated under this heading 
     shall be

[[Page H7464]]

     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance:  Provided further, That funds 
     appropriated under this heading may be made available for 
     contributions to multilateral initiatives to counter hybrid 
     threats:  Provided further, That any notification of funds 
     made available under this heading in this Act or prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs shall include information 
     (if known on the date of transmittal of such notification) on 
     the use of notwithstanding authority:  Provided further, That 
     if subsequent to the notification of assistance it becomes 
     necessary to rely on notwithstanding authority, the 
     Committees on Appropriations should be informed at the 
     earliest opportunity and to the extent practicable:  Provided 
     further, That of the funds appropriated under this heading, 
     not less than $2,000,000, to remain available until expended, 
     shall be transferred to, and merged with, funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     joint dialogues in support of the Eastern Mediterranean 
     Partnership in the manner specified under this heading in 
     House Report 116-444:  Provided further, That such funds 
     shall be administered by, and under the policy direction of, 
     the coordinator designated pursuant to section 102 of the 
     FREEDOM Support Act and section 601 of the SEED Act of 1989.

                          Department of State

                    migration and refugee assistance

       For necessary expenses not otherwise provided for, to 
     enable the Secretary of State to carry out the provisions of 
     section 2(a) and (b) of the Migration and Refugee Assistance 
     Act of 1962 (22 U.S.C. 2601), and other activities to meet 
     refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980 (22 U.S.C. 3901 et seq.); allowances as 
     authorized by sections 5921 through 5925 of title 5, United 
     States Code; purchase and hire of passenger motor vehicles; 
     and services as authorized by section 3109 of title 5, United 
     States Code, $3,432,000,000, to remain available until 
     expended, of which: $1,701,417,000 is designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985; 
     not less than $35,000,000 shall be made available to respond 
     to small-scale emergency humanitarian requirements; and 
     $5,000,000 shall be made available for refugees resettling in 
     Israel.

     united states emergency refugee and migration assistance fund

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962 (22 U.S.C. 2601(c)), $100,000, to remain available until 
     expended:  Provided, That amounts in excess of the limitation 
     contained in paragraph (2) of such section shall be 
     transferred to, and merged with, funds made available by this 
     Act under the heading ``Migration and Refugee Assistance''.

                          Independent Agencies

                              peace corps

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of the 
     Peace Corps Act (22 U.S.C. 2501 et seq.), including the 
     purchase of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States, 
     $410,500,000, of which $6,330,000 is for the Office of 
     Inspector General, to remain available until September 30, 
     2022:  Provided, That the Director of the Peace Corps may 
     transfer to the Foreign Currency Fluctuations Account, as 
     authorized by section 16 of the Peace Corps Act (22 U.S.C. 
     2515), an amount not to exceed $5,000,000:  Provided further, 
     That funds transferred pursuant to the previous proviso may 
     not be derived from amounts made available for Peace Corps 
     overseas operations:  Provided further, That of the funds 
     appropriated under this heading, not to exceed $104,000 may 
     be available for representation expenses, of which not to 
     exceed $4,000 may be made available for entertainment 
     expenses:  Provided further, That in addition to the 
     requirements under section 7015(a) of this Act, the Peace 
     Corps shall consult with the Committees on Appropriations 
     prior to any decision to open, close, or suspend a domestic 
     or overseas office or a country program unless there is a 
     substantial risk to volunteers or other Peace Corps 
     personnel:  Provided further, That none of the funds 
     appropriated under this heading shall be used to pay for 
     abortions:  Provided further, That notwithstanding the 
     previous proviso, section 614 of division E of Public Law 
     113-76 shall apply to funds appropriated under this heading.

                    millennium challenge corporation

       For necessary expenses to carry out the provisions of the 
     Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) 
     (MCA), $912,000,000, to remain available until expended:  
     Provided, That of the funds appropriated under this heading, 
     up to $112,000,000 may be available for administrative 
     expenses of the Millennium Challenge Corporation:  Provided 
     further, That section 605(e) of the MCA (22 U.S.C. 7704(e)) 
     shall apply to funds appropriated under this heading:  
     Provided further, That funds appropriated under this heading 
     may be made available for a Millennium Challenge Compact 
     entered into pursuant to section 609 of the MCA (22 U.S.C. 
     7708) only if such Compact obligates, or contains a 
     commitment to obligate subject to the availability of funds 
     and the mutual agreement of the parties to the Compact to 
     proceed, the entire amount of the United States Government 
     funding anticipated for the duration of the Compact:  
     Provided further, That no country should be eligible for a 
     threshold program after such country has completed a country 
     compact:  Provided further, That of the funds appropriated 
     under this heading, not to exceed $100,000 may be available 
     for representation and entertainment expenses, of which not 
     to exceed $5,000 may be available for entertainment expenses.

                       inter-american foundation

       For necessary expenses to carry out the functions of the 
     Inter-American Foundation in accordance with the provisions 
     of section 401 of the Foreign Assistance Act of 1969, 
     $38,000,000, to remain available until September 30, 2022:  
     Provided, That of the funds appropriated under this heading, 
     not to exceed $2,000 may be available for representation 
     expenses.

              united states african development foundation

       For necessary expenses to carry out the African Development 
     Foundation Act (title V of Public Law 96-533; 22 U.S.C. 290h 
     et seq.), $33,000,000, to remain available until September 
     30, 2022, of which not to exceed $2,000 may be available for 
     representation expenses:  Provided, That funds made available 
     to grantees may be invested pending expenditure for project 
     purposes when authorized by the Board of Directors of the 
     United States African Development Foundation (USADF):  
     Provided further, That interest earned shall be used only for 
     the purposes for which the grant was made:  Provided further, 
     That notwithstanding section 505(a)(2) of the African 
     Development Foundation Act (22 U.S.C. 290h-3(a)(2)), in 
     exceptional circumstances the Board of Directors of the USADF 
     may waive the $250,000 limitation contained in that section 
     with respect to a project and a project may exceed the 
     limitation by up to 10 percent if the increase is due solely 
     to foreign currency fluctuation:  Provided further, That the 
     USADF shall submit a report to the appropriate congressional 
     committees after each time such waiver authority is 
     exercised:  Provided further, That the USADF may make rent or 
     lease payments in advance from appropriations available for 
     such purpose for offices, buildings, grounds, and quarters in 
     Africa as may be necessary to carry out its functions:  
     Provided further, That the USADF may maintain bank accounts 
     outside the United States Treasury and retain any interest 
     earned on such accounts, in furtherance of the purposes of 
     the African Development Foundation Act:  Provided further, 
     That the USADF may not withdraw any appropriation from the 
     Treasury prior to the need of spending such funds for program 
     purposes.

                       Department of the Treasury

               international affairs technical assistance

       For necessary expenses to carry out the provisions of 
     section 129 of the Foreign Assistance Act of 1961, 
     $33,000,000, to remain available until expended, of which not 
     more than $6,600,000 may be used for administrative expenses: 
      Provided, That amounts made available under this heading may 
     be made available to contract for services as described in 
     section 129(d)(3)(A) of the Foreign Assistance Act of 1961, 
     without regard to the location in which such services are 
     performed.

                           debt restructuring

       For the costs, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying loans and loan 
     guarantees, as the President may determine, for which funds 
     have been appropriated or otherwise made available for 
     programs within the International Affairs Budget Function 
     150, including the cost of selling, reducing, or canceling 
     amounts owed to the United States as a result of concessional 
     loans made to eligible countries, pursuant to part V of the 
     Foreign Assistance Act of 1961, $15,000,000, to remain 
     available until September 30, 2023.
       In addition, for the costs, as defined in section 502 of 
     the Congressional Budget Act of 1974, of modifying loans and 
     loan guarantees for Somalia or credits extended to Somalia, 
     as the President may determine, including the cost of 
     selling, reducing, or cancelling amounts owed to the United 
     States, in the event that Somalia has met the domestic and 
     internationally-agreed conditions and such modification is 
     consistent with United States law and foreign policy 
     considerations, $78,000,000, to remain available until 
     expended, which may be used notwithstanding any other 
     provision of law:  Provided, That funds made available by 
     this paragraph shall be subject to prior consultation with 
     the appropriate congressional committees and subject to the 
     regular notification procedures of the Committees on 
     Appropriations.
       In addition, for the costs, as defined in section 502 of 
     the Congressional Budget Act of 1974, of modifying loans and 
     loan guarantees for or credits extended to Sudan, 
     $111,000,000, to remain available until expended, which may 
     be used notwithstanding any other provision of law, in the 
     event Sudan meets the domestic and internationally agreed 
     conditions and the modifications are consistent with United 
     States law and foreign policy considerations.

                                TITLE IV

                   INTERNATIONAL SECURITY ASSISTANCE

                          Department of State

          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $1,385,573,000, to remain 
     available until September 30, 2022:  Provided, That the 
     Department of State may use the authority of section 608 of 
     the Foreign Assistance Act of 1961, without regard to its 
     restrictions, to receive excess property from an agency of 
     the United States Government for the purpose of providing 
     such property to a foreign country or international 
     organization under chapter 8 of part I of such Act, subject 
     to the regular notification procedures of the

[[Page H7465]]

     Committees on Appropriations:  Provided further, That section 
     482(b) of the Foreign Assistance Act of 1961 shall not apply 
     to funds appropriated under this heading, except that any 
     funds made available notwithstanding such section shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That funds 
     appropriated under this heading shall be made available to 
     support training and technical assistance for foreign law 
     enforcement, corrections, judges, and other judicial 
     authorities, utilizing regional partners:  Provided further, 
     That funds made available under this heading that are 
     transferred to another department, agency, or instrumentality 
     of the United States Government pursuant to section 632(b) of 
     the Foreign Assistance Act of 1961 valued in excess of 
     $5,000,000, and any agreement made pursuant to section 632(a) 
     of such Act, shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That funds made available under this heading for 
     Program Development and Support may be made available 
     notwithstanding pre-obligation requirements contained in this 
     Act, except for the notification requirements of section 
     7015.

    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $889,247,000, to remain available until September 30, 2022, 
     to carry out the provisions of chapter 8 of part II of the 
     Foreign Assistance Act of 1961 for anti-terrorism assistance, 
     chapter 9 of part II of the Foreign Assistance Act of 1961, 
     section 504 of the FREEDOM Support Act (22 U.S.C. 5854), 
     section 23 of the Arms Export Control Act (22 U.S.C. 2763), 
     or the Foreign Assistance Act of 1961 for demining 
     activities, the clearance of unexploded ordnance, the 
     destruction of small arms, and related activities, 
     notwithstanding any other provision of law, including 
     activities implemented through nongovernmental and 
     international organizations, and section 301 of the Foreign 
     Assistance Act of 1961 for a United States contribution to 
     the Comprehensive Nuclear Test Ban Treaty Preparatory 
     Commission, and for a voluntary contribution to the 
     International Atomic Energy Agency (IAEA):  Provided, That 
     funds made available under this heading for the 
     Nonproliferation and Disarmament Fund shall be made 
     available, notwithstanding any other provision of law and 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations, 
     to promote bilateral and multilateral activities relating to 
     nonproliferation, disarmament, and weapons destruction, and 
     shall remain available until expended:  Provided further, 
     That such funds may also be used for such countries other 
     than the Independent States of the former Soviet Union and 
     international organizations when it is in the national 
     security interest of the United States to do so:  Provided 
     further, That funds appropriated under this heading may be 
     made available for the IAEA unless the Secretary of State 
     determines that Israel is being denied its right to 
     participate in the activities of that Agency:  Provided 
     further, That funds made available for conventional weapons 
     destruction programs, including demining and related 
     activities, in addition to funds otherwise available for such 
     purposes, may be used for administrative expenses related to 
     the operation and management of such programs and activities, 
     subject to the regular notification procedures of the 
     Committees on Appropriations.

                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $440,759,000, of which $325,213,000, to remain available 
     until September 30, 2022, is designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985:  Provided, That 
     funds appropriated under this heading may be used, 
     notwithstanding section 660 of the Foreign Assistance Act of 
     1961, to provide assistance to enhance the capacity of 
     foreign civilian security forces, including gendarmes, to 
     participate in peacekeeping operations:  Provided further, 
     That of the funds appropriated under this heading, not less 
     than $25,000,000 shall be made available for a United States 
     contribution to the Multinational Force and Observers mission 
     in the Sinai and not less than $71,000,000 shall be made 
     available for the Global Peace Operations Initiative:  
     Provided further, That funds appropriated under this heading 
     may be made available to pay assessed expenses of 
     international peacekeeping activities in Somalia under the 
     same terms and conditions, as applicable, as funds 
     appropriated by this Act under the heading ``Contributions 
     for International Peacekeeping Activities'':  Provided 
     further, That none of the funds appropriated under this 
     heading shall be obligated except as provided through the 
     regular notification procedures of the Committees on 
     Appropriations.

                  Funds Appropriated to the President

             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $112,925,000, of which up to $56,463,000 may remain available 
     until September 30, 2022:  Provided, That the civilian 
     personnel for whom military education and training may be 
     provided under this heading may include civilians who are not 
     members of a government whose participation would contribute 
     to improved civil-military relations, civilian control of the 
     military, or respect for human rights:  Provided further, 
     That of the funds appropriated under this heading, up to 
     $3,000,000 may remain available until expended to increase 
     the participation of women in programs and activities funded 
     under this heading, following consultation with, and the 
     regular notification procedures of, the Committees on 
     Appropriations:  Provided further, That of the funds 
     appropriated under this heading, not to exceed $50,000 may be 
     available for entertainment expenses.

                   foreign military financing program

       For necessary expenses for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act (22 U.S.C. 2763), $6,175,524,000, of which 
     $576,909,000, to remain available until September 30, 2022, 
     is designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985:  Provided, That to expedite the 
     provision of assistance to foreign countries and 
     international organizations, the Secretary of State, 
     following consultation with the Committees on Appropriations 
     and subject to the regular notification procedures of such 
     Committees, may use the funds appropriated under this heading 
     to procure defense articles and services to enhance the 
     capacity of foreign security forces:  Provided further, That 
     of the funds appropriated under this heading, not less than 
     $3,300,000,000 shall be available for grants only for Israel 
     which shall be disbursed within 30 days of enactment of this 
     Act:  Provided further, That to the extent that the 
     Government of Israel requests that funds be used for such 
     purposes, grants made available for Israel under this heading 
     shall, as agreed by the United States and Israel, be 
     available for advanced weapons systems, of which not less 
     than $795,300,000 shall be available for the procurement in 
     Israel of defense articles and defense services, including 
     research and development:  Provided further, That funds 
     appropriated or otherwise made available under this heading 
     shall be nonrepayable notwithstanding any requirement in 
     section 23 of the Arms Export Control Act:  Provided further, 
     That funds made available under this heading shall be 
     obligated upon apportionment in accordance with paragraph 
     (5)(C) of section 1501(a) of title 31, United States Code.
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurement has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurement may be financed with such funds:  
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 7015 of this Act:  
     Provided further, That funds made available under this 
     heading may be used, notwithstanding any other provision of 
     law, for demining, the clearance of unexploded ordnance, and 
     related activities, and may include activities implemented 
     through nongovernmental and international organizations:  
     Provided further, That only those countries for which 
     assistance was justified for the ``Foreign Military Sales 
     Financing Program'' in the fiscal year 1989 congressional 
     presentation for security assistance programs may utilize 
     funds made available under this heading for procurement of 
     defense articles, defense services, or design and 
     construction services that are not sold by the United States 
     Government under the Arms Export Control Act:  Provided 
     further, That funds appropriated under this heading shall be 
     expended at the minimum rate necessary to make timely payment 
     for defense articles and services:  Provided further, That 
     not more than $70,000,000 of the funds appropriated under 
     this heading may be obligated for necessary expenses, 
     including the purchase of passenger motor vehicles for 
     replacement only for use outside of the United States, for 
     the general costs of administering military assistance and 
     sales, except that this limitation may be exceeded only 
     through the regular notification procedures of the Committees 
     on Appropriations:  Provided further, That of the funds made 
     available under this heading for general costs of 
     administering military assistance and sales, not to exceed 
     $4,000 may be available for entertainment expenses and not to 
     exceed $130,000 may be available for representation expenses: 
      Provided further, That not more than $1,137,000,000 of funds 
     realized pursuant to section 21(e)(1)(A) of the Arms Export 
     Control Act (22 U.S.C. 2761(e)(1)(A)) may be obligated for 
     expenses incurred by the Department of Defense during fiscal 
     year 2021 pursuant to section 43(b) of the Arms Export 
     Control Act (22 U.S.C. 2792(b)), except that this limitation 
     may be exceeded only through the regular notification 
     procedures of the Committees on Appropriations.

                                TITLE V

                        MULTILATERAL ASSISTANCE

                  Funds Appropriated to the President

                international organizations and programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, 
     $387,500,000:  Provided, That section 307(a) of the Foreign 
     Assistance Act of 1961 shall not apply to contributions to 
     the United Nations Democracy Fund:  Provided further, That 
     not later than 60 days after enactment of this Act, such 
     funds shall be made available for core contributions for each 
     entity listed in the table under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act) unless 
     otherwise provided for in this Act, or if the Secretary of 
     State has justified to the Committees on Appropriations the 
     proposed uses of funds other than for core contributions 
     following prior consultation with, and subject to the regular 
     notification procedures of, such Committees.

[[Page H7466]]

  


                  International Financial Institutions

                      global environment facility

       For payment to the International Bank for Reconstruction 
     and Development as trustee for the Global Environment 
     Facility by the Secretary of the Treasury, $139,575,000, to 
     remain available until, and to be fully disbursed not later 
     than, September 30, 2022:  Provided, That of such amount, 
     $136,563,000, which shall remain available until September 
     30, 2021, is only available for the third installment of the 
     seventh replenishment of the Global Environment Facility, and 
     shall be obligated and disbursed not later than 90 days after 
     enactment of this Act:  Provided further, That the Secretary 
     shall report to the Committees on Appropriations on the 
     status of funds provided under this heading not less than 
     quarterly until fully disbursed:  Provided further, That in 
     such report the Secretary shall provide a timeline for the 
     obligation and disbursement of any funds that have not yet 
     been obligated or disbursed.

     contribution to the international bank for reconstruction and 
                              development

       For payment to the International Bank for Reconstruction 
     and Development by the Secretary of the Treasury for the 
     United States share of the paid-in portion of the increases 
     in capital stock, $206,500,000, to remain available until 
     expended.

              limitation on callable capital subscriptions

       The United States Governor of the International Bank for 
     Reconstruction and Development may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of increases in capital stock in an amount not 
     to exceed $1,421,275,728.70.

       contribution to the international development association

       For payment to the International Development Association by 
     the Secretary of the Treasury, $1,001,400,000, to remain 
     available until expended.

               contribution to the asian development fund

       For payment to the Asian Development Bank's Asian 
     Development Fund by the Secretary of the Treasury, 
     $47,395,000, to remain available until expended.

              contribution to the african development bank

       For payment to the African Development Bank by the 
     Secretary of the Treasury for the United States share of the 
     paid-in portion of the increases in capital stock, 
     $54,648,752, to remain available until expended.

              limitation on callable capital subscriptions

       The United States Governor of the African Development Bank 
     may subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of increases in 
     capital stock in an amount not to exceed $856,174,624.

              contribution to the african development fund

       For payment to the African Development Fund by the 
     Secretary of the Treasury, $171,300,000, to remain available 
     until expended.

          contribution to the north american development bank

              limitation on callable capital subscriptions

       The Secretary of the Treasury may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of capital stock in an amount not to exceed 
     $1,020,000,000:  Provided, That such authority is in addition 
     to any other authority otherwise available in this Act and 
     under any other provision of law.

  contribution to the international fund for agricultural development

       For payment to the International Fund for Agricultural 
     Development by the Secretary of the Treasury, $32,500,000, to 
     remain available until, and to be fully disbursed not later 
     than, September 30, 2022, for the third installment of the 
     eleventh replenishment of the International Fund for 
     Agricultural Development:  Provided, That the Secretary of 
     the Treasury shall report to the Committees on Appropriations 
     on the status of such payment not less than quarterly until 
     fully disbursed:  Provided further, That in such report the 
     Secretary shall provide a timeline for the obligation and 
     disbursement of any funds that have not yet been obligated or 
     disbursed.

                                TITLE VI

                    EXPORT AND INVESTMENT ASSISTANCE

                Export-import Bank of the United States

                           inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $6,500,000, of which up to $975,000 
     may remain available until September 30, 2022.

                            program account

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 9104 of title 31, United States Code, as 
     may be necessary in carrying out the program for the current 
     fiscal year for such corporation:  Provided, That none of the 
     funds available during the current fiscal year may be used to 
     make expenditures, contracts, or commitments for the export 
     of nuclear equipment, fuel, or technology to any country, 
     other than a nuclear-weapon state as defined in Article IX of 
     the Treaty on the Non-Proliferation of Nuclear Weapons 
     eligible to receive economic or military assistance under 
     this Act, that has detonated a nuclear explosive after the 
     date of enactment of this Act.

                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs, including hire of 
     passenger motor vehicles and services as authorized by 
     section 3109 of title 5, United States Code, and not to 
     exceed $30,000 for official reception and representation 
     expenses for members of the Board of Directors, not to exceed 
     $110,000,000, of which up to $16,500,000 may remain available 
     until September 30, 2022:  Provided, That the Export-Import 
     Bank (the Bank) may accept, and use, payment or services 
     provided by transaction participants for legal, financial, or 
     technical services in connection with any transaction for 
     which an application for a loan, guarantee or insurance 
     commitment has been made:  Provided further, That 
     notwithstanding subsection (b) of section 117 of the Export 
     Enhancement Act of 1992, subsection (a) of such section shall 
     remain in effect until September 30, 2021:  Provided further, 
     That the Bank shall charge fees for necessary expenses 
     (including special services performed on a contract or fee 
     basis, but not including other personal services) in 
     connection with the collection of moneys owed the Bank, 
     repossession or sale of pledged collateral or other assets 
     acquired by the Bank in satisfaction of moneys owed the Bank, 
     or the investigation or appraisal of any property, or the 
     evaluation of the legal, financial, or technical aspects of 
     any transaction for which an application for a loan, 
     guarantee or insurance commitment has been made, or systems 
     infrastructure directly supporting transactions:  Provided 
     further, That in addition to other funds appropriated for 
     administrative expenses, such fees shall be credited to this 
     account for such purposes, to remain available until 
     expended.

                           receipts collected

       Receipts collected pursuant to the Export-Import Bank Act 
     of 1945 (Public Law 79-173) and the Federal Credit Reform Act 
     of 1990, in an amount not to exceed the amount appropriated 
     herein, shall be credited as offsetting collections to this 
     account:  Provided, That the sums herein appropriated from 
     the General Fund shall be reduced on a dollar-for-dollar 
     basis by such offsetting collections so as to result in a 
     final fiscal year appropriation from the General Fund 
     estimated at $0.

      United States International Development Finance Corporation

                           inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978 (5 U.S.C. App.), $2,000,000, to remain available 
     until September 30, 2022.

                       corporate capital account

       The United States International Development Finance 
     Corporation (the Corporation) is authorized to make such 
     expenditures and commitments within the limits of funds and 
     borrowing authority available to the Corporation, and in 
     accordance with the law, and to make such expenditures and 
     commitments without regard to fiscal year limitations, as 
     provided by section 9104 of title 31, United States Code, as 
     may be necessary in carrying out the programs for the current 
     fiscal year for the Corporation:  Provided, That for 
     necessary expenses of the activities described in subsections 
     (b), (c), (e), (f), and (g) of section 1421 of the BUILD Act 
     of 2018 (division F of Public Law 115-254) and for 
     administrative expenses to carry out authorized activities 
     and project-specific transaction costs described in section 
     1434(d) of such Act, $569,000,000:  Provided further, That of 
     the amount provided--
       (1) $119,000,000 shall remain available until September 30, 
     2023, for administrative expenses to carry out authorized 
     activities (including an amount for official reception and 
     representation expenses which shall not exceed $25,000) and 
     project-specific transaction costs as described in section 
     1434(k) of such Act, of which $1,000,000 shall remain 
     available until September 30, 2025;
       (2) $450,000,000 shall remain available until September 30, 
     2023, for the activities described in subsections (b), (c), 
     (e), (f), and (g) of section 1421 of the BUILD Act of 2018, 
     except such amounts obligated in a fiscal year for activities 
     described in section 1421(c) of such Act shall remain 
     available for disbursement for the term of the underlying 
     project:  Provided further, That if the term of the project 
     extends longer than 10 fiscal years, the Chief Executive 
     Officer of the Corporation shall inform the appropriate 
     congressional committees prior to the obligation or 
     disbursement of funds, as applicable:  Provided further, That 
     amounts made available under this paragraph may be paid to 
     the ``United States International Development Finance 
     Corporation--Program Account'' for programs authorized by 
     subsections (b), (e), (f), and (g) of section 1421 of the 
     BUILD Act of 2018:
       Provided further, That funds may only be obligated pursuant 
     to section 1421(g) of the BUILD Act of 2018 subject to prior 
     consultation with the appropriate congressional committees 
     and the regular notification procedures of the Committees on 
     Appropriations:  Provided further, That in fiscal year 2021 
     collections of amounts described in section 1434(h) of the 
     BUILD Act of 2018 shall be credited as offsetting collections 
     to this appropriation:  Provided further, That such 
     collections collected in fiscal year 2021 in excess of 
     $569,000,000 shall be credited to this account and shall be 
     available in future fiscal years only to the extent provided 
     in advance in appropriations Acts:  Provided further, That in 
     fiscal year 2021, if such collections are less than 
     $569,000,000, receipts collected pursuant to the BUILD Act of 
     2018 and the Federal Credit Reform Act of 1990, in an amount 
     equal to such shortfall, shall be credited as offsetting 
     collections to this appropriation:  Provided further,

[[Page H7467]]

     That funds appropriated or otherwise made available under 
     this heading may not be used to provide any type of 
     assistance that is otherwise prohibited by any other 
     provision of law or to provide assistance to any foreign 
     country that is otherwise prohibited by any other provision 
     of law:  Provided further, That the sums herein appropriated 
     from the General Fund shall be reduced on a dollar-for-dollar 
     basis by the offsetting collections described under this 
     heading so as to result in a final fiscal year appropriation 
     from the General Fund estimated at $191,000,000.

                            program account

       Amounts paid from ``United States International Development 
     Finance Corporation--Corporate Capital Account'' (CCA) shall 
     remain available until September 30, 2023:  Provided, That up 
     to $500,000,000 of amounts paid to this account from CCA or 
     transferred to this account pursuant to section 1434(j) of 
     the BUILD Act of 2018 (division F of Public Law 115-254) 
     shall be available for the costs of direct and guaranteed 
     loans provided by the Corporation pursuant to section 1421(b) 
     of such Act:  Provided further, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974:  
     Provided further, That such amounts obligated in a fiscal 
     year shall remain available for disbursement for the 
     following 8 fiscal years:  Provided further, That funds 
     transferred to carry out the Foreign Assistance Act of 1961 
     pursuant to section 1434(j) of the BUILD Act of 2018 may 
     remain available for obligation for 1 additional fiscal year: 
      Provided further, That the total loan principal or 
     guaranteed principal amount shall not exceed $8,000,000,000.

                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $79,500,000, to remain available until September 30, 2022, of 
     which no more than $19,000,000 may be used for administrative 
     expenses:  Provided, That of the funds appropriated under 
     this heading, not more than $5,000 may be available for 
     representation and entertainment expenses.

                               TITLE VII

                           GENERAL PROVISIONS

                      allowances and differentials

       Sec. 7001.  Funds appropriated under title I of this Act 
     shall be available, except as otherwise provided, for 
     allowances and differentials as authorized by subchapter 59 
     of title 5, United States Code; for services as authorized by 
     section 3109 of such title and for hire of passenger 
     transportation pursuant to section 1343(b) of title 31, 
     United States Code.

                      unobligated balances report

       Sec. 7002.  Any department or agency of the United States 
     Government to which funds are appropriated or otherwise made 
     available by this Act shall provide to the Committees on 
     Appropriations a quarterly accounting of cumulative 
     unobligated balances and obligated, but unexpended, balances 
     by program, project, and activity, and Treasury Account Fund 
     Symbol of all funds received by such department or agency in 
     fiscal year 2021 or any previous fiscal year, disaggregated 
     by fiscal year:  Provided, That the report required by this 
     section shall be submitted not later than 30 days after the 
     end of each fiscal quarter and should specify by account the 
     amount of funds obligated pursuant to bilateral agreements 
     which have not been further sub-obligated.

                          consulting services

       Sec. 7003.  The expenditure of any appropriation under 
     title I of this Act for any consulting service through 
     procurement contract, pursuant to section 3109 of title 5, 
     United States Code, shall be limited to those contracts where 
     such expenditures are a matter of public record and available 
     for public inspection, except where otherwise provided under 
     existing law, or under existing Executive order issued 
     pursuant to existing law.

                         diplomatic facilities

       Sec. 7004. (a) Capital Security Cost Sharing Exception.--
     Notwithstanding paragraph (2) of section 604(e) of the Secure 
     Embassy Construction and Counterterrorism Act of 1999 (title 
     VI of division A of H.R. 3427, as enacted into law by section 
     1000(a)(7) of Public Law 106-113 and contained in appendix G 
     of that Act), as amended by section 111 of the Department of 
     State Authorities Act, Fiscal Year 2017 (Public Law 114-323), 
     a project to construct a facility of the United States may 
     include office space or other accommodations for members of 
     the United States Marine Corps.
       (b) New Diplomatic Facilities.--For the purposes of 
     calculating the fiscal year 2021 costs of providing new 
     United States diplomatic facilities in accordance with 
     section 604(e) of the Secure Embassy Construction and 
     Counterterrorism Act of 1999 (22 U.S.C. 4865 note), the 
     Secretary of State, in consultation with the Director of the 
     Office of Management and Budget, shall determine the annual 
     program level and agency shares in a manner that is 
     proportional to the contribution of the Department of State 
     for this purpose.
       (c) Consultation and Notification.--Funds appropriated by 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, which may be made available for the acquisition of 
     property or award of construction contracts for overseas 
     United States diplomatic facilities during fiscal year 2021, 
     shall be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations: 
      Provided, That notifications pursuant to this subsection 
     shall include the information enumerated under the heading 
     ``Embassy Security, Construction, and Maintenance'' in House 
     Report 116-444.
       (d) Interim and Temporary Facilities Abroad.--
       (1) Security vulnerabilities.--Funds appropriated by this 
     Act under the heading ``Embassy Security, Construction, and 
     Maintenance'' may be made available, following consultation 
     with the appropriate congressional committees, to address 
     security vulnerabilities at interim and temporary United 
     States diplomatic facilities abroad, including physical 
     security upgrades and local guard staffing, except that the 
     amount of funds made available for such purposes from this 
     Act and prior Acts making appropriations for the Department 
     of State, foreign operations, and related programs shall be a 
     minimum of $25,000,000.
       (2) Consultation.--Notwithstanding any other provision of 
     law, the opening, closure, or any significant modification to 
     an interim or temporary United States diplomatic facility 
     shall be subject to prior consultation with the appropriate 
     congressional committees and the regular notification 
     procedures of the Committees on Appropriations, except that 
     such consultation and notification may be waived if there is 
     a security risk to personnel.
       (e) Soft Targets.--Of the funds appropriated by this Act 
     under the heading ``Embassy Security, Construction, and 
     Maintenance'', not less than $10,000,000 shall be made 
     available for security upgrades to soft targets, including 
     schools, recreational facilities, and residences used by 
     United States diplomatic personnel and their dependents.

                           personnel actions

       Sec. 7005.  Any costs incurred by a department or agency 
     funded under title I of this Act resulting from personnel 
     actions taken in response to funding reductions included in 
     this Act shall be absorbed within the total budgetary 
     resources available under title I to such department or 
     agency:  Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act:  Provided further, That use 
     of funds to carry out this section shall be treated as a 
     reprogramming of funds under section 7015 of this Act.

                 prohibition on publicity or propaganda

       Sec. 7006.  No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before enactment of this Act 
     by Congress:  Provided, That up to $25,000 may be made 
     available to carry out the provisions of section 316 of the 
     International Security and Development Cooperation Act of 
     1980 (Public Law 96-533; 22 U.S.C. 2151a note).

        prohibition against direct funding for certain countries

       Sec. 7007.  None of the funds appropriated or otherwise 
     made available pursuant to titles III through VI of this Act 
     shall be obligated or expended to finance directly any 
     assistance or reparations for the governments of Cuba, North 
     Korea, Iran, or Syria:  Provided, That for purposes of this 
     section, the prohibition on obligations or expenditures shall 
     include direct loans, credits, insurance, and guarantees of 
     the Export-Import Bank or its agents.

                              coups d'etat

       Sec. 7008.  None of the funds appropriated or otherwise 
     made available pursuant to titles III through VI of this Act 
     shall be obligated or expended to finance directly any 
     assistance to the government of any country whose duly 
     elected head of government is deposed by military coup d'etat 
     or decree or, after the date of enactment of this Act, a coup 
     d'etat or decree in which the military plays a decisive role: 
      Provided, That assistance may be resumed to such government 
     if the Secretary of State certifies and reports to the 
     appropriate congressional committees that subsequent to the 
     termination of assistance a democratically elected government 
     has taken office:  Provided further, That the provisions of 
     this section shall not apply to assistance to promote 
     democratic elections or public participation in democratic 
     processes:  Provided further, That funds made available 
     pursuant to the previous provisos shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.

                      transfer of funds authority

       Sec. 7009. (a) Department of State and United States Agency 
     for Global Media.--
       (1) Department of state.--
       (A) In general.--Not to exceed 5 percent of any 
     appropriation made available for the current fiscal year for 
     the Department of State under title I of this Act may be 
     transferred between, and merged with, such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers, and no such transfer may be made to increase 
     the appropriation under the heading ``Representation 
     Expenses''.
       (B) Embassy security.--Funds appropriated under the 
     headings ``Diplomatic Programs'', including for Worldwide 
     Security Protection, ``Embassy Security, Construction, and 
     Maintenance'', and ``Emergencies in the Diplomatic and 
     Consular Service'' in this Act may be transferred to, and 
     merged with, funds appropriated under such headings if the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that to do so is necessary to implement the 
     recommendations of the Benghazi Accountability Review Board, 
     for emergency evacuations, or to prevent or respond to 
     security situations and requirements, following consultation 
     with, and subject to the regular notification procedures of, 
     such Committees:  Provided, That such transfer authority is 
     in addition to any transfer authority otherwise available in 
     this Act and under any other provision of law.
       (2) United states agency for global media.--Not to exceed 5 
     percent of any appropriation made available for the current 
     fiscal

[[Page H7468]]

     year for the United States Agency for Global Media under 
     title I of this Act may be transferred between, and merged 
     with, such appropriations, but no such appropriation, except 
     as otherwise specifically provided, shall be increased by 
     more than 10 percent by any such transfers.
       (3) Treatment as reprogramming.--Any transfer pursuant to 
     this subsection shall be treated as a reprogramming of funds 
     under section 7015 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       (b) Limitation on Transfers of Funds Between Agencies.--
       (1) In general.--None of the funds made available under 
     titles II through V of this Act may be transferred to any 
     department, agency, or instrumentality of the United States 
     Government, except pursuant to a transfer made by, or 
     transfer authority provided in, this Act or any other 
     appropriations Act.
       (2) Allocation and transfers.--Notwithstanding paragraph 
     (1), in addition to transfers made by, or authorized 
     elsewhere in, this Act, funds appropriated by this Act to 
     carry out the purposes of the Foreign Assistance Act of 1961 
     may be allocated or transferred to agencies of the United 
     States Government pursuant to the provisions of sections 109, 
     610, and 632 of the Foreign Assistance Act of 1961, and 
     section 1434(j) of the BUILD Act of 2018 (division F of 
     Public Law 115-254).
       (3) Notification.--Any agreement entered into by the United 
     States Agency for International Development or the Department 
     of State with any department, agency, or instrumentality of 
     the United States Government pursuant to section 632(b) of 
     the Foreign Assistance Act of 1961 valued in excess of 
     $1,000,000 and any agreement made pursuant to section 632(a) 
     of such Act, with funds appropriated by this Act or prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the headings 
     ``Global Health Programs'', ``Development Assistance'', 
     ``Economic Support Fund'', and ``Assistance for Europe, 
     Eurasia and Central Asia'' shall be subject to the regular 
     notification procedures of the Committees on Appropriations:  
     Provided, That the requirement in the previous sentence shall 
     not apply to agreements entered into between USAID and the 
     Department of State.
       (c) Limitation on United States International Development 
     Finance Corporation.--Amounts transferred pursuant to section 
     1434(j) of the BUILD Act of 2018 (division F of Public Law 
     115-254) may only be transferred from funds made available 
     under title III of this Act, and such amounts shall not 
     exceed $50,000,000:  Provided, That any such transfers shall 
     be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations: 
      Provided further, That the Secretary of State, the 
     Administrator of the United States Agency for International 
     Development, and the Chief Executive Officer of the United 
     States International Development Finance Corporation (the 
     Corporation), as appropriate, shall ensure that the programs 
     funded by such transfers are coordinated with, and 
     complement, foreign assistance programs implemented by the 
     Department of State and USAID:  Provided further, That no 
     funds transferred pursuant to such authority may be used by 
     the Corporation to post personnel abroad or for activities 
     described in section 1421(c) of the BUILD Act of 2018.
       (d) Transfer of Funds Between Accounts.--None of the funds 
     made available under titles II through V of this Act may be 
     obligated under an appropriations account to which such funds 
     were not appropriated, except for transfers specifically 
     provided for in this Act, unless the President, not less than 
     5 days prior to the exercise of any authority contained in 
     the Foreign Assistance Act of 1961 to transfer funds, 
     consults with and provides a written policy justification to 
     the Committees on Appropriations.
       (e) Audit of Inter-Agency Transfers of Funds.--Any 
     agreement for the transfer or allocation of funds 
     appropriated by this Act or prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs entered into between the Department of State or 
     USAID and another agency of the United States Government 
     under the authority of section 632(a) of the Foreign 
     Assistance Act of 1961, or any comparable provision of law, 
     shall expressly provide that the Inspector General (IG) for 
     the agency receiving the transfer or allocation of such 
     funds, or other entity with audit responsibility if the 
     receiving agency does not have an IG, shall perform periodic 
     program and financial audits of the use of such funds and 
     report to the Department of State or USAID, as appropriate, 
     upon completion of such audits:  Provided, That such audits 
     shall be transmitted to the Committees on Appropriations by 
     the Department of State or USAID, as appropriate:  Provided 
     further, That funds transferred under such authority may be 
     made available for the cost of such audits.
       (f) Transfer of Overseas Contingency Operations/Global War 
     on Terrorism Funds.--Funds appropriated by this Act under the 
     headings ``Peacekeeping Operations'' and ``Foreign Military 
     Financing Program'' that are designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 may be transferred 
     to, and merged with, such funds appropriated under such 
     headings:  Provided, That such transfer authority may only be 
     exercised to address contingencies:  Provided further, That 
     such transfer authority is in addition to any transfer 
     authority otherwise available under any other provision of 
     law, including section 610 of the Foreign Assistance Act of 
     1961:  Provided further, That such transfer authority shall 
     be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.

             prohibition and limitation on certain expenses

       Sec. 7010. (a) First-Class Travel.--None of the funds made 
     available by this Act may be used for first-class travel by 
     employees of United States Government departments and 
     agencies funded by this Act in contravention of section 301-
     10.122 through 301-10.124 of title 41, Code of Federal 
     Regulations.
       (b) Computer Networks.--None of the funds made available by 
     this Act for the operating expenses of any United States 
     Government department or agency may be used to establish or 
     maintain a computer network for use by such department or 
     agency unless such network has filters designed to block 
     access to sexually explicit websites:  Provided, That nothing 
     in this subsection shall limit the use of funds necessary for 
     any Federal, State, tribal, or local law enforcement agency, 
     or any other entity carrying out the following activities: 
     criminal investigations, prosecutions, and adjudications; 
     administrative discipline; and the monitoring of such 
     websites undertaken as part of official business.
       (c) Prohibition on Promotion of Tobacco.--None of the funds 
     made available by this Act shall be available to promote the 
     sale or export of tobacco or tobacco products (including 
     electronic nicotine delivery systems), or to seek the 
     reduction or removal by any foreign country of restrictions 
     on the marketing of tobacco or tobacco products (including 
     electronic nicotine delivery systems), except for 
     restrictions which are not applied equally to all tobacco or 
     tobacco products (including electronic nicotine delivery 
     systems) of the same type.
       (d) Email Servers Outside the .gov Domain.--None of the 
     funds appropriated by this Act under the headings 
     ``Diplomatic Programs'' and ``Capital Investment Fund'' in 
     title I, and ``Operating Expenses'' and ``Capital Investment 
     Fund'' in title II that are made available to the Department 
     of State and the United States Agency for International 
     Development may be made available to support the use or 
     establishment of email accounts or email servers created 
     outside the .gov domain or not fitted for automated records 
     management as part of a Federal government records management 
     program in contravention of the Presidential and Federal 
     Records Act Amendments of 2014 (Public Law 113-187).
       (e) Representation and Entertainment Expenses.--Each 
     Federal department, agency, or entity funded in titles I or 
     II of this Act, and the Department of the Treasury and 
     independent agencies funded in titles III or VI of this Act, 
     shall take steps to ensure that domestic and overseas 
     representation and entertainment expenses further official 
     agency business and United States foreign policy interests, 
     and--
       (1) are primarily for fostering relations outside of the 
     Executive Branch;
       (2) are principally for meals and events of a protocol 
     nature;
       (3) are not for employee-only events; and
       (4) do not include activities that are substantially of a 
     recreational character.
       (f) Limitations on Entertainment Expenses.--None of the 
     funds appropriated or otherwise made available by this Act 
     under the headings ``International Military Education and 
     Training'' or ``Foreign Military Financing Program'' for 
     Informational Program activities or under the headings 
     ``Global Health Programs'', ``Development Assistance'', 
     ``Economic Support Fund'', and ``Assistance for Europe, 
     Eurasia and Central Asia'' may be obligated or expended to 
     pay for--
       (1) alcoholic beverages; or
       (2) entertainment expenses for activities that are 
     substantially of a recreational character, including entrance 
     fees at sporting events, theatrical and musical productions, 
     and amusement parks.

                         availability of funds

       Sec. 7011.  No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided by this Act:  Provided, That funds appropriated for 
     the purposes of chapters 1 and 8 of part I, section 661, 
     chapters 4, 5, 6, 8, and 9 of part II of the Foreign 
     Assistance Act of 1961, section 23 of the Arms Export Control 
     Act (22 U.S.C. 2763), and funds made available for ``United 
     States International Development Finance Corporation'' and 
     under the heading ``Assistance for Europe, Eurasia and 
     Central Asia'' shall remain available for an additional 4 
     years from the date on which the availability of such funds 
     would otherwise have expired, if such funds are initially 
     obligated before the expiration of their respective periods 
     of availability contained in this Act:  Provided further, 
     That notwithstanding any other provision of this Act, any 
     funds made available for the purposes of chapter 1 of part I 
     and chapter 4 of part II of the Foreign Assistance Act of 
     1961 which are allocated or obligated for cash disbursements 
     in order to address balance of payments or economic policy 
     reform objectives, shall remain available for an additional 4 
     years from the date on which the availability of such funds 
     would otherwise have expired, if such funds are initially 
     allocated or obligated before the expiration of their 
     respective periods of availability contained in this Act:  
     Provided further, That the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development shall provide a report to the Committees on 
     Appropriations not later than October 31, 2021, detailing by 
     account and source year, the use of this authority during the 
     previous fiscal year.

[[Page H7469]]

  


            limitation on assistance to countries in default

       Sec. 7012.  No part of any appropriation provided under 
     titles III through VI in this Act shall be used to furnish 
     assistance to the government of any country which is in 
     default during a period in excess of 1 calendar year in 
     payment to the United States of principal or interest on any 
     loan made to the government of such country by the United 
     States pursuant to a program for which funds are appropriated 
     under this Act unless the President determines, following 
     consultation with the Committees on Appropriations, that 
     assistance for such country is in the national interest of 
     the United States.

          prohibition on taxation of united states assistance

       Sec. 7013. (a) Prohibition on Taxation.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     made available to provide assistance for a foreign country 
     under a new bilateral agreement governing the terms and 
     conditions under which such assistance is to be provided 
     unless such agreement includes a provision stating that 
     assistance provided by the United States shall be exempt from 
     taxation, or reimbursed, by the foreign government, and the 
     Secretary of State and the Administrator of the United States 
     Agency for International Development shall expeditiously seek 
     to negotiate amendments to existing bilateral agreements, as 
     necessary, to conform with this requirement.
       (b) Notification and Reimbursement of Foreign Taxes.--An 
     amount equivalent to 200 percent of the total taxes assessed 
     during fiscal year 2021 on funds appropriated by this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs by a foreign 
     government or entity against United States assistance 
     programs, either directly or through grantees, contractors, 
     and subcontractors, shall be withheld from obligation from 
     funds appropriated for assistance for fiscal year 2022 and 
     for prior fiscal years and allocated for the central 
     government of such country or for the West Bank and Gaza 
     program, as applicable, if, not later than September 30, 
     2022, such taxes have not been reimbursed:  Provided, That 
     the Secretary of State shall report to the Committees on 
     Appropriations not later than 30 days after enactment of this 
     Act and then quarterly thereafter until September 30, 2021, 
     on the foreign governments and entities that have not 
     reimbursed such taxes, including any amount of funds withheld 
     pursuant to this subsection.
       (c) De Minimis Exception.--Foreign taxes of a de minimis 
     nature shall not be subject to the provisions of subsection 
     (b).
       (d) Reprogramming of Funds.--Funds withheld from obligation 
     for each foreign government or entity pursuant to subsection 
     (b) shall be reprogrammed for assistance for countries which 
     do not assess taxes on United States assistance or which have 
     an effective arrangement that is providing substantial 
     reimbursement of such taxes, and that can reasonably 
     accommodate such assistance in a programmatically responsible 
     manner.
       (e) Determinations.--
       (1) In general.--The provisions of this section shall not 
     apply to any foreign government or entity that assesses such 
     taxes if the Secretary of State reports to the Committees on 
     Appropriations that--
       (A) such foreign government or entity has an effective 
     arrangement that is providing substantial reimbursement of 
     such taxes; or
       (B) the foreign policy interests of the United States 
     outweigh the purpose of this section to ensure that United 
     States assistance is not subject to taxation.
       (2) Consultation.--The Secretary of State shall consult 
     with the Committees on Appropriations at least 15 days prior 
     to exercising the authority of this subsection with regard to 
     any foreign government or entity.
       (f) Implementation.--The Secretary of State shall issue and 
     update rules, regulations, or policy guidance, as 
     appropriate, to implement the prohibition against the 
     taxation of assistance contained in this section.
       (g) Definitions.--As used in this section:
       (1) Bilateral agreement.--The term ``bilateral agreement'' 
     refers to a framework bilateral agreement between the 
     Government of the United States and the government of the 
     country receiving assistance that describes the privileges 
     and immunities applicable to United States foreign assistance 
     for such country generally, or an individual agreement 
     between the Government of the United States and such 
     government that describes, among other things, the treatment 
     for tax purposes that will be accorded the United States 
     assistance provided under that agreement.
       (2) Taxes and taxation.--The term ``taxes and taxation'' 
     shall include value added taxes and customs duties but shall 
     not include individual income taxes assessed to local staff.

                         reservations of funds

       Sec. 7014. (a) Reprogramming.--Funds appropriated under 
     titles III through VI of this Act which are specifically 
     designated may be reprogrammed for other programs within the 
     same account notwithstanding the designation if compliance 
     with the designation is made impossible by operation of any 
     provision of this or any other Act:  Provided, That any such 
     reprogramming shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That assistance that is reprogrammed pursuant to 
     this subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) Extension of Availability.--In addition to the 
     authority contained in subsection (a), the original period of 
     availability of funds appropriated by this Act and 
     administered by the Department of State or the United States 
     Agency for International Development that are specifically 
     designated for particular programs or activities by this or 
     any other Act may be extended for an additional fiscal year 
     if the Secretary of State or the USAID Administrator, as 
     appropriate, determines and reports promptly to the 
     Committees on Appropriations that the termination of 
     assistance to a country or a significant change in 
     circumstances makes it unlikely that such designated funds 
     can be obligated during the original period of availability:  
     Provided, That such designated funds that continue to be 
     available for an additional fiscal year shall be obligated 
     only for the purpose of such designation.
       (c) Other Acts.--Ceilings and specifically designated 
     funding levels contained in this Act shall not be applicable 
     to funds or authorities appropriated or otherwise made 
     available by any subsequent Act unless such Act specifically 
     so directs:  Provided, That specifically designated funding 
     levels or minimum funding requirements contained in any other 
     Act shall not be applicable to funds appropriated by this 
     Act.

                       notification requirements

       Sec. 7015. (a) Notification of Changes in Programs, 
     Projects, and Activities.--None of the funds made available 
     in titles I, II, and VI, and under the headings ``Peace 
     Corps'' and ``Millennium Challenge Corporation'', of this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs to the 
     departments and agencies funded by this Act that remain 
     available for obligation in fiscal year 2021, or provided 
     from any accounts in the Treasury of the United States 
     derived by the collection of fees or of currency reflows or 
     other offsetting collections, or made available by transfer, 
     to the departments and agencies funded by this Act, shall be 
     available for obligation to--
       (1) create new programs;
       (2) suspend or eliminate a program, project, or activity;
       (3) close, suspend, open, or reopen a mission or post;
       (4) create, close, reorganize, downsize, or rename bureaus, 
     centers, or offices; or
       (5) contract out or privatize any functions or activities 
     presently performed by Federal employees;
     unless previously justified to the Committees on 
     Appropriations or such Committees are notified 15 days in 
     advance of such obligation.
       (b) Notification of Reprogramming of Funds.--None of the 
     funds provided under titles I, II, and VI of this Act or 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs, to the departments 
     and agencies funded under such titles that remain available 
     for obligation in fiscal year 2021, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the department and agency 
     funded under title I of this Act, shall be available for 
     obligation or expenditure for programs, projects, or 
     activities through a reprogramming of funds in excess of 
     $1,000,000 or 10 percent, whichever is less, that--
       (1) augments or changes existing programs, projects, or 
     activities;
       (2) relocates an existing office or employees;
       (3) reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or
       (4) results from any general savings, including savings 
     from a reduction in personnel, which would result in a change 
     in existing programs, projects, or activities as approved by 
     Congress;
     unless the Committees on Appropriations are notified 15 days 
     in advance of such reprogramming of funds.
       (c) Notification Requirement.--None of the funds made 
     available by this Act under the headings ``Global Health 
     Programs'', ``Development Assistance'', ``International 
     Organizations and Programs'', ``Trade and Development 
     Agency'', ``International Narcotics Control and Law 
     Enforcement'', ``Economic Support Fund'', ``Democracy Fund'', 
     ``Assistance for Europe, Eurasia and Central Asia'', 
     ``Peacekeeping Operations'', ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'', ``Millennium 
     Challenge Corporation'', ``Foreign Military Financing 
     Program'', ``International Military Education and Training'', 
     ``United States International Development Finance 
     Corporation'', and ``Peace Corps'', shall be available for 
     obligation for programs, projects, activities, type of 
     materiel assistance, countries, or other operations not 
     justified or in excess of the amount justified to the 
     Committees on Appropriations for obligation under any of 
     these specific headings unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     obligation:  Provided, That the President shall not enter 
     into any commitment of funds appropriated for the purposes of 
     section 23 of the Arms Export Control Act for the provision 
     of major defense equipment, other than conventional 
     ammunition, or other major defense items defined to be 
     aircraft, ships, missiles, or combat vehicles, not previously 
     justified to Congress or 20 percent in excess of the 
     quantities justified to Congress unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     commitment:  Provided further, That requirements of this 
     subsection or any similar provision of this or any other Act 
     shall not apply to any reprogramming for a program, project, 
     or activity for which funds are appropriated under titles III 
     through VI of this Act of less than 10 percent of the amount 
     previously justified to Congress for obligation for such 
     program, project, or activity for the current fiscal year:  
     Provided further, That any notification submitted pursuant to 
     subsection (f) of this section shall include information (if 
     known on the date of transmittal of such notification) on the 
     use of notwithstanding authority.
       (d) Department of Defense Programs and Funding 
     Notifications.--

[[Page H7470]]

       (1) Programs.--None of the funds appropriated by this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs may be made 
     available to support or continue any program initially funded 
     under any authority of title 10, United States Code, or any 
     Act making or authorizing appropriations for the Department 
     of Defense, unless the Secretary of State, in consultation 
     with the Secretary of Defense and in accordance with the 
     regular notification procedures of the Committees on 
     Appropriations, submits a justification to such Committees 
     that includes a description of, and the estimated costs 
     associated with, the support or continuation of such program.
       (2) Funding.--Notwithstanding any other provision of law, 
     funds transferred by the Department of Defense to the 
     Department of State and the United States Agency for 
     International Development for assistance for foreign 
     countries and international organizations shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       (3) Notification on excess defense articles.--Prior to 
     providing excess Department of Defense articles in accordance 
     with section 516(a) of the Foreign Assistance Act of 1961, 
     the Department of Defense shall notify the Committees on 
     Appropriations to the same extent and under the same 
     conditions as other committees pursuant to subsection (f) of 
     that section:  Provided, That before issuing a letter of 
     offer to sell excess defense articles under the Arms Export 
     Control Act, the Department of Defense shall notify the 
     Committees on Appropriations in accordance with the regular 
     notification procedures of such Committees if such defense 
     articles are significant military equipment (as defined in 
     section 47(9) of the Arms Export Control Act) or are valued 
     (in terms of original acquisition cost) at $7,000,000 or 
     more, or if notification is required elsewhere in this Act 
     for the use of appropriated funds for specific countries that 
     would receive such excess defense articles:  Provided 
     further, That such Committees shall also be informed of the 
     original acquisition cost of such defense articles.
       (e) Waiver.--The requirements of this section or any 
     similar provision of this Act or any other Act, including any 
     prior Act requiring notification in accordance with the 
     regular notification procedures of the Committees on 
     Appropriations, may be waived if failure to do so would pose 
     a substantial risk to human health or welfare:  Provided, 
     That in case of any such waiver, notification to the 
     Committees on Appropriations shall be provided as early as 
     practicable, but in no event later than 3 days after taking 
     the action to which such notification requirement was 
     applicable, in the context of the circumstances necessitating 
     such waiver:  Provided further, That any notification 
     provided pursuant to such a waiver shall contain an 
     explanation of the emergency circumstances.
       (f) Country Notification Requirements.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     obligated or expended for assistance for Afghanistan, 
     Bahrain, Burma, Cambodia, Colombia, Cuba, Egypt, El Salvador, 
     Ethiopia, Greenland, Guatemala, Haiti, Honduras, Iran, Iraq, 
     Lebanon, Libya, Mexico, Nicaragua, Pakistan, Philippines, the 
     Russian Federation, Somalia, South Sudan, Sri Lanka, Sudan, 
     Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (g) Trust Funds.--Funds appropriated or otherwise made 
     available in title III of this Act and prior Acts making 
     funds available for the Department of State, foreign 
     operations, and related programs that are made available for 
     a trust fund held by an international financial institution 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations and such notification shall 
     include the information specified under this section in House 
     Report 116-444.
       (h) Other Program Notification Requirement.--
       (1) Diplomatic programs.--Funds appropriated under title I 
     of this Act under the heading ``Diplomatic Programs'' that 
     are made available for lateral entry into the Foreign Service 
     shall be subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.
       (2) Other programs.--Funds appropriated by this Act that 
     are made available for the following programs and activities 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations:
       (A) the Global Engagement Center, except that the Secretary 
     of State shall consult with the Committees on Appropriations 
     prior to submitting such notification;
       (B) the Power Africa and Prosper Africa initiatives;
       (C) community-based police assistance conducted pursuant to 
     the authority of section 7035(a)(1) of this Act;
       (D) the Prevention and Stabilization Fund and the Multi-
     Donor Global Fragility Fund;
       (E) the Indo-Pacific Strategy;
       (F) the Global Security Contingency Fund;
       (G) the Countering Chinese Influence Fund and the 
     Countering Russian Influence Fund;
       (H) the Program to End Modern Slavery; and
       (I) the Women's Global Development and Prosperity Fund.
       (3) Democracy program policy and procedures.--Modifications 
     to democracy program policy and procedures, including 
     relating to the use of consortia, by the Department of State 
     and USAID shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations.
       (4) Arms sales.--The reports, notifications, and 
     certifications, and any other documents, required to be 
     submitted pursuant to section 36(a) of the Arms Export 
     Control Act (22 U.S.C. 2776), and such documents submitted 
     pursuant to section 36(b) through (d) of such Act with 
     respect to countries that have received assistance provided 
     with funds appropriated by this Act or prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, shall be concurrently 
     submitted to the Committees on Appropriations and shall 
     include information about the source of funds for any sale or 
     transfer, as applicable, if known at the time of submission.
       (i) Withholding of Funds.--Funds appropriated by this Act 
     under titles III and IV that are withheld from obligation or 
     otherwise not programmed as a result of application of a 
     provision of law in this or any other Act shall, if 
     reprogrammed, be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (j) Foreign Assistance and Global Health Security 
     Reviews.--Funds appropriated by this Act that are made 
     available to make programmatic, funding, and organizational 
     changes resulting from implementation of any foreign 
     assistance review or realignment shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations:  Provided, That such 
     notifications may be submitted in classified form, if 
     necessary:  Provided further, That the consultation 
     requirement of this subsection shall apply to global health 
     security programs, to include the Global Health Security 
     Agenda and emergency health responses.
       (k) Prior Consultation Requirement.--The Secretary of 
     State, the Administrator of the United States Agency for 
     International Development, the Chief Executive Officer of the 
     United States International Development Finance Corporation, 
     and the Chief Executive Officer of the Millennium Challenge 
     Corporation shall consult with the Committees on 
     Appropriations at least 7 days prior to informing a 
     government of, or publically announcing a decision on, the 
     suspension or early termination of assistance to a country or 
     a territory, including as a result of an interagency review 
     of such assistance, from funds appropriated by this Act or 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs:  Provided, That 
     such consultation shall include a detailed justification for 
     such suspension, including a description of the assistance 
     being suspended.
       (l) Report on Funds Received From Foreign Governments.--The 
     Secretary of State and the USAID Administrator, as 
     appropriate, shall report to the Committees on Appropriations 
     on a quarterly basis until September 30, 2021, on funds 
     received from foreign governments pursuant to sections 607 
     and 635(d) of the Foreign Assistance Act of 1961, other than 
     from countries that are North Atlantic Treaty Organization 
     (NATO) or major non-NATO allies designated pursuant to 
     section 517(b) of such Act:  Provided, That such report shall 
     include the requirements described under this heading in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act).

   document requests, records management, and related cybersecurity 
                              protections

       Sec. 7016. (a) Document Requests.--None of the funds 
     appropriated or made available pursuant to titles III through 
     VI of this Act shall be available to a nongovernmental 
     organization, including any contractor, which fails to 
     provide upon timely request any document, file, or record 
     necessary to the auditing requirements of the Department of 
     State and the United States Agency for International 
     Development.
       (b) Records Management and Related Cybersecurity 
     Protections.--The Secretary of State and USAID Administrator 
     shall--
       (1) regularly review and update the policies, directives, 
     and oversight necessary to comply with Federal statutes, 
     regulations, and presidential executive orders and memoranda 
     concerning the preservation of all records made or received 
     in the conduct of official business, including record emails, 
     instant messaging, and other online tools;
       (2) use funds appropriated by this Act under the headings 
     ``Diplomatic Programs'' and ``Capital Investment Fund'' in 
     title I, and ``Operating Expenses'' and ``Capital Investment 
     Fund'' in title II, as appropriate, to improve Federal 
     records management pursuant to the Federal Records Act (44 
     U.S.C. Chapters 21, 29, 31, and 33) and other applicable 
     Federal records management statutes, regulations, or policies 
     for the Department of State and USAID;
       (3) direct departing employees, including senior officials, 
     that all Federal records generated by such employees belong 
     to the Federal Government;
       (4) substantially reduce, compared to the previous fiscal 
     year, the response time for identifying and retrieving 
     Federal records, including requests made pursuant to section 
     552 of title 5, United States Code (commonly known as the 
     ``Freedom of Information Act''); and
       (5) strengthen cybersecurity measures to mitigate 
     vulnerabilities, including those resulting from the use of 
     personal email accounts or servers outside the .gov domain, 
     improve the process to identify and remove inactive user 
     accounts, update and enforce guidance related to the control 
     of national security information, and implement the 
     recommendations of the applicable reports of the cognizant 
     Office of Inspector General.

               use of funds in contravention of this act

       Sec. 7017.  If the President makes a determination not to 
     comply with any provision of this Act on constitutional 
     grounds, the head of the relevant Federal agency shall notify 
     the Committees on Appropriations in writing within 5 days of 
     such determination, the basis for such determination and any 
     resulting changes to program or policy.

[[Page H7471]]

  


   prohibition on funding for abortions and involuntary sterilization

       Sec. 7018.  None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for the performance of abortions as a method 
     of family planning or to motivate or coerce any person to 
     practice abortions. None of the funds made available to carry 
     out part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of involuntary 
     sterilization as a method of family planning or to coerce or 
     provide any financial incentive to any person to undergo 
     sterilizations. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, may 
     be used to pay for any biomedical research which relates in 
     whole or in part, to methods of, or the performance of, 
     abortions or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out part 
     I of the Foreign Assistance Act of 1961, as amended, may be 
     obligated or expended for any country or organization if the 
     President certifies that the use of these funds by any such 
     country or organization would violate any of the above 
     provisions related to abortions and involuntary 
     sterilizations.

                        allocations and reports

       Sec. 7019. (a) Allocation Tables.--Subject to subsection 
     (b), funds appropriated by this Act under titles III through 
     V shall be made available at not less than the amounts 
     specifically designated in the respective tables included in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act):  
     Provided, That such designated amounts for foreign countries 
     and international organizations shall serve as the amounts 
     for such countries and international organizations 
     transmitted to Congress in the report required by section 
     653(a) of the Foreign Assistance Act of 1961, and shall be 
     made available for such foreign countries and international 
     organizations notwithstanding the date of the transmission of 
     such report.
       (b) Authorized Deviations Below Minimum Levels.--Unless 
     otherwise provided for by this Act, the Secretary of State 
     and the Administrator of the United States Agency for 
     International Development, as applicable, may deviate by not 
     more than 10 percent below the minimum amounts specifically 
     designated in the respective tables in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act):  Provided, That 
     deviations pursuant to this subsection shall be subject to 
     prior consultation with the Committees on Appropriations.
       (c) Limitation.--For specifically designated amounts that 
     are included, pursuant to subsection (a), in the report 
     required by section 653(a) of the Foreign Assistance Act of 
     1961, deviations authorized by subsection (b) may only take 
     place after submission of such report.
       (d) Exceptions.--
       (1) Subsections (a) and (b) shall not apply to--
       (A) amounts designated for ``International Military 
     Education and Training'' in the respective tables included in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act);
       (B) funds for which the initial period of availability has 
     expired; and
       (C) amounts designated by this Act as minimum funding 
     requirements.
       (2) The authority in subsection (b) to deviate below 
     amounts designated in the respective tables included in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act) shall not 
     apply to the table included under the heading ``Global Health 
     Programs'' in such statement.
       (3) With respect to the amounts designated for ``Global 
     Programs'' in the table under the heading ``Economic Support 
     Fund'' included in the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act), subsection (b) shall be applied by 
     substituting ``5 percent'' for ``10 percent''.
       (e) Reports.--The Secretary of State, USAID Administrator, 
     and other designated officials, as appropriate, shall submit 
     the reports required, in the manner described, in House 
     Report 116-444 and the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act), unless directed otherwise in such 
     explanatory statement.
       (f) Clarification.--Funds appropriated by this Act under 
     the headings ``International Disaster Assistance'' and 
     ``Migration and Refugee Assistance'' shall not be included 
     for purposes of meeting amounts designated for countries in 
     this Act or the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act), unless such headings are specifically designated as the 
     source of funds.

                           multi-year pledges

       Sec. 7020.  None of the funds appropriated or otherwise 
     made available by this Act may be used to make any pledge for 
     future year funding for any multilateral or bilateral program 
     funded in titles III through VI of this Act unless such 
     pledge meets one or more of the requirements enumerated under 
     section 7066 of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2019 (division F of 
     Public Law 116-6).

   prohibition on assistance to governments supporting international 
                               terrorism

       Sec. 7021. (a) Lethal Military Equipment Exports.--
       (1) Prohibition.--None of the funds appropriated or 
     otherwise made available under titles III through VI of this 
     Act may be made available to any foreign government which 
     provides lethal military equipment to a country the 
     government of which the Secretary of State has determined 
     supports international terrorism for purposes of section 
     1754(c) of the Export Reform Control Act of 2018 (50 U.S.C. 
     4813(c)):  Provided, That the prohibition under this section 
     with respect to a foreign government shall terminate 12 
     months after that government ceases to provide such military 
     equipment:  Provided further, That this section applies with 
     respect to lethal military equipment provided under a 
     contract entered into after October 1, 1997.
       (2) Determination.--Assistance restricted by paragraph (1) 
     or any other similar provision of law, may be furnished if 
     the President determines that to do so is important to the 
     national interest of the United States.
       (3) Report.--Whenever the President makes a determination 
     pursuant to paragraph (2), the President shall submit to the 
     Committees on Appropriations a report with respect to the 
     furnishing of such assistance, including a detailed 
     explanation of the assistance to be provided, the estimated 
     dollar amount of such assistance, and an explanation of how 
     the assistance furthers United States national interest.
       (b) Bilateral Assistance.--
       (1) Limitations.--Funds appropriated for bilateral 
     assistance in titles III through VI of this Act and funds 
     appropriated under any such title in prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, shall not be made available 
     to any foreign government which the President determines--
       (A) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism;
       (B) otherwise supports international terrorism; or
       (C) is controlled by an organization designated as a 
     terrorist organization under section 219 of the Immigration 
     and Nationality Act (8 U.S.C. 1189).
       (2) Waiver.--The President may waive the application of 
     paragraph (1) to a government if the President determines 
     that national security or humanitarian reasons justify such 
     waiver:  Provided, That the President shall publish each such 
     waiver in the Federal Register and, at least 15 days before 
     the waiver takes effect, shall notify the Committees on 
     Appropriations of the waiver (including the justification for 
     the waiver) in accordance with the regular notification 
     procedures of the Committees on Appropriations.

                       authorization requirements

       Sec. 7022.  Funds appropriated by this Act, except funds 
     appropriated under the heading ``Trade and Development 
     Agency'', may be obligated and expended notwithstanding 
     section 10 of Public Law 91-672 (22 U.S.C. 2412), section 15 
     of the State Department Basic Authorities Act of 1956 (22 
     U.S.C. 2680), section 313 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 
     6212), and section 504(a)(1) of the National Security Act of 
     1947 (50 U.S.C. 3094(a)(1)).

              definition of program, project, and activity

       Sec. 7023.  For the purpose of titles II through VI of this 
     Act ``program, project, and activity'' shall be defined at 
     the appropriations Act account level and shall include all 
     appropriations and authorizations Acts funding directives, 
     ceilings, and limitations with the exception that for the 
     ``Economic Support Fund'', ``Assistance for Europe, Eurasia 
     and Central Asia'', and ``Foreign Military Financing 
     Program'' accounts, ``program, project, and activity'' shall 
     also be considered to include country, regional, and central 
     program level funding within each such account, and for the 
     development assistance accounts of the United States Agency 
     for International Development, ``program, project, and 
     activity'' shall also be considered to include central, 
     country, regional, and program level funding, either as--
       (1) justified to Congress; or
       (2) allocated by the Executive Branch in accordance with 
     the report required by section 653(a) of the Foreign 
     Assistance Act of 1961 or as modified pursuant to section 
     7019 of this Act.

authorities for the peace corps, inter-american foundation, and united 
                 states african development foundation

       Sec. 7024.  Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for the Department of State, foreign operations, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act, or the African Development 
     Foundation Act:  Provided, That prior to conducting 
     activities in a country for which assistance is prohibited, 
     the agency shall consult with the Committees on 
     Appropriations and report to such Committees within 15 days 
     of taking such action.

                commerce, trade and surplus commodities

       Sec. 7025. (a) World Markets.--None of the funds 
     appropriated or made available pursuant to titles III through 
     VI of this Act for direct assistance and none of the funds 
     otherwise made available to the Export-Import Bank and the 
     United States International Development Finance Corporation 
     shall be obligated or expended to finance any loan, any 
     assistance, or any other financial commitments for 
     establishing or expanding production of any commodity for 
     export by any country other than the United States, if the 
     commodity is likely to be in surplus on world markets at the 
     time the resulting productive capacity is expected to become 
     operative and if the assistance will cause substantial injury 
     to United States producers of the same, similar, or competing 
     commodity:  Provided, That such prohibition shall not apply 
     to the Export-Import Bank if in the judgment of its Board of 
     Directors the benefits to industry and employment in the 
     United States are likely to outweigh the injury to United 
     States producers

[[Page H7472]]

     of the same, similar, or competing commodity, and the 
     Chairman of the Board so notifies the Committees on 
     Appropriations:  Provided further, That this subsection shall 
     not prohibit--
       (1) activities in a country that is eligible for assistance 
     from the International Development Association, is not 
     eligible for assistance from the International Bank for 
     Reconstruction and Development, and does not export on a 
     consistent basis the agricultural commodity with respect to 
     which assistance is furnished; or
       (2) activities in a country the President determines is 
     recovering from widespread conflict, a humanitarian crisis, 
     or a complex emergency.
       (b) Exports.--None of the funds appropriated by this or any 
     other Act to carry out chapter 1 of part I of the Foreign 
     Assistance Act of 1961 shall be available for any testing or 
     breeding feasibility study, variety improvement or 
     introduction, consultancy, publication, conference, or 
     training in connection with the growth or production in a 
     foreign country of an agricultural commodity for export which 
     would compete with a similar commodity grown or produced in 
     the United States:  Provided, That this subsection shall not 
     prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact on the export of agricultural commodities 
     of the United States;
       (2) research activities intended primarily to benefit 
     United States producers;
       (3) activities in a country that is eligible for assistance 
     from the International Development Association, is not 
     eligible for assistance from the International Bank for 
     Reconstruction and Development, and does not export on a 
     consistent basis the agricultural commodity with respect to 
     which assistance is furnished; or
       (4) activities in a country the President determines is 
     recovering from widespread conflict, a humanitarian crisis, 
     or a complex emergency.
       (c) International Financial Institutions.--The Secretary of 
     the Treasury shall instruct the United States executive 
     directors of the international financial institutions to use 
     the voice and vote of the United States to oppose any 
     assistance by such institutions, using funds appropriated or 
     otherwise made available by this Act, for the production or 
     extraction of any commodity or mineral for export, if it is 
     in surplus on world markets and if the assistance will cause 
     substantial injury to United States producers of the same, 
     similar, or competing commodity.

                           separate accounts

       Sec. 7026. (a) Separate Accounts for Local Currencies.--
       (1) Agreements.--If assistance is furnished to the 
     government of a foreign country under chapters 1 and 10 of 
     part I or chapter 4 of part II of the Foreign Assistance Act 
     of 1961 under agreements which result in the generation of 
     local currencies of that country, the Administrator of the 
     United States Agency for International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated; and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of USAID and that government to monitor and 
     account for deposits into and disbursements from the separate 
     account.
       (2) Uses of local currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapter 1 or 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 (as the case 
     may be), for such purposes as--
       (i) project and sector assistance activities; or
       (ii) debt and deficit financing; or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming accountability.--USAID shall take all 
     necessary steps to ensure that the equivalent of the local 
     currencies disbursed pursuant to subsection (a)(2)(A) from 
     the separate account established pursuant to subsection 
     (a)(1) are used for the purposes agreed upon pursuant to 
     subsection (a)(2).
       (4) Termination of assistance programs.--Upon termination 
     of assistance to a country under chapter 1 or 10 of part I or 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     (as the case may be), any unencumbered balances of funds 
     which remain in a separate account established pursuant to 
     subsection (a) shall be disposed of for such purposes as may 
     be agreed to by the government of that country and the United 
     States Government.
       (b) Separate Accounts for Cash Transfers.--
       (1) In general.--If assistance is made available to the 
     government of a foreign country, under chapter 1 or 10 of 
     part I or chapter 4 of part II of the Foreign Assistance Act 
     of 1961, as cash transfer assistance or as nonproject sector 
     assistance, that country shall be required to maintain such 
     funds in a separate account and not commingle with any other 
     funds.
       (2) Applicability of other provisions of law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (House Report No. 98-
     1159).
       (3) Notification.--At least 15 days prior to obligating any 
     such cash transfer or nonproject sector assistance, the 
     President shall submit a notification through the regular 
     notification procedures of the Committees on Appropriations, 
     which shall include a detailed description of how the funds 
     proposed to be made available will be used, with a discussion 
     of the United States interests that will be served by such 
     assistance (including, as appropriate, a description of the 
     economic policy reforms that will be promoted by such 
     assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of paragraph (1) only through 
     the regular notification procedures of the Committees on 
     Appropriations.

                       eligibility for assistance

       Sec. 7027. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, 11, and 12 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 and from funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'':  
     Provided, That before using the authority of this subsection 
     to furnish assistance in support of programs of 
     nongovernmental organizations, the President shall notify the 
     Committees on Appropriations pursuant to the regular 
     notification procedures, including a description of the 
     program to be assisted, the assistance to be provided, and 
     the reasons for furnishing such assistance:  Provided 
     further, That nothing in this subsection shall be construed 
     to alter any existing statutory prohibitions against abortion 
     or involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 2021, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Food for Peace Act (Public Law 83-480; 7 U.S.C. 
     1721 et seq.):  Provided, That none of the funds appropriated 
     to carry out title I of such Act and made available pursuant 
     to this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that support international terrorism; 
     or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to the government of a country that violates 
     internationally recognized human rights.

                           local competition

       Sec. 7028. (a) Requirements for Exceptions to Competition 
     for Local Entities.--Funds appropriated by this Act that are 
     made available to the United States Agency for International 
     Development may only be made available for limited 
     competitions through local entities if--
       (1) prior to the determination to limit competition to 
     local entities, USAID has--
       (A) assessed the level of local capacity to effectively 
     implement, manage, and account for programs included in such 
     competition; and
       (B) documented the written results of the assessment and 
     decisions made; and
       (2) prior to making an award after limiting competition to 
     local entities--
       (A) each successful local entity has been determined to be 
     responsible in accordance with USAID guidelines; and
       (B) effective monitoring and evaluation systems are in 
     place to ensure that award funding is used for its intended 
     purposes; and
       (3) no level of acceptable fraud is assumed.
       (b) Extension of Procurement Authority.--Section 7077 of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2012 (division I of Public Law 
     112-74) shall continue in effect during fiscal year 2021.

                  international financial institutions

       Sec. 7029. (a) Evaluations and Report.--The Secretary of 
     the Treasury shall instruct the United States executive 
     director of each international financial institution to use 
     the voice of the United States to encourage such institution 
     to adopt and implement a publicly available policy, including 
     the strategic use of peer reviews and external experts, to 
     conduct independent, in-depth evaluations of the 
     effectiveness of at least 35 percent of all loans, grants, 
     programs, and significant analytical non-lending activities 
     in advancing the institution's goals of reducing poverty and 
     promoting equitable economic growth, consistent with relevant 
     safeguards, to ensure that decisions to support such loans, 
     grants, programs, and activities are based on accurate data 
     and objective analysis:  Provided, That not later than 45 
     days after enactment of this Act, the Secretary shall submit 
     a report to the Committees on Appropriations on steps taken 
     in fiscal year 2020 by the United States executive directors 
     and the international financial institutions consistent with 
     this subsection compared to the previous fiscal year.
       (b) Safeguards.--
       (1) Standard.--The Secretary of the Treasury shall instruct 
     the United States Executive Director of the International 
     Bank for Reconstruction and Development and the International 
     Development Association to use the voice and vote of the 
     United States to oppose any loan, grant, policy, or strategy 
     if such institution has adopted and is implementing any 
     social or environmental safeguard relevant to such loan, 
     grant, policy, or strategy that provides less protection than 
     World Bank safeguards in effect on September 30, 2015.

[[Page H7473]]

       (2) Accountability, standards, and best practices.--The 
     Secretary of the Treasury shall instruct the United States 
     executive director of each international financial 
     institution to use the voice and vote of the United States to 
     oppose loans or other financing for projects unless such 
     projects--
       (A) provide for accountability and transparency, including 
     the collection, verification, and publication of beneficial 
     ownership information related to extractive industries and 
     on-site monitoring during the life of the project;
       (B) will be developed and carried out in accordance with 
     best practices regarding environmental conservation, cultural 
     protection, and empowerment of local populations, including 
     free, prior and informed consent of affected indigenous 
     communities;
       (C) do not provide incentives for, or facilitate, forced 
     displacement or other violations of human rights; and
       (D) do not partner with or otherwise involve enterprises 
     owned or controlled by the armed forces.
       (c) Compensation.--None of the funds appropriated under 
     title V of this Act may be made as payment to any 
     international financial institution while the United States 
     executive director to such institution is compensated by the 
     institution at a rate which, together with whatever 
     compensation such executive director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States executive director to such 
     institution is compensated by the institution at a rate in 
     excess of the rate provided for an individual occupying a 
     position at level V of the Executive Schedule under section 
     5316 of title 5, United States Code.
       (d) Human Rights.--The Secretary of the Treasury shall 
     instruct the United States executive director of each 
     international financial institution to use the voice and vote 
     of the United States to promote human rights due diligence 
     and risk management, as appropriate, in connection with any 
     loan, grant, policy, or strategy of such institution in 
     accordance with the requirements specified under this 
     subsection in House Report 116-444:  Provided, That prior to 
     voting on any such loan, grant, policy, or strategy the 
     executive director shall consult with the Assistant Secretary 
     for Democracy, Human Rights, and Labor, Department of State, 
     if the executive director has reason to believe that such 
     loan, grant, policy, or strategy could result in forced 
     displacement or other violations of human rights.
       (e) Fraud and Corruption.--The Secretary of the Treasury 
     shall instruct the United States executive director of each 
     international financial institution to use the voice of the 
     United States to include in loan, grant, and other financing 
     agreements improvements in borrowing countries' financial 
     management and judicial capacity to investigate, prosecute, 
     and punish fraud and corruption.
       (f) Beneficial Ownership Information.--The Secretary of the 
     Treasury shall instruct the United States executive director 
     of each international financial institution to use the voice 
     of the United States to encourage such institution to 
     collect, verify, and publish, to the maximum extent 
     practicable, beneficial ownership information (excluding 
     proprietary information) for any corporation or limited 
     liability company, other than a publicly listed company, that 
     receives funds from any such financial institution:  
     Provided, That not later than 45 days after enactment of this 
     Act, the Secretary shall submit a report to the Committees on 
     Appropriations on steps taken in fiscal year 2020 by the 
     United States executive directors and the international 
     financial institutions consistent with this subsection 
     compared to the previous fiscal year.
       (g) Whistleblower Protections.--The Secretary of the 
     Treasury shall instruct the United States executive director 
     of each international financial institution to use the voice 
     of the United States to encourage each such institution to 
     effectively implement and enforce policies and procedures 
     which meet or exceed best practices in the United States for 
     the protection of whistleblowers from retaliation, 
     including--
       (1) protection against retaliation for internal and lawful 
     public disclosure;
       (2) legal burdens of proof;
       (3) statutes of limitation for reporting retaliation;
       (4) access to binding independent adjudicative bodies, 
     including shared cost and selection external arbitration; and
       (5) results that eliminate the effects of proven 
     retaliation, including provision for the restoration of prior 
     employment.

                    insecure communications networks

       Sec. 7030.  Funds appropriated by this Act shall be made 
     available for programs, including through the Digital 
     Connectivity and Cybersecurity Partnership, to--
       (1) advance the adoption of secure, next-generation 
     communications networks and services, including 5G, and 
     cybersecurity policies, in countries receiving assistance 
     under this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs;
       (2) counter the establishment of insecure communications 
     networks and services, including 5G, promoted by the People's 
     Republic of China and other state-backed enterprises that are 
     subject to undue or extrajudicial control by their country of 
     origin; and
       (3) provide policy and technical training on deploying 
     open, interoperable, reliable, and secure networks to 
     information communication technology professionals in 
     countries receiving assistance under this Act, as 
     appropriate:
       Provided, That such funds may be used to support the 
     participation of foreign military officials in programs 
     designed to strengthen civilian cybersecurity capacity, 
     following consultation with the Committees on Appropriations.

              financial management and budget transparency

       Sec. 7031. (a) Limitation on Direct Government-to-
     Government Assistance.--
       (1) Requirements.--Funds appropriated by this Act may be 
     made available for direct government-to-government assistance 
     only if the requirements included in section 7031(a)(1)(A) 
     through (E) of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2019 (division F of 
     Public Law 116-6) are fully met.
       (2) Consultation and notification.--In addition to the 
     requirements in paragraph (1), funds may only be made 
     available for direct government-to-government assistance 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations: 
      Provided, That such notification shall contain an 
     explanation of how the proposed activity meets the 
     requirements of paragraph (1):  Provided further, That the 
     requirements of this paragraph shall only apply to direct 
     government-to-government assistance in excess of $10,000,000 
     and all funds available for cash transfer, budget support, 
     and cash payments to individuals.
       (3) Suspension of assistance.--The Administrator of the 
     United States Agency for International Development or the 
     Secretary of State, as appropriate, shall suspend any direct 
     government-to-government assistance if the Administrator or 
     the Secretary has credible information of material misuse of 
     such assistance, unless the Administrator or the Secretary 
     reports to the Committees on Appropriations that it is in the 
     national interest of the United States to continue such 
     assistance, including a justification, or that such misuse 
     has been appropriately addressed.
       (4) Submission of information.--The Secretary of State 
     shall submit to the Committees on Appropriations, concurrent 
     with the fiscal year 2022 congressional budget justification 
     materials, amounts planned for assistance described in 
     paragraph (1) by country, proposed funding amount, source of 
     funds, and type of assistance.
       (5) Debt service payment prohibition.--None of the funds 
     made available by this Act may be used by the government of 
     any foreign country for debt service payments owed by any 
     country to any international financial institution.
       (b) National Budget and Contract Transparency.--
       (1) Minimum requirements of fiscal transparency.--The 
     Secretary of State shall continue to update and strengthen 
     the ``minimum requirements of fiscal transparency'' for each 
     government receiving assistance appropriated by this Act, as 
     identified in the report required by section 7031(b) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2014 (division K of Public Law 113-76).
       (2) Determination and report.--For each government 
     identified pursuant to paragraph (1), the Secretary of State, 
     not later than 180 days after enactment of this Act, shall 
     make or update any determination of ``significant progress'' 
     or ``no significant progress'' in meeting the minimum 
     requirements of fiscal transparency, and make such 
     determinations publicly available in an annual ``Fiscal 
     Transparency Report'' to be posted on the Department of State 
     website:  Provided, That such report shall include the 
     elements included under this section in the explanatory 
     statement described in section 4 in the matter preceding 
     division A of Public Law 116-94.
       (3) Assistance.--Not less than $7,000,000 of the funds 
     appropriated by this Act under the heading ``Economic Support 
     Fund'' shall be made available for programs and activities to 
     assist governments identified pursuant to paragraph (1) to 
     improve budget transparency and to support civil society 
     organizations in such countries that promote budget 
     transparency.
       (c) Anti-Kleptocracy and Human Rights.--
       (1) Ineligibility.--
       (A) Officials of foreign governments and their immediate 
     family members about whom the Secretary of State has credible 
     information have been involved, directly or indirectly, in 
     significant corruption, including corruption related to the 
     extraction of natural resources, or a gross violation of 
     human rights, including the wrongful detention of locally 
     employed staff of a United States diplomatic mission or a 
     United States citizen or national, shall be ineligible for 
     entry into the United States.
       (B) The Secretary shall also publicly or privately 
     designate or identify the officials of foreign governments 
     and their immediate family members about whom the Secretary 
     has such credible information without regard to whether the 
     individual has applied for a visa.
       (2) Exception.--Individuals shall not be ineligible for 
     entry into the United States pursuant to paragraph (1) if 
     such entry would further important United States law 
     enforcement objectives or is necessary to permit the United 
     States to fulfill its obligations under the United Nations 
     Headquarters Agreement:  Provided, That nothing in paragraph 
     (1) shall be construed to derogate from United States 
     Government obligations under applicable international 
     agreements.
       (3) Waiver.--The Secretary may waive the application of 
     paragraph (1) if the Secretary determines that the waiver 
     would serve a compelling national interest or that the 
     circumstances which caused the individual to be ineligible 
     have changed sufficiently.
       (4) Report.--Not later than 30 days after enactment of this 
     Act, and every 90 days thereafter until September 30, 2021, 
     the Secretary of State shall submit a report, including a 
     classified annex if necessary, to the appropriate 
     congressional committees and the Committees on the

[[Page H7474]]

     Judiciary describing the information related to corruption or 
     violation of human rights concerning each of the individuals 
     found ineligible in the previous 12 months pursuant to 
     paragraph (1)(A) as well as the individuals who the Secretary 
     designated or identified pursuant to paragraph (1)(B), or who 
     would be ineligible but for the application of paragraph (2), 
     a list of any waivers provided under paragraph (3), and the 
     justification for each waiver.
       (5) Posting of report.--Any unclassified portion of the 
     report required under paragraph (4) shall be posted on the 
     Department of State website.
       (6) Clarification.--For purposes of paragraphs (1), (4), 
     and (5), the records of the Department of State and of 
     diplomatic and consular offices of the United States 
     pertaining to the issuance or refusal of visas or permits to 
     enter the United States shall not be considered confidential.
       (d) Extraction of Natural Resources.--
       (1) Assistance.--Funds appropriated by this Act shall be 
     made available to promote and support transparency and 
     accountability of expenditures and revenues related to the 
     extraction of natural resources, including by strengthening 
     implementation and monitoring of the Extractive Industries 
     Transparency Initiative, implementing and enforcing section 
     8204 of the Food, Conservation, and Energy Act of 2008 
     (Public Law 110-246; 122 Stat. 2052) and the amendments made 
     by such section, and to prevent the sale of conflict 
     diamonds, and provide technical assistance to promote 
     independent audit mechanisms and support civil society 
     participation in natural resource management.
       (2) Public disclosure and independent audits.--(A) The 
     Secretary of the Treasury shall instruct the executive 
     director of each international financial institution that it 
     is the policy of the United States to use the voice and vote 
     of the United States to oppose any assistance by such 
     institutions (including any loan, credit, grant, or 
     guarantee) to any country for the extraction and export of a 
     natural resource if the government of such country has in 
     place laws, regulations, or procedures to prevent or limit 
     the public disclosure of company payments as required by 
     United States law, and unless such government has adopted 
     laws, regulations, or procedures in the sector in which 
     assistance is being considered to meet the standards included 
     under this section in the explanatory statement described in 
     section 4 in the matter preceding division A of Public Law 
     116-94.
       (B) The requirements of subparagraph (A) shall not apply to 
     assistance for the purpose of building the capacity of such 
     government to meet the requirements of such subparagraph.
       (e) Foreign Assistance Website.--Funds appropriated by this 
     Act under titles I and II, and funds made available for any 
     independent agency in title III, as appropriate, shall be 
     made available to support the provision of additional 
     information on United States Government foreign assistance on 
     the ``ForeignAssistance.gov'' website:  Provided, That all 
     Federal agencies funded under this Act shall provide such 
     information on foreign assistance, upon request and in a 
     timely manner, to the Department of State and USAID.

                           democracy programs

       Sec. 7032. (a) Funding.--
       (1) In general.--Of the funds appropriated by this Act 
     under the headings ``Development Assistance'', ``Economic 
     Support Fund'', ``Democracy Fund'', ``Assistance for Europe, 
     Eurasia and Central Asia'', and ``International Narcotics 
     Control and Law Enforcement'', not less than $2,417,000,000 
     shall be made available for democracy programs.
       (2) Programs.--Of the funds made available for democracy 
     programs under the headings ``Economic Support Fund'' and 
     ``Assistance for Europe, Eurasia and Central Asia'' pursuant 
     to paragraph (1), not less than $102,040,000 shall be made 
     available to the Bureau of Democracy, Human Rights, and 
     Labor, Department of State, at not less than the amounts 
     specified for certain countries and regional programs 
     designated in the table under this section in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).
       (b) Authorities.--
       (1) Availability.--Funds made available by this Act for 
     democracy programs pursuant to subsection (a) and under the 
     heading ``National Endowment for Democracy'' may be made 
     available notwithstanding any other provision of law, and 
     with regard to the National Endowment for Democracy (NED), 
     any regulation.
       (2) Beneficiaries.--Funds made available by this Act for 
     the NED are made available pursuant to the authority of the 
     National Endowment for Democracy Act (title V of Public Law 
     98-164), including all decisions regarding the selection of 
     beneficiaries.
       (c) Definition of Democracy Programs.--For purposes of 
     funds appropriated by this Act, the term ``democracy 
     programs'' means programs that support good governance, 
     credible and competitive elections, freedom of expression, 
     association, assembly, and religion, human rights, labor 
     rights, independent media, and the rule of law, and that 
     otherwise strengthen the capacity of democratic political 
     parties, governments, nongovernmental organizations and 
     institutions, and citizens to support the development of 
     democratic states and institutions that are responsive and 
     accountable to citizens.
       (d) Program Prioritization.--Funds made available pursuant 
     to this section that are made available for programs to 
     strengthen government institutions shall be prioritized for 
     those institutions that demonstrate a commitment to democracy 
     and the rule of law.
       (e) Restriction on Prior Approval.--With respect to the 
     provision of assistance for democracy programs in this Act, 
     the organizations implementing such assistance, the specific 
     nature of that assistance, and the participants in such 
     programs shall not be subject to the prior approval by the 
     government of any foreign country:  Provided, That the 
     Secretary of State, in coordination with the Administrator of 
     the United States Agency for International Development, shall 
     report to the Committees on Appropriations, not later than 
     120 days after enactment of this Act, detailing steps taken 
     by the Department of State and USAID to comply with the 
     requirements of this subsection.
       (f) Continuation of Current Practices.--USAID shall 
     continue to implement civil society and political competition 
     and consensus building programs abroad with funds 
     appropriated by this Act in a manner that recognizes the 
     unique benefits of grants and cooperative agreements in 
     implementing such programs.
       (g) Informing the National Endowment for Democracy.--The 
     Assistant Secretary for Democracy, Human Rights, and Labor, 
     Department of State, and the Assistant Administrator for 
     Democracy, Conflict, and Humanitarian Assistance, USAID, 
     shall regularly inform the NED of democracy programs that are 
     planned and supported by funds made available by this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs.
       (h) Protection of Civil Society Activists and 
     Journalists.--Of the funds appropriated by this Act under the 
     headings ``Economic Support Fund'' and ``Democracy Fund'', 
     not less than $25,000,000 shall be made available to support 
     and protect civil society activists and journalists who have 
     been threatened, harassed, or attacked, including journalists 
     affiliated with the United States Agency for Global Media, 
     consistent with the action plan required under this section 
     in the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act), and on 
     the same terms and conditions of section 7032(i) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2018 (division K of Public Law 115-141).
       (i) International Freedom of Expression.--
       (1) Operations.--Funds appropriated by this Act under the 
     heading ``Diplomatic Programs'' shall be made available for 
     the Bureau of Democracy, Human Rights, and Labor, Department 
     of State, for the costs of administering programs designed to 
     promote and defend freedom of expression and the independence 
     of the media in countries where such freedom and independence 
     are restricted or denied.
       (2) Assistance.--Of the funds appropriated by this Act 
     under the heading ``Economic Support Fund'', not less than 
     $15,000,000 shall be made available for programs that promote 
     and defend freedom of expression and the independence of the 
     media abroad:  Provided, That such funds are in addition to 
     funds otherwise made available by this Act for such purposes, 
     and are intended to complement emergency and safety programs 
     for civil society, including journalists and media outlets at 
     risk:  Provided further, That such funds shall be subject to 
     prior consultation with, and the regular notification 
     procedures of, the Committees on Appropriations.

                    international religious freedom

       Sec. 7033. (a) International Religious Freedom Office.--
     Funds appropriated by this Act under the heading ``Diplomatic 
     Programs'' shall be made available for the Office of 
     International Religious Freedom, Department of State, 
     including for support staff, at not less than the amounts 
     specified for such office in the table under such heading in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act).
       (b) Assistance.--Funds appropriated by this Act under the 
     headings ``Economic Support Fund'', ``Democracy Fund'', and 
     ``International Broadcasting Operations'' shall be made 
     available for international religious freedom programs and 
     funds appropriated by this Act under the headings 
     ``International Disaster Assistance'' and ``Migration and 
     Refugee Assistance'' shall be made available for humanitarian 
     assistance for vulnerable and persecuted religious 
     minorities:  Provided, That funds made available by this Act 
     under the headings ``Economic Support Fund'' and ``Democracy 
     Fund'' pursuant to this section shall be the responsibility 
     of the Ambassador-at-Large for International Religious 
     Freedom, in consultation with other relevant United States 
     Government officials, and shall be subject to prior 
     consultation with the Committees on Appropriations.
       (c) Authority.--Funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the heading 
     ``Economic Support Fund'' may be made available 
     notwithstanding any other provision of law for assistance for 
     ethnic and religious minorities in Iraq and Syria.
       (d) Designation of Non-State Actors.--Section 7033(e) of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2017 (division J of Public Law 
     115-31) shall continue in effect during fiscal year 2021.

                           special provisions

       Sec. 7034. (a) Victims of War, Displaced Children, and 
     Displaced Burmese.--Funds appropriated in title III of this 
     Act that are made available for victims of war, displaced 
     children, displaced Burmese, and to combat trafficking in 
     persons and assist victims of such trafficking, may be made 
     available notwithstanding any other provision of law.
       (b) Forensic Assistance.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $15,500,000 shall be 
     made available for forensic anthropology assistance related 
     to the exhumation and identification of victims of war 
     crimes, crimes against humanity, and genocide, including in 
     Central America, which shall

[[Page H7475]]

     be administered by the Assistant Secretary for Democracy, 
     Human Rights, and Labor, Department of State:  Provided, That 
     such funds shall be in addition to funds made available by 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     for assistance for countries.
       (2) Of the funds appropriated by this Act under the heading 
     ``International Narcotics Control and Law Enforcement'', not 
     less than $10,000,000 shall be made available for DNA 
     forensic technology programs to combat human trafficking in 
     Central America and Mexico.
       (c) Atrocities Prevention.--Of the funds appropriated by 
     this Act under the headings ``Economic Support Fund'' and 
     ``International Narcotics Control and Law Enforcement'', not 
     less than $5,000,000 shall be made available for programs to 
     prevent atrocities, including to implement recommendations of 
     the Atrocities Prevention Board:  Provided, That funds made 
     available pursuant to this subsection are in addition to 
     amounts otherwise made available for such purposes:  Provided 
     further, That such funds shall be subject to the regular 
     notification procedures of the Committees on Appropriations.
       (d) World Food Programme.--Funds managed by the Bureau for 
     Humanitarian Assistance, United States Agency for 
     International Development, from this or any other Act, may be 
     made available as a general contribution to the World Food 
     Programme, notwithstanding any other provision of law.
       (e) Directives and Authorities.--
       (1) Research and training.--Funds appropriated by this Act 
     under the heading ``Assistance for Europe, Eurasia and 
     Central Asia'' shall be made available to carry out the 
     Program for Research and Training on Eastern Europe and the 
     Independent States of the Former Soviet Union as authorized 
     by the Soviet-Eastern European Research and Training Act of 
     1983 (22 U.S.C. 4501 et seq.).
       (2) Genocide victims memorial sites.--Funds appropriated by 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     under the headings ``Economic Support Fund'' and ``Assistance 
     for Europe, Eurasia and Central Asia'' may be made available 
     as contributions to establish and maintain memorial sites of 
     genocide, subject to the regular notification procedures of 
     the Committees on Appropriations.
       (3) Private sector partnerships.--Of the funds appropriated 
     by this Act under the headings ``Development Assistance'' and 
     ``Economic Support Fund'' that are made available for private 
     sector partnerships, up to $50,000,000 may remain available 
     until September 30, 2023:  Provided, That funds made 
     available pursuant to this paragraph may only be made 
     available following prior consultation with the appropriate 
     congressional committees, and the regular notification 
     procedures of the Committees on Appropriations.
       (4) Additional authorities.--Of the amounts made available 
     by title I of this Act under the heading ``Diplomatic 
     Programs'', up to $500,000 may be made available for grants 
     pursuant to section 504 of the Foreign Relations 
     Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), 
     including to facilitate collaboration with indigenous 
     communities, and up to $1,000,000 may be made available for 
     grants to carry out the activities of the Cultural 
     Antiquities Task Force.
       (5) Innovation.--The USAID Administrator may use funds 
     appropriated by this Act under title III to make innovation 
     incentive awards in accordance with the terms and conditions 
     of section 7034(e)(4) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2019 
     (division F of Public Law 116-6):  Provided, That each 
     individual award may not exceed $100,000:  Provided further, 
     That no more than 15 such awards may be made during fiscal 
     year 2021.
       (6) Exchange visitor program.--None of the funds made 
     available by this Act may be used to modify the Exchange 
     Visitor Program administered by the Department of State to 
     implement the Mutual Educational and Cultural Exchange Act of 
     1961 (Public Law 87-256; 22 U.S.C. 2451 et seq.), except 
     through the formal rulemaking process pursuant to the 
     Administrative Procedure Act (5 U.S.C. 551 et seq.) and 
     notwithstanding the exceptions to such rulemaking process in 
     such Act:  Provided, That funds made available for such 
     purpose shall only be made available after consultation with, 
     and subject to the regular notification procedures of, the 
     Committees on Appropriations, regarding how any proposed 
     modification would affect the public diplomacy goals of, and 
     the estimated economic impact on, the United States:  
     Provided further, That such consultation shall take place not 
     later than 30 days prior to the publication in the Federal 
     Register of any regulatory action modifying the Exchange 
     Visitor Program.
       (f) Partner Vetting.--Prior to initiating a partner vetting 
     program, or making a significant change to the scope of an 
     existing partner vetting program, the Secretary of State and 
     USAID Administrator, as appropriate, shall consult with the 
     Committees on Appropriations:  Provided, That the Secretary 
     and the Administrator shall provide a direct vetting option 
     for prime awardees in any partner vetting program initiated 
     or significantly modified after the date of enactment of this 
     Act, unless the Secretary of State or USAID Administrator, as 
     applicable, informs the Committees on Appropriations on a 
     case-by-case basis that a direct vetting option is not 
     feasible for such program.
       (g) Contingencies.--During fiscal year 2021, the President 
     may use up to $125,000,000 under the authority of section 451 
     of the Foreign Assistance Act of 1961, notwithstanding any 
     other provision of law.
       (h) International Child Abductions.--The Secretary of State 
     should withhold funds appropriated under title III of this 
     Act for assistance for the central government of any country 
     that is not taking appropriate steps to comply with the 
     Convention on the Civil Aspects of International Child 
     Abductions, done at the Hague on October 25, 1980:  Provided, 
     That the Secretary shall report to the Committees on 
     Appropriations within 15 days of withholding funds under this 
     subsection.
       (i) Transfer of Funds for Extraordinary Protection.--The 
     Secretary of State may transfer to, and merge with, funds 
     under the heading ``Protection of Foreign Missions and 
     Officials'' unobligated balances of expired funds 
     appropriated under the heading ``Diplomatic Programs'' for 
     fiscal year 2021, except for funds designated for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, at no later than the end of the 
     fifth fiscal year after the last fiscal year for which such 
     funds are available for the purposes for which appropriated:  
     Provided, That not more than $50,000,000 may be transferred.
       (j) Authority.--Funds made available by this Act under the 
     heading ``Economic Support Fund'' to counter extremism may be 
     made available notwithstanding any other provision of law 
     restricting assistance to foreign countries, except sections 
     502B, 620A, and 620M of the Foreign Assistance Act of 1961:  
     Provided, That the use of the authority of this subsection 
     shall be subject to prior consultation with the appropriate 
     congressional committees and the regular notification 
     procedures of the Committees on Appropriations.
       (k) Protections and Remedies for Employees of Diplomatic 
     Missions and International Organizations.--The terms and 
     conditions of section 7034(k) of the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2020 (division G of Public Law 116-94) shall continue in 
     effect during fiscal year 2021.
       (l) Extension of Authorities.--
       (1) Passport fees.--Section 1(b)(2) of the Passport Act of 
     June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by 
     substituting ``September 30, 2021'' for ``September 30, 
     2010''.
       (2) Incentives for critical posts.--The authority contained 
     in section 1115(d) of the Supplemental Appropriations Act, 
     2009 (Public Law 111-32) shall remain in effect through 
     September 30, 2021.
       (3) USAID civil service annuitant waiver.--Section 
     625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2385(j)(1)) shall be applied by substituting ``September 30, 
     2021'' for ``October 1, 2010'' in subparagraph (B).
       (4) Overseas pay comparability and limitation.--(A) Subject 
     to the limitation described in subparagraph (B), the 
     authority provided by section 1113 of the Supplemental 
     Appropriations Act, 2009 (Public Law 111-32) shall remain in 
     effect through September 30, 2021.
       (B) The authority described in subparagraph (A) may not be 
     used to pay an eligible member of the Foreign Service (as 
     defined in section 1113(b) of the Supplemental Appropriations 
     Act, 2009 (Public Law 111-32)) a locality-based comparability 
     payment (stated as a percentage) that exceeds two-thirds of 
     the amount of the locality-based comparability payment 
     (stated as a percentage) that would be payable to such member 
     under section 5304 of title 5, United States Code, if such 
     member's official duty station were in the District of 
     Columbia.
       (5) Categorical eligibility.--The Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1990 (Public Law 101-167) is amended--
       (A) in section 599D (8 U.S.C. 1157 note)--
       (i) in subsection (b)(3), by striking ``and 2020'' and 
     inserting ``2020, and 2021''; and
       (ii) in subsection (e), by striking ``2020'' each place it 
     appears and inserting ``2021''; and
       (B) in section 599E(b)(2) (8 U.S.C. 1255 note), by striking 
     ``2020'' and inserting ``2021''.
       (6) Inspector general annuitant waiver.--The authorities 
     provided in section 1015(b) of the Supplemental 
     Appropriations Act, 2010 (Public Law 111-212) shall remain in 
     effect through September 30, 2021, and may be used to 
     facilitate the assignment of persons for oversight of 
     programs in Syria, South Sudan, Yemen, Somalia, and 
     Venezuela.
       (7) Accountability review boards.--The authority provided 
     by section 301(a)(3) of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) shall remain 
     in effect for facilities in Afghanistan through September 30, 
     2021, except that the notification and reporting requirements 
     contained in such section shall include the Committees on 
     Appropriations.
       (8) Special inspector general for afghanistan 
     reconstruction competitive status.--Notwithstanding any other 
     provision of law, any employee of the Special Inspector 
     General for Afghanistan Reconstruction (SIGAR) who completes 
     at least 12 months of continuous service after enactment of 
     this Act or who is employed on the date on which SIGAR 
     terminates, whichever occurs first, shall acquire competitive 
     status for appointment to any position in the competitive 
     service for which the employee possesses the required 
     qualifications.
       (9) Transfer of balances.--Section 7081(h) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2017 (division J of Public Law 115-31) 
     shall continue in effect during fiscal year 2021.
       (10) Department of state inspector general waiver 
     authority.--The Inspector General of the Department of State 
     may waive the provisions of subsections (a) through (d) of 
     section 824 of the Foreign Service Act of 1980 (22 U.S.C. 
     4064) on a case-by-case basis for an annuitant reemployed by 
     the Inspector General on a temporary basis, subject to the 
     same constraints and in the same manner by which the 
     Secretary of State may exercise such waiver authority 
     pursuant to subsection (g) of such section.

[[Page H7476]]

       (11) Afghan allies.--Section 602(b)(3)(F) of the Afghan 
     Allies Protection Act of 2009 (8 U.S.C. 1101 note) is 
     amended--
       (A) in the heading, by striking ``2015 through 2020'' and 
     inserting ``2015 through 2021'';
       (B) in the matter preceding clause (i), in the first 
     sentence, by striking ``shall'' and all that follows through 
     the period at the end, and inserting ``shall not exceed 
     26,500.''; and
       (C) in clauses (i) and (ii), by striking ``December 31, 
     2021'' and inserting ``December 31, 2022''.
       (m) Monitoring and Evaluation.--
       (1) Beneficiary feedback.--Funds appropriated by this Act 
     that are made available for monitoring and evaluation of 
     assistance under the headings ``Development Assistance'', 
     ``International Disaster Assistance'', and ``Migration and 
     Refugee Assistance'' shall be made available for the regular 
     and systematic collection of feedback obtained directly from 
     beneficiaries to enhance the quality and relevance of such 
     assistance:  Provided, That the Department of State and USAID 
     shall establish, and post on their respective websites, 
     updated procedures for implementing partners that receive 
     funds under such headings for regularly and systematically 
     collecting and responding to such feedback, including 
     guidelines for the reporting on actions taken in response to 
     the feedback received:  Provided further, That the Department 
     of State and USAID shall regularly conduct oversight to 
     ensure that such feedback is regularly collected and used by 
     implementing partners to maximize the cost-effectiveness and 
     utility of such assistance.
       (2) Ex-post evaluations.--Of the funds appropriated by this 
     Act under titles III and IV, not less than $10,000,000 shall 
     be made available for ex-post evaluations consistent with the 
     requirements under this heading in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act).
       (n) HIV/AIDS Working Capital Fund.--Funds available in the 
     HIV/AIDS Working Capital Fund established pursuant to section 
     525(b)(1) of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 2005 (Public Law 108-
     447) may be made available for pharmaceuticals and other 
     products for child survival, malaria, tuberculosis, and 
     emerging infectious diseases to the same extent as HIV/AIDS 
     pharmaceuticals and other products, subject to the terms and 
     conditions in such section:  Provided, That the authority in 
     section 525(b)(5) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriation Act, 2005 
     (Public Law 108-447) shall be exercised by the Assistant 
     Administrator for Global Health, USAID, with respect to funds 
     deposited for such non-HIV/AIDS pharmaceuticals and other 
     products, and shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That the Secretary of State shall include in the 
     congressional budget justification an accounting of budgetary 
     resources, disbursements, balances, and reimbursements 
     related to such fund.
       (o) Loans, Consultation, and Notification.--
       (1) Loan guarantees.--Funds appropriated under the headings 
     ``Economic Support Fund'' and ``Assistance for Europe, 
     Eurasia and Central Asia'' by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs may be made available for 
     the costs, as defined in section 502 of the Congressional 
     Budget Act of 1974, of loan guarantees for Egypt, Jordan, 
     Tunisia, and Ukraine, which are authorized to be provided:  
     Provided, That amounts made available under this paragraph 
     for the costs of such guarantees shall not be considered 
     assistance for the purposes of provisions of law limiting 
     assistance to a country.
       (2) Foreign military financing direct loans.--During fiscal 
     year 2021, direct loans under section 23 of the Arms Export 
     Control Act may be made available for Jordan, notwithstanding 
     section 23(c)(1) of the Arms Export Control Act, gross 
     obligations for the principal amounts of which shall not 
     exceed $4,000,000,000:  Provided, That funds appropriated 
     under the heading ``Foreign Military Financing Program'' in 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     may be made available for the costs, as defined in section 
     502 of the Congressional Budget Act of 1974, of such loans:  
     Provided further, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974 and may include the 
     costs of selling, reducing, or cancelling any amounts owed to 
     the United States or any agency of the United States:  
     Provided further, That the Government of the United States 
     may charge fees for such loans, which shall be collected from 
     borrowers in accordance with section 502(7) of the 
     Congressional Budget Act of 1974:  Provided further, That no 
     funds made available to the North Atlantic Treaty 
     Organization (NATO) or major non-NATO allies by this or any 
     other appropriations Act for this fiscal year or prior fiscal 
     years may be used for payment of any fees associated with 
     such loans:  Provided further, That such loans shall be 
     repaid in not more than 12 years, including a grace period of 
     up to one year on repayment of principal:  Provided further, 
     That notwithstanding section 23(c)(1) of the Arms Export 
     Control Act, interest for such loans may be charged at a rate 
     determined by the Secretary of State, except that such rate 
     may not be less than the prevailing interest rate on 
     marketable Treasury securities of similar maturity:  Provided 
     further, That amounts made available under this paragraph for 
     such costs shall not be considered assistance for the 
     purposes of provisions of law limiting assistance to a 
     country.
       (3) Foreign military financing loan guarantees.--Funds 
     appropriated under the heading ``Foreign Military Financing 
     Program'' in this Act and prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs may be made available, notwithstanding the third 
     proviso under such heading, for the costs of loan guarantees 
     under section 24 of the Arms Export Control Act for Jordan, 
     which are authorized to be provided:  Provided, That such 
     funds are available to subsidize gross obligations for the 
     principal amount of commercial loans, and total loan 
     principal, any part of which is to be guaranteed, not to 
     exceed $4,000,000,000:  Provided further, That no loan 
     guarantee with respect to any one borrower may exceed 80 
     percent of the loan principal:  Provided further, That any 
     loan guaranteed under this paragraph may not be subordinated 
     to another debt contracted by the borrower or to any other 
     claims against the borrower in the case of default:  Provided 
     further, That repayment in United States dollars of any loan 
     guaranteed under this paragraph shall be required within a 
     period not to exceed 12 years after the loan agreement is 
     signed:  Provided further, That the Government of the United 
     States may charge fees for such loan guarantees, as may be 
     determined, notwithstanding section 24 of the Arms Export 
     Control Act, which shall be collected from borrowers or third 
     parties on behalf of such borrowers in accordance with 
     section 502(7) of the Congressional Budget Act of 1974:  
     Provided further, That amounts made available under this 
     paragraph for the costs of such guarantees shall not be 
     considered assistance for the purposes of provisions of law 
     limiting assistance to a country.
       (4) Designation requirement.--Funds made available pursuant 
     to paragraphs (1) through (3) from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs that were previously 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 are designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of such Act.
       (5) Consultation and notification.--Funds made available 
     pursuant to the authorities of this subsection shall be 
     subject to prior consultation with the appropriate 
     congressional committees and the regular notification 
     procedures of the Committees on Appropriations.
       (p) Local Works.--
       (1) Funding.--Of the funds appropriated by this Act under 
     the headings ``Development Assistance'' and ``Economic 
     Support Fund'', not less than $55,000,000 shall be made 
     available for Local Works pursuant to section 7080 of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2015 (division J of Public Law 113-235), 
     which may remain available until September 30, 2025.
       (2) Eligible entities.--For the purposes of section 7080 of 
     the Department of State, Foreign Operations, and Related 
     Programs Appropriations Act, 2015 (division J of Public Law 
     113-235), ``eligible entities'' shall be defined as small 
     local, international, and United States-based nongovernmental 
     organizations, educational institutions, and other small 
     entities that have received less than a total of $5,000,000 
     from USAID over the previous 5 fiscal years:  Provided, That 
     departments or centers of such educational institutions may 
     be considered individually in determining such eligibility.
       (q) Definitions.--
       (1) Appropriate congressional committees.--Unless otherwise 
     defined in this Act, for purposes of this Act the term 
     ``appropriate congressional committees'' means the Committees 
     on Appropriations and Foreign Relations of the Senate and the 
     Committees on Appropriations and Foreign Affairs of the House 
     of Representatives.
       (2) Funds appropriated by this act and prior acts.--Unless 
     otherwise defined in this Act, for purposes of this Act the 
     term ``funds appropriated by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs'' means funds that remain 
     available for obligation, and have not expired.
       (3) International financial institutions.--In this Act 
     ``international financial institutions'' means the 
     International Bank for Reconstruction and Development, the 
     International Development Association, the International 
     Finance Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the International Fund for 
     Agricultural Development, the Asian Development Bank, the 
     Asian Development Fund, the Inter-American Investment 
     Corporation, the North American Development Bank, the 
     European Bank for Reconstruction and Development, the African 
     Development Bank, the African Development Fund, and the 
     Multilateral Investment Guarantee Agency.
       (4) Spend plan.--In this Act, the term ``spend plan'' means 
     a plan for the uses of funds appropriated for a particular 
     entity, country, program, purpose, or account and which shall 
     include, at a minimum, a description of--
       (A) realistic and sustainable goals, criteria for measuring 
     progress, and a timeline for achieving such goals;
       (B) amounts and sources of funds by account;
       (C) how such funds will complement other ongoing or planned 
     programs; and
       (D) implementing partners, to the maximum extent 
     practicable.
       (5) Successor operating unit.--Any reference to a 
     particular USAID operating unit or office in this or prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs shall be deemed to 
     include any successor operating unit or office performing the 
     same or similar functions.
       (6) USAID.--In this Act, the term ``USAID'' means the 
     United States Agency for International Development.

[[Page H7477]]

       (7) This act.--Except as expressly provided otherwise, any 
     reference to ``this Act'' contained in titles I through VII 
     shall be treated as referring only to the provisions of such 
     titles.

                      law enforcement and security

       Sec. 7035. (a) Assistance.--
       (1) Community-based police assistance.--Funds made 
     available under titles III and IV of this Act to carry out 
     the provisions of chapter 1 of part I and chapters 4 and 6 of 
     part II of the Foreign Assistance Act of 1961, may be used, 
     notwithstanding section 660 of that Act, to enhance the 
     effectiveness and accountability of civilian police authority 
     through training and technical assistance in human rights, 
     the rule of law, anti-corruption, strategic planning, and 
     through assistance to foster civilian police roles that 
     support democratic governance, including assistance for 
     programs to prevent conflict, respond to disasters, address 
     gender-based violence, and foster improved police relations 
     with the communities they serve.
       (2) Counterterrorism partnerships fund.--Funds appropriated 
     by this Act under the heading ``Nonproliferation, Anti-
     terrorism, Demining and Related Programs'' shall be made 
     available for the Counterterrorism Partnerships Fund for 
     programs in areas liberated from, under the influence of, or 
     adversely affected by, the Islamic State of Iraq and Syria or 
     other terrorist organizations:  Provided, That such areas 
     shall include the Kurdistan Region of Iraq:  Provided 
     further, That prior to the obligation of funds made available 
     pursuant to this paragraph, the Secretary of State shall take 
     all practicable steps to ensure that mechanisms are in place 
     for monitoring, oversight, and control of such funds:  
     Provided further, That funds made available pursuant to this 
     paragraph shall be subject to prior consultation with, and 
     the regular notification procedures of, the Committees on 
     Appropriations.
       (3) Combat casualty care.--
       (A) Consistent with the objectives of the Foreign 
     Assistance Act of 1961 and the Arms Export Control Act, funds 
     appropriated by this Act under the headings ``Peacekeeping 
     Operations'' and ``Foreign Military Financing Program'' shall 
     be made available for combat casualty training and equipment 
     consistent with prior fiscal years.
       (B) The Secretary of State shall offer combat casualty care 
     training and equipment as a component of any package of 
     lethal assistance funded by this Act with funds appropriated 
     under the headings ``Peacekeeping Operations'' and ``Foreign 
     Military Financing Program'':  Provided, That the requirement 
     of this subparagraph shall apply to a country in conflict, 
     unless the Secretary determines that such country has in 
     place, to the maximum extent practicable, functioning combat 
     casualty care treatment and equipment that meets or exceeds 
     the standards recommended by the Committee on Tactical Combat 
     Casualty Care:  Provided further, That any such training and 
     equipment for combat casualty care shall be made available 
     through an open and competitive process.
       (4) Training related to international humanitarian law.--
     The Secretary of State shall offer training related to the 
     requirements of international humanitarian law as a component 
     of any package of lethal assistance funded by this Act with 
     funds appropriated under the headings ``Peacekeeping 
     Operations'' and ``Foreign Military Financing Program'':  
     Provided, That the requirement of this paragraph shall not 
     apply to a country that is a member of the North Atlantic 
     Treaty Organization (NATO), is a major non-NATO ally 
     designated by section 517(b) of the Foreign Assistance Act of 
     1961, or is complying with international humanitarian law:  
     Provided further, That any such training shall be made 
     available through an open and competitive process.
       (5) Security force professionalization.--Funds appropriated 
     by this Act under the headings ``International Narcotics 
     Control and Law Enforcement'' and ``Peacekeeping Operations'' 
     shall be made available to increase the capacity of foreign 
     military and law enforcement personnel to operate in 
     accordance with appropriate standards relating to human 
     rights and the protection of civilians in the manner 
     specified under this section in Senate Report 116-126, 
     following consultation with the Committees on Appropriations: 
      Provided, That funds made available pursuant to this 
     paragraph shall be made available through an open and 
     competitive process.
       (6) Global security contingency fund.--Notwithstanding any 
     other provision of this Act, up to $7,500,000 from funds 
     appropriated by this Act under the headings ``Peacekeeping 
     Operations'' and ``Foreign Military Financing Program'' may 
     be transferred to, and merged with, funds previously made 
     available under the heading ``Global Security Contingency 
     Fund'', subject to the regular notification procedures of the 
     Committees on Appropriations.
       (7) International prison conditions.--Of the funds 
     appropriated by this Act under the headings ``Development 
     Assistance'', ``Economic Support Fund'', and ``International 
     Narcotics Control and Law Enforcement'', not less than 
     $7,500,000 shall be made available for assistance to 
     eliminate inhumane conditions in foreign prisons and other 
     detention facilities, notwithstanding section 660 of the 
     Foreign Assistance Act of 1961:  Provided, That the Secretary 
     of State and the USAID Administrator shall consult with the 
     Committees on Appropriations on the proposed uses of such 
     funds prior to obligation and not later than 60 days after 
     enactment of this Act:  Provided further, That such funds 
     shall be in addition to funds otherwise made available by 
     this Act for such purpose.
       (b) Authorities.--
       (1) Reconstituting civilian police authority.--In providing 
     assistance with funds appropriated by this Act under section 
     660(b)(6) of the Foreign Assistance Act of 1961, support for 
     a nation emerging from instability may be deemed to mean 
     support for regional, district, municipal, or other sub-
     national entity emerging from instability, as well as a 
     nation emerging from instability.
       (2) Disarmament, demobilization, and reintegration.--
     Section 7034(d) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2015 
     (division J of Public Law 113-235) shall continue in effect 
     during fiscal year 2021.
       (3) Extension of war reserves stockpile authority.--
       (A) Section 12001(d) of the Department of Defense 
     Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1011) 
     is amended by striking ``of this section'' and all that 
     follows through the period at the end and inserting ``of this 
     section after September 30, 2023.''.
       (B) Section 514(b)(2)(A) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking ``and 
     2021'' and inserting ``2021, 2022, and 2023''.
       (4) Commercial leasing of defense articles.--
     Notwithstanding any other provision of law, and subject to 
     the regular notification procedures of the Committees on 
     Appropriations, the authority of section 23(a) of the Arms 
     Export Control Act (22 U.S.C. 2763) may be used to provide 
     financing to Israel, Egypt, the North Atlantic Treaty 
     Organization (NATO), and major non-NATO allies for the 
     procurement by leasing (including leasing with an option to 
     purchase) of defense articles from United States commercial 
     suppliers, not including Major Defense Equipment (other than 
     helicopters and other types of aircraft having possible 
     civilian application), if the President determines that there 
     are compelling foreign policy or national security reasons 
     for those defense articles being provided by commercial lease 
     rather than by government-to-government sale under such Act.
       (5) Special defense acquisition fund.--Not to exceed 
     $900,000,000 may be obligated pursuant to section 51(c)(2) of 
     the Arms Export Control Act (22 U.S.C. 2795(c)(2)) for the 
     purposes of the Special Defense Acquisition Fund (the Fund), 
     to remain available for obligation until September 30, 2023:  
     Provided, That the provision of defense articles and defense 
     services to foreign countries or international organizations 
     from the Fund shall be subject to the concurrence of the 
     Secretary of State.
       (6) Public disclosure.--For the purposes of funds 
     appropriated by this Act and prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs that are made available for assistance for units of 
     foreign security forces, the term ``to the maximum extent 
     practicable'' in section 620M(d)(7) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2378d) means that the identity of such 
     units shall be made publicly available unless the Secretary 
     of State, on a case-by-case basis, determines and reports to 
     the appropriate congressional committees that non-disclosure 
     is in the national security interest of the United States:  
     Provided, That any such determination shall include a 
     detailed justification, and may be submitted in classified 
     form.
       (7) Duty to inform.--
       (A) Compliance.--If assistance to a foreign security force 
     is provided in a manner in which the recipient unit or units 
     cannot be identified prior to the transfer of assistance, the 
     Secretary of State shall regularly provide a list of units 
     prohibited from receiving such assistance pursuant to section 
     620M of the Foreign Assistance Act of 1961 to the recipient 
     government, and such assistance shall be made available 
     subject to a written agreement that the recipient government 
     will comply with such prohibition:  Provided, That such 
     requirement regarding a written agreement shall take effect 
     not later than December 31, 2021.
       (B) Implementation plan.--Not later than 120 days after 
     enactment of this Act, the Secretary of State shall submit an 
     implementation plan to the Committees on Appropriations 
     including a timeline and mechanisms for executing such 
     agreements by December 31, 2021:  Provided, That the 
     Secretary of State shall consult with the Committees on 
     Appropriations prior to submitting such plan.
       (c) Limitations.--
       (1) Child soldiers.--Funds appropriated by this Act should 
     not be used to support any military training or operations 
     that include child soldiers.
       (2) Landmines and cluster munitions.--
       (A) Landmines.--Notwithstanding any other provision of law, 
     demining equipment available to the United States Agency for 
     International Development and the Department of State and 
     used in support of the clearance of landmines and unexploded 
     ordnance for humanitarian purposes may be disposed of on a 
     grant basis in foreign countries, subject to such terms and 
     conditions as the Secretary of State may prescribe.
       (B) Cluster munitions.--No military assistance shall be 
     furnished for cluster munitions, no defense export license 
     for cluster munitions may be issued, and no cluster munitions 
     or cluster munitions technology shall be sold or transferred, 
     unless--
       (i) the submunitions of the cluster munitions, after 
     arming, do not result in more than 1 percent unexploded 
     ordnance across the range of intended operational 
     environments, and the agreement applicable to the assistance, 
     transfer, or sale of such cluster munitions or cluster 
     munitions technology specifies that the cluster munitions 
     will only be used against clearly defined military targets 
     and will not be used where civilians are known to be present 
     or in areas normally inhabited by civilians; or
       (ii) such assistance, license, sale, or transfer is for the 
     purpose of demilitarizing or permanently disposing of such 
     cluster munitions.
       (3) Congressional budget justifications.--Of the funds 
     realized pursuant to section 21(e)(1)(A) of the Arms Export 
     Control Act and

[[Page H7478]]

     made available for obligation for expenses incurred by the 
     Department of Defense, Defense Security Cooperation Agency 
     (DSCA) during fiscal year 2021 pursuant to section 43(b) of 
     the Arms Export Control Act (22 U.S.C. 2792(b)), $25,000,000 
     shall be withheld from obligation until the DSCA, jointly 
     with the Department of State, submits to the Committees on 
     Appropriations the congressional budget justification for 
     funds requested under the heading ``Foreign Military 
     Financing Program'' for fiscal years 2021 and 2022, including 
     the accompanying classified appendices.
       (4) Crowd control items.--Funds appropriated by this Act 
     should not be used for tear gas, small arms, light weapons, 
     ammunition, or other items for crowd control purposes for 
     foreign security forces that use excessive force to repress 
     peaceful expression, association, or assembly in countries 
     that the Secretary of State determines are undemocratic or 
     are undergoing democratic transitions.
       (d) Reports.--
       (1) Security assistance report.--Not later than 120 days 
     after enactment of this Act, the Secretary of State shall 
     submit to the Committees on Appropriations a report on funds 
     obligated and expended during fiscal year 2020, by country 
     and purpose of assistance, under the headings ``Peacekeeping 
     Operations'', ``International Military Education and 
     Training'', and ``Foreign Military Financing Program''.
       (2) Annual foreign military training report.--For the 
     purposes of implementing section 656 of the Foreign 
     Assistance Act of 1961, the term ``military training provided 
     to foreign military personnel by the Department of Defense 
     and the Department of State'' shall be deemed to include all 
     military training provided by foreign governments with funds 
     appropriated to the Department of Defense or the Department 
     of State, except for training provided by the government of a 
     country designated by section 517(b) of such Act (22 U.S.C. 
     2321k(b)) as a major non-North Atlantic Treaty Organization 
     ally:  Provided, That such third-country training shall be 
     clearly identified in the report submitted pursuant to 
     section 656 of such Act.

                     arab league boycott of israel

       Sec. 7036.  It is the sense of the Congress that--
       (1) the Arab League boycott of Israel, and the secondary 
     boycott of American firms that have commercial ties with 
     Israel, is an impediment to peace in the region and to United 
     States investment and trade in the Middle East and North 
     Africa;
       (2) the Arab League boycott, which was regrettably 
     reinstated in 1997, should be immediately and publicly 
     terminated, and the Central Office for the Boycott of Israel 
     immediately disbanded;
       (3) all Arab League states should normalize relations with 
     their neighbor Israel;
       (4) the President and the Secretary of State should 
     continue to vigorously oppose the Arab League boycott of 
     Israel and find concrete steps to demonstrate that opposition 
     by, for example, taking into consideration the participation 
     of any recipient country in the boycott when determining to 
     sell weapons to said country; and
       (5) the President should report to Congress annually on 
     specific steps being taken by the United States to encourage 
     Arab League states to normalize their relations with Israel 
     to bring about the termination of the Arab League boycott of 
     Israel, including those to encourage allies and trading 
     partners of the United States to enact laws prohibiting 
     businesses from complying with the boycott and penalizing 
     businesses that do comply.

                         palestinian statehood

       Sec. 7037. (a) Limitation on Assistance.--None of the funds 
     appropriated under titles III through VI of this Act may be 
     provided to support a Palestinian state unless the Secretary 
     of State determines and certifies to the appropriate 
     congressional committees that--
       (1) the governing entity of a new Palestinian state--
       (A) has demonstrated a firm commitment to peaceful co-
     existence with the State of Israel; and
       (B) is taking appropriate measures to counter terrorism and 
     terrorist financing in the West Bank and Gaza, including the 
     dismantling of terrorist infrastructures, and is cooperating 
     with appropriate Israeli and other appropriate security 
     organizations; and
       (2) the Palestinian Authority (or the governing entity of a 
     new Palestinian state) is working with other countries in the 
     region to vigorously pursue efforts to establish a just, 
     lasting, and comprehensive peace in the Middle East that will 
     enable Israel and an independent Palestinian state to exist 
     within the context of full and normal relationships, which 
     should include--
       (A) termination of all claims or states of belligerency;
       (B) respect for and acknowledgment of the sovereignty, 
     territorial integrity, and political independence of every 
     state in the area through measures including the 
     establishment of demilitarized zones;
       (C) their right to live in peace within secure and 
     recognized boundaries free from threats or acts of force;
       (D) freedom of navigation through international waterways 
     in the area; and
       (E) a framework for achieving a just settlement of the 
     refugee problem.
       (b) Sense of Congress.--It is the sense of Congress that 
     the governing entity should enact a constitution assuring the 
     rule of law, an independent judiciary, and respect for human 
     rights for its citizens, and should enact other laws and 
     regulations assuring transparent and accountable governance.
       (c) Waiver.--The President may waive subsection (a) if the 
     President determines that it is important to the national 
     security interest of the United States to do so.
       (d) Exemption.--The restriction in subsection (a) shall not 
     apply to assistance intended to help reform the Palestinian 
     Authority and affiliated institutions, or the governing 
     entity, in order to help meet the requirements of subsection 
     (a), consistent with the provisions of section 7040 of this 
     Act (``Limitation on Assistance for the Palestinian 
     Authority'').

 prohibition on assistance to the palestinian broadcasting corporation

       Sec. 7038.  None of the funds appropriated or otherwise 
     made available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.

                 assistance for the west bank and gaza

       Sec. 7039. (a) Oversight.--For fiscal year 2021, 30 days 
     prior to the initial obligation of funds for the bilateral 
     West Bank and Gaza Program, the Secretary of State shall 
     certify to the Committees on Appropriations that procedures 
     have been established to assure the Comptroller General of 
     the United States will have access to appropriate United 
     States financial information in order to review the uses of 
     United States assistance for the Program funded under the 
     heading ``Economic Support Fund'' for the West Bank and Gaza.
       (b) Vetting.--Prior to the obligation of funds appropriated 
     by this Act under the heading ``Economic Support Fund'' for 
     assistance for the West Bank and Gaza, the Secretary of State 
     shall take all appropriate steps to ensure that such 
     assistance is not provided to or through any individual, 
     private or government entity, or educational institution that 
     the Secretary knows or has reason to believe advocates, 
     plans, sponsors, engages in, or has engaged in, terrorist 
     activity nor, with respect to private entities or educational 
     institutions, those that have as a principal officer of the 
     entity's governing board or governing board of trustees any 
     individual that has been determined to be involved in, or 
     advocating terrorist activity or determined to be a member of 
     a designated foreign terrorist organization:  Provided, That 
     the Secretary of State shall, as appropriate, establish 
     procedures specifying the steps to be taken in carrying out 
     this subsection and shall terminate assistance to any 
     individual, entity, or educational institution which the 
     Secretary has determined to be involved in or advocating 
     terrorist activity.
       (c) Prohibition.--
       (1) Recognition of acts of terrorism.--None of the funds 
     appropriated under titles III through VI of this Act for 
     assistance under the West Bank and Gaza Program may be made 
     available for--
       (A) the purpose of recognizing or otherwise honoring 
     individuals who commit, or have committed acts of terrorism; 
     and
       (B) any educational institution located in the West Bank or 
     Gaza that is named after an individual who the Secretary of 
     State determines has committed an act of terrorism.
       (2) Security assistance and reporting requirement.--
     Notwithstanding any other provision of law, none of the funds 
     made available by this or prior appropriations Acts, 
     including funds made available by transfer, may be made 
     available for obligation for security assistance for the West 
     Bank and Gaza until the Secretary of State reports to the 
     Committees on Appropriations on the benchmarks that have been 
     established for security assistance for the West Bank and 
     Gaza and reports on the extent of Palestinian compliance with 
     such benchmarks.
       (d) Oversight by the United States Agency for International 
     Development.--
       (1) The Administrator of the United States Agency for 
     International Development shall ensure that Federal or non-
     Federal audits of all contractors and grantees, and 
     significant subcontractors and sub-grantees, under the West 
     Bank and Gaza Program, are conducted at least on an annual 
     basis to ensure, among other things, compliance with this 
     section.
       (2) Of the funds appropriated by this Act, up to $1,000,000 
     may be used by the Office of Inspector General of the United 
     States Agency for International Development for audits, 
     investigations, and other activities in furtherance of the 
     requirements of this subsection:  Provided, That such funds 
     are in addition to funds otherwise available for such 
     purposes.
       (e) Comptroller General of the United States Audit.--
     Subsequent to the certification specified in subsection (a), 
     the Comptroller General of the United States shall conduct an 
     audit and an investigation of the treatment, handling, and 
     uses of all funds for the bilateral West Bank and Gaza 
     Program, including all funds provided as cash transfer 
     assistance, in fiscal year 2021 under the heading ``Economic 
     Support Fund'', and such audit shall address--
       (1) the extent to which such Program complies with the 
     requirements of subsections (b) and (c); and
       (2) an examination of all programs, projects, and 
     activities carried out under such Program, including both 
     obligations and expenditures.
       (f) Notification Procedures.--Funds made available in this 
     Act for West Bank and Gaza shall be subject to the regular 
     notification procedures of the Committees on Appropriations.

         limitation on assistance for the palestinian authority

       Sec. 7040. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives, the President pro 
     tempore of the Senate, and the Committees on Appropriations 
     that waiving such prohibition is important

[[Page H7479]]

     to the national security interest of the United States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of 6 months at a time and shall not apply beyond 12 
     months after the enactment of this Act.
       (d) Report.--Whenever the waiver authority pursuant to 
     subsection (b) is exercised, the President shall submit a 
     report to the Committees on Appropriations detailing the 
     justification for the waiver, the purposes for which the 
     funds will be spent, and the accounting procedures in place 
     to ensure that the funds are properly disbursed:  Provided, 
     That the report shall also detail the steps the Palestinian 
     Authority has taken to arrest terrorists, confiscate weapons 
     and dismantle the terrorist infrastructure.
       (e) Certification.--If the President exercises the waiver 
     authority under subsection (b), the Secretary of State must 
     certify and report to the Committees on Appropriations prior 
     to the obligation of funds that the Palestinian Authority has 
     established a single treasury account for all Palestinian 
     Authority financing and all financing mechanisms flow through 
     this account, no parallel financing mechanisms exist outside 
     of the Palestinian Authority treasury account, and there is a 
     single comprehensive civil service roster and payroll, and 
     the Palestinian Authority is acting to counter incitement of 
     violence against Israelis and is supporting activities aimed 
     at promoting peace, coexistence, and security cooperation 
     with Israel.
       (f) Prohibition to Hamas and the Palestine Liberation 
     Organization.--
       (1) None of the funds appropriated in titles III through VI 
     of this Act may be obligated for salaries of personnel of the 
     Palestinian Authority located in Gaza or may be obligated or 
     expended for assistance to Hamas or any entity effectively 
     controlled by Hamas, any power-sharing government of which 
     Hamas is a member, or that results from an agreement with 
     Hamas and over which Hamas exercises undue influence.
       (2) Notwithstanding the limitation of paragraph (1), 
     assistance may be provided to a power-sharing government only 
     if the President certifies and reports to the Committees on 
     Appropriations that such government, including all of its 
     ministers or such equivalent, has publicly accepted and is 
     complying with the principles contained in section 620K(b)(1) 
     (A) and (B) of the Foreign Assistance Act of 1961, as 
     amended.
       (3) The President may exercise the authority in section 
     620K(e) of the Foreign Assistance Act of 1961, as added by 
     the Palestinian Anti-Terrorism Act of 2006 (Public Law 109-
     446) with respect to this subsection.
       (4) Whenever the certification pursuant to paragraph (2) is 
     exercised, the Secretary of State shall submit a report to 
     the Committees on Appropriations within 120 days of the 
     certification and every quarter thereafter on whether such 
     government, including all of its ministers or such equivalent 
     are continuing to comply with the principles contained in 
     section 620K(b)(1) (A) and (B) of the Foreign Assistance Act 
     of 1961, as amended:  Provided, That the report shall also 
     detail the amount, purposes and delivery mechanisms for any 
     assistance provided pursuant to the abovementioned 
     certification and a full accounting of any direct support of 
     such government.
       (5) None of the funds appropriated under titles III through 
     VI of this Act may be obligated for assistance for the 
     Palestine Liberation Organization.

                      middle east and north africa

       Sec. 7041. (a) Egypt.--
       (1) Certification and report.--Funds appropriated by this 
     Act that are available for assistance for Egypt may be made 
     available notwithstanding any other provision of law 
     restricting assistance for Egypt, except for this subsection 
     and section 620M of the Foreign Assistance Act of 1961, and 
     may only be made available for assistance for the Government 
     of Egypt if the Secretary of State certifies and reports to 
     the Committees on Appropriations that such government is--
       (A) sustaining the strategic relationship with the United 
     States; and
       (B) meeting its obligations under the 1979 Egypt-Israel 
     Peace Treaty.
       (2) Economic support fund.--Of the funds appropriated by 
     this Act under the heading ``Economic Support Fund'', not 
     less than $125,000,000 shall be made available for assistance 
     for Egypt, of which $40,000,000 should be made available for 
     higher education programs, including not less than 
     $15,000,000 for scholarships for Egyptian students with high 
     financial need to attend not-for-profit institutions of 
     higher education in Egypt that are currently accredited by a 
     regional accrediting agency recognized by the United States 
     Department of Education, or meets standards equivalent to 
     those required for United States institutional accreditation 
     by a regional accrediting agency recognized by such 
     Department:  Provided, That such funds shall be made 
     available for democracy programs, and for development 
     programs in the Sinai:  Provided further, That such funds may 
     not be made available for cash transfer assistance or budget 
     support unless the Secretary of State certifies and reports 
     to the appropriate congressional committees that the 
     Government of Egypt is taking consistent and effective steps 
     to stabilize the economy and implement market-based economic 
     reforms.
       (3) Foreign military financing program.--
       (A) Certification.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'', 
     $1,300,000,000, to remain available until September 30, 2022, 
     should be made available for assistance for Egypt:  Provided, 
     That such funds may be transferred to an interest bearing 
     account in the Federal Reserve Bank of New York, following 
     consultation with the Committees on Appropriations, and the 
     uses of any interest earned on such funds shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations:  Provided further, That $225,000,000 of such 
     funds shall be withheld from obligation until the Secretary 
     of State certifies and reports to the Committees on 
     Appropriations that the Government of Egypt is taking 
     sustained and effective steps to--
       (i) strengthen the rule of law, democratic institutions, 
     and human rights in Egypt, including to protect religious 
     minorities and the rights of women, which are in addition to 
     steps taken during the previous calendar year for such 
     purposes;
       (ii) implement reforms that protect freedoms of expression, 
     association, and peaceful assembly, including the ability of 
     civil society organizations, human rights defenders, and the 
     media to function without interference;
       (iii) hold Egyptian security forces accountable, including 
     officers credibly alleged to have violated human rights;
       (iv) investigate and prosecute cases of extrajudicial 
     killings and forced disappearances; and
       (v) provide regular access for United States officials to 
     monitor such assistance in areas where the assistance is 
     used:
       Provided further, That the certification requirement of 
     this paragraph shall not apply to funds appropriated by this 
     Act under such heading for counterterrorism, border security, 
     and nonproliferation programs for Egypt.
       (B) Waiver.--The Secretary of State may waive the 
     certification requirement in subparagraph (A) if the 
     Secretary determines and reports to the Committees on 
     Appropriations that to do so is important to the national 
     security interest of the United States, and submits a report 
     to such Committees containing a detailed justification for 
     the use of such waiver and the reasons why any of the 
     requirements of subparagraph (A) cannot be met:  Provided, 
     That the report required by this paragraph shall be submitted 
     in unclassified form, but may be accompanied by a classified 
     annex.
       (C) In addition to the funds withheld pursuant to 
     subparagraph (A), $75,000,000 of the funds made available 
     pursuant to this paragraph shall be withheld from obligation 
     until the Secretary of State determines and reports to the 
     Committees on Appropriations that the Government of Egypt is 
     making clear and consistent progress in releasing political 
     prisoners and providing detainees with due process of law.
       (4) September 13, 2015, attack.--The Secretary of State 
     shall encourage good faith negotiations between the relevant 
     parties regarding the September 13, 2015, attack against a 
     tour group by the Egyptian military during which American 
     April Corley was injured:  Provided, That in lieu of the 
     reporting requirement under section 7041(a)(4) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2020 (division G of Public Law 116-94), 
     the Secretary of State shall report to the Committees on 
     Appropriations on the status of such negotiations not later 
     than 60 days after enactment of this Act and every 90 days 
     thereafter until September 30, 2021.
       (b) Iran.--
       (1) Funding.--Funds appropriated by this Act under the 
     headings ``Diplomatic Programs'', ``Economic Support Fund'', 
     and ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'' shall be made available for the programs and 
     activities described under this section in House Report 116-
     444.
       (2) Reports.--
       (A) Semi-annual report.--The Secretary of State shall 
     submit to the Committees on Appropriations the semi-annual 
     report required by section 135(d)(4) of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2160e(d)(4)), as added by section 2 of the 
     Iran Nuclear Agreement Review Act of 2015 (Public Law 114-
     17).
       (B) Sanctions report.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of State, in 
     consultation with the Secretary of the Treasury, shall submit 
     to the appropriate congressional committees a report on--
       (i) the status of United States bilateral sanctions on 
     Iran;
       (ii) the reimposition and renewed enforcement of secondary 
     sanctions; and
       (iii) the impact such sanctions have had on Iran's 
     destabilizing activities throughout the Middle East.
       (c) Iraq.--
       (1) Purposes.--Funds appropriated under titles III and IV 
     of this Act shall be made available for assistance for Iraq 
     for--
       (A) bilateral economic assistance and international 
     security assistance, including in the Kurdistan Region of 
     Iraq;
       (B) stabilization assistance, including in Anbar Province;
       (C) justice sector strengthening;
       (D) humanitarian assistance, including in the Kurdistan 
     Region of Iraq; and
       (E) programs to protect and assist religious and ethnic 
     minority populations in Iraq, including as described under 
     this section in House Report 116-444.
       (2) United states consulate general basrah.--Any change in 
     the status of operations at United States Consulate General 
     Basrah, including the return of Consulate property located 
     adjacent to the Basrah International Airport to the 
     Government of Iraq, shall be subject to prior consultation 
     with the appropriate congressional committees and the regular 
     notification procedures of the Committees on Appropriations.
       (3) Basing rights agreement.--None of the funds 
     appropriated or otherwise made available by this Act may be 
     used by the Government of the United States to enter into a 
     permanent basing rights agreement between the United States 
     and Iraq.

[[Page H7480]]

       (d) Jordan.--Of the funds appropriated by this Act under 
     titles III and IV, not less than $1,650,000,000 shall be made 
     available for assistance for Jordan, of which: not less than 
     $845,100,000 shall be made available for budget support for 
     the Government of Jordan; not less than $10,000,000 shall be 
     made available for programs and activities for which policy 
     justifications and decisions shall be the responsibility of 
     the United States Chief of Mission in Jordan; and not less 
     than $425,000,000 shall be made available under the heading 
     ``Foreign Military Financing Program''.
       (e) Lebanon.--
       (1) Assistance.--Funds appropriated under titles III and IV 
     of this Act shall be made available for assistance for 
     Lebanon:  Provided, That such funds made available under the 
     heading ``Economic Support Fund'' may be made available 
     notwithstanding section 1224 of the Foreign Relations 
     Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
     U.S.C. 2346 note).
       (2) Security assistance.--
       (A) Funds appropriated by this Act under the headings 
     ``International Narcotics Control and Law Enforcement'' and 
     ``Foreign Military Financing Program'' that are made 
     available for assistance for Lebanon may be made available 
     for programs and equipment for the Lebanese Internal Security 
     Forces (ISF) and the Lebanese Armed Forces (LAF) to address 
     security and stability requirements in areas affected by 
     conflict in Syria, following consultation with the 
     appropriate congressional committees.
       (B) Funds appropriated by this Act under the heading 
     ``Foreign Military Financing Program'' that are made 
     available for assistance for Lebanon may only be made 
     available for programs to--
       (i) professionalize the LAF to mitigate internal and 
     external threats from non-state actors, including Hizballah;
       (ii) strengthen border security and combat terrorism, 
     including training and equipping the LAF to secure the 
     borders of Lebanon and address security and stability 
     requirements in areas affected by conflict in Syria, 
     interdicting arms shipments, and preventing the use of 
     Lebanon as a safe haven for terrorist groups; and
       (iii) implement United Nations Security Council Resolution 
     1701:
       Provided, That prior to obligating funds made available by 
     this subparagraph for assistance for the LAF, the Secretary 
     of State shall submit to the Committees on Appropriations a 
     spend plan, including actions to be taken to ensure equipment 
     provided to the LAF is used only for the intended purposes, 
     except such plan may not be considered as meeting the 
     notification requirements under section 7015 of this Act or 
     under section 634A of the Foreign Assistance Act of 1961, and 
     shall be submitted not later than June 1, 2021:  Provided 
     further, That any notification submitted pursuant to such 
     section shall include any funds specifically intended for 
     lethal military equipment.
       (3) Limitation.--None of the funds appropriated by this Act 
     may be made available for the ISF or the LAF if the ISF or 
     the LAF is controlled by a foreign terrorist organization, as 
     designated pursuant to section 219 of the Immigration and 
     Nationality Act (8 U.S.C. 1189).
       (f) Libya.--
       (1) Assistance.--Funds appropriated under titles III and IV 
     of this Act shall be made available for stabilization 
     assistance for Libya, including support for a United Nations-
     facilitated political process and border security:  Provided, 
     That the limitation on the uses of funds for certain 
     infrastructure projects in section 7041(f)(2) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2014 (division K of Public Law 113-76) 
     shall apply to such funds.
       (2) Certification.--Prior to the initial obligation of 
     funds made available by this Act for assistance for Libya, 
     the Secretary of State shall certify and report to the 
     Committees on Appropriations that all practicable steps have 
     been taken to ensure that mechanisms are in place for 
     monitoring, oversight, and control of such funds.
       (g) Morocco.--
       (1) Availability and consultation requirement.--Funds 
     appropriated under title III of this Act shall be made 
     available for assistance for the Western Sahara:  Provided, 
     That not later than 90 days after enactment of this Act and 
     prior to the obligation of such funds, the Secretary of 
     State, in consultation with the Administrator of the United 
     States Agency for International Development, shall consult 
     with the Committees on Appropriations on the proposed uses of 
     such funds.
       (2) Foreign military financing program.--Funds appropriated 
     by this Act under the heading ``Foreign Military Financing 
     Program'' that are available for assistance for Morocco may 
     only be used for the purposes requested in the Congressional 
     Budget Justification, Foreign Operations, Fiscal Year 2017.
       (h) Saudi Arabia.--
       (1) International military education and training.--None of 
     the funds appropriated by this Act under the heading 
     ``International Military Education and Training'' may be made 
     available for assistance for the Government of Saudi Arabia.
       (2) Export-import bank.--None of the funds appropriated or 
     otherwise made available by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs should be obligated or 
     expended by the Export-Import Bank of the United States to 
     guarantee, insure, or extend (or participate in the extension 
     of) credit in connection with the export of nuclear 
     technology, equipment, fuel, materials, or other nuclear 
     technology-related goods or services to Saudi Arabia unless 
     the Government of Saudi Arabia--
       (A) has in effect a nuclear cooperation agreement pursuant 
     to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2153);
       (B) has committed to renounce uranium enrichment and 
     reprocessing on its territory under that agreement; and
       (C) has signed and implemented an Additional Protocol to 
     its Comprehensive Safeguards Agreement with the International 
     Atomic Energy Agency.
       (i) Syria.--
       (1) Non-lethal assistance.--Of the funds appropriated by 
     this Act under the headings ``Economic Support Fund'', 
     ``International Narcotics Control and Law Enforcement'', and 
     ``Peacekeeping Operations'', not less than $40,000,000 shall 
     be made available, notwithstanding any other provision of 
     law, for non-lethal stabilization assistance for Syria, of 
     which not less than $7,000,000 shall be made available for 
     emergency medical and rescue response and chemical weapons 
     use investigations.
       (2) Limitations.--Funds made available pursuant to 
     paragraph (1) of this subsection--
       (A) may not be made available for a project or activity 
     that supports or otherwise legitimizes the Government of 
     Iran, foreign terrorist organizations (as designated pursuant 
     to section 219 of the Immigration and Nationality Act (8 
     U.S.C. 1189)), or a proxy of Iran in Syria;
       (B) may not be made available for activities that further 
     the strategic objectives of the Government of the Russian 
     Federation that the Secretary of State determines may 
     threaten or undermine United States national security 
     interests; and
       (C) should not be used in areas of Syria controlled by a 
     government led by Bashar al-Assad or associated forces.
       (3) Monitoring and oversight.--Prior to the obligation of 
     any funds appropriated by this Act and made available for 
     assistance for Syria, the Secretary of State shall take all 
     practicable steps to ensure that mechanisms are in place for 
     monitoring, oversight, and control of such assistance inside 
     Syria.
       (4) Consultation and notification.--Funds made available 
     pursuant to this subsection may only be made available 
     following consultation with the appropriate congressional 
     committees, and shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (j) Tunisia.--Of the funds appropriated under titles III 
     and IV of this Act and prior Acts making appropriations for 
     the Department of State, foreign operations, and related 
     programs, not less than $241,400,000 shall be made available 
     for assistance for Tunisia.
       (k) West Bank and Gaza.--
       (1) Report on assistance.--Prior to the initial obligation 
     of funds made available by this Act under the heading 
     ``Economic Support Fund'' for assistance for the West Bank 
     and Gaza, the Secretary of State shall report to the 
     Committees on Appropriations that the purpose of such 
     assistance is to--
       (A) advance Middle East peace;
       (B) improve security in the region;
       (C) continue support for transparent and accountable 
     government institutions;
       (D) promote a private sector economy; or
       (E) address urgent humanitarian needs.
       (2) Limitations.--
       (A)(i) None of the funds appropriated under the heading 
     ``Economic Support Fund'' in this Act may be made available 
     for assistance for the Palestinian Authority, if after the 
     date of enactment of this Act--

       (I) the Palestinians obtain the same standing as member 
     states or full membership as a state in the United Nations or 
     any specialized agency thereof outside an agreement 
     negotiated between Israel and the Palestinians; or
       (II) the Palestinians initiate an International Criminal 
     Court (ICC) judicially authorized investigation, or actively 
     support such an investigation, that subjects Israeli 
     nationals to an investigation for alleged crimes against 
     Palestinians.

       (ii) The Secretary of State may waive the restriction in 
     clause (i) of this subparagraph resulting from the 
     application of subclause (I) of such clause if the Secretary 
     certifies to the Committees on Appropriations that to do so 
     is in the national security interest of the United States, 
     and submits a report to such Committees detailing how the 
     waiver and the continuation of assistance would assist in 
     furthering Middle East peace.
       (B)(i) The President may waive the provisions of section 
     1003 of the Foreign Relations Authorization Act, Fiscal Years 
     1988 and 1989 (Public Law 100-204) if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives, the President pro tempore of the 
     Senate, and the appropriate congressional committees that the 
     Palestinians have not, after the date of enactment of this 
     Act--

       (I) obtained in the United Nations or any specialized 
     agency thereof the same standing as member states or full 
     membership as a state outside an agreement negotiated between 
     Israel and the Palestinians; and
       (II) initiated or actively supported an ICC investigation 
     against Israeli nationals for alleged crimes against 
     Palestinians.

       (ii) Not less than 90 days after the President is unable to 
     make the certification pursuant to clause (i) of this 
     subparagraph, the President may waive section 1003 of Public 
     Law 100-204 if the President determines and certifies in 
     writing to the Speaker of the House of Representatives, the 
     President pro tempore of the Senate, and the Committees on 
     Appropriations that the Palestinians have entered into direct 
     and meaningful negotiations with Israel:  Provided, That any 
     waiver of the provisions of section 1003 of Public Law 100-
     204 under clause (i) of this subparagraph or under previous 
     provisions of law must expire before the waiver under the 
     preceding sentence may be exercised.
       (iii) Any waiver pursuant to this subparagraph shall be 
     effective for no more than a period of 6 months at a time and 
     shall not apply

[[Page H7481]]

     beyond 12 months after the enactment of this Act.
       (3) Application of taylor force act.--Funds appropriated by 
     this Act under the heading ``Economic Support Fund'' that are 
     made available for assistance for the West Bank and Gaza 
     shall be made available consistent with section 1004(a) of 
     the Taylor Force Act (title X of division S of Public Law 
     115-141).
       (4) Security report.--The reporting requirements in section 
     1404 of the Supplemental Appropriations Act, 2008 (Public Law 
     110-252) shall apply to funds made available by this Act, 
     including a description of modifications, if any, to the 
     security strategy of the Palestinian Authority.
       (5) Incitement report.--Not later than 90 days after 
     enactment of this Act, the Secretary of State shall submit a 
     report to the appropriate congressional committees detailing 
     steps taken by the Palestinian Authority to counter 
     incitement of violence against Israelis and to promote peace 
     and coexistence with Israel.
       (l) Yemen.--Funds appropriated under title III and under 
     the headings ``International Narcotics Control and Law 
     Enforcement'' and ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'' of this Act and prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs shall be made available for 
     health, humanitarian, and stabilization assistance for Yemen.

                                 africa

       Sec. 7042. (a) African Great Lakes Region Assistance 
     Restriction.--Funds appropriated by this Act under the 
     heading ``International Military Education and Training'' for 
     the central government of a country in the African Great 
     Lakes region may be made available only for Expanded 
     International Military Education and Training and 
     professional military education until the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that such government is not facilitating or otherwise 
     participating in destabilizing activities in a neighboring 
     country, including aiding and abetting armed groups.
       (b) Cameroon.--Funds appropriated under title IV of this 
     Act that are made available for assistance for the armed 
     forces of Cameroon, including the Rapid Intervention 
     Battalion, may only be made available to counter regional 
     terrorism, including Boko Haram and other Islamic State 
     affiliates, participate in international peacekeeping 
     operations, and for military education and maritime security 
     programs.
       (c) Central African Republic.--Of the funds appropriated by 
     this Act under the heading ``Economic Support Fund'', not 
     less than $3,000,000 shall be made available for a 
     contribution to the Special Criminal Court in Central African 
     Republic.
       (d) Counter Illicit Armed Groups.--Funds appropriated by 
     this Act shall be made available for programs and activities 
     in areas affected by the Lord's Resistance Army (LRA) or 
     other illicit armed groups in Eastern Democratic Republic of 
     the Congo and the Central African Republic, including to 
     improve physical access, telecommunications infrastructure, 
     and early-warning mechanisms and to support the disarmament, 
     demobilization, and reintegration of former LRA combatants, 
     especially child soldiers.
       (e) Democratic Republic of the Congo.--Of the funds 
     appropriated under titles III and IV of this Act, not less 
     than $325,000,000 shall be made available for assistance for 
     the Democratic Republic of the Congo (DRC) for stabilization, 
     global health, and bilateral economic assistance, including 
     in areas affected by, and at risk from, the Ebola virus 
     disease:  Provided, That such funds shall also be made 
     available to support security, stabilization, development, 
     and democracy in Eastern DRC:  Provided further, That funds 
     appropriated by this Act under the headings ``Peacekeeping 
     Operations'' and ``International Military Education and 
     Training'' that are made available for such purposes may be 
     made available notwithstanding any other provision of law, 
     except section 620M of the Foreign Assistance Act of 1961.
       (f) Lake Chad Basin Countries.--Funds appropriated under 
     titles III and IV of this Act shall be made available for 
     assistance for Cameroon, Chad, Niger, and Nigeria for--
       (1) democracy, development, and health programs;
       (2) assistance for individuals targeted by foreign 
     terrorist and other extremist organizations, including Boko 
     Haram, consistent with the provisions of section 7059 of this 
     Act;
       (3) assistance for individuals displaced by violent 
     conflict; and
       (4) counterterrorism programs.
       (g) Malawi.--Of the funds appropriated by this Act under 
     the heading ``Development Assistance'', not less than 
     $60,000,000 shall be made available for assistance for 
     Malawi, of which up to $10,000,000 shall be made available 
     for higher education programs.
       (h) Sahel Stabilization and Security.--Funds appropriated 
     under titles III and IV of this Act shall be made available 
     for stabilization, health, development, and security programs 
     in the countries of the Sahel region.
       (i) South Sudan.--
       (1) Assistance.--Of the funds appropriated under title III 
     of this Act that are made available for assistance for South 
     Sudan, not less than $15,000,000 shall be made available for 
     democracy programs and not less than $8,000,000 shall be made 
     available for conflict mitigation and reconciliation 
     programs.
       (2) Limitation on assistance for the central government.--
     Funds appropriated by this Act that are made available for 
     assistance for the central Government of South Sudan may only 
     be made available, following consultation with the Committees 
     on Appropriations, for--
       (A) humanitarian assistance;
       (B) health programs, including to prevent, detect, and 
     respond to infectious diseases;
       (C) assistance to support South Sudan peace negotiations or 
     to advance or implement a peace agreement; and
       (D) assistance to support implementation of outstanding 
     issues of the Comprehensive Peace Agreement and mutual 
     arrangements related to such agreement:
       Provided, That prior to the initial obligation of funds 
     made available pursuant to subparagraphs (C) and (D), the 
     Secretary of State shall consult with the Committees on 
     Appropriations on the intended uses of such funds and steps 
     taken by such government to advance or implement a peace 
     agreement.
       (j) Sudan.--
       (1) Assistance.--
       (A) Of the funds appropriated under title III of this Act 
     and prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, except for 
     funds designated by the Congress as an emergency requirement 
     pursuant to a concurrent resolution on the budget or the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     not less than $60,000,000 shall be made available for 
     assistance for Sudan, following consultation with the 
     Committees on Appropriations:  Provided, That amounts 
     repurposed pursuant to this subparagraph that were previously 
     designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 are designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of such Act:  Provided 
     further, That notwithstanding any other provision of law, 
     such funds may be made available for agriculture and economic 
     growth programs, and economic assistance for marginalized 
     areas in Sudan and Abyei.
       (B) None of the funds appropriated under title IV of this 
     Act may be made available for assistance for the Government 
     of Sudan, except assistance to support implementation of 
     outstanding issues of the Comprehensive Peace Agreement, 
     mutual arrangements related to post-referendum issues 
     associated with such Agreement, or any other viable peace 
     agreement in Sudan.
       (2) Extension of authorization.--Section 501(i) of title V 
     of H.R. 3425 of the 106th Congress, as enacted into law by 
     section 1000(a)(5) of Public Law 106-113 (113 Stat. 1501, 
     1535-36), and set forth in Appendix E thereof (113 Stat. 
     1501A-289,-313), as most recently amended by section 904(b) 
     of the Further Consolidated Appropriations Act, 2020 (Public 
     Law 116-94, 113 Stat. 2534, 3086), is further amended by 
     striking ``2000-2021'' and inserting ``2000-2025''.
       (3) Consultation.--Funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs that are made 
     available for any new program, project, or activity in Sudan 
     shall be subject to prior consultation with the appropriate 
     congressional committees.
       (k) Zimbabwe.--
       (1) Instruction.--The Secretary of the Treasury shall 
     instruct the United States executive director of each 
     international financial institution to vote against any 
     extension by the respective institution of any loan or grant 
     to the Government of Zimbabwe, except to meet basic human 
     needs or to promote democracy, unless the Secretary of State 
     certifies and reports to the Committees on Appropriations 
     that the rule of law has been restored, including respect for 
     ownership and title to property, and freedoms of expression, 
     association, and assembly.
       (2) Limitation.--None of the funds appropriated by this Act 
     shall be made available for assistance for the central 
     Government of Zimbabwe, except for health and education, 
     unless the Secretary of State certifies and reports as 
     required in paragraph (1).

                       east asia and the pacific

       Sec. 7043. (a) Burma.--
       (1) Bilateral economic assistance.--
       (A) Of the funds appropriated under title III and under the 
     heading ``International Narcotics Control and Law 
     Enforcement'' of this Act, not less than $134,950,000 shall 
     be made available for assistance for Burma:  Provided, That 
     such funds may be made available notwithstanding any other 
     provision of law and following consultation with the 
     appropriate congressional committees:  Provided further, That 
     such funds shall be made available for programs to promote 
     ethnic and religious tolerance and to combat gender-based 
     violence, including in Kachin, Karen, Rakhine, and Shan 
     states:  Provided further, That such funds shall be made 
     available for programs to strengthen media and civil society 
     organizations:  Provided further, That such funds may be made 
     available for ethnic groups and civil society in Burma to 
     help sustain ceasefire agreements and further prospects for 
     reconciliation and peace, which may include support to 
     representatives of ethnic armed groups for this purpose.
       (B) Funds appropriated under title III of this Act for 
     assistance for Burma shall be made available for community-
     based organizations operating in Thailand to provide food, 
     medical, and other humanitarian assistance to internally 
     displaced persons in eastern Burma, in addition to assistance 
     for Burmese refugees from funds appropriated by this Act 
     under the heading ``Migration and Refugee Assistance'':  
     Provided, That such funds may be available for programs to 
     support the return of Kachin, Karen, Rohingya, Shan, and 
     other refugees and internally displaced persons to their 
     locations of origin or preference in Burma only if such 
     returns are voluntary and consistent with international law.
       (C) Funds appropriated under title III of this Act for 
     assistance for Burma that are made

[[Page H7482]]

     available for assistance for the Government of Burma to 
     support the implementation of Nationwide Ceasefire Agreement 
     conferences, committees, and other procedures may only be 
     made available if the Secretary of State reports to the 
     Committees on Appropriations that such conferences, 
     committees, and procedures are directed toward a sustainable 
     peace and the Government of Burma is implementing its 
     commitments under such Agreement.
       (2) International security assistance.--None of the funds 
     appropriated by this Act under the headings ``International 
     Military Education and Training'' and ``Foreign Military 
     Financing Program'' may be made available for assistance for 
     Burma:  Provided, That the Department of State may continue 
     consultations with the armed forces of Burma only on human 
     rights and disaster response in a manner consistent with the 
     prior fiscal year, and following consultation with the 
     appropriate congressional committees.
       (3) Limitations.--None of the funds appropriated under 
     title III of this Act for assistance for Burma may be made 
     available to any organization or entity controlled by the 
     armed forces of Burma, or to any individual or organization 
     that has committed a gross violation of human rights or 
     advocates violence against ethnic or religious groups or 
     individuals in Burma, as determined by the Secretary of State 
     for programs administered by the Department of State and 
     USAID or the President of the National Endowment for 
     Democracy (NED) for programs administered by NED.
       (4) Consultation.--Any new program or activity in Burma 
     initiated in fiscal year 2021 shall be subject to prior 
     consultation with the appropriate congressional committees.
       (b) Cambodia.--
       (1) Assistance.--Of the funds appropriated under title III 
     of this Act, not less than $85,505,000 shall be made 
     available for assistance for Cambodia.
       (2) Certification and exceptions.--
       (A) Certification.--None of the funds appropriated by this 
     Act that are made available for assistance for the Government 
     of Cambodia may be obligated or expended unless the Secretary 
     of State certifies and reports to the Committees on 
     Appropriations that such Government is taking effective steps 
     to--
       (i) strengthen regional security and stability, 
     particularly regarding territorial disputes in the South 
     China Sea and the enforcement of international sanctions with 
     respect to North Korea;
       (ii) assert its sovereignty against interference by the 
     People's Republic of China, including by verifiably 
     maintaining the neutrality of Ream Naval Base, other military 
     installations in Cambodia, and dual use facilities such as 
     the Dara Sakor development project;
       (iii) cease violence and harassment against civil society 
     and the political opposition in Cambodia, and dismiss any 
     politically motivated criminal charges against those who 
     criticize the government; and
       (iv) respect the rights, freedoms, and responsibilities 
     enshrined in the Constitution of the Kingdom of Cambodia as 
     enacted in 1993.
       (B) Exceptions.--The certification required by subparagraph 
     (A) shall not apply to funds appropriated by this Act and 
     made available for democracy, health, education, and 
     environment programs, programs to strengthen the sovereignty 
     of Cambodia, and programs to educate and inform the people of 
     Cambodia of the influence activities of the People's Republic 
     of China in Cambodia.
       (3) Uses of funds.--Funds appropriated under title III of 
     this Act for assistance for Cambodia shall be made available 
     for--
       (A) research and education programs associated with the 
     Khmer Rouge in Cambodia; and
       (B) programs in the Khmer language to monitor, map, and 
     publicize the efforts by the People's Republic of China to 
     expand its influence in Cambodia.
       (c) Indo-Pacific Strategy and the Asia Reassurance 
     Initiative Act of 2018.--
       (1) Assistance.--Of the funds appropriated under titles III 
     and IV of this Act, not less than $1,482,000,000 shall be 
     made available to support implementation of the Indo-Pacific 
     Strategy and the Asia Reassurance Initiative Act of 2018 
     (Public Law 115-409).
       (2) Countering chinese influence fund.--Of the funds 
     appropriated by this Act under the headings ``Development 
     Assistance'', ``Economic Support Fund'', ``International 
     Narcotics Control and Law Enforcement'', ``Nonproliferation, 
     Anti-terrorism, Demining and Related Programs'', and 
     ``Foreign Military Financing Program'', not less than 
     $300,000,000 shall be made available for a Countering Chinese 
     Influence Fund to counter the malign influence of the 
     Government of the People's Republic of China and the Chinese 
     Communist Party and entities acting on their behalf globally, 
     which shall be subject to prior consultation with the 
     Committees on Appropriations:  Provided, That such funds are 
     in addition to amounts otherwise made available for such 
     purposes:  Provided further, That such funds appropriated 
     under such headings may be transferred to, and merged with, 
     funds appropriated under such headings:  Provided further, 
     That such transfer authority is in addition to any other 
     transfer authority provided by this Act or any other Act, and 
     is subject to the regular notification procedures of the 
     Committees on Appropriations.
       (3) Restriction on uses of funds.--None of the funds 
     appropriated by this Act and prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs may be made available for any project or activity 
     that directly supports or promotes--
       (A) the Belt and Road Initiative or any dual-use 
     infrastructure projects of the People's Republic of China; 
     and
       (B) the use of technology, including biotechnology, 
     digital, telecommunications, and cyber, developed by the 
     People's Republic of China unless the Secretary of State, in 
     consultation with the USAID Administrator and the heads of 
     other Federal agencies, as appropriate, determines that such 
     use does not adversely impact the national security of the 
     United States.
       (d) Laos.--Of the funds appropriated under titles III and 
     IV of this Act, not less than $80,930,000 shall be made 
     available for assistance for Laos.
       (e) North Korea.--
       (1) Cybersecurity.--None of the funds appropriated by this 
     Act or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs may be made 
     available for assistance for the central government of a 
     country the Secretary of State determines and reports to the 
     appropriate congressional committees engages in significant 
     transactions contributing materially to the malicious cyber-
     intrusion capabilities of the Government of North Korea:  
     Provided, That the Secretary of State shall submit the report 
     required by section 209 of the North Korea Sanctions and 
     Policy Enhancement Act of 2016 (Public Law 114-122; 22 U.S.C. 
     9229) to the Committees on Appropriations:  Provided further, 
     That the Secretary of State may waive the application of the 
     restriction in this paragraph with respect to assistance for 
     the central government of a country if the Secretary 
     determines and reports to the appropriate congressional 
     committees that to do so is important to the national 
     security interest of the United States, including a 
     description of such interest served.
       (2) Broadcasts.--Funds appropriated by this Act under the 
     heading ``International Broadcasting Operations'' shall be 
     made available to maintain broadcasting hours into North 
     Korea at levels not less than the prior fiscal year.
       (3) Human rights.--Funds appropriated by this Act under the 
     headings ``Economic Support Fund'' and ``Democracy Fund'' 
     shall be made available for the promotion of human rights in 
     North Korea:  Provided, That the authority of section 
     7032(b)(1) of this Act shall apply to such funds.
       (4) Limitation on use of funds.--None of the funds made 
     available by this Act under the heading ``Economic Support 
     Fund'' may be made available for assistance for the 
     Government of North Korea.
       (f) People's Republic of China.--
       (1) Limitation on use of funds.--None of the funds 
     appropriated under the heading ``Diplomatic Programs'' in 
     this Act may be obligated or expended for processing licenses 
     for the export of satellites of United States origin 
     (including commercial satellites and satellite components) to 
     the People's Republic of China (PRC) unless, at least 15 days 
     in advance, the Committees on Appropriations are notified of 
     such proposed action.
       (2) People's liberation army.--The terms and requirements 
     of section 620(h) of the Foreign Assistance Act of 1961 shall 
     apply to foreign assistance projects or activities of the 
     People's Liberation Army (PLA) of the PRC, to include such 
     projects or activities by any entity that is owned or 
     controlled by, or an affiliate of, the PLA:  Provided, That 
     none of the funds appropriated or otherwise made available 
     pursuant to this Act may be used to finance any grant, 
     contract, or cooperative agreement with the PLA, or any 
     entity that the Secretary of State has reason to believe is 
     owned or controlled by, or an affiliate of, the PLA.
       (3) Hong kong.--
       (A) Democracy programs.--Of the funds appropriated by this 
     Act under the first paragraph under the heading ``Democracy 
     Fund'', not less than $3,000,000 shall be made available for 
     democracy and Internet freedom programs for Hong Kong, 
     including legal and other support for democracy activists.
       (B) Restrictions on assistance.--None of the funds 
     appropriated by this Act or prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs that are made available for assistance for Hong Kong 
     should be obligated for assistance for the Government of the 
     People's Republic of China and the Chinese Communist Party or 
     any entity acting on their behalf in Hong Kong.
       (C) Report.--Funds appropriated under title I of this Act 
     shall be made available to prepare and submit to Congress the 
     report required by section 301 of the United States-Hong Kong 
     Policy Act of 1992 (22 U.S.C. 5731), which shall include the 
     information described in section 7043(f)(4)(B) of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2020 (division G of Public Law 116-94) 
     and under this paragraph in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act).
       (4) Uyghurs and other muslim minorities.--The determination 
     described under this heading in the explanatory statement 
     described in section 4 (in the matter preceding division A of 
     this consolidated Act) shall be submitted to the appropriate 
     congressional committees not later than 90 days after 
     enactment of this Act.
       (5) Clarification.--Funds appropriated by this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs that are made 
     available for programs in the People's Republic of China may 
     be used to counter the impact of Chinese influence and 
     investments in the Greater Mekong Subregion, following 
     consultation with the Committees on Appropriations.
       (g) Philippines.--None of the funds appropriated by this 
     Act may be made available for counternarcotics assistance for 
     the Philippines, except for drug demand reduction, maritime 
     law enforcement, or transnational interdiction.
       (h) Tibet.--
       (1) Financing of projects in tibet.--The Secretary of the 
     Treasury should instruct the United States executive director 
     of each international financial institution to use the voice

[[Page H7483]]

     and vote of the United States to support financing of 
     projects in Tibet if such projects do not provide incentives 
     for the migration and settlement of non-Tibetans into Tibet 
     or facilitate the transfer of ownership of Tibetan land and 
     natural resources to non-Tibetans, are based on a thorough 
     needs-assessment, foster self-sufficiency of the Tibetan 
     people and respect Tibetan culture and traditions, and are 
     subject to effective monitoring.
       (2) Programs for tibetan communities.--(A) Notwithstanding 
     any other provision of law, of the funds appropriated by this 
     Act under the heading ``Economic Support Fund'', not less 
     than $8,000,000 shall be made available to nongovernmental 
     organizations to support activities which preserve cultural 
     traditions and promote sustainable development, education, 
     and environmental conservation in Tibetan communities in the 
     Tibet Autonomous Region and in other Tibetan communities in 
     China.
       (B) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $6,000,000 shall be 
     made available for programs to promote and preserve Tibetan 
     culture and language in the refugee and diaspora Tibetan 
     communities, development, and the resilience of Tibetan 
     communities and the Central Tibetan Administration in India 
     and Nepal, and to assist in the education and development of 
     the next generation of Tibetan leaders from such communities: 
      Provided, That such funds are in addition to amounts made 
     available in subparagraph (A) for programs inside Tibet.
       (C) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $3,000,000 shall be 
     made available for programs to strengthen the capacity of the 
     Central Tibetan Administration:  Provided, That such funds 
     shall be administered by the United States Agency for 
     International Development.
       (i) Vietnam.--Of the funds appropriated under titles III 
     and IV of this Act, not less than $169,739,000 shall be made 
     available for assistance for Vietnam, of which not less 
     than--
       (1) $14,500,000 shall be made available for health and 
     disability programs in areas sprayed with Agent Orange and 
     contaminated with dioxin, to assist individuals with severe 
     upper or lower body mobility impairment or cognitive or 
     developmental disabilities;
       (2) $19,000,000 shall be made available, notwithstanding 
     any other provision of law, for activities related to the 
     remediation of dioxin contaminated sites in Vietnam and may 
     be made available for assistance for the Government of 
     Vietnam, including the military, for such purposes; and
       (3) $2,500,000 shall be made available for a war legacy 
     reconciliation program.

                         south and central asia

       Sec. 7044. (a) Afghanistan.--
       (1) Funding and limitations.--Funds appropriated by this 
     Act under the headings ``Economic Support Fund'' and 
     ``International Narcotics Control and Law Enforcement'' that 
     are made available for assistance for Afghanistan--
       (A) shall be made available to implement the South Asia 
     Strategy, the Revised Strategy for United States Engagement 
     in Afghanistan, and the United States Agency for 
     International Development Country Development Cooperation 
     Strategy for Afghanistan;
       (B) shall be made available for programs that implement and 
     support comprehensive strategies to combat corruption in 
     Afghanistan, with an emphasis on public disclosure of 
     government receipts and expenditures and prosecution and 
     punishment of corrupt officials;
       (C) shall be made available to continue support for not-
     for-profit institutions of higher education in Kabul, 
     Afghanistan that are accessible to both women and men in a 
     coeducational environment, including for the costs for 
     operations and security for such institutions;
       (D) shall be made available for programs that protect and 
     strengthen the rights of Afghan women and girls and promote 
     the political and economic empowerment of women including 
     their meaningful inclusion in political processes:  Provided, 
     That such assistance to promote the economic empowerment of 
     women shall be made available as grants to Afghan 
     organizations, to the maximum extent practicable;
       (E) shall prioritize, unless the Secretary of State or the 
     Administrator of the United States Agency for International 
     Development, as appropriate, determines that security 
     conditions do not permit or risk deterioration, assistance to 
     support long-term development in areas previously under the 
     control of the Taliban or other violent extremist groups:  
     Provided, That such funds may be made available 
     notwithstanding any other provision of law and following 
     consultation with the Committees on Appropriation;
       (F) may not be made available for any program, project, or 
     activity pursuant to section 7044(a)(1)(C) of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2019 (division F of Public Law 116-6); 
     and
       (G) may be made available, notwithstanding any other 
     provision of law, for programs and activities to address the 
     needs of the people of Afghanistan in support of peace and 
     reconciliation, including reintegration of former Taliban and 
     other extremists.
       (2) Afghan women.--
       (A) In general.--The Secretary of State shall promote and 
     ensure the meaningful participation of Afghan women in any 
     discussions between the Government of Afghanistan and the 
     Taliban related to the future of Afghanistan in a manner 
     consistent with the Women, Peace, and Security Act of 2017 
     (Public Law 115-68) and the 2019 United States Strategy on 
     Women, Peace, and Security, including through--
       (i) advocacy by the United States Government for the 
     inclusion of Afghan women representatives, particularly from 
     civil society and rural provinces, in ongoing and future 
     discussion;
       (ii) the leveraging of assistance for the protection of 
     women and girls and their rights; and
       (iii) efforts to ensure that any agreement protects women's 
     and girl's rights and ensures their freedom of movement, 
     rights to education and work, and access to healthcare and 
     legal representation.
       (B) Assistance.--Funds appropriated by this Act and prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs under the heading 
     ``Economic Support Fund'' shall be made available for an 
     endowment pursuant to paragraph (3)(A)(iv) of this subsection 
     for a not-for-profit institution of higher education in 
     Kabul, Afghanistan that is accessible to both women and men 
     in a coeducational environment:  Provided, That such 
     endowment shall be established in partnership with a United 
     States-based American higher education institution that will 
     serve on its board of trustees:  Provided further, That prior 
     to the obligation of funds for such an endowment, the 
     Administrator of the United States Agency for International 
     Development shall submit a report to the Committees on 
     Appropriations describing the governance structure, including 
     a proposed board of trustees, and financial safeguards, 
     including regular audit and reporting requirements, in any 
     endowment agreement:  Provided further, That the USAID 
     Administrator shall provide a report on the expenditure of 
     funds generated from such an endowment to the Committees on 
     Appropriations on an annual basis.
       (3) Authorities.--
       (A) Funds appropriated by this Act under titles III through 
     VI that are made available for assistance for Afghanistan may 
     be made available--
       (i) notwithstanding section 7012 of this Act or any similar 
     provision of law and section 660 of the Foreign Assistance 
     Act of 1961;
       (ii) for reconciliation programs and disarmament, 
     demobilization, and reintegration activities for former 
     combatants who have renounced violence against the Government 
     of Afghanistan, including in accordance with section 
     7046(a)(2)(B)(ii) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2012 
     (division I of Public Law 112-74);
       (iii) for an endowment to empower women and girls; and
       (iv) for an endowment for higher education.
       (B) Section 7046(a)(2)(A) of the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2012 (division I of Public Law 112-74) shall apply to funds 
     appropriated by this Act for assistance for Afghanistan.
       (C) Of the funds appropriated by this Act under the heading 
     ``Diplomatic Programs'', up to $3,000,000 may be transferred 
     to any other appropriation of any department or agency of the 
     United States Government, upon the concurrence of the head of 
     such department or agency, to support operations in, and 
     assistance for, Afghanistan and to carry out the provisions 
     of the Foreign Assistance Act of 1961:  Provided, That any 
     such transfer shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (4) Agreement, report, and certification.--Funds 
     appropriated by this Act shall be made available for the 
     following purposes--
       (A) the submission to the appropriate congressional 
     committees by the President of a copy of any agreement or 
     arrangement between the Government of the United States and 
     the Taliban relating to the United States presence in 
     Afghanistan or Taliban commitments on the future of 
     Afghanistan, which shall be submitted not later than 30 days 
     after finalizing or amending such an agreement or 
     arrangement:  Provided, That not later than 30 days after 
     enactment of this Act and every 60 days thereafter until 
     September 30, 2021, the Secretary of State shall submit to 
     such committees a report detailing and assessing the 
     activities of the Taliban to abide by their commitments in 
     such agreement or arrangement; and
       (B) the submission to the appropriate congressional 
     committees of a joint certification by the Secretary of State 
     and Secretary of Defense that such agreement or arrangement, 
     or any amendment to such agreement or arrangement, will 
     further the objective of setting conditions for the long-term 
     defeat of al Qaeda and Islamic State and will not make the 
     United States more vulnerable to terrorist attacks 
     originating from Afghanistan or supported by terrorist 
     elements in Afghanistan:  Provided, That the initial joint 
     certification to such committees shall be submitted upon 
     enactment of this Act, and additional joint certifications, 
     as appropriate, shall be submitted to such committees not 
     later than 30 days after any amendment to such agreement or 
     arrangement.
       (5) Updated strategy.--Not less than 90 days after 
     enactment of this Act, the Secretary of State, in 
     consultation with the heads of other relevant Federal 
     agencies, shall submit to the appropriate congressional 
     committees a comprehensive, multi-year strategy for 
     diplomatic and development engagement with the Government of 
     Afghanistan that reflects the agreement between the United 
     States and the Taliban, as well as intra-Afghan negotiations: 
      Provided, That such strategy shall include a component to 
     protect and strengthen women and girl's welfare and rights, 
     including in any intra-Afghan negotiation and during the 
     implementation of any peace agreement:  Provided further, 
     That such strategy shall describe the anticipated United 
     States diplomatic and military presence in Afghanistan over a 
     multi-year period and related strategy for mitigating and 
     countering ongoing terrorist threats and violent extremism:  
     Provided further, That the Secretary of State shall consult 
     with such committees on the parameters of

[[Page H7484]]

     such strategy:  Provided further, That the strategy required 
     by this paragraph shall be submitted in unclassified form, 
     but may be accompanied by a classified annex.
       (6) Basing rights agreement.--None of the funds made 
     available by this Act may be used by the United States 
     Government to enter into a permanent basing rights agreement 
     between the United States and Afghanistan.
       (b) Bangladesh.--Of the funds appropriated under titles III 
     and IV of this Act, not less than $198,323,000 shall be made 
     available for assistance for Bangladesh, of which--
       (1) not less than $23,500,000 shall be made available to 
     address the needs of communities impacted by refugees from 
     Burma;
       (2) not less than $10,000,000 shall be made available for 
     programs to protect freedom of expression and due process of 
     law; and
       (3) not less than $23,300,000 shall be made available for 
     democracy programs, of which not less than $2,000,000 shall 
     be made available for such programs for the Rohingya 
     community in Bangladesh.
       (c) Nepal.--
       (1) Assistance.--Of the funds appropriated under titles III 
     and IV of this Act, not less than $130,265,000 shall be made 
     available for assistance for Nepal, including for development 
     and democracy programs.
       (2) Foreign military financing program.--Funds appropriated 
     by this Act under the heading ``Foreign Military Financing 
     Program'' shall only be made available for humanitarian and 
     disaster relief and reconstruction activities in Nepal, and 
     in support of international peacekeeping operations:  
     Provided, That such funds may only be made available for any 
     additional uses if the Secretary of State certifies and 
     reports to the Committees on Appropriations that the 
     Government of Nepal is investigating and prosecuting 
     violations of human rights and the laws of war, and the Nepal 
     Army is cooperating fully with civilian judicial authorities 
     in such cases.
       (d) Pakistan.--
       (1) Terms and conditions.--The terms and conditions of 
     section 7044(c) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2019 
     (division F of Public Law 116-6) shall continue in effect 
     during fiscal year 2021.
       (2) Assistance.--Of the funds appropriated under title III 
     of this Act that are made available for assistance for 
     Pakistan, not less than $15,000,000 shall be made available 
     for democracy programs and not less than $10,000,000 shall be 
     made available for gender programs.
       (3) Clarification.--Notwithstanding paragraph (1), section 
     7044(d)(4)(A) of the Department of State, Foreign Operations, 
     and Related Programs Appropriations Act, 2015 (division J of 
     Public Law 113-235) is amended by striking ``shall'' and 
     inserting in lieu thereof ``may''.
       (e) Sri Lanka.--
       (1) Assistance.--Funds appropriated under title III of this 
     Act shall be made available for assistance for Sri Lanka for 
     democracy and economic development programs, particularly in 
     areas recovering from ethnic and religious conflict:  
     Provided, That such funds shall be made available for 
     programs to assist in the identification and resolution of 
     cases of missing persons.
       (2) Certification.--Funds appropriated by this Act for 
     assistance for the central Government of Sri Lanka may be 
     made available only if the Secretary of State certifies and 
     reports to the Committees on Appropriations that such 
     Government is taking effective and consistent steps to--
       (A) respect and uphold the rights and freedoms of the 
     people of Sri Lanka regardless of ethnicity and religious 
     belief, including by investigating violations of human rights 
     and holding perpetrators of such violations accountable;
       (B) increase transparency and accountability in governance;
       (C) assert its sovereignty against influence by the 
     People's Republic of China; and
       (D) promote reconciliation between ethnic and religious 
     groups, particularly arising from past conflict in Sri Lanka, 
     including by--
       (i) addressing land confiscation and ownership issues;
       (ii) resolving cases of missing persons, including by 
     maintaining a functioning office of missing persons;
       (iii) reducing the presence of the armed forces in former 
     conflict zones and restructuring the armed forces for a 
     peacetime role that contributes to post-conflict 
     reconciliation and regional security;
       (iv) repealing or amending laws on arrest and detention by 
     security forces to comply with international standards; and
       (v) investigating allegations of arbitrary arrest and 
     torture, and supporting a credible justice mechanism:
       Provided, That the limitations of this paragraph shall not 
     apply to funds made available for humanitarian assistance and 
     disaster relief; to protect human rights, locate and identify 
     missing persons, and assist victims of torture and trauma; to 
     promote justice, accountability, and reconciliation; to 
     enhance maritime security and domain awareness; to promote 
     fiscal transparency and sovereignty; and for International 
     Military Education and Training.
       (3) International security assistance.--Of the funds 
     appropriated by this Act and prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs under the heading ``Foreign Military Financing 
     Program'', up to $15,000,000 may be made available for 
     assistance for Sri Lanka for the refurbishing of a high 
     endurance cutter:  Provided, That in addition to such funds, 
     up to $500,000 may be made available only for programs to 
     support humanitarian assistance, disaster relief, instruction 
     in human rights and related curricula development, and 
     maritime security and domain awareness, including 
     professionalization and training for the navy and coast 
     guard:  Provided further, That amounts repurposed pursuant to 
     this paragraph that were previously designated by the 
     Congress, respectively, as an emergency requirement or for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     such Act or for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of such Act.
       (f) Regional Programs.--Funds appropriated by this Act 
     shall be made available for assistance for Afghanistan, 
     Pakistan, and other countries in South and Central Asia to 
     significantly increase the recruitment, training, and 
     retention of women in the judiciary, police, and other 
     security forces, and to train judicial and security personnel 
     in such countries to prevent and address gender-based 
     violence, human trafficking, and other practices that 
     disproportionately harm women and girls.

                    latin america and the caribbean

       Sec. 7045. (a) Central America.--
       (1) Assistance.--Of the funds appropriated by this Act 
     under titles III and IV, $505,925,000 should be made 
     available for assistance for Belize, Costa Rica, El Salvador, 
     Guatemala, Honduras, Nicaragua, and Panama, including through 
     the Central America Regional Security Initiative:  Provided, 
     That such assistance shall be prioritized for programs and 
     activities that address the key factors that contribute to 
     the migration of unaccompanied, undocumented minors to the 
     United States and such funds shall be made available for 
     global health, humanitarian, development, democracy, border 
     security, and law enforcement programs for such countries, 
     including for programs to reduce violence against women and 
     girls and to combat corruption, and for support of 
     commissions against corruption and impunity, as appropriate:  
     Provided further, That not less than $45,000,000 shall be 
     made available for support of offices of Attorneys General 
     and of other entities and activities to combat corruption and 
     impunity in such countries.
       (2) Northern triangle.--
       (A) Limitation on assistance to certain central 
     governments.--Of the funds made available pursuant to 
     paragraph (1) under the heading ``Economic Support Fund'' and 
     under title IV of this Act that are made available for 
     assistance for each of the central governments of El 
     Salvador, Guatemala, and Honduras, 50 percent may only be 
     obligated after the Secretary of State certifies and reports 
     to the Committees on Appropriations that such government is--
       (i) combating corruption and impunity, including 
     prosecuting corrupt government officials;
       (ii) implementing reforms, policies, and programs to 
     increase transparency and strengthen public institutions;
       (iii) protecting the rights of civil society, opposition 
     political parties, and the independence of the media;
       (iv) providing effective and accountable law enforcement 
     and security for its citizens, and upholding due process of 
     law;
       (v) implementing policies to reduce poverty and promote 
     equitable economic growth and opportunity;
       (vi) upholding the independence of the judiciary and of 
     electoral institutions;
       (vii) improving border security;
       (viii) combating human smuggling and trafficking and 
     countering the activities of criminal gangs, drug 
     traffickers, and transnational criminal organizations;
       (ix) informing its citizens of the dangers of the journey 
     to the southwest border of the United States; and
       (x) resolving disputes involving the confiscation of real 
     property of United States entities.
       (B) Reprogramming.--If the Secretary is unable to make the 
     certification required by subparagraph (A) for one or more of 
     the governments, such assistance for such central government 
     shall be reprogrammed for assistance for other countries in 
     Latin America and the Caribbean, notwithstanding the minimum 
     funding requirements of this subsection and of section 7019 
     of this Act:  Provided, That any such reprogramming shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (C) Exceptions.--The limitation of subparagraph (A) shall 
     not apply to funds appropriated by this Act that are made 
     available for--
       (i) offices of Attorneys General and other judicial 
     entities and activities related to combating corruption and 
     impunity;
       (ii) programs to combat gender-based violence;
       (iii) humanitarian assistance; and
       (iv) food security programs.
       (D) Foreign military financing program.--None of the funds 
     appropriated by this Act under the heading ``Foreign Military 
     Financing Program'' may be made available for assistance for 
     El Salvador, Guatemala, or Honduras.
       (b) Colombia.--
       (1) Assistance.--Of the funds appropriated by this Act 
     under titles III and IV, not less than $461,375,000 shall be 
     made available for assistance for Colombia:  Provided, That 
     such funds shall be made available for the programs and 
     activities described under this section in House Report 116-
     444.
       (2) Withholding of funds.--
       (A) Counternarcotics.--Of the funds appropriated by this 
     Act under the heading ``International Narcotics Control and 
     Law Enforcement'' and made available for assistance for 
     Colombia, 20 percent may be obligated only after the 
     Secretary of State certifies and reports to the Committees on 
     Appropriations that the Government of Colombia is continuing 
     to implement a national whole-of-government counternarcotics 
     strategy designed to reduce by 50 percent cocaine production 
     and coca cultivation levels in

[[Page H7485]]

     Colombia by 2023 and such strategy is not in violation of the 
     2016 peace accord between the Government of Colombia and the 
     Revolutionary Armed Forces of Colombia.
       (B) Human rights.--Of the funds appropriated by this Act 
     under the heading ``Foreign Military Financing Program'' and 
     made available for assistance for Colombia, 20 percent may be 
     obligated only after the Secretary of State certifies and 
     reports to the Committees on Appropriations that--
       (i) the Special Jurisdiction for Peace and other judicial 
     authorities are taking effective steps to hold accountable 
     perpetrators of gross violations of human rights in a manner 
     consistent with international law, including for command 
     responsibility, and sentence them to deprivation of liberty;
       (ii) the Government of Colombia is taking effective steps 
     to prevent attacks against human rights defenders and other 
     civil society activists, trade unionists, and journalists, 
     and judicial authorities are prosecuting those responsible 
     for such attacks;
       (iii) the Government of Colombia is taking effective steps 
     to protect Afro-Colombian and indigenous communities and is 
     respecting their rights and territory;
       (iv) senior military officers responsible for ordering, 
     committing, and covering up cases of false positives are 
     being held accountable, including removal from active duty if 
     found guilty through criminal or disciplinary proceedings; 
     and
       (v) the Government of Colombia has investigated and is 
     taking steps to hold accountable Government officials 
     credibly alleged to have directed, authorized, or conducted 
     illegal surveillance of political opponents, government 
     officials, journalists, and human rights defenders, including 
     through the use of assets provided by the United States for 
     combating counterterrorism and counternarcotics for such 
     purposes.
       (3) Exceptions.--The limitations of paragraph (2) shall not 
     apply to funds made available for aviation instruction and 
     maintenance, and maritime and riverine security programs.
       (4) Authority.--Aircraft supported by funds appropriated by 
     this Act and prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     and made available for assistance for Colombia may be used to 
     transport personnel and supplies involved in drug eradication 
     and interdiction, including security for such activities, and 
     to provide transport in support of alternative development 
     programs and investigations by civilian judicial authorities.
       (5) Limitation.--None of the funds appropriated by this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs that are made 
     available for assistance for Colombia may be made available 
     for payment of reparations to conflict victims or 
     compensation to demobilized combatants associated with a 
     peace agreement between the Government of Colombia and 
     illegal armed groups.
       (c) Haiti.--
       (1) Certification.--The certification requirement contained 
     in section 7045(c)(1) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2020 
     (division G of Public Law 116-94) shall continue in effect 
     during fiscal year 2021 and shall also apply to funds 
     appropriated by this Act under the heading ``Development 
     Assistance'' that are made available for assistance for 
     Haiti.
       (2) Haitian coast guard.--The Government of Haiti shall be 
     eligible to purchase defense articles and services under the 
     Arms Export Control Act (22 U.S.C. 2751 et seq.) for the 
     Coast Guard.
       (3) Limitation.--None of the funds made available by this 
     Act may be used to provide assistance to the armed forces of 
     Haiti.
       (d) The Caribbean.--Of the funds appropriated by this Act 
     under titles III and IV, not less than $74,800,000 shall be 
     made available for the Caribbean Basin Security Initiative.
       (e) Venezuela.--
       (1) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $33,000,000 shall be 
     made available for democracy programs for Venezuela.
       (2) Funds appropriated under title III of this Act and 
     prior Acts making appropriations for the Department of State, 
     foreign operations, and related programs shall be made 
     available for assistance for communities in countries 
     supporting or otherwise impacted by refugees from Venezuela, 
     including Colombia, Peru, Ecuador, Curacao, and Trinidad and 
     Tobago:  Provided, That such amounts are in addition to funds 
     otherwise made available for assistance for such countries, 
     subject to prior consultation with, and the regular 
     notification procedures of, the Committees on Appropriations.

                           europe and eurasia

       Sec. 7046. (a) Assistance.--
       (1) Georgia.--Of the funds appropriated by this Act under 
     titles III and IV, not less than $132,025,000 shall be made 
     available for assistance for Georgia:  Provided, That not 
     later than 90 days after enactment of this Act, the Secretary 
     of State shall submit to the Committees on Appropriations a 
     report on the rule of law and accountable institutions in 
     Georgia as described under this heading in the explanatory 
     statement described in section 4 (in the matter preceding 
     division A of this consolidated Act).
       (2) Ukraine.--Of the funds appropriated by this Act under 
     titles III and IV, not less than $453,000,000 shall be made 
     available for assistance for Ukraine.
       (b) Territorial Integrity.--None of the funds appropriated 
     by this Act may be made available for assistance for a 
     government of an Independent State of the former Soviet Union 
     if such government directs any action in violation of the 
     territorial integrity or national sovereignty of any other 
     Independent State of the former Soviet Union, such as those 
     violations included in the Helsinki Final Act:  Provided, 
     That except as otherwise provided in section 7047(a) of this 
     Act, funds may be made available without regard to the 
     restriction in this subsection if the President determines 
     that to do so is in the national security interest of the 
     United States:  Provided further, That prior to executing the 
     authority contained in the previous proviso, the Secretary of 
     State shall consult with the Committees on Appropriations on 
     how such assistance supports the national security interest 
     of the United States.
       (c) Section 907 of the Freedom Support Act.--Section 907 of 
     the FREEDOM Support Act (22 U.S.C. 5812 note) shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act (22 U.S.C. 5851 et seq.) 
     and section 1424 of the Defense Against Weapons of Mass 
     Destruction Act of 1996 (50 U.S.C. 2333) or non-proliferation 
     assistance;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961;
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee, or other 
     assistance provided by the United States International 
     Development Finance Corporation as authorized by the BUILD 
     Act of 2018 (division F of Public Law 115-254);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945 (Public Law 79-173); or
       (6) humanitarian assistance.
       (d) Turkey.--None of the funds made available by this Act 
     may be used to facilitate or support the sale of defense 
     articles or defense services to the Turkish Presidential 
     Protection Directorate (TPPD) under Chapter 2 of the Arms 
     Export Control Act (22 U.S.C. 2761 et seq.) unless the 
     Secretary of State determines and reports to the appropriate 
     congressional committees that members of the TPPD who are 
     named in the July 17, 2017, indictment by the Superior Court 
     of the District of Columbia, and against whom there are 
     pending charges, have returned to the United States to stand 
     trial in connection with the offenses contained in such 
     indictment or have otherwise been brought to justice:  
     Provided, That the limitation in this paragraph shall not 
     apply to the use of funds made available by this Act for 
     border security purposes, for North Atlantic Treaty 
     Organization or coalition operations, or to enhance the 
     protection of United States officials and facilities in 
     Turkey.

              countering russian influence and aggression

       Sec. 7047. (a) Limitation.--None of the funds appropriated 
     by this Act may be made available for assistance for the 
     central Government of the Russian Federation.
       (b) Annexation of Crimea.--
       (1) Prohibition.--None of the funds appropriated by this 
     Act may be made available for assistance for the central 
     government of a country that the Secretary of State 
     determines and reports to the Committees on Appropriations 
     has taken affirmative steps intended to support or be 
     supportive of the Russian Federation annexation of Crimea or 
     other territory in Ukraine:  Provided, That except as 
     otherwise provided in subsection (a), the Secretary may waive 
     the restriction on assistance required by this paragraph if 
     the Secretary determines and reports to such Committees that 
     to do so is in the national interest of the United States, 
     and includes a justification for such interest.
       (2) Limitation.--None of the funds appropriated by this Act 
     may be made available for--
       (A) the implementation of any action or policy that 
     recognizes the sovereignty of the Russian Federation over 
     Crimea or other territory in Ukraine;
       (B) the facilitation, financing, or guarantee of United 
     States Government investments in Crimea or other territory in 
     Ukraine under the control of Russian-backed separatists, if 
     such activity includes the participation of Russian 
     Government officials, or other Russian owned or controlled 
     financial entities; or
       (C) assistance for Crimea or other territory in Ukraine 
     under the control of Russian-backed separatists, if such 
     assistance includes the participation of Russian Government 
     officials, or other Russian owned or controlled financial 
     entities.
       (3) International financial institutions.--The Secretary of 
     the Treasury shall instruct the United States executive 
     directors of each international financial institution to use 
     the voice and vote of the United States to oppose any 
     assistance by such institution (including any loan, credit, 
     or guarantee) for any program that violates the sovereignty 
     or territorial integrity of Ukraine.
       (4) Duration.--The requirements and limitations of this 
     subsection shall cease to be in effect if the Secretary of 
     State determines and reports to the Committees on 
     Appropriations that the Government of Ukraine has 
     reestablished sovereignty over Crimea and other territory in 
     Ukraine under the control of Russian-backed separatists.
       (c) Occupation of the Georgian Territories of Abkhazia and 
     Tskhinvali Region/South Ossetia.--
       (1) Prohibition.--None of the funds appropriated by this 
     Act may be made available for assistance for the central 
     government of a country that the Secretary of State 
     determines and reports to the Committees on Appropriations 
     has recognized the independence of, or has established 
     diplomatic relations with, the Russian Federation occupied 
     Georgian territories of Abkhazia and Tskhinvali Region/South 
     Ossetia:  Provided, That the Secretary shall publish on the 
     Department of State website a list of any such central 
     governments in a timely manner:  Provided further, That the 
     Secretary may waive

[[Page H7486]]

     the restriction on assistance required by this paragraph if 
     the Secretary determines and reports to the Committees on 
     Appropriations that to do so is in the national interest of 
     the United States, and includes a justification for such 
     interest.
       (2) Limitation.--None of the funds appropriated by this Act 
     may be made available to support the Russian Federation 
     occupation of the Georgian territories of Abkhazia and 
     Tskhinvali Region/South Ossetia.
       (3) International financial institutions.--The Secretary of 
     the Treasury shall instruct the United States executive 
     directors of each international financial institution to use 
     the voice and vote of the United States to oppose any 
     assistance by such institution (including any loan, credit, 
     or guarantee) for any program that violates the sovereignty 
     and territorial integrity of Georgia.
       (d) Countering Russian Influence Fund.--
       (1) Assistance.--Of the funds appropriated by this Act 
     under the headings ``Assistance for Europe, Eurasia and 
     Central Asia'', ``International Narcotics Control and Law 
     Enforcement'', ``International Military Education and 
     Training'', and ``Foreign Military Financing Program'', not 
     less than $290,000,000 shall be made available to carry out 
     the purposes of the Countering Russian Influence Fund, as 
     authorized by section 254 of the Countering Russian Influence 
     in Europe and Eurasia Act of 2017 (Public Law 115-44; 22 
     U.S.C. 9543) and notwithstanding the country limitation in 
     subsection (b) of such section, and programs to enhance the 
     capacity of law enforcement and security forces in countries 
     in Europe, Eurasia, and Central Asia and strengthen security 
     cooperation between such countries and the United States and 
     the North Atlantic Treaty Organization, as appropriate.
       (2) Economics and trade.--Funds appropriated by this Act 
     and made available for assistance for the Eastern Partnership 
     countries shall be made available to advance the 
     implementation of Association Agreements and trade agreements 
     with the European Union, and to reduce their vulnerability to 
     external economic and political pressure from the Russian 
     Federation.
       (e) Democracy Programs.--Funds appropriated by this Act 
     shall be made available to support democracy programs in the 
     Russian Federation and other countries in Europe, Eurasia, 
     and Central Asia, including to promote Internet freedom:  
     Provided, That of the funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'', not less 
     than $20,000,000 shall be made available to strengthen 
     democracy and civil society in Central Europe, including for 
     transparency, independent media, rule of law, minority 
     rights, and programs to combat anti-Semitism.

                             united nations

       Sec. 7048. (a) Transparency and Accountability.--Not later 
     than 180 days after enactment of this Act, the Secretary of 
     State shall report to the Committees on Appropriations 
     whether each organization, department, or agency receiving a 
     contribution from funds appropriated by this Act under the 
     headings ``Contributions to International Organizations'' and 
     ``International Organizations and Programs'' is--
       (1) posting on a publicly available website, consistent 
     with privacy regulations and due process, regular financial 
     and programmatic audits of such organization, department, or 
     agency, and providing the United States Government with 
     necessary access to such financial and performance audits;
       (2) effectively implementing and enforcing policies and 
     procedures which meet or exceed best practices in the United 
     States for the protection of whistleblowers from retaliation, 
     including--
       (A) protection against retaliation for internal and lawful 
     public disclosures;
       (B) legal burdens of proof;
       (C) statutes of limitation for reporting retaliation;
       (D) access to binding independent adjudicative bodies, 
     including shared cost and selection of external arbitration; 
     and
       (E) results that eliminate the effects of proven 
     retaliation, including provision for the restoration of prior 
     employment; and
       (3) effectively implementing and enforcing policies and 
     procedures on the appropriate use of travel funds, including 
     restrictions on first-class and business-class travel.
       (b) Restrictions on United Nations Delegations and 
     Organizations.--
       (1) Restrictions on united states delegations.--None of the 
     funds made available by this Act may be used to pay expenses 
     for any United States delegation to any specialized agency, 
     body, or commission of the United Nations if such agency, 
     body, or commission is chaired or presided over by a country, 
     the government of which the Secretary of State has 
     determined, for purposes of section 1754(c) of the Export 
     Reform Control Act of 2018 (50 U.S.C. 4813(c)), supports 
     international terrorism.
       (2) Restrictions on contributions.--None of the funds made 
     available by this Act may be used by the Secretary of State 
     as a contribution to any organization, agency, commission, or 
     program within the United Nations system if such 
     organization, agency, commission, or program is chaired or 
     presided over by a country the government of which the 
     Secretary of State has determined, for purposes of section 
     620A of the Foreign Assistance Act of 1961, section 40 of the 
     Arms Export Control Act, section 1754(c) of the Export Reform 
     Control Act of 2018 (50 U.S.C. 4813(c)), or any other 
     provision of law, is a government that has repeatedly 
     provided support for acts of international terrorism.
       (3) Waiver.--The Secretary of State may waive the 
     restriction in this subsection if the Secretary determines 
     and reports to the Committees on Appropriations that to do so 
     is important to the national interest of the United States, 
     including a description of the national interest served.
       (c) United Nations Human Rights Council.--None of the funds 
     appropriated by this Act may be made available in support of 
     the United Nations Human Rights Council unless the Secretary 
     of State determines and reports to the Committees on 
     Appropriations that participation in the Council is important 
     to the national interest of the United States and that such 
     Council is taking significant steps to remove Israel as a 
     permanent agenda item and ensure integrity in the election of 
     members to such Council:  Provided, That such report shall 
     include a description of the national interest served and the 
     steps taken to remove Israel as a permanent agenda item and 
     ensure integrity in the election of members to such Council:  
     Provided further, That the Secretary of State shall report to 
     the Committees on Appropriations not later than September 30, 
     2021, on the resolutions considered in the United Nations 
     Human Rights Council during the previous 12 months, and on 
     steps taken to remove Israel as a permanent agenda item and 
     ensure integrity in the election of members to such Council.
       (d) United Nations Relief and Works Agency.--Prior to the 
     initial obligation of funds for the United Nations Relief and 
     Works Agency (UNRWA), the Secretary of State shall report to 
     the Committees on Appropriations, in writing, on whether 
     UNRWA is--
       (1) utilizing Operations Support Officers in the West Bank, 
     Gaza, and other fields of operation to inspect UNRWA 
     installations and reporting any inappropriate use;
       (2) acting promptly to address any staff or beneficiary 
     violation of its own policies (including the policies on 
     neutrality and impartiality of employees) and the legal 
     requirements under section 301(c) of the Foreign Assistance 
     Act of 1961;
       (3) implementing procedures to maintain the neutrality of 
     its facilities, including implementing a no-weapons policy, 
     and conducting regular inspections of its installations, to 
     ensure they are only used for humanitarian or other 
     appropriate purposes;
       (4) taking necessary and appropriate measures to ensure it 
     is operating in compliance with the conditions of section 
     301(c) of the Foreign Assistance Act of 1961 and continuing 
     regular reporting to the Department of State on actions it 
     has taken to ensure conformance with such conditions;
       (5) taking steps to ensure the content of all educational 
     materials currently taught in UNRWA-administered schools and 
     summer camps is consistent with the values of human rights, 
     dignity, and tolerance and does not induce incitement;
       (6) not engaging in operations with financial institutions 
     or related entities in violation of relevant United States 
     law, and is taking steps to improve the financial 
     transparency of the organization; and
       (7) in compliance with the United Nations Board of 
     Auditors' biennial audit requirements and is implementing in 
     a timely fashion the Board's recommendations.
       (e) Prohibition of Payments to United Nations Members.--
     None of the funds appropriated or made available pursuant to 
     titles III through VI of this Act for carrying out the 
     Foreign Assistance Act of 1961, may be used to pay in whole 
     or in part any assessments, arrearages, or dues of any member 
     of the United Nations or, from funds appropriated by this Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961, the costs for participation of another country's 
     delegation at international conferences held under the 
     auspices of multilateral or international organizations.
       (f) Report.--Not later than 45 days after enactment of this 
     Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations detailing the amount of funds 
     available for obligation or expenditure in fiscal year 2021 
     for contributions to any organization, department, agency, or 
     program within the United Nations system or any international 
     program that are withheld from obligation or expenditure due 
     to any provision of law:  Provided, That the Secretary shall 
     update such report each time additional funds are withheld by 
     operation of any provision of law:  Provided further, That 
     the reprogramming of any withheld funds identified in such 
     report, including updates thereof, shall be subject to prior 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.
       (g) Sexual Exploitation and Abuse in Peacekeeping 
     Operations.--The Secretary of State should withhold 
     assistance to any unit of the security forces of a foreign 
     country if the Secretary has credible information that such 
     unit has engaged in sexual exploitation or abuse, including 
     while serving in a United Nations peacekeeping operation, 
     until the Secretary determines that the government of such 
     country is taking effective steps to hold the responsible 
     members of such unit accountable and to prevent future 
     incidents:  Provided, That the Secretary shall promptly 
     notify the government of each country subject to any 
     withholding of assistance pursuant to this paragraph, and 
     shall notify the appropriate congressional committees of such 
     withholding not later than 10 days after a determination to 
     withhold such assistance is made:  Provided further, That the 
     Secretary shall, to the maximum extent practicable, assist 
     such government in bringing the responsible members of such 
     unit to justice.
       (h) Additional Availability.--Subject to the regular 
     notification procedures of the Committees on Appropriations, 
     funds appropriated by this Act which are returned or not made 
     available due to the third proviso under the heading 
     ``Contributions for International Peacekeeping Activities'' 
     in title I of this Act or section 307(a)

[[Page H7487]]

     of the Foreign Assistance Act of 1961 (22 U.S.C. 2227(a)), 
     shall remain available for obligation until September 30, 
     2022:  Provided, That the requirement to withhold funds for 
     programs in Burma under section 307(a) of the Foreign 
     Assistance Act of 1961 shall not apply to funds appropriated 
     by this Act.

                          war crimes tribunals

       Sec. 7049. (a) If the President determines that doing so 
     will contribute to a just resolution of charges regarding 
     genocide or other violations of international humanitarian 
     law, the President may direct a drawdown pursuant to section 
     552(c) of the Foreign Assistance Act of 1961 of up to 
     $30,000,000 of commodities and services for the United 
     Nations War Crimes Tribunal established with regard to the 
     former Yugoslavia by the United Nations Security Council or 
     such other tribunals or commissions as the Council may 
     establish or authorize to deal with such violations, without 
     regard to the ceiling limitation contained in paragraph (2) 
     thereof:  Provided, That the determination required under 
     this section shall be in lieu of any determinations otherwise 
     required under section 552(c):  Provided further, That funds 
     made available pursuant to this section shall be made 
     available subject to the regular notification procedures of 
     the Committees on Appropriations.
       (b) None of the funds appropriated by this Act may be made 
     available for a United States contribution to the 
     International Criminal Court:  Provided, That funds may be 
     made available for technical assistance, training, assistance 
     for victims, protection of witnesses, and law enforcement 
     support related to international investigations, 
     apprehensions, prosecutions, and adjudications of genocide, 
     crimes against humanity, and war crimes:  Provided further, 
     That the previous proviso shall not apply to investigations, 
     apprehensions, or prosecutions of American service members 
     and other United States citizens or nationals, or nationals 
     of the North Atlantic Treaty Organization (NATO) or major 
     non-NATO allies initially designated pursuant to section 
     517(b) of the Foreign Assistance Act of 1961.

                        global internet freedom

       Sec. 7050. (a) Funding.--Of the funds available for 
     obligation during fiscal year 2021 under the headings 
     ``International Broadcasting Operations'', ``Economic Support 
     Fund'', ``Democracy Fund'', and ``Assistance for Europe, 
     Eurasia and Central Asia'', not less than $70,000,000 shall 
     be made available for programs to promote Internet freedom 
     globally:  Provided, That such programs shall be prioritized 
     for countries whose governments restrict freedom of 
     expression on the Internet, and that are important to the 
     national interest of the United States:  Provided further, 
     That funds made available pursuant to this section shall be 
     matched, to the maximum extent practicable, by sources other 
     than the United States Government, including from the private 
     sector.
       (b) Requirements.--
       (1) Department of state and united states agency for 
     international development.--Funds appropriated by this Act 
     under the headings ``Economic Support Fund'', ``Democracy 
     Fund'', and ``Assistance for Europe, Eurasia and Central 
     Asia'' that are made available pursuant to subsection (a) 
     shall be--
       (A) coordinated with other democracy programs funded by 
     this Act under such headings, and shall be incorporated into 
     country assistance and democracy promotion strategies, as 
     appropriate;
       (B) for programs to implement the May 2011, International 
     Strategy for Cyberspace, the Department of State 
     International Cyberspace Policy Strategy required by section 
     402 of the Cybersecurity Act of 2015 (division N of Public 
     Law 114-113), and the comprehensive strategy to promote 
     Internet freedom and access to information in Iran, as 
     required by section 414 of the Iran Threat Reduction and 
     Syria Human Rights Act of 2012 (22 U.S.C. 8754);
       (C) made available for programs that support the efforts of 
     civil society to counter the development of repressive 
     Internet-related laws and regulations, including countering 
     threats to Internet freedom at international organizations; 
     to combat violence against bloggers and other users; and to 
     enhance digital security training and capacity building for 
     democracy activists;
       (D) made available for research of key threats to Internet 
     freedom; the continued development of technologies that 
     provide or enhance access to the Internet, including 
     circumvention tools that bypass Internet blocking, filtering, 
     and other censorship techniques used by authoritarian 
     governments; and maintenance of the technological advantage 
     of the United States Government over such censorship 
     techniques:  Provided, That the Secretary of State, in 
     consultation with the United States Agency for Global Media 
     Chief Executive Officer (USAGM CEO) and the President of the 
     Open Technology Fund (OTF), shall coordinate any such 
     research and development programs with other relevant United 
     States Government departments and agencies in order to share 
     information, technologies, and best practices, and to assess 
     the effectiveness of such technologies; and
       (E) made available only after the Assistant Secretary for 
     Democracy, Human Rights, and Labor, Department of State, 
     concurs that such funds are allocated consistent with--
       (i) the strategies referenced in subparagraph (B) of this 
     paragraph;
       (ii) best practices regarding security for, and oversight 
     of, Internet freedom programs; and
       (iii) sufficient resources and support for the development 
     and maintenance of anti-censorship technology and tools.
       (2) United states agency for global media.--Funds 
     appropriated by this Act under the heading ``International 
     Broadcasting Operations'' that are made available pursuant to 
     subsection (a) shall be--
       (A) made available only for open-source tools and 
     techniques to securely develop and distribute USAGM digital 
     content, facilitate audience access to such content on 
     websites that are censored, coordinate the distribution of 
     USAGM digital content to targeted regional audiences, and to 
     promote and distribute such tools and techniques, including 
     digital security techniques;
       (B) coordinated by the USAGM CEO, in consultation with the 
     OTF President, with programs funded by this Act under the 
     heading ``International Broadcasting Operations'', and shall 
     be incorporated into country broadcasting strategies, as 
     appropriate;
       (C) coordinated by the USAGM CEO, in consultation with the 
     OTF President, to solicit project proposals through an open, 
     transparent, and competitive application process, seek input 
     from technical and subject matter experts to select 
     proposals, and support Internet circumvention tools and 
     techniques for audiences in countries that are strategic 
     priorities for the OTF and in a manner consistent with the 
     United States Government Internet freedom strategy; and
       (D) made available for the research and development of new 
     tools or techniques authorized in subparagraph (A) only after 
     the USAGM CEO, in consultation with the Secretary of State, 
     the OTF President, and other relevant United States 
     Government departments and agencies, evaluates the risks and 
     benefits of such new tools or techniques, and establishes 
     safeguards to minimize the use of such new tools or 
     techniques for illicit purposes.
       (c) Coordination and Spend Plans.--After consultation among 
     the relevant agency heads to coordinate and de-conflict 
     planned activities, but not later than 90 days after 
     enactment of this Act, the Secretary of State and the USAGM 
     CEO, in consultation with the OTF President, shall submit to 
     the Committees on Appropriations spend plans for funds made 
     available by this Act for programs to promote Internet 
     freedom globally, which shall include a description of 
     safeguards established by relevant agencies to ensure that 
     such programs are not used for illicit purposes:  Provided, 
     That the Department of State spend plan shall include funding 
     for all such programs for all relevant Department of State 
     and the United States Agency for International Development 
     offices and bureaus.
       (d) Security Audits.--Funds made available pursuant to this 
     section to promote Internet freedom globally may only be made 
     available to support open-source technologies that undergo 
     comprehensive security audits consistent with the 
     requirements of the Bureau of Democracy, Human Rights, and 
     Labor, Department of State to ensure that such technology is 
     secure and has not been compromised in a manner detrimental 
     to the interest of the United States or to individuals and 
     organizations benefiting from programs supported by such 
     funds:  Provided, That the security auditing procedures used 
     by such Bureau shall be reviewed and updated periodically to 
     reflect current industry security standards.
       (e) Surge.--Of the funds appropriated by this Act under the 
     heading ``Economic Support Fund'', up to $2,500,000 may be 
     made available to surge Internet freedom programs in closed 
     societies if the Secretary of State determines and reports to 
     the appropriate congressional committees that such use of 
     funds is in the national interest:  Provided, That such funds 
     are in addition to amounts made available for such purposes:  
     Provided further, That such funds may be transferred to, and 
     merged with, funds appropriated by this Act under the heading 
     ``International Broadcasting Operations'' following 
     consultation with, and the regular notification procedures 
     of, the Committees on Appropriations.

 torture and other cruel, inhuman, or degrading treatment or punishment

       Sec. 7051. (a) Limitation.--None of the funds made 
     available by this Act may be used to support or justify the 
     use of torture and other cruel, inhuman, or degrading 
     treatment or punishment by any official or contract employee 
     of the United States Government.
       (b) Assistance.--Funds appropriated under titles III and IV 
     of this Act shall be made available, notwithstanding section 
     660 of the Foreign Assistance Act of 1961 and following 
     consultation with the Committees on Appropriations, for 
     assistance to eliminate torture and other cruel, inhuman, or 
     degrading treatment or punishment by foreign police, military 
     or other security forces in countries receiving assistance 
     from funds appropriated by this Act.

                aircraft transfer, coordination, and use

       Sec. 7052. (a) Transfer Authority.--Notwithstanding any 
     other provision of law or regulation, aircraft procured with 
     funds appropriated by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs under the headings 
     ``Diplomatic Programs'', ``International Narcotics Control 
     and Law Enforcement'', ``Andean Counterdrug Initiative'', and 
     ``Andean Counterdrug Programs'' may be used for any other 
     program and in any region.
       (b) Property Disposal.--The authority provided in 
     subsection (a) shall apply only after the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that the equipment is no longer required to meet programmatic 
     purposes in the designated country or region:  Provided, That 
     any such transfer shall be subject to prior consultation 
     with, and the regular notification procedures of, the 
     Committees on Appropriations.
       (c) Aircraft Coordination.--
       (1) Authority.--The uses of aircraft purchased or leased by 
     the Department of State and the United States Agency for 
     International Development with funds made available in this 
     Act or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs shall be 
     coordinated under the

[[Page H7488]]

     authority of the appropriate Chief of Mission:  Provided, 
     That notwithstanding section 7063(b) of this Act, such 
     aircraft may be used to transport, on a reimbursable or non-
     reimbursable basis, Federal and non-Federal personnel 
     supporting Department of State and USAID programs and 
     activities:  Provided further, That official travel for other 
     agencies for other purposes may be supported on a 
     reimbursable basis, or without reimbursement when traveling 
     on a space available basis:  Provided further, That funds 
     received by the Department of State in connection with the 
     use of aircraft owned, leased, or chartered by the Department 
     of State may be credited to the Working Capital Fund of the 
     Department and shall be available for expenses related to the 
     purchase, lease, maintenance, chartering, or operation of 
     such aircraft.
       (2) Scope.--The requirement and authorities of this 
     subsection shall only apply to aircraft, the primary purpose 
     of which is the transportation of personnel.
       (d) Aircraft Operations and Maintenance.--To the maximum 
     extent practicable, the costs of operations and maintenance, 
     including fuel, of aircraft funded by this Act shall be borne 
     by the recipient country.

   parking fines and real property taxes owed by foreign governments

       Sec. 7053.  The terms and conditions of section 7055 of the 
     Department of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2010 (division F of Public Law 111-117) 
     shall apply to this Act:  Provided, That the date ``September 
     30, 2009'' in subsection (f)(2)(B) of such section shall be 
     deemed to be ``September 30, 2020''.

                      international monetary fund

       Sec. 7054. (a) Extensions.--The terms and conditions of 
     sections 7086(b) (1) and (2) and 7090(a) of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2010 (division F of Public Law 111-117) 
     shall apply to this Act.
       (b) Repayment.--The Secretary of the Treasury shall 
     instruct the United States Executive Director of the 
     International Monetary Fund (IMF) to seek to ensure that any 
     loan will be repaid to the IMF before other private or 
     multilateral creditors.

                              extradition

       Sec. 7055. (a) Limitation.--None of the funds appropriated 
     in this Act may be used to provide assistance (other than 
     funds provided under the headings ``Development Assistance'', 
     ``International Disaster Assistance'', ``Complex Crises 
     Fund'', ``International Narcotics Control and Law 
     Enforcement'', ``Migration and Refugee Assistance'', ``United 
     States Emergency Refugee and Migration Assistance Fund'', and 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Assistance'') for the central government of a country which 
     has notified the Department of State of its refusal to 
     extradite to the United States any individual indicted for a 
     criminal offense for which the maximum penalty is life 
     imprisonment without the possibility of parole or for killing 
     a law enforcement officer, as specified in a United States 
     extradition request.
       (b) Clarification.--Subsection (a) shall only apply to the 
     central government of a country with which the United States 
     maintains diplomatic relations and with which the United 
     States has an extradition treaty and the government of that 
     country is in violation of the terms and conditions of the 
     treaty.
       (c) Waiver.--The Secretary of State may waive the 
     restriction in subsection (a) on a case-by-case basis if the 
     Secretary certifies to the Committees on Appropriations that 
     such waiver is important to the national interest of the 
     United States.

                  impact on jobs in the united states

       Sec. 7056.  None of the funds appropriated or otherwise 
     made available under titles III through VI of this Act may be 
     obligated or expended to provide--
       (1) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States;
       (2) assistance for any program, project, or activity that 
     contributes to the violation of internationally recognized 
     workers' rights, as defined in section 507(4) of the Trade 
     Act of 1974, of workers in the recipient country, including 
     any designated zone or area in that country:  Provided, That 
     the application of section 507(4)(D) and (E) of such Act (19 
     U.S.C. 2467(4)(D) and (E)) should be commensurate with the 
     level of development of the recipient country and sector, and 
     shall not preclude assistance for the informal sector in such 
     country, micro and small-scale enterprise, and smallholder 
     agriculture;
       (3) any assistance to an entity outside the United States 
     if such assistance is for the purpose of directly relocating 
     or transferring jobs from the United States to other 
     countries and adversely impacts the labor force in the United 
     States; or
       (4) for the enforcement of any rule, regulation, policy, or 
     guidelines implemented pursuant to the Supplemental 
     Guidelines for High Carbon Intensity Projects approved by the 
     Export-Import Bank of the United States on December 12, 2013, 
     when enforcement of such rule, regulation, policy, or 
     guidelines would prohibit, or have the effect of prohibiting, 
     any coal-fired or other power-generation project the purpose 
     of which is to--
       (A) provide affordable electricity in International 
     Development Association (IDA)-eligible countries and IDA-
     blend countries; and
       (B) increase exports of goods and services from the United 
     States or prevent the loss of jobs from the United States.

                     united nations population fund

       Sec. 7057. (a) Contribution.--Of the funds made available 
     under the heading ``International Organizations and 
     Programs'' in this Act for fiscal year 2021, $32,500,000 
     shall be made available for the United Nations Population 
     Fund (UNFPA).
       (b) Availability of Funds.--Funds appropriated by this Act 
     for UNFPA, that are not made available for UNFPA because of 
     the operation of any provision of law, shall be transferred 
     to the ``Global Health Programs'' account and shall be made 
     available for family planning, maternal, and reproductive 
     health activities, subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) Prohibition on Use of Funds in China.--None of the 
     funds made available by this Act may be used by UNFPA for a 
     country program in the People's Republic of China.
       (d) Conditions on Availability of Funds.--Funds made 
     available by this Act for UNFPA may not be made available 
     unless--
       (1) UNFPA maintains funds made available by this Act in an 
     account separate from other accounts of UNFPA and does not 
     commingle such funds with other sums; and
       (2) UNFPA does not fund abortions.
       (e) Report to Congress and Dollar-for-Dollar Withholding of 
     Funds.--
       (1) Not later than 4 months after the date of enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations indicating the amount of funds 
     that UNFPA is budgeting for the year in which the report is 
     submitted for a country program in the People's Republic of 
     China.
       (2) If a report under paragraph (1) indicates that UNFPA 
     plans to spend funds for a country program in the People's 
     Republic of China in the year covered by the report, then the 
     amount of such funds UNFPA plans to spend in the People's 
     Republic of China shall be deducted from the funds made 
     available to UNFPA after March 1 for obligation for the 
     remainder of the fiscal year in which the report is 
     submitted.

                        global health activities

       Sec. 7058. (a) In General.--Funds appropriated by titles 
     III and IV of this Act that are made available for bilateral 
     assistance for child survival activities or disease programs 
     including activities relating to research on, and the 
     prevention, treatment and control of, HIV/AIDS may be made 
     available notwithstanding any other provision of law except 
     for provisions under the heading ``Global Health Programs'' 
     and the United States Leadership Against HIV/AIDS, 
     Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22 
     U.S.C. 7601 et seq.), as amended:  Provided, That of the 
     funds appropriated under title III of this Act, not less than 
     $575,000,000 should be made available for family planning/
     reproductive health, including in areas where population 
     growth threatens biodiversity or endangered species.
       (b) Infectious Disease Outbreaks.--
       (1) Global health security.--Funds appropriated by this Act 
     under the heading ``Global Health Programs'' shall be made 
     available for global health security programs, which shall 
     prioritize and accelerate efforts to strengthen public health 
     capacity in countries where there is a high risk of emerging 
     zoonotic and other infectious diseases and to support the 
     collection, analysis, and sharing of data on unknown viruses 
     and other pathogens:  Provided, That not later than 60 days 
     after enactment of this Act, the USAID Administrator shall 
     consult with the Committees on Appropriations on the planned 
     uses of such funds.
       (2) Extraordinary measures.--If the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that an international infectious disease outbreak is 
     sustained, severe, and is spreading internationally, or that 
     it is in the national interest to respond to a Public Health 
     Emergency of International Concern, not to exceed an 
     aggregate total of $200,000,000 of the funds appropriated by 
     this Act under the headings ``Global Health Programs'', 
     ``Development Assistance'', ``International Disaster 
     Assistance'', ``Complex Crises Fund'', ``Economic Support 
     Fund'', ``Democracy Fund'', ``Assistance for Europe, Eurasia 
     and Central Asia'', ``Migration and Refugee Assistance'', and 
     ``Millennium Challenge Corporation'' may be made available to 
     combat such infectious disease or public health emergency, 
     and may be transferred to, and merged with, funds 
     appropriated under such headings for the purposes of this 
     paragraph.
       (3) Emergency reserve fund.--Up to $50,000,000 of the funds 
     made available under the heading ``Global Health Programs'' 
     may be made available for the Emergency Reserve Fund 
     established pursuant to section 7058(c)(1) of the Department 
     of State, Foreign Operations, and Related Programs 
     Appropriations Act, 2017 (division J of Public Law 115-31):  
     Provided, That such funds shall be made available under the 
     same terms and conditions of such section.
       (4) Consultation and notification.--Funds made available by 
     this subsection shall be subject to prior consultation with 
     the appropriate congressional committees and the regular 
     notification procedures of the Committees on Appropriations.
       (c) Childhood Cancer.--Funds appropriated under titles III 
     and VI of this Act may be made available for public-private 
     partnerships, including in coordination with relevant 
     multilateral organizations and research entities, to address 
     childhood cancer:  Provided, That the Secretary of State, in 
     consultation with the USAID Administrator and the Office of 
     Global Partnerships, Department of State, shall submit a 
     report to the Committees on Appropriations on the feasibility 
     of such partnerships prior to any obligation of funds and not 
     later than 90 days after enactment of this Act.

[[Page H7489]]

  


                            gender equality

       Sec. 7059. (a) Women's Empowerment.--
       (1) Gender equality.--Funds appropriated by this Act shall 
     be made available to promote gender equality in United States 
     Government diplomatic and development efforts by raising the 
     status, increasing the participation, and protecting the 
     rights of women and girls worldwide.
       (2) Women's economic empowerment.--Funds appropriated by 
     this Act are available to implement the Women's 
     Entrepreneurship and Economic Empowerment Act of 2018 (Public 
     Law 115-428):  Provided, That the Secretary of State and the 
     Administrator of the United States Agency for International 
     Development, as appropriate, shall consult with the 
     Committees on Appropriations on the implementation of such 
     Act.
       (3) Women's global development and prosperity fund.--Of the 
     funds appropriated under title III of this Act, up to 
     $200,000,000 may be made available for the Women's Global 
     Development and Prosperity Fund.
       (b) Women's Leadership.--Of the funds appropriated by title 
     III of this Act, not less than $50,000,000 shall be made 
     available for programs specifically designed to increase 
     leadership opportunities for women in countries where women 
     and girls suffer discrimination due to law, policy, or 
     practice, by strengthening protections for women's political 
     status, expanding women's participation in political parties 
     and elections, and increasing women's opportunities for 
     leadership positions in the public and private sectors at the 
     local, provincial, and national levels.
       (c) Gender-Based Violence.--
       (1) Of the funds appropriated under titles III and IV of 
     this Act, not less than $165,000,000 shall be made available 
     to implement a multi-year strategy to prevent and respond to 
     gender-based violence in countries where it is common in 
     conflict and non-conflict settings.
       (2) Funds appropriated under titles III and IV of this Act 
     that are available to train foreign police, judicial, and 
     military personnel, including for international peacekeeping 
     operations, shall address, where appropriate, prevention and 
     response to gender-based violence and trafficking in persons, 
     and shall promote the integration of women into the police 
     and other security forces.
       (d) Women, Peace, and Security.--Of the funds appropriated 
     by this Act under the headings ``Development Assistance'', 
     ``Economic Support Fund'', ``Assistance for Europe, Eurasia 
     and Central Asia'', and ``International Narcotics Control and 
     Law Enforcement'', not less than $130,000,000 should be made 
     available to support a multi-year strategy to expand, and 
     improve coordination of, United States Government efforts to 
     empower women as equal partners in conflict prevention, peace 
     building, transitional processes, and reconstruction efforts 
     in countries affected by conflict or in political transition, 
     and to ensure the equitable provision of relief and recovery 
     assistance to women and girls.
       (e) Women and Girls at Risk From Extremism and Conflict.--
     Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $15,000,000 shall be 
     made available to support women and girls who are at risk 
     from extremism and conflict, and for the activities described 
     in section 7059(e)(1) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2018 
     (division K of Public Law 115-141):  Provided, That such 
     funds are in addition to amounts otherwise made available by 
     this Act for such purposes, and shall be made available 
     following consultation with, and the regular notification 
     procedures of, the Committees on Appropriations.

                           sector allocations

       Sec. 7060. (a) Basic Education and Higher Education.--
       (1) Basic education.--
       (A) Of the funds appropriated under title III of this Act, 
     not less than $950,000,000 shall be made available for 
     assistance for basic education, and such funds may be made 
     available notwithstanding any other provision of law that 
     restricts assistance to foreign countries:  Provided, That 
     such funds shall also be used for secondary education 
     activities:  Provided further, That the Administrator of the 
     United States Agency for International Development, following 
     consultation with the Committees on Appropriations, may 
     reprogram such funds between countries:  Provided further, 
     That of the funds made available by this paragraph, 
     $150,000,000 should be available for the education of girls 
     in areas of conflict:  Provided further, That funds made 
     available under the headings ``Development Assistance'' and 
     ``Economic Support Fund'' for the support of non-state 
     schools in this Act and prior Acts making appropriations for 
     the Department of State, foreign operations, and related 
     programs shall be subject to the regular notification 
     procedures of the Committees on Appropriations.
       (B) Of the funds appropriated under title III of this Act 
     for assistance for basic education programs, not less than 
     $150,000,000 shall be made available for contributions to 
     multilateral partnerships that support education.
       (C) Funds appropriated under title III of this Act and made 
     available for assistance for basic education as provided for 
     in this paragraph shall be referred to as the ``Nita M. Lowey 
     Basic Education Fund''.
       (2) Higher education.--Of the funds appropriated by title 
     III of this Act, not less than $235,000,000 shall be made 
     available for assistance for higher education:  Provided, 
     That such funds may be made available notwithstanding any 
     other provision of law that restricts assistance to foreign 
     countries, and shall be subject to the regular notification 
     procedures of the Committees on Appropriations:  Provided 
     further, That of such amount, not less than $35,000,000 shall 
     be made available for new and ongoing partnerships between 
     higher education institutions in the United States and 
     developing countries focused on building the capacity of 
     higher education institutions and systems in developing 
     countries:  Provided further, That not later than 45 days 
     after enactment of this Act, the USAID Administrator shall 
     consult with the Committees on Appropriations on the proposed 
     uses of funds for such partnerships.
       (3) Higher education in countries impacted by economic 
     crises.--In addition to amounts made available pursuant to 
     paragraph (2), of the funds appropriated by this Act under 
     the heading ``Economic Support Fund'', not less than 
     $50,000,000 shall be made available, notwithstanding any 
     other provision of law that restricts assistance to foreign 
     countries and following consultation with the Committees on 
     Appropriations, for the following institutions that are 
     recipients of United States assistance and located in 
     countries impacted by economic crises--
       (A) United States-accredited institutions of higher 
     education in the Middle East; and
       (B) not-for-profit, coeducational American institutions of 
     higher education in the Middle East and Asia.
       (b) Development Programs.--Of the funds appropriated by 
     this Act under the heading ``Development Assistance'', not 
     less than $18,500,000 shall be made available for USAID 
     cooperative development programs and not less than 
     $30,000,000 shall be made available for the American Schools 
     and Hospitals Abroad program.
       (c) Environment Programs.--
       (1)(A) Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106, and chapter 4 of part 
     II, of the Foreign Assistance Act of 1961 may be used, 
     notwithstanding any other provision of law, except for the 
     provisions of this subsection, to support environment 
     programs.
       (B) Funds made available pursuant to this subsection shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (2)(A) Of the funds appropriated under title III of this 
     Act, not less than $320,000,000 shall be made available for 
     biodiversity conservation programs.
       (B) Not less than $100,664,000 of the funds appropriated 
     under titles III and IV of this Act shall be made available 
     to combat the transnational threat of wildlife poaching and 
     trafficking.
       (C) None of the funds appropriated under title IV of this 
     Act may be made available for training or other assistance 
     for any military unit or personnel that the Secretary of 
     State determines has been credibly alleged to have 
     participated in wildlife poaching or trafficking, unless the 
     Secretary reports to the appropriate congressional committees 
     that to do so is in the national security interest of the 
     United States.
       (D) Funds appropriated by this Act for biodiversity 
     programs shall not be used to support the expansion of 
     industrial scale logging or any other industrial scale 
     extractive activity into areas that were primary/intact 
     tropical forests as of December 30, 2013, and the Secretary 
     of the Treasury shall instruct the United States executive 
     directors of each international financial institution (IFI) 
     to use the voice and vote of the United States to oppose any 
     financing of any such activity.
       (3) The Secretary of the Treasury shall instruct the United 
     States executive director of each IFI that it is the policy 
     of the United States to use the voice and vote of the United 
     States, in relation to any loan, grant, strategy, or policy 
     of such institution, regarding the construction of any large 
     dam consistent with the criteria set forth in Senate Report 
     114-79, while also considering whether the project involves 
     important foreign policy objectives.
       (4) Of the funds appropriated under title III of this Act, 
     not less than $135,000,000 shall be made available for 
     sustainable landscapes programs.
       (5) Of the funds appropriated under title III of this Act, 
     not less than $177,000,000 shall be made available for 
     adaptation programs, including in support of the 
     implementation of the Indo-Pacific Strategy.
       (6) Of the funds appropriated under title III of this Act, 
     not less than $179,000,000 shall be made available for 
     renewable energy programs, including in support of carrying 
     out the purposes of the Electrify Africa Act (Public Law 114-
     121) and implementation of the Power Africa initiative.
       (7) Of the funds appropriated under title III of this Act, 
     not less than $75,000,000 shall be made available for 
     programs to address ocean plastic pollution and other marine 
     debris, including technical assistance for waste management:  
     Provided, That the Secretary of State, in consultation with 
     the Secretary of the Treasury, the USAID Administrator, and 
     the heads of other relevant Federal agencies, shall seek to 
     enter into negotiations with key bilateral and multilateral 
     donors, including the World Bank, to establish a new 
     multilateral fund for ocean plastic pollution and other 
     marine debris:  Provided further, That such funds may be made 
     available for a contribution to such new fund, and for a 
     USAID-administered multi-donor fund for such purposes:  
     Provided further, That such funds are in addition to amounts 
     otherwise made available by this Act for such purposes:  
     Provided further, That such funds may only be made available 
     following consultation with the Committees on Appropriations.
       (d) Food Security and Agricultural Development.--Of the 
     funds appropriated by title III of this Act, not less than 
     $1,010,600,000 shall be made available for food security and 
     agricultural development programs to carry out the purposes 
     of the Global Food Security Act of 2016 (Public Law 114-195): 
      Provided, That funds may

[[Page H7490]]

     be made available for a contribution as authorized by section 
     3202 of the Food, Conservation, and Energy Act of 2008 
     (Public Law 110-246), as amended by section 3310 of the 
     Agriculture Improvement Act of 2018 (Public Law 115-334).
       (e) Micro, Small, and Medium-sized Enterprises.--Of the 
     funds appropriated by this Act, not less than $265,000,000 
     shall be made available to support the development of, and 
     access to financing for, micro, small, and medium-sized 
     enterprises that benefit the poor, especially women.
       (f) Programs to Combat Trafficking in Persons.--Of the 
     funds appropriated by this Act under the headings 
     ``Development Assistance'', ``Economic Support Fund'', 
     ``Assistance for Europe, Eurasia and Central Asia'', and 
     ``International Narcotics Control and Law Enforcement'', not 
     less than $99,000,000 shall be made available for activities 
     to combat trafficking in persons internationally, including 
     for the Program to End Modern Slavery, of which not less than 
     $77,000,000 shall be from funds made available under the 
     heading ``International Narcotics Control and Law 
     Enforcement'':  Provided, That funds made available by this 
     Act under the headings ``Development Assistance'', ``Economic 
     Support Fund'', and ``Assistance for Europe, Eurasia and 
     Central Asia'' that are made available for activities to 
     combat trafficking in persons should be obligated and 
     programmed consistent with the country-specific 
     recommendations included in the annual Trafficking in Persons 
     Report, and shall be coordinated with the Office to Monitor 
     and Combat Trafficking in Persons, Department of State.
       (g) Reconciliation Programs.--Of the funds appropriated by 
     this Act under the heading ``Development Assistance'', not 
     less than $25,000,000 shall be made available to support 
     people-to-people reconciliation programs which bring together 
     individuals of different ethnic, religious, and political 
     backgrounds from areas of civil strife and war:  Provided, 
     That the USAID Administrator shall consult with the 
     Committees on Appropriations, prior to the initial obligation 
     of funds, on the uses of such funds, and such funds shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations:  Provided further, That to the 
     maximum extent practicable, such funds shall be matched by 
     sources other than the United States Government:  Provided 
     further, That such funds shall be administered by the Office 
     of Conflict Management and Mitigation, USAID.
       (h) Water and Sanitation.--Of the funds appropriated by 
     this Act, not less than $450,000,000 shall be made available 
     for water supply and sanitation projects pursuant to section 
     136 of the Foreign Assistance Act of 1961, of which not less 
     than $225,000,000 shall be for programs in sub-Saharan 
     Africa, and of which not less than $15,000,000 shall be made 
     available to support initiatives by local communities in 
     developing countries to build and maintain safe latrines.

                            budget documents

       Sec. 7061. (a) Operating Plans.--Not later than 45 days 
     after enactment of this Act, each department, agency, or 
     organization funded in titles I, II, and VI of this Act, and 
     the Department of the Treasury and Independent Agencies 
     funded in title III of this Act, including the Inter-American 
     Foundation and the United States African Development 
     Foundation, shall submit to the Committees on Appropriations 
     an operating plan for funds appropriated to such department, 
     agency, or organization in such titles of this Act, or funds 
     otherwise available for obligation in fiscal year 2021, that 
     provides details of the uses of such funds at the program, 
     project, and activity level:  Provided, That such plans shall 
     include, as applicable, a comparison between the 
     congressional budget justification funding levels, the most 
     recent congressional directives or approved funding levels, 
     and the funding levels proposed by the department or agency; 
     and a clear, concise, and informative description/
     justification:  Provided further, That operating plans that 
     include changes in levels of funding for programs, projects, 
     and activities specified in the congressional budget 
     justification, in this Act, or amounts specifically 
     designated in the respective tables included in the 
     explanatory statement described in section 4 (in the matter 
     preceding division A of this consolidated Act), as 
     applicable, shall be subject to the notification and 
     reprogramming requirements of section 7015 of this Act.
       (b) Spend Plans.--
       (1) Not later than 90 days after enactment of this Act, the 
     Secretary of State or Administrator of the United States 
     Agency for International Development, as appropriate, shall 
     submit to the Committees on Appropriations a spend plan for 
     funds made available by this Act, for--
       (A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, 
     Syria, Colombia, and countries in Central America;
       (B) assistance made available pursuant to section 7047(d) 
     of this Act to counter Russian influence and aggression, 
     except that such plan shall be on a country-by-country basis;
       (C) assistance made available pursuant to section 7059 of 
     this Act;
       (D) the Indo-Pacific Strategy and the Countering Chinese 
     Influence Fund;
       (E) democracy programs, the Power Africa and Prosper Africa 
     initiatives, and sectors enumerated in subsections (a), (c), 
     (d), (e), (f), (g) and (h) of section 7060 of this Act;
       (F) funds provided under the heading ``International 
     Narcotics Control and Law Enforcement'' for International 
     Organized Crime and for Cybercrime and Intellectual Property 
     Rights:  Provided, That the spend plans shall include 
     bilateral and global programs funded under such heading along 
     with a brief description of the activities planned for each 
     country; and
       (G) the regional security initiatives described under this 
     heading in section 7050 in Senate Report 116-126.
       (2) Not later than 90 days after enactment of this Act, the 
     Secretary of the Treasury shall submit to the Committees on 
     Appropriations a detailed spend plan for funds made available 
     by this Act under the heading ``Department of the Treasury, 
     International Affairs Technical Assistance'' in title III.
       (c) Clarification.--The spend plans referenced in 
     subsection (b) shall not be considered as meeting the 
     notification requirements in this Act or under section 634A 
     of the Foreign Assistance Act of 1961.
       (d) Congressional Budget Justification.--
       (1) Submission.--The congressional budget justification for 
     Department of State operations and foreign operations shall 
     be provided to the Committees on Appropriations concurrent 
     with the date of submission of the President's budget for 
     fiscal year 2022:  Provided, That the appendices for such 
     justification shall be provided to the Committees on 
     Appropriations not later than 10 calendar days thereafter.
       (2) Multi-year availability of certain funds.--The 
     Secretary of State and the USAID Administrator shall include 
     in the congressional budget justification a detailed 
     justification for multi-year availability for any funds 
     requested under the headings ``Diplomatic Programs'' and 
     ``Operating Expenses''.

                             reorganization

       Sec. 7062. (a) Oversight.--
       (1) Prior consultation and notification.--Funds 
     appropriated by this Act, prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs, or any other Act may not be used to implement a 
     reorganization, redesign, or other plan described in 
     paragraph (2) by the Department of State, the United States 
     Agency for International Development, or any other Federal 
     department, agency, or organization funded by this Act 
     without prior consultation by the head of such department, 
     agency, or organization with the appropriate congressional 
     committees:  Provided, That such funds shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations:  Provided further, That any such notification 
     submitted to such Committees shall include a detailed 
     justification for any proposed action, including the 
     information specified under section 7073 of the joint 
     explanatory statement accompanying the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2019 (division F of Public Law 116-6):  Provided further, 
     That congressional notifications submitted in prior fiscal 
     years pursuant to similar provisions of law in prior Acts 
     making appropriations for the Department of State, foreign 
     operations, and related programs may be deemed to meet the 
     notification requirements of this section.
       (2) Description of activities.--Pursuant to paragraph (1), 
     a reorganization, redesign, or other plan shall include any 
     action to--
       (A) expand, eliminate, consolidate, or downsize covered 
     departments, agencies, or organizations, including bureaus 
     and offices within or between such departments, agencies, or 
     organizations, including the transfer to other agencies of 
     the authorities and responsibilities of such bureaus and 
     offices;
       (B) expand, eliminate, consolidate, or downsize the United 
     States official presence overseas, including at bilateral, 
     regional, and multilateral diplomatic facilities and other 
     platforms; or
       (C) expand or reduce the size of the permanent Civil 
     Service, Foreign Service, eligible family member, and locally 
     employed staff workforce of the Department of State and USAID 
     from the levels specified in sections 7063(d) and 7064(i) of 
     this Act.
       (b) Additional Requirements and Limitations.--
       (1) Bureau of population, refugees, and migration, 
     department of state.--None of the funds appropriated by this 
     Act, prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, or any other 
     Act may be used to downsize, downgrade, consolidate, close, 
     move, or relocate the Bureau of Population, Refugees, and 
     Migration, Department of State, or any activities of such 
     Bureau, to another Federal agency.
       (2) Administration of funds.--Funds made available by this 
     Act--
       (A) under the heading ``Migration and Refugee Assistance'' 
     shall be administered by the Assistant Secretary for 
     Population, Refugees, and Migration, Department of State, and 
     this responsibility shall not be delegated; and
       (B) that are made available for the Office of Global 
     Women's Issues shall be administered by the United States 
     Ambassador-at-Large for Global Women's Issues, Department of 
     State, and this responsibility shall not be delegated.

                     department of state management

       Sec. 7063. (a) Financial Systems Improvement.--Funds 
     appropriated by this Act for the operations of the Department 
     of State under the headings ``Diplomatic Programs'' and 
     ``Capital Investment Fund'' shall be made available to 
     implement the recommendations contained in the Foreign 
     Assistance Data Review Findings Report (FADR) and the Office 
     of Inspector General (OIG) report entitled ``Department 
     Financial Systems Are Insufficient to Track and Report on 
     Foreign Assistance Funds'':  Provided, That such funds may 
     not be obligated for enhancements to, or expansions of, the 
     Budget System Modernization Financial System, Central 
     Resource Management System, Joint Financial Management 
     System, or Foreign Assistance Coordination and Tracking 
     System until such updated plan is submitted to the Committees 
     on Appropriations:  Provided further, That such funds may not 
     be obligated for new, or expansion of existing, ad hoc 
     electronic systems to track commitments, obligations, or 
     expenditures

[[Page H7491]]

     of funds unless the Secretary of State, following 
     consultation with the Chief Information Officer of the 
     Department of State, has reviewed and certified that such new 
     system or expansion is consistent with the FADR and OIG 
     recommendations:  Provided further, That not later than 45 
     days after enactment of this Act, the Secretary of State 
     shall submit to the Committees on Appropriations an update to 
     the plan required under section 7006 of the Department of 
     State, Foreign Operations, and Related Programs 
     Appropriations Act, 2017 (division J of Public Law 115-31) 
     for implementing the FADR and OIG recommendations.
       (b) Working Capital Fund.--Funds appropriated by this Act 
     or otherwise made available to the Department of State for 
     payments to the Working Capital Fund may only be used for the 
     service centers included in the Congressional Budget 
     Justification, Department of State, Foreign Operations, and 
     Related Programs, Fiscal Year 2021:  Provided, That the 
     amounts for such service centers shall be the amounts 
     included in such budget justification, except as provided in 
     section 7015(b) of this Act:  Provided further, That Federal 
     agency components shall be charged only for their direct 
     usage of each Working Capital Fund service:  Provided 
     further, That prior to increasing the percentage charged to 
     Department of State bureaus and offices for procurement-
     related activities, the Secretary of State shall include the 
     proposed increase in the Department of State budget 
     justification or, at least 60 days prior to the increase, 
     provide the Committees on Appropriations a justification for 
     such increase, including a detailed assessment of the cost 
     and benefit of the services provided by the procurement fee:  
     Provided further, That Federal agency components may only pay 
     for Working Capital Fund services that are consistent with 
     the purpose and authorities of such components:  Provided 
     further, That the Working Capital Fund shall be paid in 
     advance or reimbursed at rates which will return the full 
     cost of each service.
       (c) Certification.--
       (1) Compliance.--Not later than 45 days after the initial 
     obligation of funds appropriated under titles III and IV of 
     this Act that are made available to a Department of State 
     bureau or office with responsibility for the management and 
     oversight of such funds, the Secretary of State shall certify 
     and report to the Committees on Appropriations, on an 
     individual bureau or office basis, that such bureau or office 
     is in compliance with Department and Federal financial and 
     grants management policies, procedures, and regulations, as 
     applicable.
       (2) Considerations.--When making a certification required 
     by paragraph (1), the Secretary of State shall consider the 
     capacity of a bureau or office to--
       (A) account for the obligated funds at the country and 
     program level, as appropriate;
       (B) identify risks and develop mitigation and monitoring 
     plans;
       (C) establish performance measures and indicators;
       (D) review activities and performance; and
       (E) assess final results and reconcile finances.
       (3) Plan.--If the Secretary of State is unable to make a 
     certification required by paragraph (1), the Secretary shall 
     submit a plan and timeline detailing the steps to be taken to 
     bring such bureau or office into compliance.
       (d) Personnel Levels.--Funds made available by this Act are 
     made available to support the permanent Foreign Service and 
     Civil Service staff levels of the Department of State at not 
     less than the hiring targets established in the fiscal year 
     2020 operating plan.
       (e) Information Technology Platform.--
       (1) None of the funds appropriated in title I of this Act 
     under the heading ``Administration of Foreign Affairs'' may 
     be made available for a new major information technology (IT) 
     investment without the concurrence of the Chief Information 
     Officer, Department of State.
       (2) None of the funds appropriated in title I of this Act 
     under the heading ``Administration of Foreign Affairs'' may 
     be used by an agency to submit a project proposal to the 
     Technology Modernization Board for funding from the 
     Technology Modernization Fund unless, not later than 15 days 
     in advance of submitting the project proposal to the Board, 
     the head of the agency--
       (A) notifies the Committees on Appropriations of the 
     proposed submission of the project proposal; and
       (B) submits to the Committees on Appropriations a copy of 
     the project proposal.
       (3) None of the funds appropriated in title I of this Act 
     and prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs under the 
     heading ``Administration of Foreign Affairs'' may be used by 
     an agency to carry out a project that is approved by the 
     Board unless the head of the agency--
       (A) submits to the Committees on Appropriations a copy of 
     the approved project proposal, including the terms of 
     reimbursement of funding received for the project; and
       (B) agrees to submit to the Committees on Appropriations a 
     copy of each report relating to the project that the head of 
     the agency submits to the Board.

     united states agency for international development management

       Sec. 7064. (a) Authority.--Up to $110,000,000 of the funds 
     made available in title III of this Act pursuant to or to 
     carry out the provisions of part I of the Foreign Assistance 
     Act of 1961, including funds appropriated under the heading 
     ``Assistance for Europe, Eurasia and Central Asia'', may be 
     used by the United States Agency for International 
     Development to hire and employ individuals in the United 
     States and overseas on a limited appointment basis pursuant 
     to the authority of sections 308 and 309 of the Foreign 
     Service Act of 1980 (22 U.S.C. 3948 and 3949).
       (b) Restriction.--The authority to hire individuals 
     contained in subsection (a) shall expire on September 30, 
     2022.
       (c) Program Account Charged.--The account charged for the 
     cost of an individual hired and employed under the authority 
     of this section shall be the account to which the 
     responsibilities of such individual primarily relate:  
     Provided, That funds made available to carry out this section 
     may be transferred to, and merged with, funds appropriated by 
     this Act in title II under the heading ``Operating 
     Expenses''.
       (d) Foreign Service Limited Extensions.--Individuals hired 
     and employed by USAID, with funds made available in this Act 
     or prior Acts making appropriations for the Department of 
     State, foreign operations, and related programs, pursuant to 
     the authority of section 309 of the Foreign Service Act of 
     1980 (22 U.S.C. 3949), may be extended for a period of up to 
     4 years notwithstanding the limitation set forth in such 
     section.
       (e) Disaster Surge Capacity.--Funds appropriated under 
     title III of this Act to carry out part I of the Foreign 
     Assistance Act of 1961, including funds appropriated under 
     the heading ``Assistance for Europe, Eurasia and Central 
     Asia'', may be used, in addition to funds otherwise available 
     for such purposes, for the cost (including the support costs) 
     of individuals detailed to or employed by USAID whose primary 
     responsibility is to carry out programs in response to 
     natural disasters, or man-made disasters subject to the 
     regular notification procedures of the Committees on 
     Appropriations.
       (f) Personal Services Contractors.--Funds appropriated by 
     this Act to carry out chapter 1 of part I, chapter 4 of part 
     II, and section 667 of the Foreign Assistance Act of 1961, 
     and title II of the Food for Peace Act (Public Law 83-480; 7 
     U.S.C. 1721 et seq.), may be used by USAID to employ up to 40 
     personal services contractors in the United States, 
     notwithstanding any other provision of law, for the purpose 
     of providing direct, interim support for new or expanded 
     overseas programs and activities managed by the agency until 
     permanent direct hire personnel are hired and trained:  
     Provided, That not more than 15 of such contractors shall be 
     assigned to any bureau or office:  Provided further, That 
     such funds appropriated to carry out title II of the Food for 
     Peace Act (Public Law 83-480; 7 U.S.C. 1721 et seq.), may be 
     made available only for personal services contractors 
     assigned to the Bureau for Humanitarian Assistance.
       (g) Small Business.--In entering into multiple award 
     indefinite-quantity contracts with funds appropriated by this 
     Act, USAID may provide an exception to the fair opportunity 
     process for placing task orders under such contracts when the 
     order is placed with any category of small or small 
     disadvantaged business.
       (h) Senior Foreign Service Limited Appointments.--
     Individuals hired pursuant to the authority provided by 
     section 7059(o) of the Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2010 
     (division F of Public Law 111-117) may be assigned to or 
     support programs in Afghanistan or Pakistan with funds made 
     available in this Act and prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs.
       (i) Personnel Levels.--Funds made available by this Act 
     under the heading ``Operating Expenses'' are made available 
     to support not less than 1,850 permanent Foreign Service 
     Officers and 1,600 permanent Civil Service staff.

  stabilization and development in regions impacted by extremism and 
                                conflict

       Sec. 7065. (a) Prevention and Stabilization Fund.--
       (1) Funds and transfer authority.--Of the funds 
     appropriated by this Act under the headings ``Economic 
     Support Fund'', ``International Narcotics Control and Law 
     Enforcement'', ``Nonproliferation, Anti-terrorism, Demining 
     and Related Programs'', ``Peacekeeping Operations'', and 
     ``Foreign Military Financing Program'', not less than 
     $100,000,000 shall be made available for the purposes of the 
     Prevention and Stabilization Fund, as authorized by, and for 
     the purposes enumerated in, section 509(a) of the Global 
     Fragility Act of 2019 (title V of division J of Public Law 
     116-94), of which $25,000,000 may be made available for the 
     Multi-Donor Global Fragility Fund authorized by section 
     510(c) of such Act:  Provided, That such funds appropriated 
     under such headings may be transferred to, and merged with, 
     funds appropriated under such headings:  Provided further, 
     That such transfer authority is in addition to any other 
     transfer authority provided by this Act or any other Act, and 
     is subject to the regular notification procedures of the 
     Committees on Appropriations.
       (2) Transitional justice.--Of the funds appropriated by 
     this Act under the headings ``Economic Support Fund'' and 
     ``International Narcotics Control and Law Enforcement'' that 
     are made available for the Prevention and Stabilization Fund, 
     not less than $10,000,000 shall be made available for 
     programs to promote accountability for genocide, crimes 
     against humanity, and war crimes, including in Iraq and 
     Syria, which shall be in addition to any other funds made 
     available by this Act for such purposes:  Provided, That such 
     programs shall include components to develop local 
     investigative and judicial skills, and to collect and 
     preserve evidence and maintain the chain of custody of 
     evidence, including for use in prosecutions, and may include 
     the establishment of, and assistance for, transitional 
     justice mechanisms:  Provided further, That such funds shall 
     be administered by the Special Coordinator for the Office of 
     Global Criminal Justice, Department of State:  Provided 
     further, That funds made available by

[[Page H7492]]

     this paragraph shall be made available on an open and 
     competitive basis.
       (b) Global Fragility Act Implementation.--Funds 
     appropriated by this Act shall be made available to implement 
     the Global Fragility Act of 2019 (title V of division J of 
     Public Law 116-94):  Provided, That not later than 180 days 
     after enactment of this Act, the Secretary of State, in 
     consultation with the Administrator of the United States 
     Agency for International Development, shall submit a spend 
     plan to the Committees on Appropriations detailing the use of 
     funds made available by this Act for such purposes.
       (c) Global Community Engagement and Resilience Fund.--Funds 
     appropriated by this Act and prior Acts making appropriations 
     for the Department of State, foreign operations, and related 
     programs under the heading ``Economic Support Fund'' may be 
     made available to the Global Community Engagement and 
     Resilience Fund (GCERF), including as a contribution:  
     Provided, That any such funds made available for the GCERF 
     shall be made available on a cost-matching basis from sources 
     other than the United States Government, to the maximum 
     extent practicable, and shall be subject to the regular 
     notification procedures of the Committees on Appropriations.
       (d) Global Concessional Financing Facility.--Of the funds 
     appropriated by this Act under the heading ``Economic Support 
     Fund'', $25,000,000 shall be made available for the Global 
     Concessional Financing Facility of the World Bank to provide 
     financing to support refugees and host communities:  
     Provided, That such funds shall be in addition to funds 
     allocated for bilateral assistance in the report required by 
     section 653(a) of the Foreign Assistance Act of 1961, and may 
     only be made available subject to prior to consultation with 
     the Committees on Appropriations:  Provided further, That 
     such funds may be transferred to the Department of the 
     Treasury.

                          disability programs

       Sec. 7066. (a) Assistance.--Funds appropriated by this Act 
     under the heading ``Development Assistance'' shall be made 
     available for programs and activities administered by the 
     United States Agency for International Development to address 
     the needs and protect and promote the rights of people with 
     disabilities in developing countries, including initiatives 
     that focus on independent living, economic self-sufficiency, 
     advocacy, education, employment, transportation, sports, 
     political and electoral participation, and integration of 
     individuals with disabilities, including for the cost of 
     translation.
       (b) Management, Oversight, and Technical Support.--Of the 
     funds made available pursuant to this section, 5 percent may 
     be used by USAID for management, oversight, and technical 
     support.

                          debt-for-development

       Sec. 7067.  In order to enhance the continued participation 
     of nongovernmental organizations in debt-for-development and 
     debt-for-nature exchanges, a nongovernmental organization 
     which is a grantee or contractor of the United States Agency 
     for International Development may place in interest bearing 
     accounts local currencies which accrue to that organization 
     as a result of economic assistance provided under title III 
     of this Act and, subject to the regular notification 
     procedures of the Committees on Appropriations, any interest 
     earned on such investment shall be used for the purpose for 
     which the assistance was provided to that organization.

                            enterprise funds

       Sec. 7068. (a) Notification.--None of the funds made 
     available under titles III through VI of this Act may be made 
     available for Enterprise Funds unless the appropriate 
     congressional committees are notified at least 15 days in 
     advance.
       (b) Distribution of Assets Plan.--Prior to the distribution 
     of any assets resulting from any liquidation, dissolution, or 
     winding up of an Enterprise Fund, in whole or in part, the 
     President shall submit to the appropriate congressional 
     committees a plan for the distribution of the assets of the 
     Enterprise Fund.
       (c) Transition or Operating Plan.--Prior to a transition to 
     and operation of any private equity fund or other parallel 
     investment fund under an existing Enterprise Fund, the 
     President shall submit such transition or operating plan to 
     the appropriate congressional committees.

           extension of consular fees and related authorities

       Sec. 7069. (a) Section 1(b)(1) of the Passport Act of June 
     4, 1920 (22 U.S.C. 214(b)(1)) shall be applied through fiscal 
     year 2021 by substituting ``the costs of providing consular 
     services'' for ``such costs''.
       (b) Section 21009 of the Emergency Appropriations for 
     Coronavirus Health Response and Agency Operations (division B 
     of Public Law 116-136; 134 Stat. 592) is amended by striking 
     ``fiscal year 2020'' and inserting ``fiscal years 2020 and 
     2021''.
       (c) Discretionary amounts made available to the Department 
     of State under the heading ``Administration of Foreign 
     Affairs'' of this Act, and discretionary unobligated balances 
     under such heading from prior Acts making appropriations for 
     the Department of State, foreign operations, and related 
     programs, may be transferred to the Consular and Border 
     Security Programs account if the Secretary of State 
     determines and reports to the Committees on Appropriations 
     that to do so is necessary to sustain consular operations, 
     following consultation with such Committees:  Provided, That 
     such transfer authority is in addition to any transfer 
     authority otherwise available in this Act and under any other 
     provision of law:  Provided further, That no amounts may be 
     transferred from amounts designated for Overseas Contingency 
     Operations/Global War on Terrorism or as emergency 
     requirements pursuant to a concurrent resolution on the 
     budget or section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       (d) In addition to the uses permitted pursuant to section 
     286(v)(2)(A) of the Immigration and Nationality Act (8 U.S.C. 
     1356(v)(2)(A)), for fiscal year 2021, the Secretary of State 
     may also use fees deposited into the Fraud Prevention and 
     Detection Account for the costs of providing consular 
     services.
       (e) Amounts provided pursuant to subsections (a), (b), and 
     (d) are designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                          protective services

       Sec. 7070.  Of the funds appropriated under the heading 
     ``Diplomatic Programs'' by this Act and prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs, except for funds designated 
     by the Congress as an emergency requirement pursuant to a 
     concurrent resolution on the budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985, up to $15,000,000 
     may be made available to provide protective services to 
     former or retired senior Department of State officials or 
     employees that the Secretary of State, in consultation with 
     the Director of National Intelligence, determines and reports 
     to congressional leadership and the appropriate congressional 
     committees, face a serious and credible threat from a foreign 
     power or the agent of a foreign power arising from duties 
     performed by such official or employee while employed by the 
     Department:  Provided, That such determination shall include 
     a justification for the provision of protective services by 
     the Department, including the identification of the specific 
     nature of the threat and the anticipated duration of such 
     services provided, which may be submitted in classified form, 
     if necessary:  Provided further, That such protective 
     services shall be consistent with other such services 
     performed by the Bureau of Diplomatic Security under 22 
     U.S.C. 2709 for Department officials, and shall be made 
     available for an initial period of not more than 180 days, 
     which may be extended for additional consecutive periods of 
     60 days upon a subsequent determination by the Secretary that 
     the specific threat persists:  Provided further, That not 
     later than 45 days after enactment of this Act and quarterly 
     thereafter, the Secretary shall submit a report to 
     congressional leadership and the appropriate congressional 
     committees detailing the number of individuals receiving 
     protective services and the amount of funds expended for such 
     services on a case-by-case basis, which may be submitted in 
     classified form, if necessary:  Provided further, That for 
     purposes of this section a former or retired senior 
     Department of State official or employee means a person that 
     served in the Department at the Assistant Secretary, Special 
     Representative, or Senior Advisor level, or in a comparable 
     or more senior position, and has separated from service at 
     the Department:  Provided further, That funds made available 
     pursuant to this section are in addition to amounts otherwise 
     made available for such purposes:  Provided further, That 
     amounts repurposed pursuant to this section that were 
     previously designated by the Congress for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to 
     section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress 
     for Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of such Act.

                              rescissions

                    (including rescissions of funds)

       Sec. 7071. (a) Overseas Contingency Operations 
     Rescissions.--
       (1) Diplomatic and consular programs.--Of the unobligated 
     balances from amounts made available under the heading 
     ``Diplomatic and Consular Programs'' in title II of the 
     Security Assistance Appropriations Act, 2017 (division B of 
     Public Law 114-254), $360,123,000 are rescinded.
       (2) Peacekeeping operations.--Of the unobligated balances 
     from amounts made available under the heading ``Peacekeeping 
     Operations'' from prior Acts making appropriations for the 
     Department of State, foreign operations, and related programs 
     and designated by the Congress for Overseas Contingency 
     Operations/Global War on Terrorism pursuant to section 
     251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, $40,000,000 are rescinded.
       (3) Foreign military financing program.--Of the unobligated 
     balances from amounts made available under the heading 
     ``Foreign Military Financing Program'' from prior Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs and designated by the 
     Congress for Overseas Contingency Operations/Global War on 
     Terrorism pursuant to section 251(b)(2)(A)(ii) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     $25,000,000 are rescinded.
       (4) Designation.--For the purposes of this subsection, 
     funds that were previously designated by the Congress for 
     Overseas Contingency Operations/Global War on Terrorism 
     pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 are designated by 
     the Congress for Overseas Contingency Operations/Global War 
     on Terrorism pursuant to section 251(b)(2)(A)(ii) of such 
     Act.
       (b) Additional Rescissions.--
       (1) Economic support fund.--Of the unobligated balances 
     from amounts made available under the heading ``Economic 
     Support Fund'' from prior Acts making appropriations for the

[[Page H7493]]

     Department of State, foreign operations, and related 
     programs, $75,000,000 are rescinded.
       (2) Peace corps.--Of the unobligated balances from amounts 
     made available under the heading ``Peace Corps'' from prior 
     Acts making appropriations for the Department of State, 
     foreign operations, and related programs, $30,000,000 are 
     rescinded.
       (3) International narcotics control and law enforcement.--
     Of the unobligated balances from amounts made available under 
     the heading ``International Narcotics Control and Law 
     Enforcement'' from prior Acts making appropriations for the 
     Department of State, foreign operations, and related 
     programs, $50,411,000 are rescinded.
       (4) Limitation.--For the purposes of this subsection, no 
     amounts may be rescinded from amounts that were designated by 
     Congress as an emergency requirement or for Overseas 
     Contingency Operations/Global War on Terrorism pursuant to a 
     concurrent resolution on the budget or the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                               TITLE VIII

      NITA M. LOWEY MIDDLE EAST PARTNERSHIP FOR PEACE ACT OF 2020

                              short title

       Sec. 8001.  This title may be cited as the ``Nita M. Lowey 
     Middle East Partnership for Peace Act of 2020''.

                                findings

       Sec. 8002.  Congress finds the following:
       (1) Economic development in conflict settings has been 
     shown to support stabilization by empowering entrepreneurs, 
     growing the middle class, and mitigating unemployment.
       (2) In 2018, unemployment in the Palestinian territories 
     was 32.4 percent. Gross Domestic Product (GDP) growth in the 
     Palestinian territories declined from 2017 to 2019, and it is 
     projected to further decline in 2020.
       (3) According to the World Bank Ad Hoc Liaison Committee's 
     April 2019 Economic Monitoring Report, ``to achieve 
     sustainable economic growth, in the Palestinian territories, 
     growth and job creation going forward will need to be private 
     sector driven''.
       (4) According to the 2018 Joint Strategic Plan of the 
     Department of State and the United States Agency for 
     International Development, ``assistance can help prevent new 
     recruitment to terrorist organizations, reduce levels of 
     violence, promote legitimate governance structures that 
     strengthen inclusion, and reduce policies that marginalize 
     communities''.
       (5) Although economic development is an important tool for 
     stabilizing conflict-prone settings and establishing 
     connections between communities, economic development by 
     itself will not lead to lasting peace. People-to-people 
     peace-building programs further advance reconciliation 
     efforts by promoting greater understanding, mutual trust, and 
     cooperation between communities.
       (6) While the United States and its international partners 
     continue to support diplomatic and political negotiations 
     between the representatives of the parties to the Israeli-
     Palestinian conflict, such efforts require broad popular 
     support among the people on the ground to succeed.
       (7) Achieving sustainable, high-level agreements for 
     lasting peace in the Middle East must come through, and with 
     the support of, the people who live there, and the United 
     States and its international partners can help the people of 
     the region build popular support for sustainable agreements 
     for lasting peace.

                           sense of congress

       Sec. 8003.  It is the sense of Congress that--
       (1) building a viable Palestinian economy is central to the 
     effort to preserve the possibility of a negotiated settlement 
     leading to a sustainable two-state solution with the 
     democratic, Jewish state of Israel and a demilitarized, 
     democratic Palestinian state living side-by-side in peace, 
     security, and mutual recognition;
       (2) United States and international support for grassroots, 
     people-to-people efforts aimed at fostering tolerance, and 
     building support for such solution, can help counter 
     extremist propaganda and the growing issue of incitement;
       (3) strengthening engagement between Palestinians and 
     Israelis, including through people-to-people peace-building 
     programs can increase the bonds of friendship and 
     understanding;
       (4) investing in the development of the Palestinian economy 
     and in joint economic ventures can advance multiple sectors 
     to the benefit of local, regional, and global parties; and
       (5) Congress encourages cooperation between Palestinian, 
     American, and Israeli business sectors in order to benefit 
     the Palestinian, American, and Israeli peoples and economies.

              people-to-people partnership for peace fund

       Sec. 8004.  Chapter 4 of part II of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2346 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 535 PEOPLE-TO-PEOPLE PARTNERSHIP FOR PEACE FUND.

       ``(a) Establishment.--Beginning on the date that is one 
     year after the date of enactment of this section, the 
     Administrator of the United States Agency for International 
     Development is authorized to establish a program to provide 
     funding for projects to help build the foundation for 
     peaceful co-existence between Israelis and Palestinians and 
     for a sustainable two-state solution. The program established 
     under this subsection shall be known as the `People-to-People 
     Partnership for Peace Fund' (referred to in this section as 
     the `Fund').
       ``(b) Eligibility for Support.--In providing funding for 
     projects through the Fund, the Administrator may provide 
     support for qualified organizations, prioritizing those 
     organizations that seek to build better cooperation between 
     Israelis and Palestinians, including Palestinian 
     organizations, Israeli organizations, and international 
     organizations that bring Israelis and Palestinians together.
       ``(c) Additional Eligibility for Support.--In providing 
     funding for projects through the Fund, the Administrator may 
     additionally provide support to qualified organizations that 
     further shared community building, peaceful co-existence, 
     dialogue, and reconciliation between Arab and Jewish citizens 
     of Israel.
       ``(d) Contributions.--The Administrator--
       ``(1) is encouraged to work with foreign governments and 
     international organizations to leverage the impact of United 
     States resources and achieve the objectives of this section; 
     and
       ``(2) is authorized to accept contributions for the 
     purposes of the Fund, consistent with subsection (d) of 
     section 635.
       ``(e) Advisory Board.--
       ``(1) Establishment.--The Administrator shall establish an 
     advisory board to make recommendations to the Administrator 
     regarding the types of projects that should be considered for 
     funding through the Fund.
       ``(2) Membership.--
       ``(A) In general.--Subject to subparagraph (B), the 
     advisory board shall be composed of 13 members, none of whom 
     may be Members of Congress, who shall be appointed for 
     renewable periods of 3 years, as follows:
       ``(i) One member to serve as chair, appointed by the 
     Administrator, in consultation with the Secretary of State.
       ``(ii) One member appointed by the chair, and one member 
     appointed by the ranking member, of the Committee on Foreign 
     Relations of the Senate.
       ``(iii) One member appointed by the chair, and one member 
     appointed by the ranking member, of the Committee on Foreign 
     Affairs of the House of Representatives.
       ``(iv) One member appointed by the chair, and one member 
     appointed by the ranking member, of the Committee on 
     Appropriations of the Senate.
       ``(v) One member appointed by the chair, and one member 
     appointed by the ranking member, of the Committee on 
     Appropriations of the House of Representatives.
       ``(vi) One member appointed by the majority leader, and one 
     member appointed by the minority leader, of the Senate.
       ``(vii) One member appointed by the Speaker, and one member 
     appointed by the minority leader, of the House of 
     Representatives.
       ``(B) International participation.--The Administrator may 
     appoint up to two additional members to the advisory board 
     who are representatives of foreign governments or 
     international organizations for renewable periods of 3 years.
       ``(C) Qualifications.--Members of the advisory board shall 
     have demonstrated regional expertise and experience and 
     expertise in conflict mitigation and people-to-people 
     programs, and shall not receive compensation on account of 
     their service on the advisory board.
       ``(f) USAID Mission Recommendations.--The Administrator 
     shall consider the input and recommendations from missions of 
     the United States Agency for International Development in the 
     region and mission directors regarding projects that should 
     be considered for funding through the Fund.
       ``(g) Coordination.--The Administrator shall coordinate 
     with the Secretary of State in carrying out the provisions of 
     this section.''.

                 joint investment for peace initiative

       Sec. 8005. (a) Establishment.--Beginning on the date that 
     is 180 days after the date of the enactment of this Act, the 
     Chief Executive Officer of the United States International 
     Development Finance Corporation (referred to in this section 
     as the ``Chief Executive Officer'' and the ``Corporation'', 
     respectively) is authorized to establish a program to provide 
     investments in, and support to, entities that carry out 
     projects that contribute to the development of the 
     Palestinian private sector economy in the West Bank and Gaza. 
     The program established under this subsection shall be known 
     as the ``Joint Investment for Peace Initiative'' (referred to 
     in this section as the ``Initiative'') and shall be subject 
     to all existing terms, conditions, restrictions, oversight 
     requirements, and applicable provisions of law, including the 
     Better Utilization of Investments Leading to Development Act 
     of 2018 (22 U.S.C. 9611 et seq), including through strict 
     adherence to the less-developed country focus under section 
     1412(c) of such Act.
       (b) Participation Requirement.--In carrying out the 
     Initiative, the Chief Executive Officer shall ensure 
     participation by small and medium-sized enterprises owned by 
     Palestinians, which may include the technology sector, the 
     agriculture sector, and other high value-added or emerging 
     industries.
       (c) Priority.--In carrying out the Initiative, the Chief 
     Executive Officer shall prioritize support to projects that 
     increase economic cooperation between Israelis and 
     Palestinians.
       (d) Use of Existing Authorities.--In carrying out the 
     Initiative, the Chief Executive Officer shall utilize the 
     authorities under section 1421 of the Better Utilization of 
     Investments Leading to Development Act of 2018 (22 U.S.C. 
     9621), including to--
       (1) select a manager of the Initiative;
       (2) oversee and direct the operation of the Initiative 
     consistent with such Act and other provisions of law;
       (3) provide the Initiative with loans, guaranties, equity, 
     and insurance, as appropriate, to enable the Initiative to 
     attract private investment;
       (4) support the private sector in entering into joint 
     ventures between Palestinian and Israeli entities; and
       (5) carry out the purposes of the Initiative consistent 
     with the provisions of this section and other applicable 
     provisions of law.

[[Page H7494]]

       (e) Annual Report.--
       (1) In general.--Not later than December 31, 2021, and each 
     December 31 thereafter until December 31, 2031, the Chief 
     Executive Officer shall submit to the appropriate 
     congressional committees a report that describes the 
     following:
       (A) The extent to which the Initiative has contributed to 
     promoting and supporting Palestinian economic development.
       (B) The extent to which the Initiative has contributed to 
     greater integration of the Palestinian economy into the 
     international rules-based business system.
       (C) The extent to which projects that increase economic 
     cooperation between Palestinians and Israelis and between 
     Palestinians and Americans have been prioritized, including 
     through support to the private sector to enter into joint 
     ventures.
       (D) Information on the following:
       (i) Investments received and provided through the 
     Initiative.
       (ii) The mechanisms established for transparency and 
     accountability of investments provided through the 
     Initiative.
       (E) The extent to which entities supported by the 
     Initiative have impacted the efficacy of people-to-people 
     programs.
       (F) To the extent practicable, an assessment of the 
     sustainability of commercial endeavors that receive support 
     from the Initiative.
       (G) A description of the process for vetting and oversight 
     of entities eligible for support from the Initiative to 
     ensure compliance with the requirements of section 8006(b) of 
     this Act.
       (2) Form.--The reports required under this subsection shall 
     be submitted in unclassified form, without the designation 
     ``For Official Use Only'' or any related or successor 
     designation, but may be accompanied by a classified annex.
       (f) Termination.--
       (1) In general.--The Initiative shall terminate at the end 
     of the fiscal year that is 10 years after the date on which 
     the Chief Executive Officer makes the first investment under 
     the Initiative.
       (2) Exception.--The Chief Executive Officer is authorized 
     to continue to manage investments made under the Initiative 
     on and after the date specified in paragraph (1).
       (g) Coordination.--The Chief Executive Officer shall 
     coordinate with the Secretary of State and the Administrator 
     of the United States Agency for International Development in 
     carrying out the provisions of this section.

           limitations, vetting, coordination, and oversight

       Sec. 8006. (a) Limitations.--None of the funds made 
     available to carry out this title, or any amendment made by 
     this title, may be used to provide--
       (1) financial assistance to the national government of any 
     foreign country;
       (2) assistance for--
       (A) any individual or group the Secretary of State 
     determines to be involved in, or advocating, terrorist 
     activity; or
       (B) any individual who is a member of a foreign terrorist 
     organization (as designated pursuant to section 219 of the 
     Immigration and Nationality Act (8 U.S.C. 1189)); or
       (3) assistance for the Palestinian Authority or the 
     Palestine Liberation Organization.
       (b) Applicable Regulations.--Assistance made available 
     under this title, and any amendment made by this title, shall 
     adhere to the mission directives and vetting practices for 
     assistance for the West Bank and Gaza, as set forth by the 
     United States Agency for International Development.
       (c) Coordination.--
       (1) The Chief Executive Officer of the United States 
     International Development Finance Corporation, acting through 
     the Chief Development Officer of such Corporation, shall 
     coordinate with the Administrator of the United States Agency 
     for International Development and the Secretary of State to 
     ensure that all expenditures from the Joint Investment for 
     Peace Initiative comply with this section.
       (2) To the extent practicable, the Administrator of the 
     United States Agency for International Development and the 
     Chief Executive Officer of the United States International 
     Development Finance Corporation should coordinate and share 
     information in advance of providing resources through the 
     People-to-People Partnership for Peace Fund and the Joint 
     Investment for Peace Initiative.
       (d) Report.--
       (1) In general.--Not later than 90 days after the end of 
     the first fiscal year in which both the People-to-People 
     Partnership for Peace Fund and the Joint Investment for Peace 
     Initiative are in effect, and annually thereafter, the 
     Administrator of the United States Agency for International 
     Development and the Chief Executive Officer of the United 
     States International Development Finance Corporation shall, 
     in coordination with the Secretary of State, jointly submit 
     to the appropriate congressional committees a report in 
     writing that describes--
       (A)(i) lessons learned and best practices developed from 
     funding for projects under the People-to-People Partnership 
     for Peace Fund during the prior fiscal year; and
       (ii) the extent to which such projects have contributed to 
     the purposes of the People-to-People Partnership for Peace 
     Fund;
       (B)(i) lessons learned and best practices developed from 
     investments provided under the Joint Investment for Peace 
     Initiative during the prior fiscal year; and
       (ii) the extent to which such investments have contributed 
     to the purposes of the Joint Investment for Peace Initiative; 
     and
       (C) how the United States International Development Finance 
     Corporation and the United States Agency for International 
     Development coordinate and share information with respect to 
     the People-to-People Partnership for Peace Fund and the Joint 
     Investment for Peace Initiative.
       (2) Consultation.--The Administrator of the United States 
     Agency for International Development, in consultation with 
     the Secretary of State, shall consult with the advisory board 
     established by subsection (e) of section 535 of the Foreign 
     Assistance Act of 1961 (as added by section 8004 of this Act) 
     to inform the reports required by paragraph (1).

              appropriate congressional committees defined

       Sec. 8007.  In this title, the term ``appropriate 
     congressional committees'' has the meaning given that term in 
     section 1402 of the Better Utilization of Investments Leading 
     to Development Act of 2018 (22 U.S.C. 9601).

                    authorization of appropriations

       Sec. 8008. (a) In General.--There is authorized to be 
     appropriated to carry out this title, and the amendments made 
     by this title, $50,000,000 for each of the first 5 fiscal 
     years beginning after the date of the enactment of this Act.
       (b) Consultation Requirement.--Not later than 90 days after 
     enactment of this Act, and prior to the obligation of funds 
     made available to implement this title, the Administrator of 
     the United States Agency for International Development and 
     the Chief Executive Officer of the United States 
     International Development Finance Corporation, in 
     coordination with the Secretary of State, shall consult with 
     the Committees on Appropriations on the proposed uses of 
     funds.
       (c) Administrative Expenses.--Not more than 5 percent of 
     amounts authorized to be appropriated by subsection (a) for a 
     fiscal year should be made available for administrative 
     expenses to carry out section 535 of the Foreign Assistance 
     Act of 1961 (as added by section 8004 of this Act).
       (d) Availability.--Amounts authorized to be appropriated by 
     subsection (a) for a fiscal year are authorized to remain 
     available for such fiscal year and the subsequent 4 fiscal 
     years.

                                TITLE IX

                  EMERGENCY FUNDING AND OTHER MATTERS

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                 consular and border security programs

       For an additional amount for ``Consular and Border Security 
     Programs'', $300,000,000, to remain available until expended, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, which shall be for 
     offsetting losses resulting from the coronavirus pandemic of 
     fees and surcharges collected and deposited into the account 
     pursuant to section 7081 of division J of Public Law 115-31:  
     Provided, That funds made available under this heading in 
     this Act shall be in addition to any other funds made 
     available for this purpose:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                              sudan claims

       For necessary expenses to carry out section 7 of the Sudan 
     Claims Resolution Act, notwithstanding any other provision of 
     law, $150,000,000, to remain available until expended:  
     Provided, That any unexpended balances remaining following 
     the distributions described in section 7(b)(1) of the Sudan 
     Claims Resolution Act that are determined by the Secretary of 
     State, not later than September 30, 2030, and at the close of 
     each fiscal year thereafter, to be excess to the needs of 
     such distributions, shall be returned to the general fund of 
     the Treasury:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

                         global health programs

       For an additional amount for ``Global Health Programs'', 
     $4,000,000,000, to remain available until September 30, 2022, 
     to prevent, prepare for, and respond to coronavirus, 
     including for vaccine procurement and delivery:  Provided, 
     That such funds shall be administered by the Administrator of 
     the United States Agency for International Development and 
     shall be made available as a contribution to The GAVI 
     Alliance:  Provided further, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                         economic support fund

       For an additional amount for ``Economic Support Fund'', 
     $700,000,000, to remain available until September 30, 2022, 
     which shall be for assistance for Sudan, and which may be 
     made available as contributions:  Provided, That up to 
     $100,000,000 of such funds may be transferred to, and merged 
     with, funds made available under the headings ``Global Health 
     Programs'' and ``Transition Initiatives'' in Acts making 
     appropriations for the Department of State, foreign 
     operations, and related programs:  Provided further, That 
     upon a determination by the Secretary of State that funds 
     transferred pursuant to the preceding proviso are not 
     necessary for the purposes provided, such amounts may be 
     transferred back to such accounts:  Provided further, That 
     funds appropriated under this heading in this title may be 
     made available notwithstanding any other provision of law for 
     contributions authorized under this heading, agriculture and 
     economic growth programs, and economic assistance for 
     marginalized areas in Sudan and Abyei:  Provided further, 
     That prior

[[Page H7495]]

     to the initial obligation of funds appropriated under this 
     heading in this title, the Secretary of State shall consult 
     with the Committees on Appropriations:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                       Department of the Treasury

                           debt restructuring

       For an additional amount for ``Debt Restructuring'', 
     $120,000,000, to remain available until expended, which may 
     be used, notwithstanding any other provision of law, for 
     payment by the Secretary of the Treasury to the International 
     Monetary Fund for Heavily Indebted Poor Countries debt relief 
     for Sudan:  Provided, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     GENERAL PROVISIONS--THIS TITLE

       Sec. 9001.  Each amount appropriated or made available by 
     this title is in addition to amounts otherwise appropriated 
     for fiscal year 2021.
       Sec. 9002.  Notwithstanding section 7034(q)(7) of this 
     division of this Act, the additional amounts appropriated by 
     this title to appropriations accounts shall be available 
     under the authorities and conditions applicable to such 
     appropriations accounts for funds appropriated in fiscal year 
     2021, unless otherwise directed by this title.
       Sec. 9003.  Notwithstanding the limitations in sections 
     609(i) and 609(j) of the Millennium Challenge Act of 2003 
     (2211 U.S.C. 7708(j), 7715), the Millennium Challenge 
     Corporation may, subject to the availability of funds, extend 
     any compact in effect as of January 29, 2020, for up to one 
     additional year, to account for delays related to 
     coronavirus:  Provided, That the Corporation shall notify the 
     appropriate congressional committees prior to providing any 
     such extension.
       This division may be cited as the ``Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2021''.

DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED 
                   AGENCIES APPROPRIATIONS ACT, 2021

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        Office of the Secretary

                         salaries and expenses

       For necessary expenses of the Office of the Secretary, 
     $126,174,000, of which not to exceed $3,360,000 shall be 
     available for the immediate Office of the Secretary; not to 
     exceed $1,200,000 shall be available for the immediate Office 
     of the Deputy Secretary; not to exceed $22,210,000 shall be 
     available for the Office of the General Counsel; not to 
     exceed $11,797,000 shall be available for the Office of the 
     Under Secretary of Transportation for Policy; not to exceed 
     $16,394,000 shall be available for the Office of the 
     Assistant Secretary for Budget and Programs; not to exceed 
     $3,010,000 shall be available for the Office of the Assistant 
     Secretary for Governmental Affairs; not to exceed $32,239,000 
     shall be available for the Office of the Assistant Secretary 
     for Administration; not to exceed $2,610,000 shall be 
     available for the Office of Public Affairs; not to exceed 
     $2,018,000 shall be available for the Office of the Executive 
     Secretariat; not to exceed $13,576,000 shall be available for 
     the Office of Intelligence, Security, and Emergency Response; 
     and not to exceed $17,760,000 shall be available for the 
     Office of the Chief Information Officer:  Provided, That the 
     Secretary of Transportation (referred to in this title as the 
     ``Secretary'') is authorized to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the Secretary:  Provided further, 
     That no appropriation for any office shall be increased or 
     decreased by more than 7 percent by all such transfers:  
     Provided further, That notice of any change in funding 
     greater than 7 percent shall be submitted for approval to the 
     House and Senate Committees on Appropriations:  Provided 
     further, That not to exceed $70,000 shall be for allocation 
     within the Department for official reception and 
     representation expenses as the Secretary may determine:  
     Provided further, That notwithstanding any other provision of 
     law, there may be credited to this appropriation up to 
     $2,500,000 in funds received in user fees:  Provided further, 
     That none of the funds provided in this Act shall be 
     available for the position of Assistant Secretary for Public 
     Affairs.

                        research and technology

       For necessary expenses related to the Office of the 
     Assistant Secretary for Research and Technology, $22,800,000, 
     of which $16,485,000 shall remain available until expended:  
     Provided, That there may be credited to this appropriation, 
     to be available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training:  Provided 
     further, That any reference in law, regulation, judicial 
     proceedings, or elsewhere to the Research and Innovative 
     Technology Administration shall continue to be deemed to be a 
     reference to the Office of the Assistant Secretary for 
     Research and Technology of the Department of Transportation.

                  national infrastructure investments

                     (including transfer of funds)

       For capital investments in surface transportation 
     infrastructure, $1,000,000,000 to remain available until 
     September 30, 2024:  Provided, That the Secretary shall 
     distribute amounts made available under this heading as 
     discretionary grants to be awarded to a State, local or 
     tribal government, U.S. territory, transit agency, port 
     authority, metropolitan planning organization, political 
     subdivision of a State or local government, or a 
     collaboration among such entities on a competitive basis for 
     projects that will have a significant local or regional 
     impact:  Provided further, That projects eligible for amounts 
     made available under this heading shall include, but not be 
     limited to, highway or bridge projects eligible under title 
     23, United States Code; public transportation projects 
     eligible under chapter 53 of title 49, United States Code; 
     passenger and freight rail transportation projects; port 
     infrastructure investments (including inland port 
     infrastructure and land ports of entry); and projects 
     investing in surface transportation facilities that are 
     located on tribal land and for which title or maintenance 
     responsibility is vested in the Federal Government:  Provided 
     further, That of the amount made available under this 
     heading, the Secretary shall use an amount not more than 
     $30,000,000 for the planning, preparation or design of 
     projects eligible for amounts made available under this 
     heading, of which not less than $10,000,000 is for projects 
     eligible for amounts made available under this heading 
     located in or to directly benefit areas of persistent 
     poverty:  Provided further, That the term ``areas of 
     persistent poverty'' means any county that has consistently 
     had greater than or equal to 20 percent of the population 
     living in poverty during the 30-year period preceding the 
     date of enactment of this Act, as measured by the 1990 and 
     2000 decennial census and the most recent annual Small Area 
     Income and Poverty Estimates as estimated by the Bureau of 
     the Census; any census tract with a poverty rate of at least 
     20 percent as measured by the 2014-2018 5-year data series 
     available from the American Community Survey of the Bureau of 
     the Census; or any territory or possession of the United 
     States:  Provided further, That grants awarded under the 
     previous two provisos shall not be subject to a minimum grant 
     size:  Provided further, That the Secretary may use up to 20 
     percent of the amounts made available under this heading for 
     the purpose of paying the subsidy and administrative costs of 
     projects eligible for Federal credit assistance under chapter 
     6 of title 23, United States Code, or sections 501 through 
     504 of the Railroad Revitalization and Regulatory Reform Act 
     of 1976 (Public Law 94-210), if the Secretary finds that such 
     use of the funds would advance the purposes of this heading:  
     Provided further, That in distributing amounts made available 
     under this heading, the Secretary shall take such measures so 
     as to ensure an equitable geographic distribution of funds, 
     an appropriate balance in addressing the needs of urban and 
     rural areas, including tribal areas, and the investment in a 
     variety of transportation modes:  Provided further, That a 
     grant award under this heading shall be not less than 
     $5,000,000 and not greater than $25,000,000:  Provided 
     further, That not more than 10 percent of the amounts made 
     available under this heading may be awarded to projects in a 
     single State:  Provided further, That the Federal share of 
     the costs for which an amount is provided under this heading 
     shall be, at the option of the recipient, up to 80 percent:  
     Provided further, That the Secretary shall give priority to 
     projects that require a contribution of Federal funds in 
     order to complete an overall financing package:  Provided 
     further, That an award under this heading is an urban award 
     if it is to a project located within or on the boundary of an 
     Urbanized Area (UA), as designated by the Bureau of the 
     Census, that had a population greater than 200,000 in the 
     2010 decennial census:  Provided further, That for the 
     purpose of determining if an award for planning, preparation 
     or design is an urban award, the project location is the 
     location of the project being planned, prepared or designed:  
     Provided further, That each award under this heading that is 
     not an urban award is a rural award:  Provided further, That 
     of the amounts awarded under this heading, not more than 50 
     percent shall be awarded as urban awards and rural awards, 
     respectively:  Provided further, That for rural awards, the 
     minimum grant size shall be $1,000,000:  Provided further, 
     That for rural awards and areas of persistent poverty awards 
     the Secretary may increase the Federal share of costs above 
     80 percent:  Provided further, That projects conducted using 
     amounts made available under this heading shall comply with 
     the requirements of subchapter IV of chapter 31 of title 40, 
     United States Code:  Provided further, That the Secretary 
     shall conduct a new competition to select the grants and 
     credit assistance awarded under this heading:  Provided 
     further, That the Secretary may retain up to $20,000,000 of 
     the amounts made available under this heading, and may 
     transfer portions of such amounts to the Administrators of 
     the Federal Highway Administration, the Federal Transit 
     Administration, the Federal Railroad Administration and the 
     Maritime Administration to fund the award and oversight of 
     grants and credit assistance made under the National 
     Infrastructure Investments program:  Provided further, That 
     none of the amounts made available in the previous proviso 
     may be used to hire additional personnel:  Provided further, 
     That the Secretary shall consider and award projects based 
     solely on the selection criteria from the fiscal year 2017 
     Notice of Funding Opportunity:  Provided further, That, 
     notwithstanding the previous proviso, the Secretary shall not 
     use the Federal share or an applicant's ability to generate 
     non-Federal revenue as a selection criteria in awarding 
     projects:  Provided further, That the Secretary shall issue 
     the Notice of Funding Opportunity no later than 120 days 
     after enactment of this Act:  Provided further, That such 
     Notice of Funding Opportunity shall require application 
     submissions 90 days after the publishing of such Notice:  
     Provided further, That of the applications submitted under 
     the previous two provisos, the Secretary shall make grants no

[[Page H7496]]

     later than 330 days after enactment of this Act in such 
     amounts that the Secretary determines.

     national surface transportation and innovative finance bureau

       For necessary expenses of the National Surface 
     Transportation and Innovative Finance Bureau as authorized by 
     49 U.S.C. 116, $5,000,000, to remain available until 
     expended:  Provided, That the Secretary may collect and spend 
     fees, as authorized by title 23, United States Code, to cover 
     the costs of services of expert firms, including counsel, in 
     the field of municipal and project finance to assist in the 
     underwriting and servicing of Federal credit instruments and 
     all or a portion of the costs to the Federal Government of 
     servicing such credit instruments:  Provided further, That 
     such fees are available until expended to pay for such costs: 
      Provided further, That such amounts are in addition to other 
     amounts made available for such purposes and are not subject 
     to any obligation limitation or the limitation on 
     administrative expenses under section 608 of title 23, United 
     States Code.

       railroad rehabilitation and improvement financing program

       The Secretary is authorized to issue direct loans and loan 
     guarantees pursuant to sections 501 through 504 of the 
     Railroad Revitalization and Regulatory Reform Act of 1976 
     (Public Law 94-210), as amended, such authority shall exist 
     as long as any such direct loan or loan guarantee is 
     outstanding.

                      financial management capital

       For necessary expenses for upgrading and enhancing the 
     Department of Transportation's financial systems and re-
     engineering business processes, $2,000,000, to remain 
     available through September 30, 2022.

                       cyber security initiatives

       For necessary expenses for cyber security initiatives, 
     including necessary upgrades to network and information 
     technology infrastructure, improvement of identity management 
     and authentication capabilities, securing and protecting 
     data, implementation of Federal cyber security initiatives, 
     and implementation of enhanced security controls on agency 
     computers and mobile devices, $22,000,000, to remain 
     available until September 30, 2022.

                         office of civil rights

       For necessary expenses of the Office of Civil Rights, 
     $9,600,000.

           transportation planning, research, and development

                     (including transfer of funds)

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, $9,350,000, to remain 
     available until expended:  Provided, That of such amount, 
     $1,000,000 shall be for necessary expenses of the Interagency 
     Infrastructure Permitting Improvement Center (IIPIC):  
     Provided further, That there may be transferred to this 
     appropriation, to remain available until expended, amounts 
     transferred from other Federal agencies for expenses incurred 
     under this heading for IIPIC activities not related to 
     transportation infrastructure:  Provided further, That the 
     tools and analysis developed by the IIPIC shall be available 
     to other Federal agencies for the permitting and review of 
     major infrastructure projects not related to transportation 
     only to the extent that other Federal agencies provide 
     funding to the Department in accordance with the preceding 
     proviso.

                          working capital fund

                     (including transfer of funds)

       For necessary expenses for operating costs and capital 
     outlays of the Working Capital Fund, not to exceed 
     $319,793,000, shall be paid from appropriations made 
     available to the Department of Transportation:  Provided, 
     That such services shall be provided on a competitive basis 
     to entities within the Department of Transportation (DOT):  
     Provided further, That the limitation in the preceding 
     proviso on operating expenses shall not apply to non-DOT 
     entities:  Provided further, That no funds made available by 
     this Act to an agency of the Department shall be transferred 
     to the Working Capital Fund without majority approval of the 
     Working Capital Fund Steering Committee and approval of the 
     Secretary:  Provided further, That no assessments may be 
     levied against any program, budget activity, subactivity, or 
     project funded by this Act unless notice of such assessments 
     and the basis therefor are presented to the House and Senate 
     Committees on Appropriations and are approved by such 
     Committees.

       small and disadvantaged business utilization and outreach

       For necessary expenses for small and disadvantaged business 
     utilization and outreach activities, $4,714,000, to remain 
     available until September 30, 2022:  Provided, That 
     notwithstanding section 332 of title 49, United States Code, 
     such amounts may be used for business opportunities related 
     to any mode of transportation:  Provided further, That 
     appropriations made available under this heading shall be 
     available for any purpose consistent with prior year 
     appropriations that were made available under the heading 
     ``Office of the Secretary--Minority Business Resource Center 
     Program''.

                        payments to air carriers

                    (airport and airway trust fund)

       In addition to funds made available from any other source 
     to carry out the essential air service program under sections 
     41731 through 41742 of title 49, United States Code, 
     $141,724,000, to be derived from the Airport and Airway Trust 
     Fund, to remain available until expended:  Provided, That in 
     determining between or among carriers competing to provide 
     service to a community, the Secretary may consider the 
     relative subsidy requirements of the carriers:  Provided 
     further, That basic essential air service minimum 
     requirements shall not include the 15-passenger capacity 
     requirement under section 41732(b)(3) of title 49, United 
     States Code:  Provided further, That amounts authorized to be 
     distributed for the essential air service program under 
     section 41742(b) of title 49, United States Code, shall be 
     made available immediately from amounts otherwise provided to 
     the Administrator of the Federal Aviation Administration:  
     Provided further, That the Administrator may reimburse such 
     amounts from fees credited to the account established under 
     section 45303 of title 49, United States Code.

                  transportation demonstration program

       To expand intermodal and multimodal freight and cargo 
     transportation infrastructure, including airport development 
     under chapter 471 of title 49, United States Code, 
     $100,000,000, to remain available until expended:  Provided, 
     That the Secretary shall distribute funds provided under this 
     heading as discretionary grants to maritime port authorities 
     or former military airports classified as general aviation 
     airports in the National Plan on Integrated Airport System 
     report for fiscal years 2019 to 2023:  Provided further, That 
     eligible applicants that are maritime port authorities shall 
     use a terminal railway and be located not more than 10 miles 
     from a former military airport classified as a general 
     aviation airport in the National Plan on Integrated Airport 
     System report for fiscal years 2019 to 2023:  Provided 
     further, That eligible applicants that are former military 
     airports classified as general aviation airports in the 
     National Plan on Integrated Airport System report for fiscal 
     years 2019 to 2023 shall be located not more than 10 miles 
     from a maritime port authority that uses a terminal railway:  
     Provided further, That projects eligible under this heading 
     shall be located not more than 10 miles from at least two 
     highways on the Interstate System:  Provided further, That 
     the Secretary shall issue the Notice of Funding Opportunity 
     no later than 60 days after enactment of this Act.

  administrative provisions--office of the secretary of transportation

                        (including rescissions)

       Sec. 101.  None of the funds made available by this Act to 
     the Department of Transportation may be obligated for the 
     Office of the Secretary of Transportation to approve 
     assessments or reimbursable agreements pertaining to funds 
     appropriated to the operating administrations in this Act, 
     except for activities underway on the date of enactment of 
     this Act, unless such assessments or agreements have 
     completed the normal reprogramming process for congressional 
     notification.
       Sec. 102.  The Secretary shall post on the web site of the 
     Department of Transportation a schedule of all meetings of 
     the Council on Credit and Finance, including the agenda for 
     each meeting, and require the Council on Credit and Finance 
     to record the decisions and actions of each meeting.
       Sec. 103.  In addition to authority provided by section 327 
     of title 49, United States Code, the Department's Working 
     Capital Fund is authorized to provide partial or full 
     payments in advance and accept subsequent reimbursements from 
     all Federal agencies from available funds for transit benefit 
     distribution services that are necessary to carry out the 
     Federal transit pass transportation fringe benefit program 
     under Executive Order No. 13150 and section 3049 of SAFETEA-
     LU (5 U.S.C. 7905 note):  Provided, That the Department shall 
     maintain a reasonable operating reserve in the Working 
     Capital Fund, to be expended in advance to provide 
     uninterrupted transit benefits to Government employees:  
     Provided further, That such reserve shall not exceed 1 month 
     of benefits payable and may be used only for the purpose of 
     providing for the continuation of transit benefits:  Provided 
     further, That the Working Capital Fund shall be fully 
     reimbursed by each customer agency from available funds for 
     the actual cost of the transit benefit.
       Sec. 104.  Receipts collected in the Department's Working 
     Capital Fund, as authorized by section 327 of title 49, 
     United States Code, for unused van pool benefits, in an 
     amount not to exceed 10 percent of fiscal year 2021 
     collections, shall be available until expended in the 
     Department's Working Capital Fund to provide contractual 
     services in support of section 199A of this Act:  Provided, 
     That obligations in fiscal year 2021 of such collections 
     shall not exceed $1,000,000.
       Sec. 105.  The remaining unobligated balances, as of 
     September 30, 2021, from amounts made available for the 
     ``Department of Transportation--Office of the Secretary--
     National Infrastructure Investments'' in division G of the 
     Consolidated Appropriations Act, 2019 (Public Law 116-6) are 
     hereby permanently rescinded, and an amount of additional new 
     budget authority equivalent to the amount rescinded is hereby 
     appropriated on September 30, 2021, to remain available until 
     September 30, 2022, and shall be available, without 
     additional competition, for completing the funding of awards 
     made pursuant to the fiscal year 2019 national infrastructure 
     investments program.
       Sec. 106.  None of the funds in this Act may be obligated 
     or expended for retention or senior executive bonuses for an 
     employee of the Department of Transportation without the 
     prior written approval of the Assistant Secretary for 
     Administration.
       Sec. 107.  In addition to authority provided by section 327 
     of title 49, United States Code, the Department's 
     Administrative Working Capital Fund is hereby authorized to 
     transfer information technology equipment, software, and 
     systems from Departmental sources or other entities and 
     collect and maintain a reserve at rates which will return 
     full cost of transferred assets.

[[Page H7497]]

       Sec. 108.  None of the funds provided in this Act to the 
     Department of Transportation may be used to provide credit 
     assistance unless not less than 3 days before any application 
     approval to provide credit assistance under sections 603 and 
     604 of title 23, United States Code, the Secretary provides 
     notification in writing to the following committees: the 
     House and Senate Committees on Appropriations; the Committee 
     on Environment and Public Works and the Committee on Banking, 
     Housing and Urban Affairs of the Senate; and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives:  Provided, That such notification shall 
     include, but not be limited to, the name of the project 
     sponsor; a description of the project; whether credit 
     assistance will be provided as a direct loan, loan guarantee, 
     or line of credit; and the amount of credit assistance.

                    Federal Aviation Administration

                               operations

                    (airport and airway trust fund)

       For necessary expenses of the Federal Aviation 
     Administration, not otherwise provided for, including 
     operations and research activities related to commercial 
     space transportation, administrative expenses for research 
     and development, establishment of air navigation facilities, 
     the operation (including leasing) and maintenance of 
     aircraft, subsidizing the cost of aeronautical charts and 
     maps sold to the public, the lease or purchase of passenger 
     motor vehicles for replacement only, $11,001,500,000, to 
     remain available until September 30, 2022, of which 
     $10,519,000,000 shall be derived from the Airport and Airway 
     Trust Fund:  Provided, That of the sums appropriated under 
     this heading--
       (1) not less than $1,479,039,000 shall be available for 
     aviation safety activities;
       (2) $8,205,821,000 shall be available for air traffic 
     organization activities;
       (3) $27,555,000 shall be available for commercial space 
     transportation activities;
       (4) $836,141,000 shall be available for finance and 
     management activities;
       (5) $62,862,000 shall be available for NextGen and 
     operations planning activities;
       (6) $124,928,000 shall be available for security and 
     hazardous materials safety; and
       (7) $265,154,000 shall be available for staff offices:
       Provided further, That not to exceed 5 percent of any 
     budget activity, except for aviation safety budget activity, 
     may be transferred to any budget activity under this heading: 
      Provided further, That no transfer may increase or decrease 
     any appropriation under this heading by more than 5 percent:  
     Provided further, That any transfer in excess of 5 percent 
     shall be treated as a reprogramming of funds under section 
     405 of this Act and shall not be available for obligation or 
     expenditure except in compliance with the procedures set 
     forth in that section:  Provided further, That not later than 
     60 days after the submission of the budget request, the 
     Administrator of the Federal Aviation Administration shall 
     transmit to Congress an annual update to the report submitted 
     to Congress in December 2004 pursuant to section 221 of the 
     Vision 100-Century of Aviation Reauthorization Act (49 U.S.C. 
     40101 note):  Provided further, That the amounts made 
     available under this heading shall be reduced by $100,000 for 
     each day after 60 days after the submission of the budget 
     request that such report has not been transmitted to 
     Congress:  Provided further, That not later than 60 days 
     after the submission of the budget request, the Administrator 
     shall transmit to Congress a companion report that describes 
     a comprehensive strategy for staffing, hiring, and training 
     flight standards and aircraft certification staff in a format 
     similar to the one utilized for the controller staffing plan, 
     including stated attrition estimates and numerical hiring 
     goals by fiscal year:  Provided further, That the amounts 
     made available under this heading shall be reduced by 
     $100,000 for each day after the date that is 60 days after 
     the submission of the budget request that such report has not 
     been submitted to Congress:  Provided further, That funds may 
     be used to enter into a grant agreement with a nonprofit 
     standard-setting organization to assist in the development of 
     aviation safety standards:  Provided further, That none of 
     the funds made available by this Act shall be available for 
     new applicants for the second career training program:  
     Provided further, That none of the funds in this Act shall be 
     available for the Federal Aviation Administration to finalize 
     or implement any regulation that would promulgate new 
     aviation user fees not specifically authorized by law after 
     the date of the enactment of this Act:  Provided further, 
     That there may be credited to this appropriation, as 
     offsetting collections, funds received from States, counties, 
     municipalities, foreign authorities, other public 
     authorities, and private sources for expenses incurred in the 
     provision of agency services, including receipts for the 
     maintenance and operation of air navigation facilities, and 
     for issuance, renewal or modification of certificates, 
     including airman, aircraft, and repair station certificates, 
     or for tests related thereto, or for processing major repair 
     or alteration forms:  Provided further, That of the amounts 
     made available under this heading, not less than $172,800,000 
     shall be used to fund direct operations of the current air 
     traffic control towers in the contract tower program, 
     including the contract tower cost share program, and any 
     airport that is currently qualified or that will qualify for 
     the program during the fiscal year:  Provided further, That 
     none of the funds made available by this Act for aeronautical 
     charting and cartography are available for activities 
     conducted by, or coordinated through, the Working Capital 
     Fund:  Provided further, That none of the funds appropriated 
     or otherwise made available by this Act or any other Act may 
     be used to eliminate the Contract Weather Observers program 
     at any airport.

                        facilities and equipment

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     acquisition, establishment, technical support services, 
     improvement by contract or purchase, and hire of national 
     airspace systems and experimental facilities and equipment, 
     as authorized under part A of subtitle VII of title 49, 
     United States Code, including initial acquisition of 
     necessary sites by lease or grant; engineering and service 
     testing, including construction of test facilities and 
     acquisition of necessary sites by lease or grant; 
     construction and furnishing of quarters and related 
     accommodations for officers and employees of the Federal 
     Aviation Administration stationed at remote localities where 
     such accommodations are not available; and the purchase, 
     lease, or transfer of aircraft from funds available under 
     this heading, including aircraft for aviation regulation and 
     certification; to be derived from the Airport and Airway 
     Trust Fund, $3,015,000,000, of which $545,000,000 shall 
     remain available until September 30, 2022, $2,330,400,000 
     shall remain available until September 30, 2023, and 
     $139,600,000 shall remain available until expended:  
     Provided, That there may be credited to this appropriation 
     funds received from States, counties, municipalities, other 
     public authorities, and private sources, for expenses 
     incurred in the establishment, improvement, and modernization 
     of national airspace systems:  Provided further, That not 
     later than 60 days after submission of the budget request, 
     the Secretary shall transmit to the Congress an investment 
     plan for the Federal Aviation Administration which includes 
     funding for each budget line item for fiscal years 2022 
     through 2026, with total funding for each year of the plan 
     constrained to the funding targets for those years as 
     estimated and approved by the Office of Management and 
     Budget.

                 research, engineering, and development

                    (airport and airway trust fund)

       For necessary expenses, not otherwise provided for, for 
     research, engineering, and development, as authorized under 
     part A of subtitle VII of title 49, United States Code, 
     including construction of experimental facilities and 
     acquisition of necessary sites by lease or grant, 
     $198,000,000, to be derived from the Airport and Airway Trust 
     Fund and to remain available until September 30, 2023:  
     Provided, That there may be credited to this appropriation as 
     offsetting collections, funds received from States, counties, 
     municipalities, other public authorities, and private 
     sources, which shall be available for expenses incurred for 
     research, engineering, and development:  Provided further, 
     That funds made available under this heading shall be used in 
     accordance with the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act):  Provided further, That not to exceed 10 
     percent of any funding level specified under this heading in 
     the explanatory statement described in section 4 (in the 
     matter preceding division A of this consolidated Act) may be 
     transferred to any other funding level specified under this 
     heading in the explanatory statement described in section 4 
     (in the matter preceding division A of this consolidated 
     Act):  Provided further, That no transfer may increase or 
     decrease any funding level by more than 10 percent:  Provided 
     further, That any transfer in excess of 10 percent shall be 
     treated as a reprogramming of funds under section 405 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.

                       grants-in-aid for airports

                (liquidation of contract authorization)

                      (limitation on obligations)

                    (airport and airway trust fund)

                     (including transfer of funds)

       For liquidation of obligations incurred for grants-in-aid 
     for airport planning and development, and noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations; for procurement, installation, and commissioning 
     of runway incursion prevention devices and systems at 
     airports of such title; for grants authorized under section 
     41743 of title 49, United States Code; and for inspection 
     activities and administration of airport safety programs, 
     including those related to airport operating certificates 
     under section 44706 of title 49, United States Code, 
     $3,350,000,000, to be derived from the Airport and Airway 
     Trust Fund and to remain available until expended:  Provided, 
     That none of the amounts made available under this heading 
     shall be available for the planning or execution of programs 
     the obligations for which are in excess of $3,350,000,000, in 
     fiscal year 2021, notwithstanding section 47117(g) of title 
     49, United States Code:  Provided further, That none of the 
     amounts made available under this heading shall be available 
     for the replacement of baggage conveyor systems, 
     reconfiguration of terminal baggage areas, or other airport 
     improvements that are necessary to install bulk explosive 
     detection systems:  Provided further, That notwithstanding 
     section 47109(a) of title 49, United States Code, the 
     Government's share of allowable project costs under paragraph 
     (2) of such section for subgrants or paragraph (3) of such 
     section shall be 95 percent for a project at other than a 
     large or medium hub airport that is a successive phase of a 
     multi-phased construction project for which the project 
     sponsor received a grant in fiscal year 2011 for the 
     construction project:  Provided further, That notwithstanding 
     any other provision of law, of amounts limited under this 
     heading, not more

[[Page H7498]]

     than $119,402,000 shall be available for administration, not 
     less than $15,000,000 shall be available for the Airport 
     Cooperative Research Program, not less than $40,666,000 shall 
     be available for Airport Technology Research, and 
     $10,000,000, to remain available until expended, shall be 
     available and transferred to ``Office of the Secretary, 
     Salaries and Expenses'' to carry out the Small Community Air 
     Service Development Program:  Provided further, That in 
     addition to airports eligible under section 41743 of title 
     49, United States Code, such program may include the 
     participation of an airport that serves a community or 
     consortium that is not larger than a small hub airport, 
     according to FAA hub classifications effective at the time 
     the Office of the Secretary issues a request for proposals.

                       grants-in-aid for airports

       For an additional amount for ``Grants-In-Aid for 
     Airports'', to enable the Secretary to make grants for 
     projects as authorized by subchapter 1 of chapter 471 and 
     subchapter 1 of chapter 475 of title 49, United States Code, 
     $400,000,000, to remain available through September 30, 2023: 
      Provided, That amounts made available under this heading 
     shall be derived from the general fund, and such funds shall 
     not be subject to apportionment formulas, special 
     apportionment categories, or minimum percentages under 
     chapter 471:  Provided further, That the Secretary shall 
     distribute funds provided under this heading as discretionary 
     grants to airports:  Provided further, That the amount made 
     available under this heading shall not be subject to any 
     limitation on obligations for the Grants-in-Aid for Airports 
     program set forth in any Act:  Provided further, That the 
     Administrator of the Federal Aviation Administration may 
     retain up to 0.5 percent of the funds provided under this 
     heading to fund the award and oversight by the Administrator 
     of grants made under this heading.

       administrative provisions--federal aviation administration

       Sec. 110.  None of the funds made available by this Act may 
     be used to compensate in excess of 600 technical staff-years 
     under the federally funded research and development center 
     contract between the Federal Aviation Administration and the 
     Center for Advanced Aviation Systems Development during 
     fiscal year 2021.
       Sec. 111.  None of the funds made available by this Act 
     shall be used to pursue or adopt guidelines or regulations 
     requiring airport sponsors to provide to the Federal Aviation 
     Administration without cost building construction, 
     maintenance, utilities and expenses, or space in airport 
     sponsor-owned buildings for services relating to air traffic 
     control, air navigation, or weather reporting:  Provided, 
     That the prohibition on the use of funds in this section does 
     not apply to negotiations between the agency and airport 
     sponsors to achieve agreement on ``below-market'' rates for 
     these items or to grant assurances that require airport 
     sponsors to provide land without cost to the Federal Aviation 
     Administration for air traffic control facilities.
       Sec. 112.  The Administrator of the Federal Aviation 
     Administration may reimburse amounts made available to 
     satisfy section 41742(a)(1) of title 49, United States Code, 
     from fees credited under section 45303 of title 49, United 
     States Code, and any amount remaining in such account at the 
     close of any fiscal year may be made available to satisfy 
     section 41742(a)(1) of title 49, United States Code, for the 
     subsequent fiscal year.
       Sec. 113.  Amounts collected under section 40113(e) of 
     title 49, United States Code, shall be credited to the 
     appropriation current at the time of collection, to be merged 
     with and available for the same purposes as such 
     appropriation.
       Sec. 114.  None of the funds made available by this Act 
     shall be available for paying premium pay under subsection 
     5546(a) of title 5, United States Code, to any Federal 
     Aviation Administration employee unless such employee 
     actually performed work during the time corresponding to such 
     premium pay.
       Sec. 115.  None of the funds made available by this Act may 
     be obligated or expended for an employee of the Federal 
     Aviation Administration to purchase a store gift card or gift 
     certificate through use of a Government-issued credit card.
       Sec. 116.  Notwithstanding any other provision of law, none 
     of the funds made available under this Act or any prior Act 
     may be used to implement or to continue to implement any 
     limitation on the ability of any owner or operator of a 
     private aircraft to obtain, upon a request to the 
     Administrator of the Federal Aviation Administration, a 
     blocking of that owner's or operator's aircraft registration 
     number, Mode S transponder code, flight identification, call 
     sign, or similar identifying information from any ground 
     based display to the public that would allow the real-time or 
     near real-time flight tracking of that aircraft's movements, 
     except data made available to a Government agency, for the 
     noncommercial flights of that owner or operator.
       Sec. 117.  None of the funds made available by this Act 
     shall be available for salaries and expenses of more than 
     nine political and Presidential appointees in the Federal 
     Aviation Administration.
       Sec. 118.  None of the funds made available by this Act may 
     be used to increase fees pursuant to section 44721 of title 
     49, United States Code, until the Federal Aviation 
     Administration provides to the House and Senate Committees on 
     Appropriations a report that justifies all fees related to 
     aeronautical navigation products and explains how such fees 
     are consistent with Executive Order No. 13642.
       Sec. 119.  None of the funds made available by this Act may 
     be used to close a regional operations center of the Federal 
     Aviation Administration or reduce its services unless the 
     Administrator notifies the House and Senate Committees on 
     Appropriations not less than 90 full business days in 
     advance.
       Sec. 119A.  None of the funds made available by or limited 
     by this Act may be used to change weight restrictions or 
     prior permission rules at Teterboro airport in Teterboro, New 
     Jersey.
       Sec. 119B.  None of the funds made available by this Act 
     may be used by the Administrator of the Federal Aviation 
     Administration to withhold from consideration and approval 
     any new application for participation in the Contract Tower 
     Program, or for reevaluation of Cost-share Program 
     participants so long as the Federal Aviation Administration 
     has received an application from the airport, and so long as 
     the Administrator determines such tower is eligible using the 
     factors set forth in Federal Aviation Administration 
     published establishment criteria.
       Sec. 119C.  None of the funds made available by this Act 
     may be used to open, close, redesignate as a lesser office, 
     or reorganize a regional office, the aeronautical center, or 
     the technical center unless the Administrator submits a 
     request for the reprogramming of funds under section 405 of 
     this Act.

                     Federal Highway Administration

                 limitation on administrative expenses

                          (highway trust fund)

                     (including transfer of funds)

       Not to exceed $475,649,049 together with advances and 
     reimbursements received by the Federal Highway 
     Administration, shall be obligated for necessary expenses for 
     administration and operation of the Federal Highway 
     Administration:  Provided, That in addition, $3,248,000 shall 
     be transferred to the Appalachian Regional Commission in 
     accordance with section 104(a) of title 23, United States 
     Code.

                          federal-aid highways

                      (limitation on obligations)

                          (highway trust fund)

       Funds available for the implementation or execution of 
     Federal-aid highway and highway safety construction programs 
     authorized under titles 23 and 49, United States Code, and 
     the provisions of the Fixing America's Surface Transportation 
     (FAST) Act (Public Law 114-94) shall not exceed total 
     obligations of $46,365,092,000 for fiscal year 2021.

                (liquidation of contract authorization)

                          (highway trust fund)

       For the payment of obligations incurred in carrying out 
     Federal-aid highway and highway safety construction programs 
     authorized under title 23, United States Code, 
     $47,104,092,000 derived from the Highway Trust Fund (other 
     than the Mass Transit Account), to remain available until 
     expended.

                    highway infrastructure programs

       There is hereby appropriated to the Secretary 
     $2,000,000,000:  Provided, That the funds made available 
     under this heading shall be derived from the general fund, 
     shall be in addition to any funds provided for fiscal year 
     2021 in this or any other Act for: (1) ``Federal-aid 
     Highways'' under chapter 1 of title 23, United States Code; 
     or (2) the Appalachian Development Highway System as 
     authorized under section 1069(y) of Public Law 102-240, and 
     shall not affect the distribution or amount of funds provided 
     in any other Act:  Provided further, That section 1101(b) of 
     Public Law 114-94 shall apply to funds made available under 
     this heading:  Provided further, That unless otherwise 
     specified, amounts made available under this heading shall be 
     available until September 30, 2024:  Provided further, That 
     of the funds made available under this heading--
       (1) $640,650,000 shall be for activities eligible under 
     section 133(b) of title 23, United States Code, and to 
     provide necessary charging infrastructure along corridor-
     ready or corridor-pending alternative fuel corridors 
     designated pursuant to section 151 of title 23, United States 
     Code;
       (2) $2,700,000 shall be for activities eligible under the 
     Puerto Rico Highway Program as described in section 
     165(b)(2)(C) of title 23, United States Code;
       (3) $650,000 shall be for activities eligible under the 
     Territorial Highway Program, as described in section 
     165(c)(6) of title 23, United States Code;
       (4) $100,000,000 shall be for the nationally significant 
     Federal lands and tribal projects program under section 1123 
     of the FAST Act;
       (5) $1,080,000,000 shall be for a bridge replacement and 
     rehabilitation program;
       (6) $100,000,000 shall be for necessary expenses for 
     construction of the Appalachian Development Highway System as 
     authorized under section 1069(y) of Public Law 102-240;
       (7) $16,000,000 shall be for the national scenic byways 
     program under section 162 of title 23, United States Code;
       (8) $50,000,000 shall be for competitive grants for 
     activities described in section 130(a) of title 23, United 
     States Code;
       (9) $5,000,000 shall be for the Regional Infrastructure 
     Accelerator Demonstration Program authorized under section 
     1441 of the FAST Act; and
       (10) $5,000,000 shall be for a National Road Network Pilot 
     Program for the Federal Highway Administration to create a 
     national level, geo-spatial dataset that uses data already 
     collected under the Highway Performance Monitoring System:
       Provided further, That for the purposes of funds made 
     available under this heading, in paragraph (1) of the fourth 
     proviso, the term ``State'' means any of the 50 States or the 
     District of Columbia:  Provided further, That the funds made 
     available under this heading, in paragraph (1) of the fourth 
     proviso, shall be suballocated in the manner described in 
     section 133(d) of title 23, United States Code, except that 
     the set-aside described in section 133(h) of such title shall 
     not apply to funds made available under this heading, in 
     paragraph (1) of the fourth proviso:  Provided further, That 
     the funds made available

[[Page H7499]]

     under this heading, in paragraphs (1), (5), (7), and (8) of 
     the fourth proviso, shall be administered as if apportioned 
     under chapter 1 of such title:  Provided further, That, the 
     funds made available under this heading, in paragraph (1) of 
     the fourth proviso, shall be apportioned to the States in the 
     same ratio as the obligation limitation for fiscal year 2021 
     is distributed among the States in section 120(a)(5) of this 
     Act:  Provided further, That, except as provided in the 
     following proviso, the funds made available under this 
     heading for activities eligible under the Puerto Rico Highway 
     Program and activities eligible under the Territorial Highway 
     Program shall be administered as if allocated under sections 
     165(b) and 165(c), respectively, of title 23, United States 
     Code:  Provided further, That the funds made available under 
     this heading for activities eligible under the Puerto Rico 
     Highway Program shall not be subject to the requirements of 
     sections 165(b)(2)(A) or 165(b)(2)(B) of such title:  
     Provided further, That not less than 25 percent of the funds 
     made available under this heading for the nationally 
     significant Federal lands and tribal projects program under 
     section 1123 of the FAST Act shall be for competitive grants 
     to tribal governments:  Provided further, That for the 
     purposes of funds made available under this heading for a 
     bridge replacement and rehabilitation program, (1) the term 
     ``State'' means any of the 50 States or the District of 
     Columbia, and (2) the term ``qualifying State'' means any 
     State in which the percentage of total deck area of bridges 
     classified as in poor condition in such State is at least 5 
     percent or in which the percentage of total bridges 
     classified as in poor condition in such State is at least 5 
     percent:  Provided further, That, of the funds made available 
     under this heading for a bridge replacement and 
     rehabilitation program, the Secretary shall reserve 
     $6,000,000 for each State that does not meet the definition 
     of a qualifying State:  Provided further, That, after making 
     the reservations under the preceding proviso, the Secretary 
     shall distribute the remaining funds made available under 
     this heading for a bridge replacement and rehabilitation 
     program to each qualifying State by the proportion that the 
     percentage of total deck area of bridges classified as in 
     poor condition in such qualifying State bears to the sum of 
     the percentages of total deck area of bridges classified as 
     in poor condition in all qualifying States:  Provided 
     further, That for the bridge replacement and rehabilitation 
     program:
       (1) no qualifying State shall receive more than 
     $60,000,000;
       (2) each State shall receive an amount not less than 
     $6,000,000; and
       (3) after calculating the distribution of funds pursuant to 
     the preceding proviso, any amount in excess of $60,000,000 
     shall be redistributed equally among each State that does not 
     meet the definition of a qualifying State:
       Provided further, That funds provided to States that do not 
     meet the definition of a qualifying State for the bridge 
     replacement and rehabilitation program shall be: (1) merged 
     with amounts made available to such State under this heading, 
     in paragraph (1) of the fourth proviso; (2) available for 
     activities eligible under paragraph (1) of the fourth 
     proviso; and (3) administered as if apportioned under chapter 
     1 of title 23, United States Code:  Provided further, That, 
     except as provided in the preceding proviso, the funds made 
     available under this heading for a bridge replacement and 
     rehabilitation program shall be used for highway bridge 
     replacement or rehabilitation projects on public roads:  
     Provided further, That for purposes of this heading for the 
     bridge replacement and rehabilitation program, the Secretary 
     shall calculate the percentages of total deck area of bridges 
     (including the percentages of total deck area classified as 
     in poor condition) and the percentages of total bridge counts 
     (including the percentages of total bridges classified as in 
     poor condition) based on the National Bridge Inventory as of 
     December 31, 2018:  Provided further, That for the purposes 
     of funds made available under this heading for construction 
     of the Appalachian Development Highway System, the term 
     ``Appalachian State'' means a State that contains 1 or more 
     counties (including any political subdivision located within 
     the area) in the Appalachian region as defined in section 
     14102(a) of title 40, United States Code:  Provided further, 
     That funds made available under this heading for construction 
     of the Appalachian Development Highway System shall remain 
     available until expended:  Provided further, That a project 
     carried out with funds made available under this heading for 
     construction of the Appalachian Development Highway System 
     shall be carried out in the same manner as a project under 
     section 14501 of title 40, United States Code:  Provided 
     further, That subject to the following proviso, funds made 
     available under this heading for construction of the 
     Appalachian Development Highway System shall be apportioned 
     to Appalachian States according to the percentages derived 
     from the 2012 Appalachian Development Highway System Cost-to-
     Complete Estimate, adopted in Appalachian Regional Commission 
     Resolution Number 736, and confirmed as each Appalachian 
     State's relative share of the estimated remaining need to 
     complete the Appalachian Development Highway System, adjusted 
     to exclude those corridors that such States have no current 
     plans to complete, as reported in the 2013 Appalachian 
     Development Highway System Completion Report, unless those 
     States have modified and assigned a higher priority for 
     completion of an Appalachian Development Highway System 
     corridor, as reported in the 2020 Appalachian Development 
     Highway System Future Outlook:  Provided further, That the 
     Secretary shall adjust apportionments made under the 
     preceding proviso so that no Appalachian State shall be 
     apportioned an amount in excess of 30 percent of the amount 
     made available for construction of the Appalachian 
     Development Highway System under this heading:  Provided 
     further, That the Secretary shall consult with the 
     Appalachian Regional Commission in making adjustments under 
     the preceding two provisos:  Provided further, That the 
     Federal share of the costs for which an expenditure is made 
     for construction of the Appalachian Development Highway 
     System under this heading shall be up to 100 percent:  
     Provided further, That the funds made available under this 
     heading, in paragraph (8) of the fourth proviso, shall be 
     available for projects eligible under section 130(a) of title 
     23, United States Code, for commuter authorities, as defined 
     in section 24102(2) of title 49, United States Code, that 
     experienced at least one accident investigated by the 
     National Transportation Safety Board between January 1, 2008 
     and December 31, 2018, and for which the National 
     Transportation Safety Board issued an accident report:  
     Provided further, That for amounts made available under this 
     heading, in paragraphs (8), (9), and (10) of the fourth 
     proviso, the Federal share of the costs shall be, at the 
     option of the recipient, up to 100 percent.

       administrative provisions--federal highway administration

       Sec. 120. (a) For fiscal year 2021, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid highways--
       (A) amounts authorized for administrative expenses and 
     programs by section 104(a) of title 23, United States Code; 
     and
       (B) amounts authorized for the Bureau of Transportation 
     Statistics;
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid highways that is equal to the unobligated 
     balance of amounts--
       (A) made available from the Highway Trust Fund (other than 
     the Mass Transit Account) for Federal-aid highway and highway 
     safety construction programs for previous fiscal years the 
     funds for which are allocated by the Secretary (or 
     apportioned by the Secretary under sections 202 or 204 of 
     title 23, United States Code); and
       (B) for which obligation limitation was provided in a 
     previous fiscal year;
       (3) determine the proportion that--
       (A) the obligation limitation for Federal-aid highways, 
     less the aggregate of amounts not distributed under 
     paragraphs (1) and (2) of this subsection; bears to
       (B) the total of the sums authorized to be appropriated for 
     the Federal-aid highway and highway safety construction 
     programs (other than sums authorized to be appropriated for 
     provisions of law described in paragraphs (1) through (11) of 
     subsection (b) and sums authorized to be appropriated for 
     section 119 of title 23, United States Code, equal to the 
     amount referred to in subsection (b)(12) for such fiscal 
     year), less the aggregate of the amounts not distributed 
     under paragraphs (1) and (2) of this subsection;
       (4) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2), for each of the programs (other than 
     programs to which paragraph (1) applies) that are allocated 
     by the Secretary under the Fixing America's Surface 
     Transportation Act and title 23, United States Code, or 
     apportioned by the Secretary under sections 202 or 204 of 
     that title, by multiplying--
       (A) the proportion determined under paragraph (3); by
       (B) the amounts authorized to be appropriated for each such 
     program for such fiscal year; and
       (5) distribute the obligation limitation for Federal-aid 
     highways, less the aggregate amounts not distributed under 
     paragraphs (1) and (2) and the amounts distributed under 
     paragraph (4), for Federal-aid highway and highway safety 
     construction programs that are apportioned by the Secretary 
     under title 23, United States Code (other than the amounts 
     apportioned for the National Highway Performance Program in 
     section 119 of title 23, United States Code, that are exempt 
     from the limitation under subsection (b)(12) and the amounts 
     apportioned under sections 202 and 204 of that title) in the 
     proportion that--
       (A) amounts authorized to be appropriated for the programs 
     that are apportioned under title 23, United States Code, to 
     each State for such fiscal year; bears to
       (B) the total of the amounts authorized to be appropriated 
     for the programs that are apportioned under title 23, United 
     States Code, to all States for such fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid highways shall not apply to 
     obligations under or for--
       (1) section 125 of title 23, United States Code;
       (2) section 147 of the Surface Transportation Assistance 
     Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
       (3) section 9 of the Federal-Aid Highway Act of 1981 (95 
     Stat. 1701);
       (4) subsections (b) and (j) of section 131 of the Surface 
     Transportation Assistance Act of 1982 (96 Stat. 2119);
       (5) subsections (b) and (c) of section 149 of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987 
     (101 Stat. 198);
       (6) sections 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2027);
       (7) section 157 of title 23, United States Code (as in 
     effect on June 8, 1998);
       (8) section 105 of title 23, United States Code (as in 
     effect for fiscal years 1998 through 2004, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (9) Federal-aid highway programs for which obligation 
     authority was made available under the Transportation Equity 
     Act for the 21st Century (112 Stat. 107) or subsequent Acts 
     for multiple years or to remain available until expended, but 
     only to the extent that the obligation authority has not 
     lapsed or been used;

[[Page H7500]]

       (10) section 105 of title 23, United States Code (as in 
     effect for fiscal years 2005 through 2012, but only in an 
     amount equal to $639,000,000 for each of those fiscal years);
       (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 
     Stat. 1248), to the extent that funds obligated in accordance 
     with that section were not subject to a limitation on 
     obligations at the time at which the funds were initially 
     made available for obligation; and
       (12) section 119 of title 23, United States Code (but, for 
     each of fiscal years 2013 through 2021, only in an amount 
     equal to $639,000,000).
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall, after 
     August 1 of such fiscal year--
       (1) revise a distribution of the obligation limitation made 
     available under subsection (a) if an amount distributed 
     cannot be obligated during that fiscal year; and
       (2) redistribute sufficient amounts to those States able to 
     obligate amounts in addition to those previously distributed 
     during that fiscal year, giving priority to those States 
     having large unobligated balances of funds apportioned under 
     sections 144 (as in effect on the day before the date of 
     enactment of Public Law 112-141) and 104 of title 23, United 
     States Code.
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--
       (1) In general.--Except as provided in paragraph (2), the 
     obligation limitation for Federal-aid highways shall apply to 
     contract authority for transportation research programs 
     carried out under--
       (A) chapter 5 of title 23, United States Code; and
       (B) title VI of the Fixing America's Surface Transportation 
     Act.
       (2) Exception.--Obligation authority made available under 
     paragraph (1) shall--
       (A) remain available for a period of 4 fiscal years; and
       (B) be in addition to the amount of any limitation imposed 
     on obligations for Federal-aid highway and highway safety 
     construction programs for future fiscal years.
       (e) Redistribution of certain authorized funds.--
       (1) In general.--Not later than 30 days after the date of 
     distribution of obligation limitation under subsection (a), 
     the Secretary shall distribute to the States any funds 
     (excluding funds authorized for the program under section 202 
     of title 23, United States Code) that--
       (A) are authorized to be appropriated for such fiscal year 
     for Federal-aid highway programs; and
       (B) the Secretary determines will not be allocated to the 
     States (or will not be apportioned to the States under 
     section 204 of title 23, United States Code), and will not be 
     available for obligation, for such fiscal year because of the 
     imposition of any obligation limitation for such fiscal year.
       (2) Ratio.--Funds shall be distributed under paragraph (1) 
     in the same proportion as the distribution of obligation 
     authority under subsection (a)(5).
       (3) Availability.--Funds distributed to each State under 
     paragraph (1) shall be available for any purpose described in 
     section 133(b) of title 23, United States Code.
       Sec. 121.  Notwithstanding 31 U.S.C. 3302, funds received 
     by the Bureau of Transportation Statistics from the sale of 
     data products, for necessary expenses incurred pursuant to 
     chapter 63 of title 49, United States Code, may be credited 
     to the Federal-aid highways account for the purpose of 
     reimbursing the Bureau for such expenses:  Provided, That 
     such funds shall be subject to the obligation limitation for 
     Federal-aid highway and highway safety construction programs.
       Sec. 122.  Not less than 15 days prior to waiving, under 
     his or her statutory authority, any Buy America requirement 
     for Federal-aid highways projects, the Secretary of 
     Transportation shall make an informal public notice and 
     comment opportunity on the intent to issue such waiver and 
     the reasons therefor:  Provided, That the Secretary shall 
     provide an annual report to the House and Senate Committees 
     on Appropriations on any waivers granted under the Buy 
     America requirements.
       Sec. 123.  None of the funds made available in this Act may 
     be used to make a grant for a project under section 117 of 
     title 23, United States Code, unless the Secretary, at least 
     60 days before making a grant under that section, provides 
     written notification to the House and Senate Committees on 
     Appropriations of the proposed grant, including an evaluation 
     and justification for the project and the amount of the 
     proposed grant award:  Provided, That the written 
     notification required in the preceding proviso shall be made 
     not later than 180 days after the date of enactment of this 
     Act.
       Sec. 124. (a) A State or territory, as defined in section 
     165 of title 23, United States Code, may use for any project 
     eligible under section 133(b) of title 23 or section 165 of 
     title 23 and located within the boundary of the State or 
     territory any earmarked amount, and any associated obligation 
     limitation:  Provided, That the Department of Transportation 
     for the State or territory for which the earmarked amount was 
     originally designated or directed notifies the Secretary of 
     its intent to use its authority under this section and 
     submits an annual report to the Secretary identifying the 
     projects to which the funding would be applied. 
     Notwithstanding the original period of availability of funds 
     to be obligated under this section, such funds and associated 
     obligation limitation shall remain available for obligation 
     for a period of 3 fiscal years after the fiscal year in which 
     the Secretary is notified. The Federal share of the cost of a 
     project carried out with funds made available under this 
     section shall be the same as associated with the earmark.
       (b) In this section, the term ``earmarked amount'' means--
       (1) congressionally directed spending, as defined in rule 
     XLIV of the Standing Rules of the Senate, identified in a 
     prior law, report, or joint explanatory statement, and 
     administered by the Federal Highway Administration; or
       (2) a congressional earmark, as defined in rule XXI of the 
     Rules of the House of Representatives, identified in a prior 
     law, report, or joint explanatory statement, and administered 
     by the Federal Highway Administration.
       (c) The authority under subsection (a) may be exercised 
     only for those projects or activities that have obligated 
     less than 10 percent of the amount made available for 
     obligation as of October 1 of the current fiscal year, and 
     shall be applied to projects within the same general 
     geographic area within 25 miles for which the funding was 
     designated, except that a State or territory may apply such 
     authority to unexpended balances of funds from projects or 
     activities the State or territory certifies have been closed 
     and for which payments have been made under a final voucher.
       (d) The Secretary shall submit consolidated reports of the 
     information provided by the States and territories annually 
     to the House and Senate Committees on Appropriations.
       Sec. 125.  Until final guidance is published, the 
     Administrator of the Federal Highway Administration shall 
     adjudicate requests for Buy America waivers under the 
     criteria that were in effect prior to April 17, 2018.

              Federal Motor Carrier Safety Administration

              motor carrier safety operations and programs

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                     (including transfers of funds)

       For payment of obligations incurred in the implementation, 
     execution and administration of motor carrier safety 
     operations and programs pursuant to section 31110 of title 
     49, United States Code, as amended by the Fixing America's 
     Surface Transportation Act (Public Law 114-94), $328,143,124, 
     to be derived from the Highway Trust Fund (other than the 
     Mass Transit Account), of which $9,896,127 is to be 
     transferred and made available from prior year unobligated 
     contract authority provided for National Motor Carrier Safety 
     Program or Motor Carrier Safety in the Transportation Equity 
     Act for the 21st Century (Public Law 105-178), SAFETEA-LU 
     (Public Law 109-59), or other appropriations or authorization 
     Acts, together with advances and reimbursements received by 
     the Federal Motor Carrier Safety Administration, the sum of 
     which shall remain available until expended:  Provided, That 
     funds available for implementation, execution, or 
     administration of motor carrier safety operations and 
     programs authorized under title 49, United States Code, shall 
     not exceed total obligations of $328,143,124, for ``Motor 
     Carrier Safety Operations and Programs'' for fiscal year 
     2021, of which $9,073,000, to remain available for obligation 
     until September 30, 2023, is for the research and technology 
     program, and of which not less than $75,447,124, to remain 
     available for obligation until September 30, 2023, is for 
     development, modernization, enhancement, continued operation, 
     and maintenance of information technology and information 
     management.

                      motor carrier safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

                     (including transfers of funds)

       For payment of obligations incurred in carrying out 
     sections 31102, 31103, 31104, and 31313 of title 49, United 
     States Code, as amended by the Fixing America's Surface 
     Transportation Act (Public Law 114-94), $389,800,000, to be 
     derived from the Highway Trust Fund (other than the Mass 
     Transit Account) and to remain available until expended:  
     Provided, That funds available for the implementation or 
     execution of motor carrier safety programs shall not exceed 
     total obligations of $389,800,000 in fiscal year 2021 for 
     ``Motor Carrier Safety Grants'':  Provided further, That of 
     the sums appropriated under this heading:
       (1) $308,700,000 shall be available for the motor carrier 
     safety assistance program;
       (2) $33,200,000 shall be available for the commercial 
     driver's license program implementation program;
       (3) $45,900,000 shall be available for the high priority 
     activities program, of which $1,000,000 is to be made 
     available from prior year unobligated contract authority 
     provided for Motor Carrier Safety Grants in the 
     Transportation Equity Act for the 21st Century (Public Law 
     105-178), SAFETEA-LU (Public Law 109-59), or other 
     appropriations or authorization Acts; and
       (4) $2,000,000 shall be made available for commercial motor 
     vehicle operators grants, of which $1,000,000 is to be made 
     available from prior year unobligated contract authority 
     provided for Motor Carrier Safety Grants in the 
     Transportation Equity Act for the 21st Century (Public Law 
     105-178), SAFETEA-LU (Public Law 109-59), or other 
     appropriations or authorization Acts:
       Provided further, That of the unobligated amounts provided 
     for Motor Carrier Safety

[[Page H7501]]

     Grants in the Transportation Equity Act for the 21st Century 
     (Public Law 105-178), SAFETEA-LU (Public Law 109-59), the 
     FAST Act (Public Law 114-94) or other appropriation or 
     authorization acts prior to fiscal year 2021, $30,000,000 in 
     additional obligation limitation, shall be transferred and 
     made available for a study of the cause of large truck 
     crashes and shall remain available until expended:  Provided 
     further, That the activities funded by the previous proviso 
     may be accomplished through direct expenditure, direct 
     research activities, grants, cooperative agreements, 
     contracts, intra or interagency agreements, or other 
     agreements with public organizations:  Provided further, That 
     such amounts, payments, and obligation limitation as may be 
     necessary to carry out the study of the cause of large truck 
     crashes may be transferred and credited to appropriate 
     accounts of other participating Federal agencies:  Provided 
     further, That $30,000,000 for payment of obligations incurred 
     in carrying out this section shall be derived from the 
     Highway Trust Fund (other than the Mass Transit Account), to 
     be available until expended.

 administrative provisions--federal motor carrier safety administration

       Sec. 130.  The Federal Motor Carrier Safety Administration 
     shall send notice of section 385.308 of title 49, Code of 
     Federal Regulations, violations by certified mail, registered 
     mail, or another manner of delivery, which records the 
     receipt of the notice by the persons responsible for the 
     violations.
       Sec. 131.  The Federal Motor Carrier Safety Administration 
     shall update annual inspection regulations under Appendix G 
     to subchapter B of chapter III of title 49, Code of Federal 
     Regulations, as recommended by GAO-19-264.
       Sec. 132.  None of the funds appropriated or otherwise made 
     available to the Department of Transportation by this Act or 
     any other Act may be obligated or expended to implement, 
     administer, or enforce the requirements of section 31137 of 
     title 49, United States Code, or any regulation issued by the 
     Secretary pursuant to such section, with respect to the use 
     of electronic logging devices by operators of commercial 
     motor vehicles, as defined in section 31132(1) of such title, 
     transporting livestock as defined in section 602 of the 
     Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 
     1471) or insects.

             National Highway Traffic Safety Administration

                        operations and research

       For expenses necessary to discharge the functions of the 
     Secretary, with respect to traffic and highway safety 
     authorized under chapter 301 and part C of subtitle VI of 
     title 49, United States Code, $194,167,000, of which 
     $40,000,000 shall remain available through September 30, 
     2022.

                        operations and research

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out the 
     provisions of 23 U.S.C. 403, including behavioral research on 
     Automated Driving Systems and Advanced Driver Assistance 
     Systems and improving consumer responses to safety recalls, 
     section 4011 of the Fixing America's Surface Transportation 
     Act (Public Law 114-94), and chapter 303 of title 49, United 
     States Code, $155,300,000, to be derived from the Highway 
     Trust Fund (other than the Mass Transit Account) and to 
     remain available until expended:  Provided, That none of the 
     funds in this Act shall be available for the planning or 
     execution of programs the total obligations for which, in 
     fiscal year 2021, are in excess of $155,300,000:  Provided 
     further, That of the sums appropriated under this heading--
       (1) $149,800,000 shall be for programs authorized under 23 
     U.S.C. 403, including behavioral research on Automated 
     Driving Systems and Advanced Driver Assistance Systems and 
     improving consumer responses to safety recalls, and section 
     4011 of the Fixing America's Surface Transportation Act 
     (Public Law 114-94); and
       (2) $5,500,000 shall be for the National Driver Register 
     authorized under chapter 303 of title 49, United States Code:
       Provided further, That within the $155,300,000 obligation 
     limitation for operations and research, $20,000,000 shall 
     remain available until September 30, 2022, and $3,000,000, 
     for impaired driving detection, shall remain available until 
     expended, and shall be in addition to the amount of any 
     limitation imposed on obligations for future years:  Provided 
     further, That amounts for behavioral research on Automated 
     Driving Systems and Advanced Driver Assistance Systems and 
     improving consumer responses to safety recalls are in 
     addition to any other funds provided for those purposes for 
     fiscal year 2021 in this Act.

                     highway traffic safety grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in carrying out 
     provisions of 23 U.S.C. 402, 404, and 405, and section 
     4001(a)(6) of the Fixing America's Surface Transportation Act 
     (Public Law 114-94), to remain available until expended, 
     $623,017,000, to be derived from the Highway Trust Fund 
     (other than the Mass Transit Account):  Provided, That none 
     of the funds in this Act shall be available for the planning 
     or execution of programs for which the total obligations in 
     fiscal year 2021 are in excess of $623,017,000 for programs 
     authorized under 23 U.S.C. 402, 404, and 405, and section 
     4001(a)(6) of the Fixing America's Surface Transportation 
     Act:  Provided further, That of the sums appropriated under 
     this heading--
       (1) $279,800,000 shall be for ``Highway Safety Programs'' 
     under 23 U.S.C. 402;
       (2) $285,900,000 shall be for ``National Priority Safety 
     Programs'' under 23 U.S.C. 405;
       (3) $30,500,000 shall be for the ``High Visibility 
     Enforcement Program'' under 23 U.S.C. 404; and
       (4) $26,817,000 shall be for ``Administrative Expenses'' 
     under section 4001(a)(6) of the Fixing America's Surface 
     Transportation Act:
       Provided further, That none of these funds shall be used 
     for construction, rehabilitation, or remodeling costs, or for 
     office furnishings and fixtures for State, local or private 
     buildings or structures:  Provided further, That not to 
     exceed $500,000 of the funds made available for ``National 
     Priority Safety Programs'' under 23 U.S.C. 405 for ``Impaired 
     Driving Countermeasures'' (as described in subsection (d) of 
     that section) shall be available for technical assistance to 
     the States:  Provided further, That with respect to the 
     ``Transfers'' provision under 23 U.S.C. 405(a)(8), any 
     amounts transferred to increase the amounts made available 
     under section 402 shall include the obligation authority for 
     such amounts:  Provided further, That the Administrator shall 
     notify the House and Senate Committees on Appropriations of 
     any exercise of the authority granted under the previous 
     proviso or under 23 U.S.C. 405(a)(8) within 5 days.

      administrative provisions--national highway traffic safety 
                             administration

       Sec. 140.  An additional $130,000 shall be made available 
     to the National Highway Traffic Safety Administration, out of 
     the amount limited for section 402 of title 23, United States 
     Code, to pay for travel and related expenses for State 
     management reviews and to pay for core competency development 
     training and related expenses for highway safety staff.
       Sec. 141.  The limitations on obligations for the programs 
     of the National Highway Traffic Safety Administration set in 
     this Act shall not apply to obligations for which obligation 
     authority was made available in previous public laws but only 
     to the extent that the obligation authority has not lapsed or 
     been used.
       Sec. 142.  In addition to the amounts made available under 
     the heading, ``Operations and Research (Liquidation of 
     Contract Authorization) (Limitation on Obligations) (Highway 
     Trust Fund)'' for carrying out the provisions of section 403 
     of title 23, United States Code, $17,000,000, to remain 
     available until September 30, 2022, shall be made available 
     to the National Highway Traffic Safety Administration from 
     the general fund:  Provided, That of the sums provided under 
     this provision--
       (1) not to exceed $7,000,000 shall be available to provide 
     funding for grants, pilot program activities, and innovative 
     solutions to reduce impaired-driving fatalities in 
     collaboration with eligible entities under section 403 of 
     title 23, United States Code; and
       (2) not to exceed $10,000,000 shall be available to 
     continue a high visibility enforcement paid-media campaign 
     regarding highway-rail grade crossing safety in collaboration 
     with the Federal Railroad Administration.
       Sec. 143.  None of the funds in this Act or any other Act 
     shall be used to enforce the requirements of section 
     405(a)(9) of title 23, United States Code.

                    Federal Railroad Administration

                         safety and operations

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $234,905,000, of 
     which $25,000,000 shall remain available until expended.

                   railroad research and development

       For necessary expenses for railroad research and 
     development, $41,000,000, to remain available until expended.

           federal-state partnership for state of good repair

       For necessary expenses related to Federal-State Partnership 
     for State of Good Repair Grants as authorized by section 
     24911 of title 49, United States Code, $200,000,000, to 
     remain available until expended:  Provided, That expenses 
     incidental to the acquisition or construction (including 
     designing, engineering, location surveying, mapping, 
     environmental studies, and acquiring rights-of-way) of a 
     capital project as defined under section 24911(a)(2) of title 
     49, United States Code, are eligible for funding 
     independently or in conjunction with proposed funding for 
     construction:  Provided further, That the Secretary may 
     withhold up to 1 percent of the amount provided under this 
     heading for the costs of award and project management 
     oversight of grants carried out under section 24911 of title 
     49, United States Code.

        consolidated rail infrastructure and safety improvements

                     (including transfer of funds)

       For necessary expenses related to Consolidated Rail 
     Infrastructure and Safety Improvements Grants, as authorized 
     by section 22907 of title 49, United States Code, 
     $375,000,000, to remain available until expended:  Provided, 
     That of the amounts made available under this heading--
       (1) not less than $75,000,000 shall be for projects 
     eligible under section 22907(c)(2) of title 49, United States 
     Code, that support the development of new intercity passenger 
     rail service routes including alignments for existing routes: 
      Provided, That the Secretary shall give preference for pre-
     construction elements including preliminary engineering and 
     final design of such projects; and
       (2) not less than $25,000,000 shall be for capital projects 
     and engineering solutions targeting trespassing:  Provided, 
     That the Secretary shall give preference for such projects 
     that are located in counties with the most pedestrian 
     trespasser casualties as identified in the Federal Railroad 
     Administration's National Strategy to Prevent Trespassing on 
     Railroad Property:

[[Page H7502]]

       Provided further, That section 22905(f) of title 49, United 
     States Code, shall not apply to projects for the 
     implementation of positive train control systems otherwise 
     eligible under section 22907(c)(1) of title 49, United States 
     Code:  Provided further, That amounts made available under 
     this heading for projects selected for commuter rail 
     passenger transportation may be transferred by the Secretary, 
     after selection, to the appropriate agencies to be 
     administered in accordance with chapter 53 of title 49, 
     United States Code:  Provided further, That the Secretary 
     shall not limit eligible projects from consideration for 
     funding for planning, engineering, environmental, 
     construction, and design elements of the same project in the 
     same application:  Provided further, That for amounts 
     available under this heading eligible recipients under 
     section 22907(b) of title 49, United States Code, shall 
     include any holding company of a Class II railroad or Class 
     III railroad (as those terms are defined in section 20102 of 
     title 49, United States Code):  Provided further, That 
     unobligated balances remaining after 6 years from the date of 
     enactment of this Act may be used for any eligible project 
     under section 22907(c) of title 49, United States Code:  
     Provided further, That the Secretary may withhold up to 1 
     percent of the amount provided under this heading for the 
     costs of award and project management oversight of grants 
     carried out under section 22907 of title 49, United States 
     Code.

           magnetic levitation technology deployment program

       For necessary expenses related to the deployment of 
     magnetic levitation transportation projects, consistent with 
     language in subsections (a) through (c) of section 1307 of 
     SAFETEA-LU (Public Law 109-59), as amended by section 102 of 
     the SAFETEA-LU Technical Corrections Act of 2008 (Public Law 
     110-244) (23 U.S.C. 322 note), $2,000,000, to remain 
     available until expended.

                      restoration and enhancement

       For necessary expenses related to Restoration and 
     Enhancement Grants, as authorized by section 24408 of title 
     49, United States Code, $4,720,000, to remain available until 
     expended:  Provided, That the Secretary may withhold up to 1 
     percent of the funds provided under this heading to fund the 
     costs of award and project management and oversight.

     northeast corridor grants to the national railroad passenger 
                              corporation

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for activities 
     associated with the Northeast Corridor as authorized by 
     section 11101(a) of the Fixing America's Surface 
     Transportation Act (division A of Public Law 114-94), 
     $700,000,000, to remain available until expended:  Provided, 
     That the Secretary may retain up to one-half of 1 percent of 
     the funds provided under both this heading and the ``National 
     Network Grants to the National Railroad Passenger 
     Corporation'' heading to fund the costs of project management 
     and oversight of activities authorized by section 11101(c) of 
     division A of Public Law 114-94:  Provided further, That in 
     addition to the project management oversight funds authorized 
     under section 11101(c) of division A of Public Law 114-94, 
     the Secretary may retain up to an additional $5,000,000 of 
     the funds provided under this heading to fund expenses 
     associated with the Northeast Corridor Commission established 
     under section 24905 of title 49, United States Code:  
     Provided further, That of the amounts made available under 
     this heading and the ``National Network Grants to the 
     National Railroad Passenger Corporation'' heading, not less 
     than $75,000,000 shall be made available to bring Amtrak-
     served facilities and stations into compliance with the 
     Americans with Disabilities Act:  Provided further, That of 
     the amounts made available under this heading and the 
     ``National Network Grants to the National Railroad Passenger 
     Corporation'' heading, $100,000,000 shall be made available 
     to fund the replacement of the single-level passenger cars 
     used on the Northeast Corridor, State-supported routes, and 
     long-distance routes, as such terms are defined in section 
     24102 of title 49, United States Code.

 national network grants to the national railroad passenger corporation

       To enable the Secretary of Transportation to make grants to 
     the National Railroad Passenger Corporation for activities 
     associated with the National Network as authorized by section 
     11101(b) of the Fixing America's Surface Transportation Act 
     (division A of Public Law 114-94), $1,300,000,000, to remain 
     available until expended:  Provided, That the Secretary may 
     retain up to an additional $2,000,000 of the funds provided 
     under this heading to fund expenses associated with the 
     State-Supported Route Committee established under section 
     24712 of title 49, United States Code:  Provided further, 
     That at least $50,000,000 of the amount provided under this 
     heading shall be available for the development, installation 
     and operation of railroad safety technology, including the 
     implementation of a positive train control system, on State-
     supported routes as defined under section 24102(13) of title 
     49, United States Code, on which positive train control 
     systems are not required by law or regulation:  Provided 
     further, That none of the funds provided under this heading 
     shall be used by Amtrak to give notice under subsection (a) 
     or (b) of section 24706 of title 49, United States Code, with 
     respect to long-distance routes (as defined in section 24102 
     of title 49, United States Code) on which Amtrak is the sole 
     operator on a host railroad's line and a positive train 
     control system is not required by law or regulation, or, 
     except in an emergency or during maintenance or construction 
     outages impacting such routes, to otherwise discontinue, 
     reduce the frequency of, suspend, or substantially alter the 
     route of rail service on any portion of such route operated 
     in fiscal year 2018, including implementation of service 
     permitted by section 24305(a)(3)(A) of title 49, United 
     States Code, in lieu of rail service.

       administrative provisions--federal railroad administration

                        (including rescissions)

       Sec. 150.  None of the funds made available to the National 
     Railroad Passenger Corporation may be used to fund any 
     overtime costs in excess of $35,000 for any individual 
     employee:  Provided, That the President of Amtrak may waive 
     the cap set in the preceding proviso for specific employees 
     when the President of Amtrak determines such a cap poses a 
     risk to the safety and operational efficiency of the system:  
     Provided further, That the President of Amtrak shall report 
     to the House and Senate Committees on Appropriations no later 
     than 60 days after the date of enactment of this Act, a 
     summary of all overtime payments incurred by Amtrak for 2020 
     and the 3 prior calendar years:  Provided further, That such 
     summary shall include the total number of employees that 
     received waivers and the total overtime payments Amtrak paid 
     to employees receiving waivers for each month for 2020 and 
     for the 3 prior calendar years.
       Sec. 151.  None of the funds made available to the National 
     Railroad Passenger Corporation under the headings ``Northeast 
     Corridor Grants to the National Railroad Passenger 
     Corporation'' and ``National Network Grants to the National 
     Railroad Passenger Corporation'' may be used to reduce the 
     total number of Amtrak Police Department uniformed officers 
     patrolling on board passenger trains or at stations, 
     facilities or rights-of-way below the staffing level on May 
     1, 2019.
       Sec. 152.  None of the funds made available by this Act may 
     be used by the National Railroad Passenger Corporation in 
     contravention of the Worker Adjustment and Retraining 
     Notification Act (29 U.S.C. 2101 et seq.).
       Sec. 153.  The matter under the heading ``Department of 
     Transportation--Federal Railroad Administration--Consolidated 
     Rail Infrastructure and Safety Improvements''--
       (1) in division G of the Consolidated Appropriations Act, 
     2019 (Public Law 116-6) is amended by striking ``4 years'' 
     and inserting ``6 years'' in the fourth proviso; and
       (2) in division H of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94) is amended by 
     striking ``4 years'' and inserting ``6 years'' in the fourth 
     proviso.
       Sec. 154.  Of the unobligated balances of funds remaining 
     from--
       (1) ``Capital and Debt Service Grants to the National 
     Railroad Passenger Corporation'' accounts totaling 
     $10,458,135.54 appropriated by the following public laws are 
     hereby permanently rescinded:
       (A) Public Law 112-10 a total of $289,234.48;
       (B) Public Law 112-55 a total of $4,760,000.00;
       (C) Public Law 113-76 a total of $792,502.52;
       (D) Public Law 113-235 a total of $1,698,806.61; and
       (E) Public Law 114-113 a total of $2,917,591.93;
       (2) ``Railroad Safety Technology Program'' account totaling 
     $613,252.29 appropriated by Public Law 111-117 is hereby 
     permanently rescinded;
       (3) ``Capital Assistance to States--Intercity Passenger 
     Rail Service'' account totaling $10,164,885.13 appropriated 
     by Public Law 111-8 is hereby permanently rescinded;
       (4) ``Rail Line Relocation and Improvement Program'' 
     accounts totaling $12,650,365.14 appropriated by the 
     following public laws are hereby permanently rescinded:
       (A) Public Law 110-161 a total of $923,214.63;
       (B) Public Law 111-8 a total of $5,558,233.95;
       (C) Public Law 111-117 a total of $3,763,767.95; and
       (D) Public Law 112-10 a total of $2,405,148.61; and
       (5) ``Next Generation High-Speed Rail'' accounts totaling 
     $3,034,848.52 appropriated by the following public laws are 
     hereby permanently rescinded:
       (A) Public Law 104-50 a total of $610,807.00;
       (B) Public Law 104-205 a total of $5,963.71;
       (C) Public Law 105-66 a total of $1,218,742.47;
       (D) Public Law 105-277 a total of $17,097.00;
       (E) Public Law 106-69 a total of $1,005,969.00;
       (F) Public Law 108-7 a total of $43,951.57;
       (G) Public Law 108-199 a total of $24,263.48; and
       (H) Public Law 108-447 a total of $108,054.29.
       Sec. 155.  It is the sense of Congress that--
       (1) long-distance passenger rail routes provide much-needed 
     transportation access for 4,700,000 riders in 325 communities 
     in 40 States and are particularly important in rural areas; 
     and
       (2) long-distance passenger rail routes and services should 
     be sustained to ensure connectivity throughout the National 
     Network (as defined in section 24102 of title 49, United 
     States Code).

                     Federal Transit Administration

                        administrative expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $121,052,000 which shall remain 
     available until September 30, 2022, and up to $1,000,000 
     shall be available to carry out the provisions of section 
     5326 of such title:  Provided, That upon submission to the 
     Congress of the fiscal year 2022 President's budget, the 
     Secretary of Transportation shall transmit to Congress the 
     annual report on Capital Investment Grants, including 
     proposed allocations for fiscal year 2022.

                         transit formula grants

                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       For payment of obligations incurred in the Federal Public 
     Transportation Assistance Program in this account, and for 
     payment of obligations incurred in carrying out the 
     provisions

[[Page H7503]]

     of 49 U.S.C. 5305, 5307, 5310, 5311, 5312, 5314, 5318, 
     5329(e)(6), 5335, 5337, 5339, and 5340, as amended by the 
     Fixing America's Surface Transportation Act, section 20005(b) 
     of Public Law 112-141, and section 3006(b) of the Fixing 
     America's Surface Transportation Act, $10,800,000,000, to be 
     derived from the Mass Transit Account of the Highway Trust 
     Fund and to remain available until expended:  Provided, That 
     funds available for the implementation or execution of 
     programs authorized under 49 U.S.C. 5305, 5307, 5310, 5311, 
     5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 5340, as 
     amended by the Fixing America's Surface Transportation Act, 
     section 20005(b) of Public Law 112-141, and section 3006(b) 
     of the Fixing America's Surface Transportation Act, shall not 
     exceed total obligations of $10,150,348,462 in fiscal year 
     2021:  Provided further, That the Federal share of the cost 
     of activities carried out under 49 U.S.C. section 5312 shall 
     not exceed 80 percent, except that if there is substantial 
     public interest or benefit, the Secretary may approve a 
     greater Federal share.

                     transit infrastructure grants

       For an additional amount for buses and bus facilities 
     grants under section 5339 of title 49, United States Code, 
     low or no emission grants under section 5339(c) of such 
     title, formula grants to rural areas under section 5311 of 
     such title, high density state apportionments under section 
     5340(d) of such title, state of good repair grants under 
     section 5337 of such title, ferry boats grants under section 
     5307(h) of such title, bus testing facilities under section 
     5318 of such title, grants to areas of persistent poverty, 
     innovative mobility solutions grants under section 5312 of 
     such title, and accelerating innovative mobility initiative 
     grants under section 5312 such title, $516,220,000, to remain 
     available until expended:  Provided, That of the sums 
     provided under this heading--
       (1) $243,000,000 shall be available for the buses and bus 
     facilities grants as authorized under section 5339 of such 
     title, of which $118,000,000 shall be available for the buses 
     and bus facilities formula grants as authorized under section 
     5339(a) of such title, and $125,000,000 shall be available 
     for buses and bus facilities competitive grants as authorized 
     under section 5339(b) of such title;
       (2) $125,000,000 shall be available for the low or no 
     emission grants as authorized under section 5339(c) of such 
     title:  Provided, That the minimum grant award shall be not 
     less than $750,000;
       (3) $40,000,000 shall be available for formula grants for 
     rural areas as authorized under section 5311 of such title;
       (4) $40,000,000 shall be available for the high density 
     state apportionments as authorized under section 5340(d) of 
     such title;
       (5) $40,000,000 shall be available for state of good repair 
     grants as authorized under section 5337 of such title;
       (6) $8,000,000 shall be available for ferry boat grants as 
     authorized under section 5307(h) of such title:  Provided, 
     That of the amounts provided under this subparagraph, 
     $4,000,000 shall only be available for low or zero-emission 
     ferries or ferries using electric battery or fuel cell 
     components and the infrastructure to support such ferries;
       (7) $2,000,000 shall be available for the operation and 
     maintenance of the bus testing facilities selected under 
     section 5318 of such title;
       (8) $16,220,000 shall be available for competitive grants 
     to eligible entities to assist areas of persistent poverty:  
     Provided, That the term ``areas of persistent poverty'' means 
     any county that has consistently had greater than or equal to 
     20 percent of the population living in poverty during the 30 
     year period preceding the date of enactment of this Act, as 
     measured by the 1990 and 2000 decennial census and the most 
     recent Small Area Income and Poverty Estimates as estimated 
     by the Bureau of the Census; any census tract with a poverty 
     rate of at least 20 percent as measured by the 2014-2018 5-
     year data series available from the American Community Survey 
     of the Bureau of the Census; or any territory or possession 
     of the United States:  Provided further, That grants shall be 
     for planning, engineering, or development of technical or 
     financing plans for projects eligible under chapter 53 of 
     title 49, United States Code:  Provided further, That 
     eligible entities are those defined as eligible recipients or 
     subrecipients under sections 5307, 5310 or 5311 of title 49, 
     United States Code, and are in areas of persistent poverty:  
     Provided further, That the Federal Transit Administration 
     should complete outreach to such counties and the departments 
     of transportation within applicable States via personal 
     contact, webinars, web materials and other appropriate 
     methods determined by the Administrator of the Federal 
     Transit Administration:  Provided further, That State 
     departments of transportation may apply on behalf of eligible 
     entities within their States:  Provided further, That the 
     Federal Transit Administration should encourage grantees to 
     work with non-profits or other entities of their choosing in 
     order to develop planning, technical, engineering, or 
     financing plans:  Provided further, That the Federal Transit 
     Administration shall encourage grantees to partner with non-
     profits that can assist with making projects low or no 
     emissions;
       (9) $1,000,000 shall be available for the demonstration and 
     deployment of innovative mobility solutions as authorized 
     under section 5312 of title 49, United States Code:  
     Provided, That such amounts shall be available for 
     competitive grants or cooperative agreements for the 
     development of software to facilitate the provision of 
     demand-response public transportation service that dispatches 
     public transportation fleet vehicles through riders mobile 
     devices or other advanced means:  Provided further, That the 
     Secretary shall evaluate the potential for software developed 
     with grants or cooperative agreements to be shared for use by 
     public transportation agencies; and
       (10) $1,000,000 shall be for the accelerating innovative 
     mobility initiative as authorized under section 5312 of title 
     49, United States Code:  Provided, That such amounts shall be 
     available for competitive grants to improve mobility and 
     enhance the rider experience with a focus on innovative 
     service delivery models, creative financing, novel 
     partnerships, and integrated payment solutions in order to 
     help disseminate proven innovation mobility practices 
     throughout the public transportation industry:
       Provided further, That projects funded under paragraph (8) 
     of this heading shall be for not less than 90 percent of the 
     net total project cost:  Provided further, That amounts made 
     available by this heading shall be derived from the general 
     fund:  Provided further, That the amounts made available 
     under this heading shall not be subject to any limitation on 
     obligations for transit programs set forth in any Act.

                   technical assistance and training

       For necessary expenses to carry out section 5314 of title 
     49, United States Code, $7,500,000, to remain available until 
     September 30, 2022:  Provided, That the assistance provided 
     under this heading does not duplicate the activities of 
     section 5311(b) or section 5312 of title 49, United States 
     Code.

                       capital investment grants

       For necessary expenses to carry out fixed guideway capital 
     investment grants under section 5309 of title 49, United 
     States Code, and section 3005(b) of the Fixing America's 
     Surface Transportation Act (Public Law 114-94), 
     $2,014,000,000, to remain available until September 30, 2024: 
      Provided, That of the amounts made available under this 
     heading, $1,169,000,000 shall be available for projects 
     authorized under section 5309(d) of title 49, United States 
     Code, $525,000,000 shall be available for projects authorized 
     under section 5309(e) of title 49, United States Code, 
     $200,000,000 shall be available for projects authorized under 
     section 5309(h) of title 49, United States Code, and 
     $100,000,000 shall be available for projects authorized under 
     section 3005(b) of the Fixing America's Surface 
     Transportation Act:  Provided further, That the Secretary 
     shall continue to administer the capital investment grants 
     program in accordance with the procedural and substantive 
     requirements of section 5309 of title 49, United States Code, 
     and of section 3005(b) of the Fixing America's Surface 
     Transportation Act:  Provided further, That projects that 
     receive a grant agreement under the Expedited Project 
     Delivery for Capital Investment Grants Pilot Program under 
     section 3005(b) of the Fixing America's Surface 
     Transportation Act shall be deemed eligible for funding 
     provided for projects under section 5309 of title 49, United 
     States Code, without further evaluation or rating under such 
     section:  Provided further, That such funding shall not 
     exceed the Federal share under section 3005(b):  Provided 
     Further, That funds allocated pursuant to 49 U.S.C. 5309 to 
     any project during fiscal years 2015 or 2017 shall remain 
     allocated to that project until December 31, 2021.

      grants to the washington metropolitan area transit authority

       For grants to the Washington Metropolitan Area Transit 
     Authority as authorized under section 601 of division B of 
     the Passenger Rail Investment and Improvement Act of 2008 
     (Public Law 110-432), $150,000,000, to remain available until 
     expended:  Provided, That the Secretary of Transportation 
     shall approve grants for capital and preventive maintenance 
     expenditures for the Washington Metropolitan Area Transit 
     Authority only after receiving and reviewing a request for 
     each specific project:  Provided further, That the Secretary 
     shall determine that the Washington Metropolitan Area Transit 
     Authority has placed the highest priority on those 
     investments that will improve the safety of the system before 
     approving such grants:  Provided further, That the Secretary, 
     in order to ensure safety throughout the rail system, may 
     waive the requirements of section 601(e)(1) of division B of 
     the Passenger Rail Investment and Improvement Act of 2008 
     (Public Law 110-432).

       administrative provisions--federal transit administration

                        (including rescissions)

       Sec. 160.  The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 161.  Notwithstanding any other provision of law, 
     funds appropriated or limited by this Act under the heading 
     ``Capital Investment Grants'' of the Federal Transit 
     Administration for projects specified in this Act or 
     identified in the explanatory statement described in section 
     4 (in the matter preceding division A of this consolidated 
     Act) not obligated by September 30, 2024, and other 
     recoveries, shall be directed to projects eligible to use the 
     funds for the purposes for which they were originally 
     provided.
       Sec. 162.  Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 2020, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure, may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 163.  None of the funds made available by this Act or 
     any other Act shall be used to adjust apportionments or 
     withhold funds from apportionments pursuant to section 
     9503(e)(4) of the Internal Revenue Code of 1986 (26 U.S.C. 
     9503(e)(4)).
       Sec. 164.  An eligible recipient of a grant under section 
     5339(c) may submit an application in partnership with other 
     entities, including a

[[Page H7504]]

     transit vehicle manufacturer, that intend to participate in 
     the implementation of a project under section 5339(c) of 
     title 49, United States Code, and a project awarded with such 
     partnership shall be treated as satisfying the requirement 
     for a competitive procurement under section 5325(a) of title 
     49, United States Code, for the named entity.
       Sec. 165.  None of the funds made available by this Act or 
     any other Act shall be used to impede or hinder project 
     advancement or approval for any project seeking a Federal 
     contribution from the capital investment grant program of 
     greater than 40 percent of project costs as authorized under 
     section 5309 of title 49, United States Code.
       Sec. 166.  None of the funds made available in this Act may 
     be used by the Department of Transportation to implement any 
     policy that requires a capital investment grant project to 
     receive a medium or higher project rating before taking 
     actions to finalize an environmental impact statement.
       Sec. 167.  Of the unobligated amounts made available for 
     prior fiscal years to Formula Grants in Treasury Account 69-
     X-1129, a total of $1,606,849 are hereby permanently 
     rescinded:  Provided, That no amounts may be rescinded from 
     amounts that were designated by the Congress as an emergency 
     or disaster relief requirement pursuant to a concurrent 
     resolution on the budget or the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 168.  Of the unobligated amounts made available for 
     the Job Access and Reverse Commute program, as authorized by 
     Public Law 105-178, as amended, a total of $320,230 are 
     hereby permanently rescinded.
       Sec. 169.  Of the unobligated amounts made available for 
     Research, Training, and Human Resources, as authorized by 
     Public Law 95-599, as amended, a total of $31,634 are hereby 
     permanently rescinded.
       Sec. 169A.  Any unexpended balances from amounts previously 
     appropriated for low or no emission vehicle component 
     assessment under 49 U.S.C. 5312(h) under the headings 
     ``Transit Formula Grants'' and ``Transit Infrastructure 
     Grants'' in fiscal years 2016 through 2020 may be used by the 
     facilities selected for such vehicle component assessment for 
     capital projects in order to build new infrastructure and 
     enhance existing facilities in order to expand bus and 
     component testing capability, in accordance with the industry 
     stakeholder testing objectives and capabilities as outlined 
     through the work of the Federal Transit Administration 
     Transit Vehicle Innovation and Deployment Centers program and 
     included in the Center for Transportation and the Environment 
     report submitted to the Federal Transit Administration for 
     review.

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 9104 of title 31, United States Code, as 
     may be necessary in carrying out the programs set forth in 
     the Corporation's budget for the current fiscal year.

                       operations and maintenance

                    (harbor maintenance trust fund)

       For necessary expenses to conduct the operations, 
     maintenance, and capital infrastructure activities on 
     portions of the Saint Lawrence Seaway owned, operated, and 
     maintained by the Saint Lawrence Seaway Development 
     Corporation, $38,000,000, to be derived from the Harbor 
     Maintenance Trust Fund, pursuant to section 210 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2238):  
     Provided, That of the amounts made available under this 
     heading, not less than $14,500,000 shall be for the seaway 
     infrastructure program.

                        Maritime Administration

                       maritime security program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $314,007,780, to remain available until 
     expended, of which $7,780 shall be derived from unobligated 
     balances from prior year appropriations available under this 
     heading.

                          cable security fleet

       For the Cable Security Fleet program, as authorized by 
     chapter 532 of title 46, United States Code, $10,000,000, to 
     remain available until expended.

                        operations and training

                     (including transfer of funds)

       For necessary expenses of operations and training 
     activities authorized by law, $155,616,000:  Provided, That 
     of the amounts made available under this heading--
       (1) $80,000,000, to remain available until September 30, 
     2022, shall be for the operations of the United States 
     Merchant Marine Academy;
       (2) $5,944,000, to remain available until expended, shall 
     be for facilities maintenance and repair, and equipment, at 
     the United States Merchant Marine Academy;
       (3) $3,000,000, to remain available until September 30, 
     2022, shall be for the Maritime Environmental and Technical 
     Assistance program authorized under section 50307 of title 
     46, United States Code; and
       (4) $10,819,000, to remain available until expended, shall 
     be for the Short Sea Transportation Program (America's Marine 
     Highways) to make grants for the purposes authorized under 
     paragraphs (1) and (3) of section 55601(b) of title 46, 
     United States Code:
       Provided further, That the Administrator of the Maritime 
     Administration shall transmit to the House and Senate 
     Committees on Appropriations the annual report on sexual 
     assault and sexual harassment at the United States Merchant 
     Marine Academy as required pursuant to section 3510 of the 
     National Defense Authorization Act for Fiscal Year 2017 (46 
     U.S.C. 51318):  Provided further, That available balances 
     under this heading for the Short Sea Transportation Program 
     (America's Marine Highways) from prior year recoveries shall 
     be available to carry out activities authorized under 
     paragraphs (1) and (3) of section 55601(b) of title 46, 
     United States Code:  Provided further, That any unobligated 
     balances and obligated balances not yet expended from 
     previous appropriations under this heading for programs and 
     activities supporting State Maritime Academies shall be 
     transferred to and merged with the appropriations for 
     ``Maritime Administration--State Maritime Academy 
     Operations'' and shall be made available for the same 
     purposes as the appropriations for ``Maritime 
     Administration--State Maritime Academy Operations''.

                   state maritime academy operations

       For necessary expenses of operations, support, and training 
     activities for State Maritime Academies, $432,700,000:  
     Provided, That of the sums appropriated under this heading--
       (1) $30,500,000, to remain available until expended, shall 
     be for maintenance, repair, life extension, insurance, and 
     capacity improvement of National Defense Reserve Fleet 
     training ships, and for support of training ship operations 
     at the State Maritime Academies, of which $8,500,000, to 
     remain available until expended, shall be for expenses 
     related to training mariners; and for costs associated with 
     training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for 
     costs associated with mobilizing, operating and demobilizing 
     the vessel, including travel costs for students, faculty and 
     crew, the costs of the general agent, crew costs, fuel, 
     insurance, operational fees, and vessel hire costs, as 
     determined by the Secretary;
       (2) $390,000,000, to remain available until expended, shall 
     be for the National Security Multi-Mission Vessel Program, 
     including funds for construction, planning, administration, 
     and design of school ships;
       (3) $2,400,000 to remain available through September 30, 
     2022, shall be for the Student Incentive Program;
       (4) $3,800,000 shall remain available until expended, shall 
     be for training ship fuel assistance; and
       (5) $6,000,000, to remain available until September 30, 
     2022, shall be for direct payments for State Maritime 
     Academies.

                     assistance to small shipyards

       To make grants to qualified shipyards as authorized under 
     section 54101 of title 46, United States Code, $20,000,000, 
     to remain available until expended.

                             ship disposal

       For necessary expenses related to the disposal of obsolete 
     vessels in the National Defense Reserve Fleet of the Maritime 
     Administration, $4,200,000, to remain available until 
     expended.

          maritime guaranteed loan (title xi) program account

                     (including transfer of funds)

       For administrative expenses to carry out the guaranteed 
     loan program, $3,000,000, which shall be transferred to and 
     merged with the appropriations for ``Maritime 
     Administration--Operations and Training''.

                port infrastructure development program

       To make grants to improve port facilities as authorized 
     under section 50302(c) of title 46, United States Code, 
     $230,000,000, to remain available until expended:  Provided, 
     That projects eligible for amounts made available under this 
     heading shall be projects for coastal seaports, inland river 
     ports, or Great Lakes ports:  Provided further, That of the 
     amounts made available under this heading, not less than 
     $205,000,000 shall be for coastal seaports or Great Lakes 
     ports:  Provided further, That the Maritime Administration 
     shall distribute amounts made available under this heading as 
     discretionary grants to port authorities or commissions or 
     their subdivisions and agents under existing authority, as 
     well as to a State or political subdivision of a State or 
     local government, a Tribal Government, a public agency or 
     publicly chartered authority established by one or more 
     States, a special purpose district with a transportation 
     function, a multistate or multijurisdictional group of 
     entities, or a lead entity described above jointly with a 
     private entity or group of private entities:  Provided 
     further, That projects eligible for amounts made available 
     under this heading shall be designed to improve the safety, 
     efficiency, or reliability of the movement of goods into, out 
     of, around, or within a port and located--
       (1) within the boundary of a port; or
       (2) outside the boundary of a port, and directly related to 
     port operations, or to an intermodal connection to a port:
       Provided further, That project awards eligible under this 
     heading shall be only for--
       (1) port gate improvements;
       (2) road improvements both within and connecting to the 
     port;
       (3) rail improvements both within and connecting to the 
     port;
       (4) berth improvements (including docks, wharves, piers and 
     dredging incidental to the improvement project);
       (5) fixed landside improvements in support of cargo 
     operations (such as silos, elevators, conveyors, container 
     terminals, Ro/Ro structures including parking garages 
     necessary for intermodal freight transfer, warehouses 
     including refrigerated facilities, lay-down areas, transit 
     sheds, and other such facilities);
       (6) utilities necessary for safe operations (including 
     lighting, stormwater, and other such improvements that are 
     incidental to a larger infrastructure project); or

[[Page H7505]]

       (7) a combination of activities described above:
       Provided further, That the Federal share of the costs for 
     which an amount is provided under this heading shall be up to 
     80 percent:  Provided further, That for grants awarded under 
     this heading, the minimum grant size shall be $1,000,000:  
     Provided further, That for grant awards less than 
     $10,000,000, the Secretary shall prioritize ports that 
     handled less than 10,000,000 short tons in 2017, as 
     identified by the Corps of Engineers:  Provided further, That 
     for grant awards less than $10,000,000, the Secretary may 
     increase the Federal share of costs above 80 percent:  
     Provided further, That not to exceed 2 percent of the amounts 
     made available under this heading shall be available for 
     necessary costs of grant administration.

           administrative provisions--maritime administration

       Sec. 170.  Notwithstanding any other provision of this Act, 
     in addition to any existing authority, the Maritime 
     Administration is authorized to furnish utilities and 
     services and make necessary repairs in connection with any 
     lease, contract, or occupancy involving Government property 
     under control of the Maritime Administration:  Provided, That 
     payments received therefor shall be credited to the 
     appropriation charged with the cost thereof and shall remain 
     available until expended:  Provided further, That rental 
     payments under any such lease, contract, or occupancy for 
     items other than such utilities, services, or repairs shall 
     be deposited into the Treasury as miscellaneous receipts.

         Pipeline and Hazardous Materials Safety Administration

                          operational expenses

       For necessary operational expenses of the Pipeline and 
     Hazardous Materials Safety Administration, $28,715,000, of 
     which $4,500,000 shall remain available until September 30, 
     2023.

                       hazardous materials safety

       For expenses necessary to discharge the hazardous materials 
     safety functions of the Pipeline and Hazardous Materials 
     Safety Administration, $62,000,000, of which $14,000,000 
     shall remain available until September 30, 2023:  Provided, 
     That up to $800,000 in fees collected under 49 U.S.C. 5108(g) 
     shall be deposited in the general fund of the Treasury as 
     offsetting receipts:  Provided further, That there may be 
     credited to this appropriation, to be available until 
     expended, funds received from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training, for reports publication 
     and dissemination, and for travel expenses incurred in 
     performance of hazardous materials exemptions and approvals 
     functions.

                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to carry out a pipeline safety 
     program, as authorized by 49 U.S.C. 60107, and to discharge 
     the pipeline program responsibilities of the Oil Pollution 
     Act of 1990, $168,000,000, to remain available until 
     September 30, 2023, of which $23,000,000 shall be derived 
     from the Oil Spill Liability Trust Fund; of which 
     $137,000,000 shall be derived from the Pipeline Safety Fund; 
     and of which $8,000,000 shall be derived from fees collected 
     under 49 U.S.C. 60302 and deposited in the Underground 
     Natural Gas Storage Facility Safety Account for the purpose 
     of carrying out 49 U.S.C. 60141:  Provided, That not less 
     than $1,058,000 of the funds provided under this heading 
     shall be for the One-Call State grant program:  Provided 
     further, That any amounts provided under this heading in this 
     Act or in prior Acts for research contracts, grants, 
     cooperative agreements or research other transactions 
     agreements (``OTAs'') shall require written notification to 
     the House and Senate Committees on Appropriations not less 
     than 3 full business days before such research contracts, 
     grants, cooperative agreements, or research OTAs are 
     announced by the Department of Transportation:  Provided 
     further, That the Administrator may obligate amounts made 
     available under this heading to engineer, erect, alter, and 
     repair buildings or make any other public improvements for 
     research facilities at the Transportation Technology Center 
     after the Administrator submits an updated research plan to 
     the House and Senate Committees on Appropriations and after 
     such plan is approved by the House and Senate Committees on 
     Appropriations.

                     emergency preparedness grants

                      (limitation on obligations)

                     (emergency preparedness fund)

       For expenses necessary to carry out the Emergency 
     Preparedness Grants program, not more than $28,318,000 shall 
     remain available until September 30, 2023, from amounts made 
     available by section 5116(h) and subsections (b) and (c) of 
     section 5128 of title 49, United States Code:  Provided, That 
     notwithstanding section 5116(h)(4) of title 49, United States 
     Code, not more than 4 percent of the amounts made available 
     from this account shall be available to pay administrative 
     costs:  Provided further, That notwithstanding subsections 
     (b) and (c) of section 5128 of title 49, United States Code, 
     and the limitation on obligations provided under this 
     heading, prior year recoveries recognized in the current year 
     shall be available to develop and deliver hazardous materials 
     emergency response training for emergency responders, 
     including response activities for the transportation of crude 
     oil, ethanol, flammable liquids, and other hazardous 
     commodities by rail, consistent with National Fire Protection 
     Association standards, and to make such training available 
     through an electronic format:  Provided further, That the 
     prior year recoveries made available under this heading shall 
     also be available to carry out sections 5116(a)(1)(C), 
     5116(h), 5116(i), and 5107(e) of title 49, United States 
     Code.

  administrative provisions--pipeline and hazardous materials safety 
                             administration

       Sec. 180.  In addition to the amounts made available under 
     the heading, ``Emergency Preparedness Grants'', $1,000,000, 
     to remain available until September 30, 2023, shall be made 
     available to the Pipeline and Hazardous Materials Safety 
     Administration from the general fund of the Treasury, in 
     addition to amounts otherwise available for such purposes, to 
     develop and deliver hazardous materials emergency response 
     training for emergency responders, including response 
     activities for the transportation of crude oil, ethanol, 
     flammable liquids, and other hazardous commodities by rail, 
     consistent with National Fire Protection Association 
     standards, and to make such training available through an 
     electronic format.

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $98,150,000:  Provided, That the Inspector 
     General shall have all necessary authority, in carrying out 
     the duties specified in the Inspector General Act, as amended 
     (5 U.S.C. App. 3), to investigate allegations of fraud, 
     including false statements to the government (18 U.S.C. 
     1001), by any person or entity that is subject to regulation 
     by the Department of Transportation.

            General Provisions--Department of Transportation

       Sec. 190. (a) During the current fiscal year, applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms or allowances 
     therefor, as authorized by sections 5901 and 5902 of title 5, 
     United States Code.
       (b) During the current fiscal year, applicable 
     appropriations to the Department and its operating 
     administrations shall be available for the purchase, 
     maintenance, operation, and deployment of unmanned aircraft 
     systems that advance the missions of the Department of 
     Transportation or an operating administration of the 
     Department of Transportation.
       (c) Any unmanned aircraft system purchased, procured, or 
     contracted for by the Department prior to the date of 
     enactment of this Act shall be deemed authorized by Congress 
     as if this provision was in effect when the system was 
     purchased, procured, or contracted for.
       Sec. 191.  Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by section 3109 of title 5, United States Code, 
     but at rates for individuals not to exceed the per diem rate 
     equivalent to the rate for an Executive Level IV.
       Sec. 192. (a) No recipient of amounts made available by 
     this Act shall disseminate personal information (as defined 
     in section 2725(3) of title 18, United States Code) obtained 
     by a State department of motor vehicles in connection with a 
     motor vehicle record as defined in section 2725(1) of title 
     18, United States Code, except as provided in section 2721 of 
     title 18, United States Code, for a use permitted under 
     section 2721 of title 18, United States Code.
       (b) Notwithstanding subsection (a), the Secretary shall not 
     withhold amounts made available by this Act for any grantee 
     if a State is in noncompliance with this provision.
       Sec. 193.  None of the funds made available by this Act 
     shall be available for salaries and expenses of more than 125 
     political and Presidential appointees in the Department of 
     Transportation:  Provided, That none of the personnel covered 
     by this provision may be assigned on temporary detail outside 
     the Department of Transportation.
       Sec. 194.  Funds received by the Federal Highway 
     Administration and Federal Railroad Administration from 
     States, counties, municipalities, other public authorities, 
     and private sources for expenses incurred for training may be 
     credited respectively to the Federal Highway Administration's 
     ``Federal-Aid Highways'' account and to the Federal Railroad 
     Administration's ``Safety and Operations'' account, except 
     for State rail safety inspectors participating in training 
     pursuant to section 20105 of title 49, United States Code.
       Sec. 195.  None of the funds made available by this Act to 
     the Department of Transportation may be used to make a loan, 
     loan guarantee, line of credit, letter of intent, federally 
     funded cooperative agreement, full funding grant agreement, 
     or discretionary grant unless the Secretary of Transportation 
     notifies the House and Senate Committees on Appropriations 
     not less than 3 full business days before any project 
     competitively selected to receive any discretionary grant 
     award, letter of intent, loan commitment, loan guarantee 
     commitment, line of credit commitment, federally funded 
     cooperative agreement, or full funding grant agreement is 
     announced by the Department or its operating administrations: 
      Provided, That the Secretary of Transportation shall provide 
     the House and Senate Committees on Appropriations with a 
     comprehensive list of all such loans, loan guarantees, lines 
     of credit, letters of intent, federally funded cooperative 
     agreements, full funding grant agreements, and discretionary 
     grants prior to the notification required under the previous 
     proviso:  Provided further, That the Secretary gives 
     concurrent notification to the House and Senate Committees on 
     Appropriations for any ``quick release'' of funds from the 
     emergency relief program:  Provided further, That no 
     notification shall involve funds that are not available for 
     obligation.
       Sec. 196.  Rebates, refunds, incentive payments, minor 
     fees, and other funds received by

[[Page H7506]]

     the Department of Transportation from travel management 
     centers, charge card programs, the subleasing of building 
     space, and miscellaneous sources are to be credited to 
     appropriations of the Department of Transportation and 
     allocated to elements of the Department of Transportation 
     using fair and equitable criteria and such funds shall be 
     available until expended.
       Sec. 197.  Amounts made available by this Act or any prior 
     Act that the Secretary determines represent improper payments 
     by the Department of Transportation to a third-party 
     contractor under a financial assistance award, which are 
     recovered pursuant to law, shall be available--
       (1) to reimburse the actual expenses incurred by the 
     Department of Transportation in recovering improper payments: 
      Provided, That amounts made available by this Act shall be 
     available until expended; and
       (2) to pay contractors for services provided in recovering 
     improper payments or contractor support in the implementation 
     of the Improper Payments Information Act of 2002 (Public Law 
     107-300), as amended by the Improper Payments Elimination and 
     Recovery Act of 2010 (Public Law 111-204) and Improper 
     Payments Elimination and Recovery Improvement Act of 2012 
     (Public Law 112-248), and Fraud Reduction and Data Analytics 
     Act of 2015 (Public Law 114-186):  Provided, That amounts in 
     excess of that required for paragraphs (1) and (2)--
       (A) shall be credited to and merged with the appropriation 
     from which the improper payments were made, and shall be 
     available for the purposes and period for which such 
     appropriations are available:  Provided further, That where 
     specific project or accounting information associated with 
     the improper payment or payments is not readily available, 
     the Secretary may credit an appropriate account, which shall 
     be available for the purposes and period associated with the 
     account so credited; or
       (B) if no such appropriation remains available, shall be 
     deposited in the Treasury as miscellaneous receipts:  
     Provided further, That prior to depositing such recovery in 
     the Treasury, the Secretary shall notify the House and Senate 
     Committees on Appropriations of the amount and reasons for 
     such transfer:  Provided further, That for purposes of this 
     section, the term ``improper payments'' has the same meaning 
     as that provided in section 2(e)(2) of the Improper Payments 
     Elimination and Recovery Act of 2010 (Public Law 111-204).
       Sec. 198.  Notwithstanding any other provision of law, if 
     any funds provided by or limited by this Act are subject to a 
     reprogramming action that requires notice to be provided to 
     the House and Senate Committees on Appropriations, 
     transmission of such reprogramming notice shall be provided 
     solely to the House and Senate Committees on Appropriations, 
     and such reprogramming action shall be approved or denied 
     solely by the House and Senate Committees on Appropriations:  
     Provided, That the Secretary of Transportation may provide 
     notice to other congressional committees of the action of the 
     House and Senate Committees on Appropriations on such 
     reprogramming but not sooner than 30 days after the date on 
     which the reprogramming action has been approved or denied by 
     the House and Senate Committees on Appropriations.
       Sec. 199.  Funds appropriated by this Act to the operating 
     administrations may be obligated for the Office of the 
     Secretary for the costs related to assessments or 
     reimbursable agreements only when such amounts are for the 
     costs of goods and services that are purchased to provide a 
     direct benefit to the applicable operating administration or 
     administrations.
       Sec. 199A.  The Secretary of Transportation is authorized 
     to carry out a program that establishes uniform standards for 
     developing and supporting agency transit pass and transit 
     benefits authorized under section 7905 of title 5, United 
     States Code, including distribution of transit benefits by 
     various paper and electronic media.
       Sec. 199B.  The Department of Transportation may use funds 
     provided by this Act, or any other Act, to assist a contract 
     under title 49 U.S.C. or title 23 U.S.C. utilizing 
     geographic, economic, or any other hiring preference not 
     otherwise authorized by law, or to amend a rule, regulation, 
     policy or other measure that forbids a recipient of a Federal 
     Highway Administration or Federal Transit Administration 
     grant from imposing such hiring preference on a contract or 
     construction project with which the Department of 
     Transportation is assisting, only if the grant recipient 
     certifies the following:
       (1) that except with respect to apprentices or trainees, a 
     pool of readily available but unemployed individuals 
     possessing the knowledge, skill, and ability to perform the 
     work that the contract requires resides in the jurisdiction;
       (2) that the grant recipient will include appropriate 
     provisions in its bid document ensuring that the contractor 
     does not displace any of its existing employees in order to 
     satisfy such hiring preference; and
       (3) that any increase in the cost of labor, training, or 
     delays resulting from the use of such hiring preference does 
     not delay or displace any transportation project in the 
     applicable Statewide Transportation Improvement Program or 
     Transportation Improvement Program.
       Sec. 199C.  The Secretary of Transportation shall 
     coordinate with the Secretary of Homeland Security to ensure 
     that best practices for Industrial Control Systems 
     Procurement are up-to-date and shall ensure that systems 
     procured with funds provided under this title were procured 
     using such practices.
       Sec. 199D.  None of the funds made available by this Act to 
     the Department of Transportation may be used in contravention 
     of section 306108 of title 54, United States Code.
       This title may be cited as the ``Department of 
     Transportation Appropriations Act, 2021''.

                                TITLE II

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                     Management and Administration

                           executive offices

       For necessary salaries and expenses for Executive Offices, 
     which shall be comprised of the offices of the Secretary, 
     Deputy Secretary, Adjudicatory Services, Congressional and 
     Intergovernmental Relations, Public Affairs, Small and 
     Disadvantaged Business Utilization, and the Center for Faith-
     Based and Neighborhood Partnerships, $17,292,000, to remain 
     available until September 30, 2022:  Provided, That not to 
     exceed $25,000 of the amount made available under this 
     heading shall be available to the Secretary of Housing and 
     Urban Development (referred to in this title as ``the 
     Secretary'') for official reception and representation 
     expenses as the Secretary may determine.

                     administrative support offices

       For necessary salaries and expenses for Administrative 
     Support Offices, $576,689,000, to remain available until 
     September 30, 2022:  Provided, That of the sums appropriated 
     under this heading--
       (1) $74,462,000 shall be available for the Office of the 
     Chief Financial Officer;
       (2) $107,254,000 shall be available for the Office of the 
     General Counsel, of which not less than $20,050,000 shall be 
     for the Departmental Enforcement Center;
       (3) $207,693,000 shall be available for the Office of 
     Administration, of which not more than $10,000,000 may be for 
     modernizing the Weaver Building and space consolidation;
       (4) $38,933,000 shall be available for the Office of the 
     Chief Human Capital Officer;
       (5) $59,652,000 shall be available for the Office of Field 
     Policy and Management;
       (6) $21,013,000 shall be available for the Office of the 
     Chief Procurement Officer;
       (7) $4,239,000 shall be available for the Office of 
     Departmental Equal Employment Opportunity; and
       (8) $63,443,000 shall be available for the Office of the 
     Chief Information Officer:
       Provided further, That funds made available under this 
     heading may be used for necessary administrative and non-
     administrative expenses of the Department, not otherwise 
     provided for, including purchase of uniforms, or allowances 
     therefor, as authorized by sections 5901 and 5902 of title 5, 
     United States Code; hire of passenger motor vehicles; and 
     services as authorized by section 3109 of title 5, United 
     States Code:  Provided further, That notwithstanding any 
     other provision of law, funds appropriated under this heading 
     may be used for advertising and promotional activities that 
     directly support program activities funded in this title:  
     Provided further, That the Secretary shall provide the House 
     and Senate Committees on Appropriations quarterly written 
     notification regarding the status of pending congressional 
     reports:  Provided further, That the Secretary shall provide 
     in electronic form all signed reports required by Congress:  
     Provided further, That not more than 10 percent of the funds 
     made available under this heading for the Office of the Chief 
     Financial Officer for the financial transformation initiative 
     may be obligated until the Secretary submits to the House and 
     Senate Committees on Appropriations, for approval, a plan for 
     expenditure that includes the financial and internal control 
     capabilities to be delivered and the mission benefits to be 
     realized, key milestones to be met, and the relationship 
     between the proposed use of funds made available under this 
     heading and the projected total cost and scope of the 
     initiative.

                            program offices

       For necessary salaries and expenses for Program Offices, 
     $904,673,000, to remain available until September 30, 2022:  
     Provided, That of the sums appropriated under this heading--
       (1) $243,056,000 shall be available for the Office of 
     Public and Indian Housing;
       (2) $131,107,000 shall be available for the Office of 
     Community Planning and Development;
       (3) $404,194,000 shall be available for the Office of 
     Housing, of which not less than $13,200,000 shall be for the 
     Office of Recapitalization;
       (4) $36,250,000 shall be available for the Office of Policy 
     Development and Research;
       (5) $79,763,000 shall be available for the Office of Fair 
     Housing and Equal Opportunity; and
       (6) $10,303,000 shall be available for the Office of Lead 
     Hazard Control and Healthy Homes.

                          working capital fund

                     (including transfer of funds)

       For the working capital fund for the Department of Housing 
     and Urban Development (referred to in this paragraph as the 
     ``Fund''), pursuant, in part, to section 7(f) of the 
     Department of Housing and Urban Development Act (42 U.S.C. 
     3535(f)), amounts transferred, including reimbursements 
     pursuant to section 7(f), to the Fund under this heading 
     shall be available only for Federal shared services used by 
     offices and agencies of the Department, and for any such 
     portion of any office or agency's printing, records 
     management, space renovation, furniture, or supply services 
     the Secretary has determined shall be provided through the 
     Fund, and the operational expenses of the Fund:  Provided, 
     That amounts within the Fund shall not be available to 
     provide services not specifically authorized under this 
     heading:  Provided further, That upon a determination by the 
     Secretary that any other service (or portion thereof) 
     authorized under this heading shall be provided through the 
     Fund, amounts made available in this title for salaries and 
     expenses under the headings ``Executive Offices'', 
     ``Administrative Support Offices'', ``Program Offices'', and 
     ``Government National Mortgage Association'', for such 
     services shall be transferred to the Fund, to remain 
     available until expended:  Provided further, That the 
     Secretary shall notify

[[Page H7507]]

     the House and Senate Committees on Appropriations of its 
     plans for executing such transfers at least 15 days in 
     advance of such transfers.

                       Public and Indian Housing

                     tenant-based rental assistance

       For activities and assistance for the provision of tenant-
     based rental assistance authorized under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) (in 
     this title ``the Act''), not otherwise provided for, 
     $21,777,439,000, to remain available until expended, which 
     shall be available on October 1, 2020 (in addition to the 
     $4,000,000,000 previously appropriated under this heading 
     that shall be available on October 1, 2020), and 
     $4,000,000,000, to remain available until expended, which 
     shall be available on October 1, 2021:  Provided, That the 
     amounts made available under this heading are provided as 
     follows:
       (1) $23,080,000,000 shall be available for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including renewals of enhanced vouchers under any 
     provision of law authorizing such assistance under section 
     8(t) of the Act) and including renewal of other special 
     purpose incremental vouchers:  Provided, That notwithstanding 
     any other provision of law, from amounts provided under this 
     paragraph and any carryover, the Secretary for the calendar 
     year 2021 funding cycle shall provide renewal funding for 
     each public housing agency based on validated voucher 
     management system (VMS) leasing and cost data for the prior 
     calendar year and by applying an inflation factor as 
     established by the Secretary, by notice published in the 
     Federal Register, and by making any necessary adjustments for 
     the costs associated with the first-time renewal of vouchers 
     under this paragraph including tenant protection and Choice 
     Neighborhoods vouchers:  Provided further, That none of the 
     funds provided under this paragraph may be used to fund a 
     total number of unit months under lease which exceeds a 
     public housing agency's authorized level of units under 
     contract, except for public housing agencies participating in 
     the Moving to Work (MTW) demonstration, which are instead 
     governed in accordance with the requirements of the MTW 
     demonstration program or their MTW agreements, if any:  
     Provided further, That the Secretary shall, to the extent 
     necessary to stay within the amount specified under this 
     paragraph (except as otherwise modified under this 
     paragraph), prorate each public housing agency's allocation 
     otherwise established pursuant to this paragraph:  Provided 
     further, That except as provided in the following provisos, 
     the entire amount specified under this paragraph (except as 
     otherwise modified under this paragraph) shall be obligated 
     to the public housing agencies based on the allocation and 
     pro rata method described above, and the Secretary shall 
     notify public housing agencies of their annual budget by the 
     latter of 60 days after enactment of this Act or March 1, 
     2021:  Provided further, That the Secretary may extend the 
     notification period with the prior written approval of the 
     House and Senate Committees on Appropriations:  Provided 
     further, That public housing agencies participating in the 
     MTW demonstration shall be funded in accordance with the 
     requirements of the MTW demonstration program or their MTW 
     agreements, if any, and shall be subject to the same pro rata 
     adjustments under the previous provisos:  Provided further, 
     That the Secretary may offset public housing agencies' 
     calendar year 2021 allocations based on the excess amounts of 
     public housing agencies' net restricted assets accounts, 
     including HUD-held programmatic reserves (in accordance with 
     VMS data in calendar year 2020 that is verifiable and 
     complete), as determined by the Secretary:  Provided further, 
     That public housing agencies participating in the MTW 
     demonstration shall also be subject to the offset, as 
     determined by the Secretary, excluding amounts subject to the 
     single fund budget authority provisions of their MTW 
     agreements, from the agencies' calendar year 2021 MTW funding 
     allocation:  Provided further, That the Secretary shall use 
     any offset referred to in the previous two provisos 
     throughout the calendar year to prevent the termination of 
     rental assistance for families as the result of insufficient 
     funding, as determined by the Secretary, and to avoid or 
     reduce the proration of renewal funding allocations:  
     Provided further, That up to $110,000,000 shall be available 
     only: (1) for adjustments in the allocations for public 
     housing agencies, after application for an adjustment by a 
     public housing agency that experienced a significant 
     increase, as determined by the Secretary, in renewal costs of 
     vouchers (including Mainstream vouchers) resulting from 
     unforeseen circumstances or from portability under section 
     8(r) of the Act; (2) for vouchers that were not in use during 
     the previous 12-month period in order to be available to meet 
     a commitment pursuant to section 8(o)(13) of the Act, or an 
     adjustment for a funding obligation not yet expended in the 
     previous calendar year for a MTW-eligible activity to develop 
     affordable housing for an agency added to the MTW 
     demonstration under the expansion authority provided in 
     section 239 of the Transportation, Housing and Urban 
     Development, and Related Agencies Appropriations Act, 2016 
     (division L of Public Law 114-113); (3) for adjustments for 
     costs associated with HUD-Veterans Affairs Supportive Housing 
     (HUD-VASH) vouchers; (4) for public housing agencies that 
     despite taking reasonable cost savings measures, as 
     determined by the Secretary, would otherwise be required to 
     terminate rental assistance for families, including 
     Mainstream families, as a result of insufficient funding; (5) 
     for adjustments in the allocations for public housing 
     agencies that (i) are leasing a lower-than-average percentage 
     of their authorized vouchers, (ii) have low amounts of budget 
     authority in their net restricted assets accounts and HUD-
     held programmatic reserves, relative to other agencies, and 
     (iii) are not participating in the Moving to Work 
     demonstration, to enable such agencies to lease more 
     vouchers; and (6) for public housing agencies that have 
     experienced increased costs or loss of units in an area for 
     which the President declared a disaster under title IV of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5170 et seq.):  Provided further, That the 
     Secretary shall allocate amounts under the previous proviso 
     based on need, as determined by the Secretary;
       (2) $116,000,000 shall be for section 8 rental assistance 
     for relocation and replacement of housing units that are 
     demolished or disposed of pursuant to section 18 of the Act, 
     conversion of section 23 projects to assistance under section 
     8, the family unification program under section 8(x) of the 
     Act, relocation of witnesses (including victims of violent 
     crimes) in connection with efforts to combat crime in public 
     and assisted housing pursuant to a request from a law 
     enforcement or prosecution agency, enhanced vouchers under 
     any provision of law authorizing such assistance under 
     section 8(t) of the Act, Choice Neighborhood vouchers, 
     mandatory and voluntary conversions, and tenant protection 
     assistance including replacement and relocation assistance or 
     for project-based assistance to prevent the displacement of 
     unassisted elderly tenants currently residing in section 202 
     properties financed between 1959 and 1974 that are refinanced 
     pursuant to Public Law 106-569, as amended, or under the 
     authority as provided under this Act:  Provided, That when a 
     public housing development is submitted for demolition or 
     disposition under section 18 of the Act, the Secretary may 
     provide section 8 rental assistance when the units pose an 
     imminent health and safety risk to residents:  Provided 
     further, That the Secretary may provide section 8 rental 
     assistance from amounts made available under this paragraph 
     for units assisted under a project-based subsidy contract 
     funded under the ``Project-Based Rental Assistance'' heading 
     under this title where the owner has received a Notice of 
     Default and the units pose an imminent health and safety risk 
     to residents:  Provided further, That to the extent that the 
     Secretary determines that such units are not feasible for 
     continued rental assistance payments or transfer of the 
     subsidy contract associated with such units to another 
     project or projects and owner or owners, any remaining 
     amounts associated with such units under such contract shall 
     be recaptured and used to reimburse amounts used under this 
     paragraph for rental assistance under the previous proviso:  
     Provided further, That of the amounts made available under 
     this paragraph, at least $5,000,000 may be available to 
     provide tenant protection assistance, not otherwise provided 
     under this paragraph, to residents residing in low vacancy 
     areas and who may have to pay rents greater than 30 percent 
     of household income, as the result of: (A) the maturity of a 
     HUD-insured, HUD-held or section 202 loan that requires the 
     permission of the Secretary prior to loan prepayment; (B) the 
     expiration of a rental assistance contract for which the 
     tenants are not eligible for enhanced voucher or tenant 
     protection assistance under existing law; or (C) the 
     expiration of affordability restrictions accompanying a 
     mortgage or preservation program administered by the 
     Secretary:  Provided further, That such tenant protection 
     assistance made available under the previous proviso may be 
     provided under the authority of section 8(t) or section 
     8(o)(13) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(t)):  Provided further, That the Secretary shall issue 
     guidance to implement the previous provisos, including, but 
     not limited to, requirements for defining eligible at-risk 
     households within 60 days of the enactment of this Act:  
     Provided further, That any tenant protection voucher made 
     available from amounts under this paragraph shall not be 
     reissued by any public housing agency, except the replacement 
     vouchers as defined by the Secretary by notice, when the 
     initial family that received any such voucher no longer 
     receives such voucher, and the authority for any public 
     housing agency to issue any such voucher shall cease to 
     exist:  Provided further, That the Secretary may only provide 
     replacement vouchers for units that were occupied within the 
     previous 24 months that cease to be available as assisted 
     housing, subject only to the availability of funds;
       (3) $2,159,000,000 shall be for administrative and other 
     expenses of public housing agencies in administering the 
     section 8 tenant-based rental assistance program, of which up 
     to $30,000,000 shall be available to the Secretary to 
     allocate to public housing agencies that need additional 
     funds to administer their section 8 programs, including fees 
     associated with section 8 tenant protection rental 
     assistance, the administration of disaster related vouchers, 
     HUD-VASH vouchers, and other special purpose incremental 
     vouchers:  Provided, That no less than $2,129,000,000 of the 
     amount provided in this paragraph shall be allocated to 
     public housing agencies for the calendar year 2021 funding 
     cycle based on section 8(q) of the Act (and related 
     Appropriation Act provisions) as in effect immediately before 
     the enactment of the Quality Housing and Work Responsibility 
     Act of 1998 (Public Law 105-276):  Provided further, That if 
     the amounts made available under this paragraph are 
     insufficient to pay the amounts determined under the previous 
     proviso, the Secretary may decrease the amounts allocated to 
     agencies by a uniform percentage applicable to all agencies 
     receiving funding under this paragraph or may, to the extent 
     necessary to provide full payment of amounts determined under 
     the previous proviso, utilize unobligated balances, including 
     recaptures and carryover, remaining from funds appropriated 
     to the Department of Housing and Urban Development under this 
     heading from prior fiscal years, excluding special purpose 
     vouchers, notwithstanding the purposes for

[[Page H7508]]

     which such amounts were appropriated:  Provided further, That 
     all public housing agencies participating in the MTW 
     demonstration shall be funded in accordance with the 
     requirements of the MTW demonstration program or their MTW 
     agreements, if any, and shall be subject to the same uniform 
     percentage decrease as under the previous proviso:  Provided 
     further, That amounts provided under this paragraph shall be 
     only for activities related to the provision of tenant-based 
     rental assistance authorized under section 8, including 
     related development activities;
       (4) $314,000,000 for the renewal of tenant-based assistance 
     contracts under section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013), including necessary 
     administrative expenses:  Provided, That administrative and 
     other expenses of public housing agencies in administering 
     the special purpose vouchers in this paragraph shall be 
     funded under the same terms and be subject to the same pro 
     rata reduction as the percent decrease for administrative and 
     other expenses to public housing agencies under paragraph (3) 
     of this heading:  Provided further, That upon turnover, 
     section 811 special purpose vouchers funded under this 
     heading in this or prior Acts, or under any other heading in 
     prior Acts, shall be provided to non-elderly persons with 
     disabilities;
       (5) Of the amounts provided under paragraph (1) up to 
     $5,000,000 shall be for rental assistance and associated 
     administrative fees for Tribal HUD-VASH to serve Native 
     American veterans that are homeless or at-risk of 
     homelessness living on or near a reservation or other Indian 
     areas:  Provided, That such amount shall be made available 
     for renewal grants to recipients that received assistance 
     under prior Acts under the Tribal HUD-VASH program:  Provided 
     further, That the Secretary shall be authorized to specify 
     criteria for renewal grants, including data on the 
     utilization of assistance reported by grant recipients:  
     Provided further, That such assistance shall be administered 
     in accordance with program requirements under the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 and modeled after the HUD-VASH program:  Provided 
     further, That the Secretary shall be authorized to waive, or 
     specify alternative requirements for any provision of any 
     statute or regulation that the Secretary administers in 
     connection with the use of funds made available under this 
     paragraph (except for requirements related to fair housing, 
     nondiscrimination, labor standards, and the environment), 
     upon a finding by the Secretary that any such waivers or 
     alternative requirements are necessary for the effective 
     delivery and administration of such assistance:  Provided 
     further, That grant recipients shall report to the Secretary 
     on utilization of such rental assistance and other program 
     data, as prescribed by the Secretary:  Provided further, That 
     the Secretary may reallocate, as determined by the Secretary, 
     amounts returned or recaptured from awards under the Tribal 
     HUD-VASH program under prior Acts to existing recipients 
     under the Tribal HUD-VASH program;
       (6) $40,000,000 for incremental rental voucher assistance 
     for use through a supported housing program administered in 
     conjunction with the Department of Veterans Affairs as 
     authorized under section 8(o)(19) of the United States 
     Housing Act of 1937:  Provided, That the Secretary of Housing 
     and Urban Development shall make such funding available, 
     notwithstanding section 203 (competition provision) of this 
     title, to public housing agencies that partner with eligible 
     VA Medical Centers or other entities as designated by the 
     Secretary of the Department of Veterans Affairs, based on 
     geographical need for such assistance as identified by the 
     Secretary of the Department of Veterans Affairs, public 
     housing agency administrative performance, and other factors 
     as specified by the Secretary of Housing and Urban 
     Development in consultation with the Secretary of the 
     Department of Veterans Affairs:  Provided further, That the 
     Secretary of Housing and Urban Development may waive, or 
     specify alternative requirements for (in consultation with 
     the Secretary of the Department of Veterans Affairs), any 
     provision of any statute or regulation that the Secretary of 
     Housing and Urban Development administers in connection with 
     the use of funds made available under this paragraph (except 
     for requirements related to fair housing, nondiscrimination, 
     labor standards, and the environment), upon a finding by the 
     Secretary that any such waivers or alternative requirements 
     are necessary for the effective delivery and administration 
     of such voucher assistance:  Provided further, That 
     assistance made available under this paragraph shall continue 
     to remain available for homeless veterans upon turn-over;
       (7) $25,000,000 shall be made available for the family 
     unification program as authorized under section 8(x) of the 
     Act:  Provided, That the amounts made available under this 
     paragraph are provided as follows:
       (A) $5,000,000 shall be for new incremental voucher 
     assistance:  Provided, That the assistance made available 
     under this subparagraph shall continue to remain available 
     for family unification upon turnover; and
       (B) $20,000,000 shall be for new incremental voucher 
     assistance to assist eligible youth as defined by such 
     section 8(x)(2)(B):  Provided, That assistance made available 
     under this subparagraph shall continue to remain available 
     for such eligible youth upon turnover:  Provided further, 
     That of the total amount made available under this 
     subparagraph, up to $10,000,000 shall be available on a 
     noncompetitive basis to public housing agencies that partner 
     with public child welfare agencies to identify such eligible 
     youth, that request such assistance to timely assist such 
     eligible youth, and that meet any other criteria as specified 
     by the Secretary:  Provided further, That the Secretary shall 
     review utilization of the assistance made available under the 
     previous proviso, at an interval to be determined by the 
     Secretary, and unutilized voucher assistance that is no 
     longer needed shall be recaptured by the Secretary and 
     reallocated pursuant to the previous proviso:
       Provided further, That for any public housing agency 
     administering voucher assistance appropriated in a prior Act 
     under the family unification program, or made available and 
     competitively selected under this paragraph, that determines 
     that it no longer has an identified need for such assistance 
     upon turnover, such agency shall notify the Secretary, and 
     the Secretary shall recapture such assistance from the agency 
     and reallocate it to any other public housing agency or 
     agencies based on need for voucher assistance in connection 
     with such specified program or eligible youth, as applicable;
       (8) $43,439,000 shall be for incremental rental voucher 
     assistance under section 8(o) of the United States Housing 
     Act of 1937 for use by individuals and families who are 
     homeless, as defined in section 103(a) of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11302(a)), at risk of 
     homelessness, as defined in section 401(1) of the McKinney-
     Vento Homeless Assistance Act (42 U.S.C. 11360(1)), fleeing, 
     or attempting to flee, domestic violence, dating violence, 
     sexual assault, or stalking, or veterans and families that 
     include a veteran family member that meet one of the 
     preceding criteria:  Provided, That assistance made available 
     under this paragraph shall continue to remain available for 
     such eligible individuals and families upon turnover:  
     Provided further, That the Secretary shall make such funding 
     available, notwithstanding section 203 of this title 
     (competition provision) to public housing agencies that 
     partner with eligible continuums of care or other entities as 
     designated by the Secretary, based on geographical need of 
     such assistance, public housing agency administrative 
     performance, and other factors as specified by the Secretary: 
      Provided further, That the Secretary shall review 
     utilization of the assistance made available under the 
     preceding proviso, at an interval to be determined by the 
     Secretary, and unutilized voucher assistance that is no 
     longer needed shall be recaptured by the Secretary and 
     reallocated pursuant to the preceding proviso:  Provided 
     further, That, the Secretary shall give preference to 
     applicants that demonstrate a strategy to coordinate 
     assistance with services available in the community:  
     Provided further, That none of the funds provided in this 
     paragraph may be used to require people experiencing 
     homelessness to receive treatment or perform any other 
     prerequisite activities as a condition for receiving shelter, 
     housing or other services:  Provided further, That the 
     Secretary shall issue guidance to implement the preceding 
     proviso; and
       (9) the Secretary shall separately track all special 
     purpose vouchers funded under this heading.

                        housing certificate fund

                        (including rescissions)

       Unobligated balances, including recaptures and carryover, 
     remaining from funds appropriated to the Department of 
     Housing and Urban Development under this heading, the heading 
     ``Annual Contributions for Assisted Housing'' and the heading 
     ``Project-Based Rental Assistance'', for fiscal year 2021 and 
     prior years may be used for renewal of or amendments to 
     section 8 project-based contracts and for performance-based 
     contract administrators, notwithstanding the purposes for 
     which such funds were appropriated:  Provided, That any 
     obligated balances of contract authority from fiscal year 
     1974 and prior fiscal years that have been terminated shall 
     be rescinded:  Provided further, That amounts heretofore 
     recaptured, or recaptured during the current fiscal year, 
     from section 8 project-based contracts from source years 
     fiscal year 1975 through fiscal year 1987 are hereby 
     rescinded, and an amount of additional new budget authority, 
     equivalent to the amount rescinded is hereby appropriated, to 
     remain available until expended, for the purposes set forth 
     under this heading, in addition to amounts otherwise 
     available.

                          public housing fund

       For the operation and management of public housing, as 
     authorized by section 9(e) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437g(e)) (the``Act''), and to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9(d) of the Act (42 
     U.S.C. 1437g(d)), $7,806,000,000, to remain available until 
     September 30, 2024:  Provided, That the amounts made 
     available under this heading are provided as follows:
       (1) $4,839,000,000 shall be available to the Secretary to 
     allocate pursuant to the Operating Fund formula at part 990 
     of title 24, Code of Federal Regulations, for 2021 payments;
       (2) $25,000,000 shall be available to the Secretary to 
     allocate pursuant to a need-based application process 
     notwithstanding section 203 of this title and not subject to 
     such Operating Fund formula to public housing agencies that 
     experience, or are at risk of, financial shortfalls, as 
     determined by the Secretary:  Provided, That after all such 
     shortfall needs are met, the Secretary may distribute any 
     remaining funds to all public housing agencies on a pro-rata 
     basis pursuant to such Operating Fund formula;
       (3) $2,765,000,000 shall be available to the Secretary to 
     allocate pursuant to the Capital Fund formula at section 
     905.400 of title 24, Code of Federal Regulations:  Provided, 
     That for funds provided under this paragraph, the limitation 
     in section 9(g)(1) of the Act shall be 25 percent:  Provided 
     further, That the Secretary may waive the limitation in the 
     previous proviso to allow public housing agencies to fund 
     activities authorized under section 9(e)(1)(C) of the Act:  
     Provided further, That the Secretary shall notify public 
     housing agencies requesting waivers under the previous 
     proviso if the request is approved or denied within 14 days 
     of submitting

[[Page H7509]]

     the request:  Provided further, That from the funds made 
     available under this paragraph, the Secretary shall provide 
     bonus awards in fiscal year 2021 to public housing agencies 
     that are designated high performers:  Provided further, That 
     the Department shall notify public housing agencies of their 
     formula allocation within 60 days of enactment of this Act;
       (4) $75,000,000 shall be available for the Secretary to 
     make grants, notwithstanding section 203 of this title, to 
     public housing agencies for emergency capital needs, 
     including safety and security measures necessary to address 
     crime and drug-related activity, as well as needs resulting 
     from unforeseen or unpreventable emergencies and natural 
     disasters excluding Presidentially declared emergencies and 
     natural disasters under the Robert T. Stafford Disaster 
     Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring 
     in fiscal year 2021, of which $45,000,000 shall be available 
     for public housing agencies under administrative and judicial 
     receiverships or under the control of a Federal monitor:  
     Provided, That of the amount made available under this 
     paragraph, not less than $10,000,000 shall be for safety and 
     security measures:  Provided further, That in addition to the 
     amount in the previous proviso for such safety and security 
     measures, any amounts that remain available, after all 
     applications received on or before September 30, 2022, for 
     emergency capital needs have been processed, shall be 
     allocated to public housing agencies for such safety and 
     security measures;
       (5) $25,000,000 shall be for competitive grants to public 
     housing agencies to evaluate and reduce lead-based paint 
     hazards in public housing by carrying out the activities of 
     risk assessments, abatement, and interim controls (as those 
     terms are defined in section 1004 of the Residential Lead-
     Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)):  
     Provided, That for purposes of environmental review, a grant 
     under this paragraph shall be considered funds for projects 
     or activities under title I of the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 
     of such Act (42 U.S.C. 1437x) and shall be subject to the 
     regulations implementing such section;
       (6) $35,000,000 shall be for competitive grants to public 
     housing agencies for activities authorized under the Healthy 
     Homes Initiative, pursuant to sections 501 and 502 of the 
     Housing and Urban Development Act of 1970, which shall 
     include research, studies, testing, and demonstration 
     efforts, including education and outreach concerning mold, 
     radon, carbon monoxide poisoning, and other housing-related 
     diseases and hazards;
       (7) $15,000,000 shall be to support the costs of 
     administrative and judicial receiverships and for competitive 
     grants to PHAs in receivership, designated troubled or 
     substandard, or otherwise at risk, as determined by the 
     Secretary, for costs associated with public housing asset 
     improvement, in addition to other amounts for that purpose 
     provided under any heading under this title;
       (8) $23,000,000 shall be to support ongoing public housing 
     financial and physical assessment activities; and
       (9) $4,000,000 shall be for a radon testing and mitigation 
     resident safety demonstration program (the radon 
     demonstration) in public housing:  Provided, That the testing 
     method, mitigation method, or action level used under the 
     radon demonstration shall be as specified by applicable State 
     or local law, if such law is more protective of human health 
     or the environment than the method or level specified by the 
     Secretary:
       Provided further, That notwithstanding any other provision 
     of law or regulation, during fiscal year 2021, the Secretary 
     of Housing and Urban Development may not delegate to any 
     Department official other than the Deputy Secretary and the 
     Assistant Secretary for Public and Indian Housing any 
     authority under paragraph (2) of section 9(j) of the Act 
     regarding the extension of the time periods under such 
     section:  Provided further, That for purposes of such section 
     9(j), the term ``obligate'' means, with respect to amounts, 
     that the amounts are subject to a binding agreement that will 
     result in outlays, immediately or in the future.

                    choice neighborhoods initiative

       For competitive grants under the Choice Neighborhoods 
     Initiative (subject to section 24 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437v) unless otherwise 
     specified under this heading), for transformation, 
     rehabilitation, and replacement housing needs of both public 
     and HUD-assisted housing and to transform neighborhoods of 
     poverty into functioning, sustainable mixed income 
     neighborhoods with appropriate services, schools, public 
     assets, transportation and access to jobs, $200,000,000, to 
     remain available until September 30, 2023:  Provided, That 
     grant funds may be used for resident and community services, 
     community development, and affordable housing needs in the 
     community, and for conversion of vacant or foreclosed 
     properties to affordable housing:  Provided further, That the 
     use of funds made available under this heading shall not be 
     deemed to be for public housing notwithstanding section 
     3(b)(1) of such Act:  Provided further, That grantees shall 
     commit to an additional period of affordability determined by 
     the Secretary of not fewer than 20 years:  Provided further, 
     That grantees shall provide a match in State, local, other 
     Federal or private funds:  Provided further, That grantees 
     may include local governments, Tribal entities, public 
     housing agencies, and nonprofit organizations:  Provided 
     further, That for-profit developers may apply jointly with a 
     public entity:  Provided further, That for purposes of 
     environmental review, a grantee shall be treated as a public 
     housing agency under section 26 of the United States Housing 
     Act of 1937 (42 U.S.C. 1437x), and grants made with amounts 
     available under this heading shall be subject to the 
     regulations issued by the Secretary to implement such 
     section:  Provided further, That of the amount provided under 
     this heading, not less than $100,000,000 shall be awarded to 
     public housing agencies:  Provided further, That such 
     grantees shall create partnerships with other local 
     organizations, including assisted housing owners, service 
     agencies, and resident organizations:  Provided further, That 
     the Secretary shall consult with the Secretaries of 
     Education, Labor, Transportation, Health and Human Services, 
     Agriculture, and Commerce, the Attorney General, and the 
     Administrator of the Environmental Protection Agency to 
     coordinate and leverage other appropriate Federal resources:  
     Provided further, That not more than $5,000,000 of funds made 
     available under this heading may be provided as grants to 
     undertake comprehensive local planning with input from 
     residents and the community:  Provided further, That 
     unobligated balances, including recaptures, remaining from 
     funds appropriated under the heading ``Revitalization of 
     Severely Distressed Public Housing (HOPE VI)'' in fiscal year 
     2011 and prior fiscal years may be used for purposes under 
     this heading, notwithstanding the purposes for which such 
     amounts were appropriated:  Provided further, That the 
     Secretary shall make grant awards not later than 1 year after 
     the date of enactment of this Act in such amounts that the 
     Secretary determines:  Provided further, That notwithstanding 
     section 24(o) of the United States Housing Act of 1937 (42 
     U.S.C. 1437v(o)), the Secretary may, until September 30, 
     2023, obligate any available unobligated balances made 
     available under this heading in this or any prior Act.

                       self-sufficiency programs

       For activities and assistance related to Self-Sufficiency 
     Programs, to remain available until September 30, 2024, 
     $155,000,000:  Provided, That the amounts made available 
     under this heading are provided as follows:
       (1) $105,000,000 shall be for the Family Self-Sufficiency 
     program to support family self-sufficiency coordinators under 
     section 23 of the United States Housing Act of 1937 (42 
     U.S.C. 1437u), to promote the development of local strategies 
     to coordinate the use of assistance under sections 8 and 9 of 
     such Act with public and private resources, and enable 
     eligible families to achieve economic independence and self-
     sufficiency:  Provided, That the Secretary may, by Federal 
     Register notice, waive or specify alternative requirements 
     under subsections (b)(3), (b)(4), (b)(5), or (c)(1) of 
     section 23 of such Act in order to facilitate the operation 
     of a unified self-sufficiency program for individuals 
     receiving assistance under different provisions of such Act, 
     as determined by the Secretary:  Provided further, That 
     owners or sponsors of a multifamily property receiving 
     project-based rental assistance under section 8 of such Act 
     may voluntarily make a Family Self-Sufficiency program 
     available to the assisted tenants of such property in 
     accordance with procedures established by the Secretary:  
     Provided further, That such procedures established pursuant 
     to the previous proviso shall permit participating tenants to 
     accrue escrow funds in accordance with section 23(d)(2) of 
     such Act and shall allow owners to use funding from residual 
     receipt accounts to hire coordinators for their own Family 
     Self-Sufficiency program;
       (2) $35,000,000 shall be for the Resident Opportunity and 
     Self-Sufficiency program to provide for supportive services, 
     service coordinators, and congregate services as authorized 
     by section 34 of the United States Housing Act of 1937 (42 
     U.S.C. 1437z-6) and the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.); 
     and
       (3) $15,000,000 shall be for a Jobs-Plus initiative, 
     modeled after the Jobs-Plus demonstration:  Provided, That 
     funding provided under this paragraph shall be available for 
     competitive grants to partnerships between public housing 
     authorities, local workforce investment boards established 
     under section 107 of the Workforce Innovation and Opportunity 
     Act of 2014 (29 U.S.C. 3122), and other agencies and 
     organizations that provide support to help public housing 
     residents obtain employment and increase earnings:  Provided 
     further, That applicants must demonstrate the ability to 
     provide services to residents, partner with workforce 
     investment boards, and leverage service dollars:  Provided 
     further, That the Secretary may allow public housing agencies 
     to request exemptions from rent and income limitation 
     requirements under sections 3 and 6 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to 
     implement the Jobs-Plus program, on such terms and conditions 
     as the Secretary may approve upon a finding by the Secretary 
     that any such waivers or alternative requirements are 
     necessary for the effective implementation of the Jobs-Plus 
     initiative as a voluntary program for residents:  Provided 
     further, That the Secretary shall publish by notice in the 
     Federal Register any waivers or alternative requirements 
     pursuant to the preceding proviso no later than 10 days 
     before the effective date of such notice.

                        native american programs

       For activities and assistance authorized under title I of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I of 
     the Housing and Community Development Act of 1974 with 
     respect to Indian tribes (42 U.S.C. 5306(a)(1)), and related 
     training and technical assistance, $825,000,000, to remain 
     available until September 30, 2025:  Provided, That the 
     amounts made available under this heading are provided as 
     follows:
       (1) $647,000,000 shall be available for the Native American 
     Housing Block Grants program,

[[Page H7510]]

     as authorized under title I of NAHASDA:  Provided, That, 
     notwithstanding NAHASDA, to determine the amount of the 
     allocation under title I of such Act for each Indian tribe, 
     the Secretary shall apply the formula under section 302 of 
     NAHASDA with the need component based on single-race census 
     data and with the need component based on multi-race census 
     data, and the amount of the allocation for each Indian tribe 
     shall be the greater of the two resulting allocation amounts: 
      Provided further, That the Secretary will notify grantees of 
     their formula allocation within 60 days of the date of 
     enactment of this Act;
       (2) $100,000,000 shall be available for competitive grants 
     under the Native American Housing Block Grants program, as 
     authorized under title I of NAHASDA:  Provided, That the 
     Secretary shall obligate this additional amount for 
     competitive grants to eligible recipients authorized under 
     NAHASDA that apply for funds:  Provided further, That in 
     awarding this additional amount, the Secretary shall consider 
     need and administrative capacity, and shall give priority to 
     projects that will spur construction and rehabilitation of 
     housing:  Provided further, That a grant funded pursuant to 
     this paragraph shall be in an amount not less than $500,000 
     and not greater than $10,000,000:  Provided further, That any 
     funds transferred for the necessary costs of administering 
     and overseeing the obligation and expenditure of such 
     additional amounts in prior Acts may also be used for the 
     necessary costs of administering and overseeing such 
     additional amount;
       (3) $1,000,000 shall be available for the cost of 
     guaranteed notes and other obligations, as authorized by 
     title VI of NAHASDA:  Provided, That such costs, including 
     the costs of modifying such notes and other obligations, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974, as amended:  Provided further, That for 
     fiscal year 2021 funds made available in this Act for the 
     cost of guaranteed notes and other obligations and any 
     unobligated balances, including recaptures and carryover, 
     remaining from amounts appropriated for this purpose under 
     this heading or under the heading ``Native American Housing 
     Block Grants'' in prior Acts are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $45,649,452;
       (4) $70,000,000 shall be available for grants to Indian 
     tribes for carrying out the Indian Community Development 
     Block Grant program under title I of the Housing and 
     Community Development Act of 1974, notwithstanding section 
     106(a)(1) of such Act, of which, notwithstanding any other 
     provision of law (including section 203 of this Act), up to 
     $4,000,000 may be used for emergencies that constitute 
     imminent threats to health and safety:  Provided, That not to 
     exceed 20 percent of any grant made with funds appropriated 
     under this paragraph shall be expended for planning and 
     management development and administration; and
       (5) $7,000,000 shall be available for providing training 
     and technical assistance to Indian tribes, Indian housing 
     authorities, and tribally designated housing entities, to 
     support the inspection of Indian housing units, contract 
     expertise, and for training and technical assistance related 
     to funding provided under this heading and other headings 
     under this Act for the needs of Native American families and 
     Indian country:  Provided, That of the funds made available 
     under this paragraph, not less than $2,000,000 shall be 
     available for a national organization as authorized under 
     section 703 of NAHASDA (25 U.S.C. 4212):  Provided further, 
     That amounts made available under this paragraph may be used, 
     contracted, or competed as determined by the Secretary:  
     Provided further, That notwithstanding the provisions of the 
     Federal Grant and Cooperative Agreements Act of 1977 (31 
     U.S.C. 6301-6308), the amounts made available under this 
     paragraph may be used by the Secretary to enter into 
     cooperative agreements with public and private organizations, 
     agencies, institutions, and other technical assistance 
     providers to support the administration of negotiated 
     rulemaking under section 106 of NAHASDA (25 U.S.C. 4116), the 
     administration of the allocation formula under section 302 of 
     NAHASDA (25 U.S.C. 4152), and the administration of 
     performance tracking and reporting under section 407 of 
     NAHASDA (25 U.S.C. 4167).

           indian housing loan guarantee fund program account

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $1,500,000, to remain available until 
     expended:  Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974:  Provided further, That 
     an additional $500,000, to remain available until expended, 
     shall be available for administrative contract expenses 
     including management processes to carry out the loan 
     guarantee program:  Provided further, That for fiscal year 
     2021 funds made available in this and prior Acts for the cost 
     of guaranteed loans, as authorized by section 184 of the 
     Housing and Community Development Act of 1992 (12 U.S.C. 
     1715z-13a), that are unobligated, including recaptures and 
     carryover, are available to subsidize total loan principal, 
     any part of which is to be guaranteed, up to $1,000,000,000.

                  native hawaiian housing block grant

       For the Native Hawaiian Housing Block Grant program, as 
     authorized under title VIII of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (25 U.S.C. 4221 
     et seq.), $2,000,000, to remain available until September 30, 
     2025:  Provided, That notwithstanding section 812(b) of such 
     Act, the Department of Hawaiian Home Lands may not invest 
     grant amounts made available under this heading in investment 
     securities and other obligations:  Provided further, That 
     amounts made available under this heading in this and prior 
     fiscal years may be used to provide rental assistance to 
     eligible Native Hawaiian families both on and off the 
     Hawaiian Home Lands, notwithstanding any other provision of 
     law.

                   Community Planning and Development

              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $430,000,000, to remain 
     available until September 30, 2022, except that amounts 
     allocated pursuant to section 854(c)(5) of such Act shall 
     remain available until September 30, 2023:  Provided, That 
     the Secretary shall renew or replace all expiring contracts 
     for permanent supportive housing that initially were funded 
     under section 854(c)(5) of such Act from funds made available 
     under this heading in fiscal year 2010 and prior fiscal years 
     that meet all program requirements before awarding funds for 
     new contracts under such section:  Provided further, That the 
     process for submitting amendments and approving replacement 
     contracts shall be established by the Secretary in a notice:  
     Provided further, That the Department shall notify grantees 
     of their formula allocation within 60 days of enactment of 
     this Act.

                       community development fund

       For carrying out the community development block grant 
     program under title I of the Housing and Community 
     Development Act of 1974, as amended (42 U.S.C. 5301 et seq.) 
     (in this heading ``the Act''), $3,475,000,000, to remain 
     available until September 30, 2023, unless otherwise 
     specified:  Provided, That unless explicitly provided for 
     under this heading, not to exceed 20 percent of any grant 
     made with funds made available under this heading shall be 
     expended for planning and management development and 
     administration:  Provided further, That a metropolitan city, 
     urban county, unit of general local government, or insular 
     area that directly or indirectly receives funds under this 
     heading may not sell, trade, or otherwise transfer all or any 
     portion of such funds to another such entity in exchange for 
     any other funds, credits, or non-Federal considerations, but 
     shall use such funds for activities eligible under title I of 
     the Act:  Provided further, That notwithstanding section 
     105(e)(1) of the Act, no funds made available under this 
     heading may be provided to a for-profit entity for an 
     economic development project under section 105(a)(17) unless 
     such project has been evaluated and selected in accordance 
     with guidelines required under subsection (e)(2) of section 
     105:  Provided further, That of the total amount provided 
     under this heading, $25,000,000 shall be for activities 
     authorized under section 8071 of the SUPPORT for Patients and 
     Communities Act (Public Law 115-271):  Provided further, That 
     the funds allocated pursuant to the preceding proviso shall 
     not adversely affect the amount of any formula assistance 
     received by a State under this heading:  Provided further, 
     That the Secretary shall allocate the funds for such 
     activities based on the notice establishing the funding 
     formula published in 84 FR 16027 (April 17, 2019) except that 
     the formula shall use age-adjusted rates of drug overdose 
     deaths for 2018 based on data from the Centers for Disease 
     Control and Prevention:  Provided further, That the 
     Department of Housing and Urban Development shall notify 
     grantees of their formula allocation within 60 days of 
     enactment of this Act.

         community development loan guarantees program account

       Subject to section 502 of the Congressional Budget Act of 
     1974 (2 U.S.C. 661a), during fiscal year 2021, commitments to 
     guarantee loans under section 108 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5308), any part 
     of which is guaranteed, shall not exceed a total principal 
     amount of $300,000,000, notwithstanding any aggregate 
     limitation on outstanding obligations guaranteed in 
     subsection (k) of such section 108:  Provided, That the 
     Secretary shall collect fees from borrowers, notwithstanding 
     subsection (m) of such section 108, to result in a credit 
     subsidy cost of zero for guaranteeing such loans, and any 
     such fees shall be collected in accordance with section 
     502(7) of the Congressional Budget Act of 1974:  Provided 
     further, That such commitment authority funded by fees may be 
     used to guarantee, or make commitments to guarantee, notes or 
     other obligations issued by any State on behalf of non-
     entitlement communities in the State in accordance with the 
     requirements of such section 108:  Provided further, That any 
     State receiving such a guarantee or commitment under the 
     preceding proviso shall distribute all funds subject to such 
     guarantee to the units of general local government in 
     nonentitlement areas that received the commitment.

                  home investment partnerships program

       For the HOME Investment Partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended (42 U.S.C. 12721 et seq.), 
     $1,350,000,000, to remain available until September 30, 2024: 
      Provided, That notwithstanding the amount made available 
     under this heading, the threshold reduction requirements in 
     sections 216(10) and 217(b)(4) of such Act shall not apply to 
     allocations of such amount:  Provided further, That the 
     Department shall notify grantees of their formula allocations 
     within 60 days after enactment of this Act:  Provided 
     further, That section 218(g) of such Act (42 U.S.C. 12748(g)) 
     shall not apply with respect to the right of a jurisdiction 
     to draw funds from its HOME Investment Trust Fund that 
     otherwise expired or would expire in 2016, 2017, 2018, 2019, 
     2020, 2021, 2022, or 2023 under that section:  Provided 
     further, That section 231(b) of such Act (42 U.S.C. 12771(b)) 
     shall not apply to any uninvested

[[Page H7511]]

     funds that otherwise were deducted or would be deducted from 
     the line of credit in the participating jurisdiction's HOME 
     Investment Trust Fund in 2018, 2019, 2020, 2021, 2022, or 
     2023 under that section.

        self-help and assisted homeownership opportunity program

       For the Self-Help and Assisted Homeownership Opportunity 
     Program, as authorized under section 11 of the Housing 
     Opportunity Program Extension Act of 1996 (42 U.S.C. 12805 
     note), $60,000,000, to remain available until September 30, 
     2023:  Provided, That of the total amount made available 
     under this heading, $10,000,000 shall be for the Self-Help 
     Homeownership Opportunity Program as authorized under such 
     section 11:  Provided further, That of the total amount made 
     available under this heading, $41,000,000 shall be for the 
     second, third, and fourth capacity building entities 
     specified in section 4(a) of the HUD Demonstration Act of 
     1993 (42 U.S.C. 9816 note), of which not less than $5,000,000 
     shall be for rural capacity building activities:  Provided 
     further, That of the total amount made available under this 
     heading, $5,000,000 shall be for capacity building by 
     national rural housing organizations having experience 
     assessing national rural conditions and providing financing, 
     training, technical assistance, information, and research to 
     local nonprofit organizations, local governments, and Indian 
     Tribes serving high need rural communities:  Provided 
     further, That of the total amount provided under this 
     heading, $4,000,000, shall be made available for a program to 
     rehabilitate and modify the homes of disabled or low-income 
     veterans, as authorized under section 1079 of Public Law 113-
     291:  Provided further, That the issuance of a Notice of 
     Funding Availability for the funds provided under the 
     previous proviso shall be completed within 120 days of 
     enactment of this Act and such funds shall be awarded within 
     180 days of such issuance.

                       homeless assistance grants

       For assistance under title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11360 et seq.), 
     $3,000,000,000, to remain available until September 30, 2023: 
      Provided, That of the amounts made available under this 
     heading--
       (1) not less than $290,000,000 shall be for the Emergency 
     Solutions Grants program authorized under subtitle B of such 
     title IV (42 U.S.C. 11371 et seq.):  Provided further, That 
     the Department shall notify grantees of their formula 
     allocation from amounts allocated (which may represent 
     initial or final amounts allocated) for the Emergency 
     Solutions Grant program not later than 60 days after 
     enactment of this Act;
       (2) not less than $2,569,000,000 shall be for the Continuum 
     of Care program authorized under subtitle C of such title IV 
     (42 U.S.C. 11381 et seq.) and the Rural Housing Stability 
     Assistance programs authorized under subtitle D of such title 
     IV (42 U.S.C. 11408):  Provided further, That the Secretary 
     shall prioritize funding under the Continuum of Care program 
     to continuums of care that have demonstrated a capacity to 
     reallocate funding from lower performing projects to higher 
     performing projects:  Provided further, That the Secretary 
     shall provide incentives to create projects that coordinate 
     with housing providers and healthcare organizations to 
     provide permanent supportive housing and rapid re-housing 
     services:  Provided further, That amounts made available for 
     the Continuum of Care program under this heading in this Act 
     and any remaining unobligated balances from prior Acts may be 
     used to competitively or non-competitively renew or replace 
     grants for youth homeless demonstration projects under the 
     Continuum of Care program, notwithstanding any conflict with 
     the requirements of the Continuum of Care program;
       (3) up to $52,000,000 shall be for grants for rapid re-
     housing projects and supportive service projects providing 
     coordinated entry, and for eligible activities the Secretary 
     determines to be critical in order to assist survivors of 
     domestic violence, dating violence, sexual assault, or 
     stalking, except that the Secretary may make additional 
     grants for such projects and purposes from amounts made 
     available for such Continuum of Care program:  Provided 
     further, That such projects shall be eligible for renewal 
     under the Continuum of Care program subject to the same terms 
     and conditions as other renewal applicants;
       (4) up to $7,000,000 shall be for the national homeless 
     data analysis project:  Provided further, That 
     notwithstanding the provisions of the Federal Grant and 
     Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the 
     amounts made available under this paragraph and any remaining 
     unobligated balances under this heading for such purposes in 
     prior Acts may be used by the Secretary to enter into 
     cooperative agreements with such entities as may be 
     determined by the Secretary, including public and private 
     organizations, agencies, and institutions; and
       (5) up to $82,000,000 shall be to implement projects to 
     demonstrate how a comprehensive approach to serving homeless 
     youth, age 24 and under, in up to 25 communities with a 
     priority for communities with substantial rural populations 
     in up to eight locations, can dramatically reduce youth 
     homelessness:  Provided further, That of the amount made 
     available under this paragraph, up to $10,000,000 shall be to 
     provide technical assistance on improving system responses to 
     youth homelessness, and collection, analysis, use, and 
     reporting of data and performance measures under the 
     comprehensive approaches to serve homeless youth, in addition 
     to and in coordination with other technical assistance funds 
     provided under this title:  Provided further, That the 
     Secretary may use up to 10 percent of the amount made 
     available under the previous proviso to build the capacity of 
     current technical assistance providers or to train new 
     technical assistance providers with verifiable prior 
     experience with systems and programs for youth experiencing 
     homelessness:
       Provided further, That youth aged 24 and under seeking 
     assistance under this heading shall not be required to 
     provide third party documentation to establish their 
     eligibility under subsection (a) or (b) of section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302) to 
     receive services:  Provided further, That unaccompanied youth 
     aged 24 and under or families headed by youth aged 24 and 
     under who are living in unsafe situations may be served by 
     youth-serving providers funded under this heading:  Provided 
     further, That persons eligible under section 103(a)(5) of the 
     McKinney-Vento Homeless Assistance Act may be served by any 
     project funded under this heading to provide both 
     transitional housing and rapid re-housing:  Provided further, 
     That for all matching funds requirements applicable to funds 
     made available under this heading for this fiscal year and 
     prior fiscal years, a grantee may use (or could have used) as 
     a source of match funds other funds administered by the 
     Secretary and other Federal agencies unless there is (or was) 
     a specific statutory prohibition on any such use of any such 
     funds:  Provided further, That none of the funds made 
     available under this heading shall be available to provide 
     funding for new projects, except for projects created through 
     reallocation, unless the Secretary determines that the 
     continuum of care has demonstrated that projects are 
     evaluated and ranked based on the degree to which they 
     improve the continuum of care's system performance:  Provided 
     further, That any unobligated amounts remaining from funds 
     made available under this heading in fiscal year 2012 and 
     prior years for project-based rental assistance for 
     rehabilitation projects with 10-year grant terms may be used 
     for purposes under this heading, notwithstanding the purposes 
     for which such funds were appropriated:  Provided further, 
     That unobligated balances, including recaptures and 
     carryover, remaining from funds transferred to or 
     appropriated under this heading in fiscal year 2019 or prior 
     years, except for rental assistance amounts that were 
     recaptured and made available until expended, shall be 
     available for the current purposes authorized under this 
     heading in addition to the purposes for which such funds 
     originally were appropriated.

                            Housing Programs

                    project-based rental assistance

       For activities and assistance for the provision of project-
     based subsidy contracts under the United States Housing Act 
     of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise 
     provided for, $13,065,000,000, to remain available until 
     expended, shall be available on October 1, 2020 (in addition 
     to the $400,000,000 previously appropriated under this 
     heading that became available October 1, 2020), and 
     $400,000,000, to remain available until expended, shall be 
     available on October 1, 2021:  Provided, That the amounts 
     made available under this heading shall be available for 
     expiring or terminating section 8 project-based subsidy 
     contracts (including section 8 moderate rehabilitation 
     contracts), for amendments to section 8 project-based subsidy 
     contracts (including section 8 moderate rehabilitation 
     contracts), for contracts entered into pursuant to section 
     441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11401), for renewal of section 8 contracts for units in 
     projects that are subject to approved plans of action under 
     the Emergency Low Income Housing Preservation Act of 1987 or 
     the Low-Income Housing Preservation and Resident 
     Homeownership Act of 1990, and for administrative and other 
     expenses associated with project-based activities and 
     assistance funded under this heading:  Provided further, That 
     of the total amounts provided under this heading, not to 
     exceed $350,000,000 shall be available for performance-based 
     contract administrators for section 8 project-based 
     assistance, for carrying out 42 U.S.C. 1437(f):  Provided 
     further, That the Secretary may also use such amounts in the 
     previous proviso for performance-based contract 
     administrators for the administration of: interest reduction 
     payments pursuant to section 236(a) of the National Housing 
     Act (12 U.S.C. 1715z-1(a)); rent supplement payments pursuant 
     to section 101 of the Housing and Urban Development Act of 
     1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance 
     payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance 
     contracts for the elderly under section 202(c)(2) of the 
     Housing Act of 1959 (12 U.S.C. 1701q); project rental 
     assistance contracts for supportive housing for persons with 
     disabilities under section 811(d)(2) of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 8013(d)(2)); 
     project assistance contracts pursuant to section 202(h) of 
     the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); 
     and loans under section 202 of the Housing Act of 1959 
     (Public Law 86-372; 73 Stat. 667):  Provided further, That 
     amounts recaptured under this heading, the heading ``Annual 
     Contributions for Assisted Housing'', or the heading 
     ``Housing Certificate Fund'', may be used for renewals of or 
     amendments to section 8 project-based contracts or for 
     performance-based contract administrators, notwithstanding 
     the purposes for which such amounts were appropriated:  
     Provided further, That, notwithstanding any other provision 
     of law, upon the request of the Secretary, project funds that 
     are held in residual receipts accounts for any project 
     subject to a section 8 project-based Housing Assistance 
     Payments contract that authorizes the Department or a housing 
     finance agency to require that surplus project funds be 
     deposited in an interest-bearing residual receipts account 
     and that are in excess of an amount to be determined by the 
     Secretary, shall be remitted to the Department and deposited 
     in this account, to be available until expended:  Provided 
     further, That amounts deposited pursuant to

[[Page H7512]]

     the previous proviso shall be available in addition to the 
     amount otherwise provided by this heading for uses authorized 
     under this heading.

                        housing for the elderly

       For capital advances, including amendments to capital 
     advance contracts, for housing for the elderly, as authorized 
     by section 202 of the Housing Act of 1959 (12 U.S.C. 1701q), 
     for project rental assistance for the elderly under section 
     202(c)(2) of such Act, including amendments to contracts for 
     such assistance and renewal of expiring contracts for such 
     assistance for up to a 5-year term, for senior preservation 
     rental assistance contracts, including renewals, as 
     authorized by section 811(e) of the American Homeownership 
     and Economic Opportunity Act of 2000 (12 U.S.C. 1701q note), 
     and for supportive services associated with the housing, 
     $855,000,000 to remain available until September 30, 2024:  
     Provided, That of the amount made available under this 
     heading, up to $125,000,000 shall be for service coordinators 
     and the continuation of existing congregate service grants 
     for residents of assisted housing projects:  Provided 
     further, That amounts made available under this heading shall 
     be available for Real Estate Assessment Center inspections 
     and inspection-related activities associated with section 202 
     projects:  Provided further, That the Secretary may waive the 
     provisions of section 202 governing the terms and conditions 
     of project rental assistance, except that the initial 
     contract term for such assistance shall not exceed 5 years in 
     duration:  Provided further, That upon request of the 
     Secretary, project funds that are held in residual receipts 
     accounts for any project subject to a section 202 project 
     rental assistance contract, and that upon termination of such 
     contract are in excess of an amount to be determined by the 
     Secretary, shall be remitted to the Department and deposited 
     in this account, to remain available until September 30, 
     2024:  Provided further, That amounts deposited in this 
     account pursuant to the previous proviso shall be available, 
     in addition to the amounts otherwise provided by this 
     heading, for the purposes authorized under this heading:  
     Provided further, That unobligated balances, including 
     recaptures and carryover, remaining from funds transferred to 
     or appropriated under this heading shall be available for the 
     current purposes authorized under this heading in addition to 
     the purposes for which such funds originally were 
     appropriated:  Provided further, That of the total amount 
     made available under this heading, up to $14,000,000 shall be 
     used by the Secretary to continue demonstration programs to 
     test housing with services models for the elderly that 
     demonstrate the potential to delay or avoid the need for 
     nursing home care:  Provided further, That of the total 
     amount made available under this heading, up to $5,000,000 
     shall be used to expand the supply of intergenerational 
     dwelling units (as such term is defined in section 202 of the 
     Legacy Act of 2003 (12 U.S.C. 1701q note)) for elderly 
     caregivers raising children.

                 housing for persons with disabilities

       For capital advances, including amendments to capital 
     advance contracts, for supportive housing for persons with 
     disabilities, as authorized by section 811 of the Cranston-
     Gonzalez National Affordable Housing Act (42 U.S.C. 8013), 
     for project rental assistance for supportive housing for 
     persons with disabilities under section 811(d)(2) of such 
     Act, for project assistance contracts pursuant to subsection 
     (h) of section 202 of the Housing Act of 1959, as added by 
     section 205(a) of the Housing and Community Development 
     Amendments of 1978 (Public Law 95-557: 92 Stat. 2090), 
     including amendments to contracts for such assistance and 
     renewal of expiring contracts for such assistance for up to a 
     1-year term, for project rental assistance to State housing 
     finance agencies and other appropriate entities as authorized 
     under section 811(b)(3) of the Cranston-Gonzalez National 
     Affordable Housing Act, and for supportive services 
     associated with the housing for persons with disabilities as 
     authorized by section 811(b)(1) of such Act, $227,000,000, to 
     remain available until September 30, 2024:  Provided, That 
     amounts made available under this heading shall be available 
     for Real Estate Assessment Center inspections and inspection-
     related activities associated with section 811 projects:  
     Provided further, That, upon the request of the Secretary, 
     project funds that are held in residual receipts accounts for 
     any project subject to a section 811 project rental 
     assistance contract, and that upon termination of such 
     contract are in excess of an amount to be determined by the 
     Secretary, shall be remitted to the Department and deposited 
     in this account, to remain available until September 30, 
     2024:  Provided further, That amounts deposited in this 
     account pursuant to the previous proviso shall be available 
     in addition to the amounts otherwise provided by this heading 
     for the purposes authorized under this heading:  Provided 
     further, That unobligated balances, including recaptures and 
     carryover, remaining from funds transferred to or 
     appropriated under this heading shall be used for the current 
     purposes authorized under this heading in addition to the 
     purposes for which such funds originally were appropriated.

                     housing counseling assistance

       For contracts, grants, and other assistance excluding 
     loans, as authorized under section 106 of the Housing and 
     Urban Development Act of 1968, as amended, $57,500,000, to 
     remain available until September 30, 2022, including up to 
     $4,500,000 for administrative contract services:  Provided, 
     That funds shall be used for providing counseling and advice 
     to tenants and homeowners, both current and prospective, with 
     respect to property maintenance, financial management or 
     literacy, and such other matters as may be appropriate to 
     assist them in improving their housing conditions, meeting 
     their financial needs, and fulfilling the responsibilities of 
     tenancy or homeownership; for program administration; and for 
     housing counselor training:  Provided further, That for 
     purposes of providing such grants from amounts provided under 
     this heading, the Secretary may enter into multiyear 
     agreements, as appropriate, subject to the availability of 
     annual appropriations:  Provided further, That an additional 
     $20,000,000 (not subject to such section 106), to remain 
     available until September 30, 2023, shall be for competitive 
     grants to nonprofit or governmental entities to provide legal 
     assistance (including assistance related to pretrial 
     activities, trial activities, post-trial activities and 
     alternative dispute resolution) at no cost to eligible low-
     income tenants at risk of or subject to eviction:  Provided 
     further, That in awarding grants under the preceding proviso, 
     the Secretary shall give preference to applicants that 
     include a marketing strategy for residents of areas with high 
     rates of eviction, have experience providing no-cost legal 
     assistance to low-income individuals, including those with 
     limited English proficiency or disabilities, and have 
     sufficient capacity to administer such assistance:  Provided 
     further, That the Secretary shall ensure, to the extent 
     practicable, that the proportion of eligible tenants living 
     in rural areas who will receive legal assistance with grant 
     funds made available under this heading is not less than the 
     overall proportion of eligible tenants who live in rural 
     areas.

            payment to manufactured housing fees trust fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974 (42 U.S.C. 5401 et seq.), up to $13,000,000, to remain 
     available until expended, of which $13,000,000 shall be 
     derived from the Manufactured Housing Fees Trust Fund 
     (established under section 620(e) of such Act (42 U.S.C. 
     5419(e)):  Provided, That not to exceed the total amount 
     appropriated under this heading shall be available from the 
     general fund of the Treasury to the extent necessary to incur 
     obligations and make expenditures pending the receipt of 
     collections to the Fund pursuant to section 620 of such Act:  
     Provided further, That the amount made available under this 
     heading from the general fund shall be reduced as such 
     collections are received during fiscal year 2021 so as to 
     result in a final fiscal year 2021 appropriation from the 
     general fund estimated at zero, and fees pursuant to such 
     section 620 shall be modified as necessary to ensure such a 
     final fiscal year 2021 appropriation:  Provided further, That 
     for the dispute resolution and installation programs, the 
     Secretary may assess and collect fees from any program 
     participant:  Provided further, That such collections shall 
     be deposited into the Trust Fund, and the Secretary, as 
     provided herein, may use such collections, as well as fees 
     collected under section 620 of such Act, for necessary 
     expenses of such Act:  Provided further, That, 
     notwithstanding the requirements of section 620 of such Act, 
     the Secretary may carry out responsibilities of the Secretary 
     under such Act through the use of approved service providers 
     that are paid directly by the recipients of their services.

                     Federal Housing Administration

               mutual mortgage insurance program account

       New commitments to guarantee single family loans insured 
     under the Mutual Mortgage Insurance Fund shall not exceed 
     $400,000,000,000, to remain available until September 30, 
     2022:  Provided, That during fiscal year 2021, obligations to 
     make direct loans to carry out the purposes of section 204(g) 
     of the National Housing Act, as amended, shall not exceed 
     $1,000,000:  Provided further, That the foregoing amount in 
     the previous proviso shall be for loans to nonprofit and 
     governmental entities in connection with sales of single 
     family real properties owned by the Secretary and formerly 
     insured under the Mutual Mortgage Insurance Fund:  Provided 
     further, That for administrative contract expenses of the 
     Federal Housing Administration, $130,000,000, to remain 
     available until September 30, 2022:  Provided further, That 
     to the extent guaranteed loan commitments exceed 
     $200,000,000,000 on or before April 1, 2021, an additional 
     $1,400 for administrative contract expenses shall be 
     available for each $1,000,000 in additional guaranteed loan 
     commitments (including a pro rata amount for any amount below 
     $1,000,000), but in no case shall funds made available by 
     this proviso exceed $30,000,000:  Provided further, That 
     notwithstanding the limitation in the first sentence of 
     section 255(g) of the National Housing Act (12 U.S.C. 1715z-
     20(g)), during fiscal year 2021 the Secretary may insure and 
     enter into new commitments to insure mortgages under section 
     255 of the National Housing Act only to the extent that the 
     net credit subsidy cost for such insurance does not exceed 
     zero.

                general and special risk program account

       New commitments to guarantee loans insured under the 
     General and Special Risk Insurance Funds, as authorized by 
     sections 238 and 519 of the National Housing Act (12 U.S.C. 
     1715z-3 and 1735c), shall not exceed $30,000,000,000 in total 
     loan principal, any part of which is to be guaranteed, to 
     remain available until September 30, 2022:  Provided, That 
     during fiscal year 2021, gross obligations for the principal 
     amount of direct loans, as authorized by sections 204(g), 
     207(l), 238, and 519(a) of the National Housing Act, shall 
     not exceed $1,000,000, which shall be for loans to nonprofit 
     and governmental entities in connection with the sale of 
     single family real properties owned by the Secretary and 
     formerly insured under such Act.

                Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National

[[Page H7513]]

     Housing Act, as amended (12 U.S.C. 1721(g)), shall not exceed 
     $1,300,000,000,000, to remain available until September 30, 
     2022:  Provided, That $33,500,000, to remain available until 
     September 30, 2022, shall be for necessary salaries and 
     expenses of the Office of Government National Mortgage 
     Association:  Provided further, That to the extent that 
     guaranteed loan commitments exceed $155,000,000,000 on or 
     before April 1, 2021, an additional $100 for necessary 
     salaries and expenses shall be available until expended for 
     each $1,000,000 in additional guaranteed loan commitments 
     (including a pro rata amount for any amount below 
     $1,000,000), but in no case shall funds made available by 
     this proviso exceed $3,000,000:  Provided further, That 
     receipts from Commitment and Multiclass fees collected 
     pursuant to title III of the National Housing Act (12 U.S.C. 
     1716 et seq.) shall be credited as offsetting collections to 
     this account.

                    Policy Development and Research

                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970 (12 U.S.C. 
     1701z-1 et seq.), including carrying out the functions of the 
     Secretary of Housing and Urban Development under section 
     1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for 
     technical assistance, $105,000,000, to remain available until 
     September 30, 2022:  Provided, That with respect to amounts 
     made available under this heading, notwithstanding section 
     203 of this title, the Secretary may enter into cooperative 
     agreements with philanthropic entities, other Federal 
     agencies, State or local governments and their agencies, 
     Indian Tribes, tribally designated housing entities, or 
     colleges or universities for research projects:  Provided 
     further, That with respect to the preceding proviso, such 
     partners to the cooperative agreements shall contribute at 
     least a 50 percent match toward the cost of the project:  
     Provided further, That for non-competitive agreements entered 
     into in accordance with the preceding two provisos, the 
     Secretary shall comply with section 2(b) of the Federal 
     Funding Accountability and Transparency Act of 2006 (Public 
     Law 109-282, 31 U.S.C. note) in lieu of compliance with 
     section 102(a)(4)(C) of the Department of Housing and Urban 
     Development Reform Act of 1989 (42 U.S.C. 3545(a)(4)(C)) with 
     respect to documentation of award decisions:  Provided 
     further, That prior to obligation of technical assistance 
     funding, the Secretary shall submit a plan to the House and 
     Senate Committees on Appropriations on how the Secretary will 
     allocate funding for this activity at least 30 days prior to 
     obligation:  Provided further, That none of the funds 
     provided under this heading may be available for the doctoral 
     dissertation research grant program.

                   Fair Housing and Equal Opportunity

                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968 (42 U.S.C. 3601 et seq.), and section 561 of the 
     Housing and Community Development Act of 1987 (42 U.S.C. 
     3616a), $72,555,000, to remain available until September 30, 
     2022:  Provided, That notwithstanding section 3302 of title 
     31, United States Code, the Secretary may assess and collect 
     fees to cover the costs of the Fair Housing Training Academy, 
     and may use such funds to develop on-line courses and provide 
     such training:  Provided further, That none of the funds made 
     available under this heading may be used to lobby the 
     executive or legislative branches of the Federal Government 
     in connection with a specific contract, grant, or loan:  
     Provided further, That of the funds made available under this 
     heading, $350,000 shall be available to the Secretary for the 
     creation and promotion of translated materials and other 
     programs that support the assistance of persons with limited 
     English proficiency in utilizing the services provided by the 
     Department of Housing and Urban Development.

            Office of Lead Hazard Control and Healthy Homes

                         lead hazard reduction

                     (including transfer of funds)

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $360,000,000, to remain available 
     until September 30, 2023, of which $60,000,000 shall be for 
     the Healthy Homes Initiative, pursuant to sections 501 and 
     502 of the Housing and Urban Development Act of 1970, which 
     shall include research, studies, testing, and demonstration 
     efforts, including education and outreach concerning lead-
     based paint poisoning and other housing-related diseases and 
     hazards:  Provided, That for purposes of environmental 
     review, pursuant to the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.) and other provisions of law 
     that further the purposes of such Act, a grant under the 
     Healthy Homes Initiative, or the Lead Technical Studies 
     program under this heading or under prior appropriations Acts 
     for such purposes under this heading, shall be considered to 
     be funds for a special project for purposes of section 305(c) 
     of the Multifamily Housing Property Disposition Reform Act of 
     1994:  Provided further, That not less than $95,000,000 of 
     the amounts made available under this heading for the award 
     of grants pursuant to section 1011 of the Residential Lead-
     Based Paint Hazard Reduction Act of 1992 shall be provided to 
     areas with the highest lead-based paint abatement needs:  
     Provided further, That with respect to obligated amounts 
     appropriated under this heading in title II of division G of 
     the Consolidated Appropriations Act, 2019 (Public Law 116-6) 
     for the implementation of projects to demonstrate how 
     intensive, extended, multi-year interventions can 
     dramatically reduce the presence of lead-based paint hazards 
     in communities: (1) such projects may serve more than four 
     contiguous census tracts; (2) such projects shall allow for 
     enrollment of families and homes within the community beyond 
     where the initially targeted census tracts were located, 
     provided that such projects meet the highest lead-based paint 
     abatement needs, as determined by the Secretary; and (3) such 
     projects may exceed 5 years in duration, notwithstanding any 
     inconsistent requirements:  Provided further, That of the 
     amount made available for the Healthy Homes Initiative, 
     $5,000,000 shall be for the implementation of projects in up 
     to five communities that are served by both the Healthy Homes 
     Initiative and the Department of Energy weatherization 
     programs to demonstrate whether the coordination of Healthy 
     Homes remediation activities with weatherization activities 
     achieves cost savings and better outcomes in improving the 
     safety and quality of homes:  Provided further, That each 
     applicant for a grant or cooperative agreement under this 
     heading shall certify adequate capacity that is acceptable to 
     the Secretary to carry out the proposed use of funds pursuant 
     to a notice of funding availability:  Provided further, That 
     of the amounts made available under this heading, $10,000,000 
     shall be for a program established by the Secretary to make 
     grants to experienced non-profit organizations, States, local 
     governments, or public housing agencies for safety and 
     functional home modification repairs to meet the needs of 
     low-income elderly homeowners to enable them to remain in 
     their primary residence:  Provided further, That of the total 
     amount made available under the previous proviso, no less 
     than $5,000,000 shall be available to meet such needs in 
     communities with substantial rural populations:  Provided 
     further, That amounts made available under this heading, 
     except for amounts in the previous two provisos, in this or 
     prior appropriations Acts, still remaining available, may be 
     used for any purpose under this heading notwithstanding the 
     purpose for which such amounts were appropriated if a program 
     competition is undersubscribed and there are other program 
     competitions under this heading that are oversubscribed:  
     Provided further, That up to $2,000,000 of the amounts made 
     available under this heading may be transferred to the 
     heading ``Policy Development and Research'' for the purposes 
     of conducting research and studies and for use in accordance 
     with the provisos under that heading for non-competitive 
     agreements.

                      Information Technology Fund

       For the development, modernization, and enhancement of, 
     modifications to, and infrastructure for Department-wide and 
     program-specific information technology systems, for the 
     continuing operation and maintenance of both Department-wide 
     and program-specific information systems, and for program-
     related maintenance activities, $300,000,000, of which 
     $260,000,000 shall remain available until September 30, 2022, 
     and of which $40,000,000 shall remain available until 
     September 30, 2024:  Provided, That any amounts transferred 
     to this Fund under this Act shall remain available until 
     expended:  Provided further, That any amounts transferred to 
     this Fund from amounts appropriated by previously enacted 
     appropriations Acts may be used for the purposes specified 
     under this Fund, in addition to any other information 
     technology purposes for which such amounts were appropriated: 
      Provided further, That not more than 10 percent of the funds 
     made available under this heading for development, 
     modernization, and enhancement may be obligated until the 
     Secretary submits a performance plan to the House and Senate 
     Committees on Appropriations for approval.

                      Office of Inspector General

       For necessary salaries and expenses of the Office of 
     Inspector General in carrying out the Inspector General Act 
     of 1978, as amended, $135,514,000:  Provided, That the 
     Inspector General shall have independent authority over all 
     personnel issues within this office:  Provided further, That 
     for this fiscal year and each fiscal year thereafter, subject 
     to appropriations for that purpose, the Office of Inspector 
     General shall procure and rely upon the services of an 
     independent external auditor(s) to audit the financial 
     statements of the Department of Housing and Urban 
     Development, including the consolidated financial statement 
     and the financial statements of the Federal Housing 
     Administration and the Government National Mortgage 
     Association:  Provided further, That in addition to amounts 
     under this heading otherwise available for the purposes 
     specified in the previous proviso, $1,686,000 shall be 
     available only for such specified purposes.

    General Provisions--Department of Housing and Urban Development

                     (including transfer of funds)

                        (including rescissions)

       Sec. 201.  Fifty percent of the amounts of budget 
     authority, or in lieu thereof 50 percent of the cash amounts 
     associated with such budget authority, that are recaptured 
     from projects described in section 1012(a) of the Stewart B. 
     McKinney Homeless Assistance Amendments Act of 1988 (42 
     U.S.C. 1437f note) shall be rescinded or in the case of cash, 
     shall be remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project

[[Page H7514]]

     owners with incentives to refinance their project at a lower 
     interest rate.
       Sec. 202.  None of the funds made available by this Act may 
     be used during fiscal year 2021 to investigate or prosecute 
     under the Fair Housing Act any otherwise lawful activity 
     engaged in by one or more persons, including the filing or 
     maintaining of a nonfrivolous legal action, that is engaged 
     in solely for the purpose of achieving or preventing action 
     by a Government official or entity, or a court of competent 
     jurisdiction.
       Sec. 203.  Except as explicitly provided in law, any grant, 
     cooperative agreement or other assistance made pursuant to 
     title II of this Act shall be made on a competitive basis and 
     in accordance with section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
       Sec. 204.  Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1).
       Sec. 205.  Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 206.  Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act are hereby authorized to 
     make such expenditures, within the limits of funds and 
     borrowing authority available to each such corporation or 
     agency and in accordance with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of such Act as may be necessary in 
     carrying out the programs set forth in the budget for 2021 
     for such corporation or agency except as hereinafter 
     provided:  Provided, That collections of these corporations 
     and agencies may be used for new loan or mortgage purchase 
     commitments only to the extent expressly provided for in this 
     Act (unless such loans are in support of other forms of 
     assistance provided for in this or prior appropriations 
     Acts), except that this proviso shall not apply to the 
     mortgage insurance or guaranty operations of these 
     corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 207.  The Secretary shall provide quarterly reports to 
     the House and Senate Committees on Appropriations regarding 
     all uncommitted, unobligated, recaptured and excess funds in 
     each program and activity within the jurisdiction of the 
     Department and shall submit additional, updated budget 
     information to these Committees upon request.
       Sec. 208.  None of the funds made available by this title 
     may be used for an audit of the Government National Mortgage 
     Association that makes applicable requirements under the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       Sec. 209. (a) Notwithstanding any other provision of law, 
     subject to the conditions listed under this section, for 
     fiscal years 2021 and 2022, the Secretary of Housing and 
     Urban Development may authorize the transfer of some or all 
     project-based assistance, debt held or insured by the 
     Secretary and statutorily required low-income and very low-
     income use restrictions if any, associated with one or more 
     multifamily housing project or projects to another 
     multifamily housing project or projects.
       (b) Phased Transfers.--Transfers of project-based 
     assistance under this section may be done in phases to 
     accommodate the financing and other requirements related to 
     rehabilitating or constructing the project or projects to 
     which the assistance is transferred, to ensure that such 
     project or projects meet the standards under subsection (c).
       (c) The transfer authorized in subsection (a) is subject to 
     the following conditions:
       (1) Number and bedroom size of units.--
       (A) For occupied units in the transferring project: The 
     number of low-income and very low-income units and the 
     configuration (i.e., bedroom size) provided by the 
     transferring project shall be no less than when transferred 
     to the receiving project or projects and the net dollar 
     amount of Federal assistance provided to the transferring 
     project shall remain the same in the receiving project or 
     projects.
       (B) For unoccupied units in the transferring project: The 
     Secretary may authorize a reduction in the number of dwelling 
     units in the receiving project or projects to allow for a 
     reconfiguration of bedroom sizes to meet current market 
     demands, as determined by the Secretary and provided there is 
     no increase in the project-based assistance budget authority.
       (2) The transferring project shall, as determined by the 
     Secretary, be either physically obsolete or economically 
     nonviable, or be reasonably expected to become economically 
     nonviable when complying with state or Federal requirements 
     for community integration and reduced concentration of 
     individuals with disabilities.
       (3) The receiving project or projects shall meet or exceed 
     applicable physical standards established by the Secretary.
       (4) The owner or mortgagor of the transferring project 
     shall notify and consult with the tenants residing in the 
     transferring project and provide a certification of approval 
     by all appropriate local governmental officials.
       (5) The tenants of the transferring project who remain 
     eligible for assistance to be provided by the receiving 
     project or projects shall not be required to vacate their 
     units in the transferring project or projects until new units 
     in the receiving project are available for occupancy.
       (6) The Secretary determines that this transfer is in the 
     best interest of the tenants.
       (7) If either the transferring project or the receiving 
     project or projects meets the condition specified in 
     subsection (d)(2)(A), any lien on the receiving project 
     resulting from additional financing obtained by the owner 
     shall be subordinate to any FHA-insured mortgage lien 
     transferred to, or placed on, such project by the Secretary, 
     except that the Secretary may waive this requirement upon 
     determination that such a waiver is necessary to facilitate 
     the financing of acquisition, construction, and/or 
     rehabilitation of the receiving project or projects.
       (8) If the transferring project meets the requirements of 
     subsection (d)(2), the owner or mortgagor of the receiving 
     project or projects shall execute and record either a 
     continuation of the existing use agreement or a new use 
     agreement for the project where, in either case, any use 
     restrictions in such agreement are of no lesser duration than 
     the existing use restrictions.
       (9) The transfer does not increase the cost (as defined in 
     section 502 of the Congressional Budget Act of 1974(2 U.S.C. 
     661a)) of any FHA-insured mortgage, except to the extent that 
     appropriations are provided in advance for the amount of any 
     such increased cost.
       (d) For purposes of this section--
       (1) the terms ``low-income'' and ``very low-income'' shall 
     have the meanings provided by the statute and/or regulations 
     governing the program under which the project is insured or 
     assisted;
       (2) the term ``multifamily housing project'' means housing 
     that meets one of the following conditions--
       (A) housing that is subject to a mortgage insured under the 
     National Housing Act;
       (B) housing that has project-based assistance attached to 
     the structure including projects undergoing mark to market 
     debt restructuring under the Multifamily Assisted Housing 
     Reform and Affordability Housing Act;
       (C) housing that is assisted under section 202 of the 
     Housing Act of 1959 (12 U.S.C. 1701q);
       (D) housing that is assisted under section 202 of the 
     Housing Act of 1959 (12 U.S.C. 1701q), as such section 
     existed before the enactment of the Cranston-Gonzales 
     National Affordable Housing Act;
       (E) housing that is assisted under section 811 of the 
     Cranston-Gonzales National Affordable Housing Act (42 U.S.C. 
     8013); or
       (F) housing or vacant land that is subject to a use 
     agreement;
       (3) the term ``project-based assistance'' means--
       (A) assistance provided under section 8(b) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(b));
       (B) assistance for housing constructed or substantially 
     rehabilitated pursuant to assistance provided under section 
     8(b)(2) of such Act (as such section existed immediately 
     before October 1, 1983);
       (C) rent supplement payments under section 101 of the 
     Housing and Urban Development Act of 1965 (12 U.S.C. 1701s);
       (D) interest reduction payments under section 236 and/or 
     additional assistance payments under section 236(f)(2) of the 
     National Housing Act (12 U.S.C. 1715z-1);
       (E) assistance payments made under section 202(c)(2) of the 
     Housing Act of 1959 (12 U.S.C. 1701q(c)(2)); and
       (F) assistance payments made under section 811(d)(2) of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     8013(d)(2));
       (4) the term ``receiving project or projects'' means the 
     multifamily housing project or projects to which some or all 
     of the project-based assistance, debt, and statutorily 
     required low-income and very low-income use restrictions are 
     to be transferred;
       (5) the term ``transferring project'' means the multifamily 
     housing project which is transferring some or all of the 
     project-based assistance, debt, and the statutorily required 
     low-income and very low-income use restrictions to the 
     receiving project or projects; and
       (6) the term ``Secretary'' means the Secretary of Housing 
     and Urban Development.
       (e) Research Report.--The Secretary shall conduct an 
     evaluation of the transfer authority under this section, 
     including the effect of such transfers on the operational 
     efficiency, contract rents, physical and financial 
     conditions, and long-term preservation of the affected 
     properties.
       Sec. 210. (a) No assistance shall be provided under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) 
     to any individual who--
       (1) is enrolled as a student at an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002));
       (2) is under 24 years of age;
       (3) is not a veteran;
       (4) is unmarried;
       (5) does not have a dependent child;
       (6) is not a person with disabilities, as such term is 
     defined in section 3(b)(3)(E) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving 
     assistance under such section 8 as of November 30, 2005;
       (7) is not a youth who left foster care at age 14 or older 
     and is at risk of becoming homeless; and
       (8) is not otherwise individually eligible, or has parents 
     who, individually or jointly, are not eligible, to receive 
     assistance under section 8 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f).

[[Page H7515]]

       (b) For purposes of determining the eligibility of a person 
     to receive assistance under section 8 of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f), any financial 
     assistance (in excess of amounts received for tuition and any 
     other required fees and charges) that an individual receives 
     under the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.), from private sources, or from an institution of higher 
     education (as defined under section 102 of the Higher 
     Education Act of 1965 (20 U.S.C. 1002)), shall be considered 
     income to that individual, except for a person over the age 
     of 23 with dependent children.
       Sec. 211.  The funds made available for Native Alaskans 
     under paragraph (1) under the heading ``Native American 
     Programs'' in title II of this Act shall be allocated to the 
     same Native Alaskan housing block grant recipients that 
     received funds in fiscal year 2005, and only such recipients 
     shall be eligible to apply for funds made available under 
     paragraph (2) of such heading.
       Sec. 212.  Notwithstanding any other provision of law, in 
     fiscal year 2021, in managing and disposing of any 
     multifamily property that is owned or has a mortgage held by 
     the Secretary of Housing and Urban Development, and during 
     the process of foreclosure on any property with a contract 
     for rental assistance payments under section 8 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f) or any other 
     Federal programs, the Secretary shall maintain any rental 
     assistance payments under section 8 of the United States 
     Housing Act of 1937 and other programs that are attached to 
     any dwelling units in the property. To the extent the 
     Secretary determines, in consultation with the tenants and 
     the local government that such a multifamily property owned 
     or having a mortgage held by the Secretary is not feasible 
     for continued rental assistance payments under such section 8 
     or other programs, based on consideration of (1) the costs of 
     rehabilitating and operating the property and all available 
     Federal, State, and local resources, including rent 
     adjustments under section 524 of the Multifamily Assisted 
     Housing Reform and Affordability Act of 1997 (``MAHRAA'') (42 
     U.S.C. 1437f note), and (2) environmental conditions that 
     cannot be remedied in a cost-effective fashion, the Secretary 
     may, in consultation with the tenants of that property, 
     contract for project-based rental assistance payments with an 
     owner or owners of other existing housing properties, or 
     provide other rental assistance. The Secretary shall also 
     take appropriate steps to ensure that project-based contracts 
     remain in effect prior to foreclosure, subject to the 
     exercise of contractual abatement remedies to assist 
     relocation of tenants for imminent major threats to health 
     and safety after written notice to and informed consent of 
     the affected tenants and use of other available remedies, 
     such as partial abatements or receivership. After disposition 
     of any multifamily property described in this section, the 
     contract and allowable rent levels on such properties shall 
     be subject to the requirements under section 524 of MAHRAA.
       Sec. 213.  Public housing agencies that own and operate 400 
     or fewer public housing units may elect to be exempt from any 
     asset management requirement imposed by the Secretary in 
     connection with the operating fund rule:  Provided, That an 
     agency seeking a discontinuance of a reduction of subsidy 
     under the operating fund formula shall not be exempt from 
     asset management requirements.
       Sec. 214.  With respect to the use of amounts provided in 
     this Act and in future Acts for the operation, capital 
     improvement, and management of public housing as authorized 
     by sections 9(d) and 9(e) of the United States Housing Act of 
     1937 (42 U.S.C. 1437g(d),(e)), the Secretary shall not impose 
     any requirement or guideline relating to asset management 
     that restricts or limits in any way the use of capital funds 
     for central office costs pursuant to paragraph (1) or (2) of 
     section 9(g) of the United States Housing Act of 1937 (42 
     U.S.C. 1437g(g)(1), (2)):  Provided, That a public housing 
     agency may not use capital funds authorized under section 
     9(d) for activities that are eligible under section 9(e) for 
     assistance with amounts from the operating fund in excess of 
     the amounts permitted under paragraph (1) or (2) of section 
     9(g).
       Sec. 215.  No official or employee of the Department of 
     Housing and Urban Development shall be designated as an 
     allotment holder unless the Office of the Chief Financial 
     Officer has determined that such allotment holder has 
     implemented an adequate system of funds control and has 
     received training in funds control procedures and directives. 
     The Chief Financial Officer shall ensure that there is a 
     trained allotment holder for each HUD appropriation under the 
     accounts ``Executive Offices'', ``Administrative Support 
     Offices'', ``Program Offices'', ``Government National 
     Mortgage Association--Guarantees of Mortgage-Backed 
     Securities Loan Guarantee Program Account'', and ``Office of 
     Inspector General'' within the Department of Housing and 
     Urban Development.
       Sec. 216.  The Secretary shall, for fiscal year 2021, 
     notify the public through the Federal Register and other 
     means, as determined appropriate, of the issuance of a notice 
     of the availability of assistance or notice of funding 
     availability (NOFA) for any program or discretionary fund 
     administered by the Secretary that is to be competitively 
     awarded. Notwithstanding any other provision of law, for 
     fiscal year 2021, the Secretary may make the NOFA available 
     only on the Internet at the appropriate Government website or 
     through other electronic media, as determined by the 
     Secretary.
       Sec. 217.  Payment of attorney fees in program-related 
     litigation shall be paid from the individual program office 
     and Office of General Counsel salaries and expenses 
     appropriations. The annual budget submission for the program 
     offices and the Office of General Counsel shall include any 
     such projected litigation costs for attorney fees as a 
     separate line item request.
       Sec. 218.  The Secretary is authorized to transfer up to 10 
     percent or $5,000,000, whichever is less, of funds 
     appropriated for any office under the headings 
     ``Administrative Support Offices'' or ``Program Offices'' to 
     any other such office under such headings:  Provided, That no 
     appropriation for any such office under such headings shall 
     be increased or decreased by more than 10 percent or 
     $5,000,000, whichever is less, without prior written approval 
     of the House and Senate Committees on Appropriations:  
     Provided further, That the Secretary shall provide 
     notification to such Committees 3 business days in advance of 
     any such transfers under this section up to 10 percent or 
     $5,000,000, whichever is less.
       Sec. 219. (a) Any entity receiving housing assistance 
     payments shall maintain decent, safe, and sanitary 
     conditions, as determined by the Secretary, and comply with 
     any standards under applicable State or local laws, rules, 
     ordinances, or regulations relating to the physical condition 
     of any property covered under a housing assistance payment 
     contract.
       (b) The Secretary shall take action under subsection (c) 
     when a multifamily housing project with a contract under 
     section 8 of the United States Housing Act of 1937 (42 U.S.C. 
     1437f) or a contract for similar project-based assistance--
       (1) receives a Uniform Physical Condition Standards (UPCS) 
     score of 60 or less; or
       (2) fails to certify in writing to the Secretary within 3 
     days that all Exigent Health and Safety deficiencies 
     identified by the inspector at the project have been 
     corrected.
     Such requirements shall apply to insured and noninsured 
     projects with assistance attached to the units under section 
     8 of the United States Housing Act of 1937 (42 U.S.C. 1437f), 
     but shall not apply to such units assisted under section 
     8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to public 
     housing units assisted with capital or operating funds under 
     section 9 of the United States Housing Act of 1937 (42 U.S.C. 
     1437g).
       (c)(1) Within 15 days of the issuance of the Real Estate 
     Assessment Center (``REAC'') inspection, the Secretary shall 
     provide the owner with a Notice of Default with a specified 
     timetable, determined by the Secretary, for correcting all 
     deficiencies. The Secretary shall provide a copy of the 
     Notice of Default to the tenants, the local government, any 
     mortgagees, and any contract administrator. If the owner's 
     appeal results in a UPCS score of 60 or above, the Secretary 
     may withdraw the Notice of Default.
       (2) At the end of the time period for correcting all 
     deficiencies specified in the Notice of Default, if the owner 
     fails to fully correct such deficiencies, the Secretary may--
       (A) require immediate replacement of project management 
     with a management agent approved by the Secretary;
       (B) impose civil money penalties, which shall be used 
     solely for the purpose of supporting safe and sanitary 
     conditions at applicable properties, as designated by the 
     Secretary, with priority given to the tenants of the property 
     affected by the penalty;
       (C) abate the section 8 contract, including partial 
     abatement, as determined by the Secretary, until all 
     deficiencies have been corrected;
       (D) pursue transfer of the project to an owner, approved by 
     the Secretary under established procedures, who will be 
     obligated to promptly make all required repairs and to accept 
     renewal of the assistance contract if such renewal is 
     offered;
       (E) transfer the existing section 8 contract to another 
     project or projects and owner or owners;
       (F) pursue exclusionary sanctions, including suspensions or 
     debarments from Federal programs;
       (G) seek judicial appointment of a receiver to manage the 
     property and cure all project deficiencies or seek a judicial 
     order of specific performance requiring the owner to cure all 
     project deficiencies;
       (H) work with the owner, lender, or other related party to 
     stabilize the property in an attempt to preserve the property 
     through compliance, transfer of ownership, or an infusion of 
     capital provided by a third-party that requires time to 
     effectuate; or
       (I) take any other regulatory or contractual remedies 
     available as deemed necessary and appropriate by the 
     Secretary.
       (d) The Secretary shall take appropriate steps to ensure 
     that project-based contracts remain in effect, subject to the 
     exercise of contractual abatement remedies to assist 
     relocation of tenants for major threats to health and safety 
     after written notice to the affected tenants. To the extent 
     the Secretary determines, in consultation with the tenants 
     and the local government, that the property is not feasible 
     for continued rental assistance payments under such section 8 
     or other programs, based on consideration of--
       (1) the costs of rehabilitating and operating the property 
     and all available Federal, State, and local resources, 
     including rent adjustments under section 524 of the 
     Multifamily Assisted Housing Reform and Affordability Act of 
     1997 (``MAHRAA''); and
       (2) environmental conditions that cannot be remedied in a 
     cost-effective fashion, the Secretary may contract for 
     project-based rental assistance payments with an owner or 
     owners of other existing housing properties, or provide other 
     rental assistance.
       (e) The Secretary shall report quarterly on all properties 
     covered by this section that are assessed through the Real 
     Estate Assessment Center and have UPCS physical inspection 
     scores of less than 60 or have received an unsatisfactory 
     management and occupancy review within the past 36 months. 
     The report shall include--
       (1) identification of the enforcement actions being taken 
     to address such conditions, including imposition of civil 
     money penalties and termination of subsidies, and 
     identification of properties that have such conditions 
     multiple times;

[[Page H7516]]

       (2) identification of actions that the Department of 
     Housing and Urban Development is taking to protect tenants of 
     such identified properties; and
       (3) any administrative or legislative recommendations to 
     further improve the living conditions at properties covered 
     under a housing assistance payment contract.
     This report shall be submitted to the Senate and House 
     Committees on Appropriations not later than 30 days after the 
     enactment of this Act, and on the first business day of each 
     Federal fiscal year quarter thereafter while this section 
     remains in effect.
       Sec. 220.  None of the funds made available by this Act, or 
     any other Act, for purposes authorized under section 8 (only 
     with respect to the tenant-based rental assistance program) 
     and section 9 of the United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.), may be used by any public housing 
     agency for any amount of salary, including bonuses, for the 
     chief executive officer of which, or any other official or 
     employee of which, that exceeds the annual rate of basic pay 
     payable for a position at level IV of the Executive Schedule 
     at any time during any public housing agency fiscal year 
     2021.
       Sec. 221.  None of the funds made available by this Act and 
     provided to the Department of Housing and Urban Development 
     may be used to make a grant award unless the Secretary 
     notifies the House and Senate Committees on Appropriations 
     not less than 3 full business days before any project, State, 
     locality, housing authority, Tribe, nonprofit organization, 
     or other entity selected to receive a grant award is 
     announced by the Department or its offices.
       Sec. 222.  None of the funds made available by this Act may 
     be used to require or enforce the Physical Needs Assessment 
     (PNA).
       Sec. 223.  None of the funds made available in this Act 
     shall be used by the Federal Housing Administration, the 
     Government National Mortgage Association, or the Department 
     of Housing and Urban Development to insure, securitize, or 
     establish a Federal guarantee of any mortgage or mortgage 
     backed security that refinances or otherwise replaces a 
     mortgage that has been subject to eminent domain condemnation 
     or seizure, by a State, municipality, or any other political 
     subdivision of a State.
       Sec. 224.  None of the funds made available by this Act may 
     be used to terminate the status of a unit of general local 
     government as a metropolitan city (as defined in section 102 
     of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5302)) with respect to grants under section 106 of 
     such Act (42 U.S.C. 5306).
       Sec. 225.  Amounts made available by this Act that are 
     appropriated, allocated, advanced on a reimbursable basis, or 
     transferred to the Office of Policy Development and Research 
     of the Department of Housing and Urban Development and 
     functions thereof, for research, evaluation, or statistical 
     purposes, and that are unexpended at the time of completion 
     of a contract, grant, or cooperative agreement, may be 
     deobligated and shall immediately become available and may be 
     reobligated in that fiscal year or the subsequent fiscal year 
     for the research, evaluation, or statistical purposes for 
     which the amounts are made available to that Office subject 
     to reprogramming requirements in section 405 of this Act.
       Sec. 226.  None of the funds provided in this Act or any 
     other Act may be used for awards, including performance, 
     special act, or spot, for any employee of the Department of 
     Housing and Urban Development subject to administrative 
     discipline (including suspension from work), in this fiscal 
     year, but this prohibition shall not be effective prior to 
     the effective date of any such administrative discipline or 
     after any final decision over-turning such discipline.
       Sec. 227.  With respect to grant amounts awarded under the 
     heading ``Homeless Assistance Grants'' for fiscal years 2015 
     through 2021 for the Continuum of Care (CoC) program as 
     authorized under subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act, costs paid by program income of 
     grant recipients may count toward meeting the recipient's 
     matching requirements, provided the costs are eligible CoC 
     costs that supplement the recipient's CoC program.
       Sec. 228. (a) From amounts made available under this title 
     under the heading ``Homeless Assistance Grants'', the 
     Secretary may award 1-year transition grants to recipients of 
     funds for activities under subtitle C of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11381 et seq.) to 
     transition from one Continuum of Care program component to 
     another.
       (b) In order to be eligible to receive a transition grant, 
     the funding recipient must have the consent of the continuum 
     of care and meet standards determined by the Secretary.
       Sec. 229.  None of the funds made available by this Act may 
     be used by the Department of Housing and Urban Development to 
     direct a grantee to undertake specific changes to existing 
     zoning laws as part of carrying out the final rule entitled 
     ``Affirmatively Furthering Fair Housing'' (80 Fed. Reg. 42272 
     (July 16, 2015)) or the notice entitled ``Affirmatively 
     Furthering Fair Housing Assessment Tool'' (79 Fed. Reg. 57949 
     (September 26, 2014)).
       Sec. 230.  The Promise Zone designations and Promise Zone 
     Designation Agreements entered into pursuant to such 
     designations, made by the Secretary in prior fiscal years, 
     shall remain in effect in accordance with the terms and 
     conditions of such agreements.
       Sec. 231.  None of the funds made available by this Act may 
     be used to establish and apply review criteria, including 
     rating factors or preference points, for participation in or 
     coordination with EnVision Centers, in the evaluation, 
     selection, and award of any funds made available and 
     requiring competitive selection under this Act, except with 
     respect to any such funds otherwise authorized for EnVision 
     Center purposes under this Act.
       Sec. 232.  None of the funds made available by this or any 
     prior Act may be used to require or enforce any changes to 
     the terms and conditions of the public housing annual 
     contributions contract between the Secretary and any public 
     housing agency, as such contract was in effect as of December 
     31, 2017, unless such changes are mutually agreed upon by the 
     Secretary and such agency:  Provided, That such agreement by 
     an agency may be indicated only by a written amendment to the 
     terms and conditions containing the duly authorized signature 
     of its chief executive:  Provided further, That the Secretary 
     may not withhold funds to compel such agreement by an agency 
     which certifies to its compliance with its contract.
       Sec. 233.  None of the amounts made available in this Act 
     may be used to consider Family Self-Sufficiency performance 
     measures or performance scores in determining funding awards 
     for programs receiving Family Self-Sufficiency program 
     coordinator funding provided in this Act.
       Sec. 234.  Any public housing agency designated as a Moving 
     to Work agency pursuant to section 239 of division L of 
     Public Law 114-113 (42 U.S.C. 1437f note; 129 Stat. 2897) 
     may, upon such designation, use funds (except for special 
     purpose funding, including special purpose vouchers) 
     previously allocated to any such public housing agency under 
     section 8 or 9 of the United States Housing Act of 1937, 
     including any reserve funds held by the public housing agency 
     or funds held by the Department of Housing and Urban 
     Development, pursuant to the authority for use of section 8 
     or 9 funding provided under such section and section 204 of 
     title II of the Departments of Veterans Affairs and Housing 
     and Urban Development and Independent Agencies Appropriations 
     Act, 1996 (Public Law 104-134; 110 Stat. 1321-28), 
     notwithstanding the purposes for which such funds were 
     appropriated.
       Sec. 235.  None of the amounts made available by this Act 
     may be used to prohibit any public housing agency under 
     receivership or the direction of a Federal monitor from 
     applying for, receiving, or using funds made available under 
     the heading ``Public Housing Fund'' for competitive grants to 
     evaluate and reduce lead-based paint hazards in this Act or 
     that remain available and not awarded from prior Acts, or be 
     used to prohibit a public housing agency from using such 
     funds to carry out any required work pursuant to a settlement 
     agreement, consent decree, voluntary agreement, or similar 
     document for a violation of the Lead Safe Housing or Lead 
     Disclosure Rules.
       Sec. 236.  There are hereby rescinded, from funds 
     appropriated under the heading ``Department of Housing and 
     Urban Development--Housing Programs--Rental Housing 
     Assistance''--
       (1) all unobligated balances from recaptured amounts 
     appropriated prior to fiscal year 2006 from terminated 
     contracts under section 236(f)(2) of the National Housing Act 
     (12 U.S.C. 1715z-1(f)(2)), and any unobligated balances, 
     including recaptures and carryover, remaining from funds 
     appropriated under such heading after fiscal year 2005; and
       (2) any funds remaining from amounts appropriated under 
     such heading in the prior fiscal year.
       Sec. 237.  None of the funds made available by this title 
     may be used to issue rules or guidance in contravention of 
     section 210 of Public Law 115-254 (132 Stat. 3442) or section 
     312 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5155).
       Sec. 238.  No later than September 30, 2021, the remaining 
     unobligated balances of funds made available for the youth 
     homelessness demonstration under the heading ``Department of 
     Housing and Urban Development--Community Planning and 
     Development--Homeless Assistance Grants'' in the Consolidated 
     Appropriations Act, 2019 (Public Law 116-6) are hereby 
     permanently rescinded, and an amount of additional new budget 
     authority equivalent to the amount rescinded is hereby 
     appropriated, to remain available until September 30, 2022, 
     in addition to other funds as may be available for such 
     purposes, and shall be available, without additional 
     competition, for completing the funding of awards made 
     pursuant to the fiscal year 2019 youth homelessness 
     demonstration.
       This title may be cited as the ``Department of Housing and 
     Urban Development Appropriations Act, 2021''.

                               TITLE III

                            RELATED AGENCIES

                              Access Board

                         salaries and expenses

       For expenses necessary for the Access Board, as authorized 
     by section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 
     792), $9,200,000:  Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                      Federal Maritime Commission

                         salaries and expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936 (46 U.S.C. 307), including services as authorized by 
     section 3109 of title 5, United States Code; hire of 
     passenger motor vehicles as authorized by section 1343(b) of 
     title 31, United States Code; and uniforms or allowances 
     therefore, as authorized by sections 5901 and 5902 of title 
     5, United States Code, $30,300,000:  Provided, That not to 
     exceed $3,500 shall be for official reception and 
     representation expenses.

                National Railroad Passenger Corporation

                      Office of Inspector General

                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     for the National Railroad Passenger Corporation to carry out 
     the provisions

[[Page H7517]]

     of the Inspector General Act of 1978 (5 U.S.C. App. 3), 
     $25,274,000:  Provided, That the Inspector General shall have 
     all necessary authority, in carrying out the duties specified 
     in such Act, to investigate allegations of fraud, including 
     false statements to the Government under section 1001 of 
     title 18, United States Code, by any person or entity that is 
     subject to regulation by the National Railroad Passenger 
     Corporation:  Provided further, That the Inspector General 
     may enter into contracts and other arrangements for audits, 
     studies, analyses, and other services with public agencies 
     and with private persons, subject to the applicable laws and 
     regulations that govern the obtaining of such services within 
     the National Railroad Passenger Corporation:  Provided 
     further, That the Inspector General may select, appoint, and 
     employ such officers and employees as may be necessary for 
     carrying out the functions, powers, and duties of the Office 
     of Inspector General, subject to the applicable laws and 
     regulations that govern such selections, appointments, and 
     employment within the National Railroad Passenger 
     Corporation:  Provided further, That concurrent with the 
     President's budget request for fiscal year 2022, the 
     Inspector General shall submit to the House and Senate 
     Committees on Appropriations a budget request for fiscal year 
     2022 in similar format and substance to budget requests 
     submitted by executive agencies of the Federal Government.

                  National Transportation Safety Board

                         salaries and expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902), 
     $118,400,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses:  Provided, 
     That the amounts made available to the National 
     Transportation Safety Board in this Act include amounts 
     necessary to make lease payments on an obligation incurred in 
     fiscal year 2001 for a capital lease.

                 Neighborhood Reinvestment Corporation

          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $163,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program:  
     Provided, That an additional $2,000,000, to remain available 
     until September 30, 2024, shall be for the promotion and 
     development of shared equity housing models.

                      Surface Transportation Board

                         salaries and expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by section 3109 of title 5, 
     United States Code, $37,500,000:  Provided, That, 
     notwithstanding any other provision of law, not to exceed 
     $1,250,000 from fees established by the Surface 
     Transportation Board shall be credited to this appropriation 
     as offsetting collections and used for necessary and 
     authorized expenses under this heading:  Provided further, 
     That the amounts made available under this heading from the 
     general fund shall be reduced on a dollar-for-dollar basis as 
     such offsetting collections are received during fiscal year 
     2021, to result in a final appropriation from the general 
     fund estimated at not more than $36,250,000.

           United States Interagency Council on Homelessness

                           operating expenses

       For necessary expenses, including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms, and the employment of experts and 
     consultants under section 3109 of title 5, United States 
     Code, of the United States Interagency Council on 
     Homelessness in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $3,800,000.

                                TITLE IV

                      GENERAL PROVISIONS--THIS ACT

       Sec. 401.  None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 402.  None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 403.  The expenditure of any appropriation under this 
     Act for any consulting service through a procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 404. (a) None of the funds made available in this Act 
     may be obligated or expended for any employee training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 405.  Except as otherwise provided in this Act, none 
     of the funds provided in this Act, provided by previous 
     appropriations Acts to the agencies or entities funded in 
     this Act that remain available for obligation or expenditure 
     in fiscal year 2021, or provided from any accounts in the 
     Treasury derived by the collection of fees and available to 
     the agencies funded by this Act, shall be available for 
     obligation or expenditure through a reprogramming of funds 
     that--
       (1) creates a new program;
       (2) eliminates a program, project, or activity;
       (3) increases funds or personnel for any program, project, 
     or activity for which funds have been denied or restricted by 
     the Congress;
       (4) proposes to use funds directed for a specific activity 
     by either the House or Senate Committees on Appropriations 
     for a different purpose;
       (5) augments existing programs, projects, or activities in 
     excess of $5,000,000 or 10 percent, whichever is less;
       (6) reduces existing programs, projects, or activities by 
     $5,000,000 or 10 percent, whichever is less; or
       (7) creates, reorganizes, or restructures a branch, 
     division, office, bureau, board, commission, agency, 
     administration, or department different from the budget 
     justifications submitted to the Committees on Appropriations 
     or the table accompanying the explanatory statement described 
     in section 4 (in the matter preceding division A of this 
     consolidated Act), whichever is more detailed, unless prior 
     approval is received from the House and Senate Committees on 
     Appropriations:  Provided, That not later than 60 days after 
     the date of enactment of this Act, each agency funded by this 
     Act shall submit a report to the Committees on Appropriations 
     of the Senate and of the House of Representatives to 
     establish the baseline for application of reprogramming and 
     transfer authorities for the current fiscal year:  Provided 
     further, That the report shall include--
       (A) a table for each appropriation with a separate column 
     to display the prior year enacted level, the President's 
     budget request, adjustments made by Congress, adjustments due 
     to enacted rescissions, if appropriate, and the fiscal year 
     enacted level;
       (B) a delineation in the table for each appropriation and 
     its respective prior year enacted level by object class and 
     program, project, and activity as detailed in this Act, the 
     table accompanying the explanatory statement described in 
     section 4 (in the matter preceding division A of this 
     consolidated Act), accompanying reports of the House and 
     Senate Committee on Appropriations, or in the budget appendix 
     for the respective appropriations, whichever is more 
     detailed, and shall apply to all items for which a dollar 
     amount is specified and to all programs for which new budget 
     (obligational) authority is provided, as well as to 
     discretionary grants and discretionary grant allocations; and
       (C) an identification of items of special congressional 
     interest.
       Sec. 406.  Except as otherwise specifically provided by 
     law, not to exceed 50 percent of unobligated balances 
     remaining available at the end of fiscal year 2021 from 
     appropriations made available for salaries and expenses for 
     fiscal year 2021 in this Act, shall remain available through 
     September 30, 2022, for each such account for the purposes 
     authorized:  Provided, That a request shall be submitted to 
     the House and Senate Committees on Appropriations for 
     approval prior to the expenditure of such funds:  Provided 
     further, That these requests shall be made in compliance with 
     reprogramming guidelines under section 405 of this Act.
       Sec. 407.  No funds in this Act may be used to support any 
     Federal, State, or local projects that seek to use the power 
     of eminent domain, unless eminent domain is employed only for 
     a public use:  Provided, That for purposes of this section, 
     public use shall not be construed to include economic 
     development that primarily benefits private entities:  
     Provided further, That any use of funds for mass transit, 
     railroad, airport, seaport or highway projects, as well as 
     utility projects which benefit or serve the general public 
     (including energy-related, communication-related, water-
     related and wastewater-related infrastructure), other 
     structures designated for use by the general public or which 
     have other common-carrier or public-utility functions that 
     serve the general public and are subject to regulation and 
     oversight by the government, and projects for the removal of 
     an immediate threat to public health and safety or 
     brownfields as defined in the Small Business Liability Relief 
     and Brownfields Revitalization Act (Public Law 107-118) shall 
     be considered a public use for purposes of eminent domain.
       Sec. 408.  None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriations Act.
       Sec. 409.  No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his or her 
     period of active military or naval service, and has within 90 
     days after his

[[Page H7518]]

     or her release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his or her former 
     position and has been certified by the Office of Personnel 
     Management as still qualified to perform the duties of his or 
     her former position and has not been restored thereto.
       Sec. 410.  No funds appropriated pursuant to this Act may 
     be expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 8301-8305, 
     popularly known as the ``Buy American Act'').
       Sec. 411.  No funds appropriated or otherwise made 
     available under this Act shall be made available to any 
     person or entity that has been convicted of violating the Buy 
     American Act (41 U.S.C. 8301-8305).
       Sec. 412.  None of the funds made available in this Act may 
     be used for first-class airline accommodations in 
     contravention of sections 301-10.122 and 301-10.123 of title 
     41, Code of Federal Regulations.
       Sec. 413. (a) None of the funds made available by this Act 
     may be used to approve a new foreign air carrier permit under 
     sections 41301 through 41305 of title 49, United States Code, 
     or exemption application under section 40109 of that title of 
     an air carrier already holding an air operators certificate 
     issued by a country that is party to the U.S.-E.U.-Iceland-
     Norway Air Transport Agreement where such approval would 
     contravene United States law or Article 17 bis of the U.S.-
     E.U.-Iceland-Norway Air Transport Agreement.
       (b) Nothing in this section shall prohibit, restrict or 
     otherwise preclude the Secretary of Transportation from 
     granting a foreign air carrier permit or an exemption to such 
     an air carrier where such authorization is consistent with 
     the U.S.-E.U.-Iceland-Norway Air Transport Agreement and 
     United States law.
       Sec. 414.  None of the funds made available in this Act may 
     be used to send or otherwise pay for the attendance of more 
     than 50 employees of a single agency or department of the 
     United States Government, who are stationed in the United 
     States, at any single international conference unless the 
     relevant Secretary reports to the House and Senate Committees 
     on Appropriations at least 5 days in advance that such 
     attendance is important to the national interest:  Provided, 
     That for purposes of this section the term ``international 
     conference'' shall mean a conference occurring outside of the 
     United States attended by representatives of the United 
     States Government and of foreign governments, international 
     organizations, or nongovernmental organizations.
       Sec. 415.  None of the funds appropriated or otherwise made 
     available under this Act may be used by the Surface 
     Transportation Board to charge or collect any filing fee for 
     rate or practice complaints filed with the Board in an amount 
     in excess of the amount authorized for district court civil 
     suit filing fees under section 1914 of title 28, United 
     States Code.
       Sec. 416. (a) None of the funds made available in this Act 
     may be used to maintain or establish a computer network 
     unless such network blocks the viewing, downloading, and 
     exchanging of pornography.
       (b) Nothing in subsection (a) shall limit the use of funds 
     necessary for any Federal, State, tribal, or local law 
     enforcement agency or any other entity carrying out criminal 
     investigations, prosecution, or adjudication activities.
       Sec. 417. (a) None of the funds made available in this Act 
     may be used to deny an Inspector General funded under this 
     Act timely access to any records, documents, or other 
     materials available to the department or agency over which 
     that Inspector General has responsibilities under the 
     Inspector General Act of 1978 (5 U.S.C. App.), or to prevent 
     or impede that Inspector General's access to such records, 
     documents, or other materials, under any provision of law, 
     except a provision of law that expressly refers to the 
     Inspector General and expressly limits the Inspector 
     General's right of access.
       (b) A department or agency covered by this section shall 
     provide its Inspector General with access to all such 
     records, documents, and other materials in a timely manner.
       (c) Each Inspector General shall ensure compliance with 
     statutory limitations on disclosure relevant to the 
     information provided by the establishment over which that 
     Inspector General has responsibilities under the Inspector 
     General Act of 1978 (5 U.S.C. App.).
       (d) Each Inspector General covered by this section shall 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate within 5 calendar days any 
     failures to comply with this requirement.
       Sec. 418.  None of the funds appropriated or otherwise made 
     available by this Act may be used to pay award or incentive 
     fees for contractors whose performance has been judged to be 
     below satisfactory, behind schedule, over budget, or has 
     failed to meet the basic requirements of a contract, unless 
     the Agency determines that any such deviations are due to 
     unforeseeable events, government-driven scope changes, or are 
     not significant within the overall scope of the project and/
     or program unless such awards or incentive fees are 
     consistent with 16.401(e)(2) of the Federal Acquisition 
     Regulations.
       Sec. 419.  In allocating and awarding available amounts 
     provided under the heading ``Homeless Assistance Grants'' in 
     the Department of Housing and Urban Development 
     Appropriations Act, 2020 (Public Law 116-94), the same 
     heading for fiscal year 2019 (Public Law 116-6), and section 
     231 of Public Law 116-94 for the Continuum of Care program, 
     the Secretary of Housing and Urban Development shall renew 
     for one 12-month period, without additional competition, all 
     projects with existing grants expiring during calendar year 
     2021, including youth homeless demonstration projects and 
     shelter plus care projects expiring during calendar year 
     2021, notwithstanding any inconsistent provisions in such 
     Acts or in subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act, as amended:  Provided, That 
     Continuum of Care planning and Unified Funding Agency awards 
     expiring in calendar year 2021 may also be renewed and that 
     the Continuum of Care may designate a new collaborative 
     applicant to receive the award in accordance with the 
     existing process established by the Secretary:  Provided 
     further, That the Secretary shall publish a Notice that 
     identifies and lists all projects and awards eligible for 
     such noncompetitive renewal, prescribes the format and 
     process by which the projects and awards from the list will 
     be renewed, makes adjustments to the renewal amount based on 
     changes to the Fair Market Rent, and establishes a maximum 
     amount for the renewal of planning and Unified Funding Agency 
     awards notwithstanding the requirement that such maximum 
     amount be established in a Notice of Funding Availability.
       Sec. 420.  Of the amounts made available by this Act for 
     fiscal year 2021 under the heading ``Department of Housing 
     and Urban Development--Public and Indian Housing--Tenant-
     Based Rental Assistance'' and specified in the first 
     paragraph of such heading, $695,000,000 is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.
       Sec. 421.  In addition to funds provided to the ``Payments 
     to Air Carriers'' program in Public Law 116-94, Public Law 
     116-136, and this Act to carry out the essential air service 
     program under section 41731 through 41742 of title 49, United 
     States Code, $23,332,000 to be derived from the Treasury, and 
     to be made available to the Essential Air Service and Rural 
     Improvement Fund, to prevent, prepare for, and respond to 
     coronavirus, including to offset the loss resulting from the 
     coronavirus pandemic of the mandatory overflight fees 
     collected pursuant to section 45301 of title 49, United 
     States Code:  Provided, That, notwithstanding section 41733 
     of title 49, United States Code, for each of fiscal years 
     2020 and 2021, the requirements established under 
     subparagraphs (B) and (C) of section 41731(a)(1) of title 49, 
     United States Code, and the subsidy cap established by 
     section 332 of the Department of Transportation and Related 
     Agencies Appropriations Act, 2000, shall not apply to 
     maintain eligibility under section 417831 of title 49, United 
     States Code:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       Sec. 422.  Section 47114(c)(1) of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(J) Special rule for fiscal years 2022 and 2023.--
     Notwithstanding subparagraph (A) and the absence of scheduled 
     passenger aircraft service at an airport, the Secretary shall 
     apportion in fiscal years 2022 and 2023 to the sponsor of the 
     airport an amount based on the number of passenger boardings 
     at the airport during whichever of the following years that 
     would result in the highest apportioned amount:
       ``(i) Calendar year 2018.
       ``(ii) Calendar year 2019.
       ``(iii) The prior full calendar year prior to the current 
     fiscal year.''.
       Sec. 423.  Notwithstanding section 47124(d)(1)(B) of title 
     49, United States Code, the Secretary of Transportation shall 
     not calculate a benefit-to-cost ratio with respect to an air 
     traffic control tower participating in the Contract Tower 
     Program on the basis of an annual aircraft traffic decrease 
     in fiscal years 2020 and 2021.
       This division may be cited as the ``Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2021''.

DIVISION M--CORONAVIRUS RESPONSE AND RELIEF SUPPLEMENTAL APPROPRIATIONS 
                               ACT, 2021

                                TITLE I

                         DEPARTMENT OF COMMERCE

            NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

                     fisheries disaster assistance

       For an additional amount for ``Fisheries Disaster 
     Assistance'', $300,000,000 to remain available until 
     September 30, 2021, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally, which shall 
     only be for activities authorized under section 12005 of the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136):  Provided, That the amount provided under this 
     heading in this Act shall only be allocated to States of the 
     United States bordering the Atlantic, Pacific, or Arctic 
     Ocean, the Gulf of Mexico, or the Great Lakes, as well as 
     Puerto Rico, the United States Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, American Samoa, 
     and federally recognized Tribes in any of the Nation's 
     coastal States and territories, and federally recognized 
     Tribes in any of the Nation's Great Lakes States with 
     fisheries on the Tribe's reservation or ceded or usual and 
     accustomed territory:  Provided further, That each State and 
     territory in the preceding proviso, except those States only 
     bordering the Great Lakes, shall receive an amount equal to 
     not less than 1 percent of the amount provided under this 
     heading in this Act and not greater than, from amounts 
     provided under either section 12005 of Public Law 116-136 or 
     amounts provided under this heading in this Act, that State 
     or territory's total annual average revenue from commercial 
     fishing operations, aquaculture firms, the seafood supply 
     chain, and charter fishing businesses:  Provided further, 
     That of the funds provided under this heading in this Act, 
     $30,000,000

[[Page H7519]]

     shall be for coronavirus related fishing impacts for Tribal 
     fishery participants referenced in the first proviso:  
     Provided further, That the National Oceanic and Atmospheric 
     Administration, in consultation with Tribes referenced in the 
     first proviso, shall develop an application and distribution 
     process to disburse funds to all eligible impacted Tribes in 
     a manner that takes into account economic, subsistence, and 
     ceremonial impacts to Tribes and that ensures timely 
     distribution of funds:  Provided further, That of the funds 
     provided under this heading in this Act, $15,000,000 shall be 
     for all coronavirus related fishing impacts to non-tribal 
     commercial, aquaculture, processor, and charter fishery 
     participants in States of the United States bordering the 
     Great Lakes:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE II

                    DEPARTMENT OF HOMELAND SECURITY

            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                  Federal Emergency Management Agency

                          disaster relief fund

       For an additional amount for ``Federal Emergency Management 
     Agency--Disaster Relief Fund'', $2,000,000,000, to remain 
     available until expended, to carry out the purposes of 
     section 201 of this title:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                           GENERAL PROVISIONS

       Sec. 201. (a) For the emergency declaration issued by the 
     President on March 13, 2020, pursuant to section 501(b) of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191(b)), and for any subsequent 
     major disaster declaration under section 401 of such Act (42 
     U.S.C. 5170) that supersedes such emergency declaration, the 
     President shall provide financial assistance to an individual 
     or household to meet disaster-related funeral expenses under 
     section 408(e)(1) of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5174(e)(1)), for such 
     expenses incurred through December 31, 2020, for which the 
     Federal cost share shall be 100 percent.
       (b) Nothing in this section shall be construed to otherwise 
     limit the authorities of the President under the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5121 et seq.).

                               TITLE III

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration

                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $55,000,000, to remain available until expended, to prevent, 
     prepare for, and respond to coronavirus, domestically or 
     internationally, of which $9,000,000 shall be for the 
     development of necessary medical countermeasures and 
     vaccines, $30,500,000 shall be for advanced manufacturing for 
     medical products, $1,500,000 shall be for the monitoring of 
     medical product supply chains, $7,600,000 shall be for other 
     public health research and response investments, $1,400,000 
     shall be for data management operation tools, and $5,000,000 
     shall be for after action review activities:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

               Centers for Disease Control and Prevention

                cdc-wide activities and program support

                     (including transfer of funds)

        For an additional amount for ``CDC-Wide Activities and 
     Program Support'', $8,750,000,000, to remain available until 
     September 30, 2024, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     amounts appropriated under this heading in this Act shall be 
     for activities to plan, prepare for, promote, distribute, 
     administer, monitor, and track coronavirus vaccines to ensure 
     broad-based distribution, access, and vaccine coverage:  
     Provided further, That of the amount appropriated under this 
     heading in this Act, not less than $4,500,000,000 shall be 
     for States, localities, territories, tribes, tribal 
     organizations, urban Indian health organizations, or health 
     service providers to tribes:  Provided further, That of the 
     amount in the preceding proviso, $210,000,000, shall be 
     transferred to the ``Department of Health and Human 
     Services--Indian Health Service--Indian Health Services'' to 
     be allocated at the discretion of the Director of the Indian 
     Health Service and distributed through Indian Health Service 
     directly operated programs and to tribes and tribal 
     organizations under the Indian Self-Determination and 
     Education Assistance Act and through contracts or grants with 
     urban Indian organizations under title V of the Indian Health 
     Care Improvement Act:  Provided further, That the amount 
     transferred to tribes and tribal organizations under the 
     Indian Self-Determination and Education Assistance Act in the 
     preceding proviso shall be transferred on a one-time, non-
     recurring basis, is not part of the amount required by 25 
     U.S.C. 5325, and may only be used for the purposes identified 
     under this heading in this Act, notwithstanding any other 
     provision of law:  Provided further, That the amounts 
     identified in the second proviso under this heading in this 
     Act, except for the amounts transferred pursuant to the third 
     proviso under this heading in this Act, shall be allocated to 
     States, localities, and territories according to the formula 
     that applied to the Public Health Emergency Preparedness 
     cooperative agreement in fiscal year 2020:  Provided further, 
     That of the amounts identified in the second proviso under 
     this heading in this Act, except for the amounts transferred 
     pursuant to the third proviso under this heading in this Act, 
     not less than $1,000,000,000 shall be made available within 
     21 days of the date of enactment of this Act:  Provided 
     further, That of the amounts identified in the second proviso 
     under this heading in this Act, except for the amounts 
     transferred pursuant to the third proviso under this heading 
     in this Act, not less than $300,000,000 shall be for high-
     risk and underserved populations, including racial and ethnic 
     minority populations and rural communities:  Provided 
     further, That the Director of the Centers for Disease Control 
     and Prevention (``CDC'') may satisfy the funding thresholds 
     outlined in the second, fifth, sixth, and seventh provisos by 
     making awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That amounts appropriated 
     under this heading in this Act may be used to restore, either 
     directly or through reimbursement, obligations incurred for 
     coronavirus vaccine promotion, preparedness, tracking, and 
     distribution prior to the enactment of this Act:  Provided 
     further, That the Director of the CDC shall provide an 
     updated and comprehensive coronavirus vaccine distribution 
     strategy and a spend plan, to include funds already allocated 
     for distribution, to the Committees on Appropriations of the 
     House of Representatives and the Senate and the Committee on 
     Energy and Commerce of the House of Representatives and 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate within 30 days of enactment of this Act:  Provided 
     further, That such strategy and plan shall include how 
     existing infrastructure will be leveraged, enhancements or 
     new infrastructure that may be built, considerations for 
     moving and storing vaccines, guidance for how States, 
     localities, territories, tribes, tribal organizations, urban 
     Indian health organizations, or health service providers to 
     tribes, and health care providers should prepare for, store, 
     and administer vaccines, nationwide vaccination targets, 
     funding that will be distributed to States, localities, and 
     territories, how an informational campaign to inform both the 
     public and health care providers will be executed, and how 
     the strategy and plan will focus efforts on high-risk and 
     underserved populations, including racial and ethnic minority 
     populations:  Provided further, That such strategy and plan 
     shall be updated and provided to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     and the Committee on Energy and Commerce of the House of 
     Representatives and Committee on Health, Education, Labor, 
     and Pensions of the Senate every 90 days through the end of 
     the fiscal year:  Provided further, That amounts appropriated 
     under this heading in this Act may be used for grants for the 
     construction, alteration, or renovation of non-Federally 
     owned facilities to improve preparedness and response 
     capability at the State and local level:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     National Institutes of Health

                         Office of the Director

                     (including transfer of funds)

        For an additional amount for ``Office of the Director'', 
     $1,250,000,000, to remain available until September 30, 2024, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That of the 
     amount appropriated under this heading in this Act, 
     $1,150,000,000 shall be provided for research and clinical 
     trials related to long-term studies of COVID-19:  Provided 
     further, That of the amount appropriated under this heading 
     in this Act, no less than $100,000,000 shall be for the Rapid 
     Acceleration of Diagnostics:  Provided further, That funds 
     appropriated under this heading in this Act may be 
     transferred to the accounts of Institutes and Centers of the 
     National Institutes of Health (NIH):  Provided further, That 
     this transfer authority is in addition to any other transfer 
     authority available to the NIH:  Provided further, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

       Substance Abuse and Mental Health Services Administration

                Health Surveillance and Program Support

       For an additional amount for ``Heath Surveillance and 
     Program Support'', $4,250,000,000, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally:  
     Provided, That of the amount appropriated under this heading 
     in this Act, $1,650,000,000 shall be for grants for the 
     substance abuse prevention and treatment block grant program 
     under subpart II of part B of title XIX of the Public Health 
     Service Act (``PHS Act''):  Provided further, That of the 
     amount appropriated under this heading in this Act, 
     $1,650,000,000 shall be for grants for the community mental 
     health services block grant program under subpart I of part B 
     of title XIX of the PHS Act:  Provided further, That of the 
     amount appropriated in the preceding proviso, the Assistant 
     Secretary is directed to provide no less than 50 percent of 
     funds directly to facilities defined in section 1913(c) of 
     the PHS Act:  Provided further, That of the amount 
     appropriated under this heading in this Act, not less than 
     $600,000,000 is available for the Certified Community 
     Behavioral Health Clinic Expansion Grant program:

[[Page H7520]]

      Provided further, That of the amount appropriated under this 
     heading in this Act, not less than $50,000,000 shall be 
     available for suicide prevention programs:  Provided further, 
     That of the amount appropriated under this heading in this 
     Act, $50,000,000 shall be for activities and services under 
     Project AWARE:  Provided further, That of the amount 
     appropriated under this heading in this Act, not less than 
     $240,000,000 is available for activities authorized under 
     section 501(o) of the PHS Act:  Provided further, That the 
     Assistant Secretary may prioritize amounts appropriated in 
     the preceding proviso to eligible states that did not receive 
     amounts made available for such purpose under the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136):  
     Provided further, That of the amount appropriated under this 
     heading in this Act, $10,000,000 shall be for the National 
     Child Traumatic Stress Network:  Provided further, That from 
     within the amount appropriated under this heading in this Act 
     in the previous provisos, a total of not less than 
     $125,000,000 shall be allocated to tribes, tribal 
     organizations, urban Indian health organizations, or health 
     or behavioral health service providers to tribes:  Provided 
     further, That with respect to the amount appropriated under 
     this heading in this Act the Substance Abuse and Mental 
     Health Services Administration shall maintain the 20 percent 
     set-aside for prevention, but may waive requirements with 
     respect to allowable activities, timelines, or reporting 
     requirements for the Substance Abuse Prevention and Treatment 
     Block Grant and the Community Mental Health Services Block 
     Grant as deemed necessary to facilitate a grantee's response 
     to coronavirus:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                Administration for Children and Families

   payments to states for the child care and development block grant

       For an additional amount for ``Payments to States for the 
     Child Care and Development Block Grant'', $10,000,000,000 to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally which shall be used to 
     supplement, not supplant State, Territory, and Tribal general 
     revenue funds for child care assistance for low-income 
     families within the United States (including territories) 
     without regard to requirements in sections 658E(c)(3)(D)-(E), 
     or 658G of the Child Care and Development Block Grant Act 
     (``CCDBG Act''):  Provided, That funds appropriated under 
     this heading in this Act may be used for costs of providing 
     relief from copayments and tuition payments for families and 
     for paying that portion of the child care provider's cost 
     ordinarily paid through family copayments to provide 
     continued payments and assistance to child care providers in 
     the case of decreased enrollment or closures related to 
     coronavirus, and to assure they are able to remain open or 
     reopen as appropriate and applicable, including for fixed 
     costs and increased operating expenses:  Provided further, 
     That States, Territories, and Tribes are encouraged to place 
     conditions on payments to child care providers that ensure 
     that child care providers use a portion of funds received to 
     continue to pay the salaries and wages of staff:  Provided 
     further, That lead agencies may use funds provided under this 
     heading in this Act to support the stability of the child 
     care sector to help providers afford increased operating 
     expenses during the COVID-19 public health emergency, and 
     shall publicize widely the availability of, and provide 
     technical assistance to help providers apply for, funding 
     available for such purposes, including among center-based 
     child care providers, family child care providers, and group 
     home child care providers:  Provided further, That lead 
     agencies are encouraged to implement enrollment and 
     eligibility policies that support the fixed costs of 
     providing child care services by delinking provider 
     reimbursement rates from an eligible child's absence and a 
     provider's closure due to the COVID-19 public health 
     emergency:  Provided further, That the Secretary shall remind 
     States that Child Care and Development Block Grant 
     (``CCDBG'') State plans do not need to be amended prior to 
     utilizing existing authorities in the CCDBG Act for the 
     purposes provided herein:  Provided further, That States, 
     Territories, and Tribes are authorized to use funds 
     appropriated under this heading in this Act to provide child 
     care assistance to health care sector employees, emergency 
     responders, sanitation workers, farmworkers, and other 
     workers deemed essential during the response to coronavirus 
     by public officials, without regard to the income eligibility 
     requirements of section 658P(4) of such Act:  Provided 
     further, That States, Territories, and Tribes shall use a 
     portion of funds appropriated under this heading in this Act 
     to provide assistance to eligible child care providers under 
     section 658P(6) of the CCDBG Act that were not receiving 
     CCDBG assistance prior to the public health emergency as a 
     result of the coronavirus and any renewal of such declaration 
     pursuant to such section 319, for the purposes of cleaning 
     and sanitation, and other activities necessary to maintain or 
     resume the operation of programs, including for fixed costs 
     and increased operating expenses:  Provided further, That 
     funds provided under this heading in this Act may be used to 
     provide technical assistance to child care providers to help 
     providers implement practices and policies in line with 
     guidance from State and local health departments and the 
     Centers for Disease Control and Prevention regarding the safe 
     provision of child care services while there is community 
     transmission of COVID-19:  Provided further, That funds 
     appropriated under this heading in this Act may be made 
     available to restore amounts, either directly or through 
     reimbursement, for obligations incurred to prevent, prepare 
     for, and respond to coronavirus, domestically or 
     internationally, prior to the date of enactment of this Act:  
     Provided further, That the Secretary may reserve not more 
     than $15,000,000 for Federal administrative expenses, which 
     shall remain available through September 30, 2024:  Provided 
     further, That no later than 60 days after the date of 
     enactment of this Act, each State, Territory, and Tribe that 
     receives funding under this heading in this Act shall submit 
     to the Secretary a report, in such manner as the Secretary 
     may require, describing how the funds appropriated under this 
     heading in this Act will be spent and that no later than 90 
     days after the date of enactment of this Act, the Secretary 
     shall submit to the Committees on Appropriations of the House 
     of Representatives and the Senate, the Committee on Education 
     and Labor of the House of Representatives, and the Committee 
     on Health, Education, Labor, and Pensions of the Senate a 
     report summarizing such reports from the States, Territories, 
     and Tribes:  Provided further, That, no later than October 
     31, 2022, each State, Territory, and Tribe that receives 
     funding under this heading in this Act shall submit to the 
     Secretary a report, in such manner as the Secretary may 
     require, describing how the funds appropriated under this 
     heading in this Act were spent and that no later than 60 days 
     after receiving such reports from the States, Territories, 
     and Tribes, the Secretary shall submit to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate, the Committee on Education and Labor of the House of 
     Representatives, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate a report summarizing such 
     reports from the States, Territories, and Tribes:  Provided 
     further, That such amount is designated by the Congress as 
     being for an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.

                 children and families services program

       For an additional amount for ``Children and Families 
     Services Programs'', $250,000,000, to prevent, prepare for, 
     and respond to coronavirus, for making payments under the 
     Head Start Act, including for Federal administrative 
     expenses, and allocated in an amount that bears the same 
     ratio to such portion as the number of enrolled children 
     served by the agency involved bears to the number of enrolled 
     children by all Head Start agencies:  Provided, That none of 
     the funds made available under this heading in the Act shall 
     be included in the calculation of the ``base grant'' in 
     subsequent fiscal years, as such term is defined in sections 
     640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head Start 
     Act:  Provided further, That funds made available under this 
     heading in this Act are not subject to the allocation 
     requirements of section 640(a) of the Head Start Act:  
     Provided further, That such funds may be available to restore 
     amounts, either directly or through reimbursement, for 
     obligations incurred to prevent, prepare for, and respond to 
     coronavirus, prior to the date of enactment of this Act:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                  Administration for Community Living

                 aging and disability services programs

       For an additional amount for ``Aging and Disability 
     Services Programs'', $100,000,000, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     which shall be for activities authorized under Subtitle B of 
     Title XX of the Social Security Act, of which not less than 
     $50,000,000 shall be for implementation of Section 2042(b) of 
     the Social Security Act:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                        Office of the Secretary

            Public Health and Social Services Emergency Fund

                     (including transfer of funds)

       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $22,945,000,000, to remain 
     available until September 30, 2024, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     including the development of necessary countermeasures and 
     vaccines, prioritizing platform-based technologies with U.S.-
     based manufacturing capabilities, the purchase of vaccines, 
     therapeutics, diagnostics, necessary medical supplies, as 
     well as medical surge capacity, and other preparedness and 
     response activities:  Provided, That funds appropriated under 
     this paragraph in this Act may be used to develop and 
     demonstrate innovations and enhancements to manufacturing 
     platforms to support such capabilities:  Provided further, 
     That the Secretary of Health and Human Services (referred to 
     under this heading as ``Secretary'') shall purchase vaccines 
     developed using funds made available under this paragraph in 
     this Act to respond to an outbreak or pandemic related to 
     coronavirus in quantities determined by the Secretary to be 
     adequate to address the public health need:  Provided 
     further, That the Secretary may take into account 
     geographical areas with a high percentage of cross-
     jurisdictional workers when determining allocations of 
     vaccine doses:  Provided further, That products purchased by 
     the Federal government with funds made available under this 
     paragraph in this Act, including vaccines, therapeutics, and 
     diagnostics, shall be purchased in accordance with Federal 
     Acquisition Regulation guidance on fair and reasonable 
     pricing:  Provided further, That the Secretary may take such 
     measures authorized under current law to ensure that 
     vaccines, therapeutics,

[[Page H7521]]

     and diagnostics developed from funds provided in this Act 
     will be affordable in the commercial market:  Provided 
     further, That in carrying out the preceding proviso, the 
     Secretary shall not take actions that delay the development 
     of such products:  Provided further, That products purchased 
     with funds appropriated under this paragraph in this Act may, 
     at the discretion of the Secretary of Health and Human 
     Services, be deposited in the Strategic National Stockpile 
     under section 319F-2 of the Public Health Service Act:  
     Provided further, That of the amount appropriated under this 
     paragraph in this Act, not more than $3,250,000,000 shall be 
     for the Strategic National Stockpile under section 319F-2(a) 
     of such Act:  Provided further, That funds appropriated under 
     this paragraph in this Act may be transferred to, and merged 
     with, the fund authorized by section 319F-4, the Covered 
     Countermeasure Process Fund, of the Public Health Service 
     Act:  Provided further, That of the amount appropriated under 
     this paragraph in this Act, $19,695,000,000 shall be 
     available to the Biomedical Advanced Research and Development 
     Authority for necessary expenses of manufacturing, 
     production, and purchase, at the discretion of the Secretary, 
     of vaccines, therapeutics, and ancillary supplies necessary 
     for the administration of such vaccines and therapeutics:  
     Provided further, That funds in the preceding proviso may be 
     used for the construction or renovation of U.S.-based next 
     generation manufacturing facilities, other than facilities 
     owned by the United States Government:  Provided further, 
     That the Secretary shall notify the Committees on 
     Appropriations of the House of Representatives and the Senate 
     2 days in advance of any obligation in excess of $50,000,000, 
     including but not limited to contracts and interagency 
     agreements, from funds provided in this paragraph in this 
     Act:  Provided further, That amounts appropriated under this 
     paragraph in this Act may be used to restore, either directly 
     or through reimbursement, obligations incurred for 
     coronavirus vaccines and therapeutics planning, development, 
     preparation, and purchase prior to the enactment of this Act: 
      Provided further, That funds appropriated under this 
     paragraph in this Act may be used for the construction, 
     alteration, or renovation of non-federally owned facilities 
     for the production of vaccines, therapeutics, diagnostics, 
     and ancillary medical supplies where the Secretary determines 
     that such a contract is necessary to secure sufficient 
     amounts of such supplies:  Provided further, That not later 
     than 30 days after enactment of this Act, and every 30 days 
     thereafter until funds are expended, the Secretary shall 
     report to the Committees on Appropriations of the House of 
     Representatives and the Senate on uses of funding for 
     Operation Warp Speed, detailing current obligations by 
     Department or Agency, or component thereof broken out by the 
     coronavirus supplemental appropriations Act that provided the 
     source of funds:  Provided further, That the plan outlined in 
     the preceding proviso shall include funding by contract, 
     grant, or other transaction in excess of $20,000,000 with a 
     notation of which Department or Agency, and component thereof 
     is managing the contract:  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $22,400,000,000, to remain 
     available until September 30, 2022, to prevent, prepare for, 
     and respond to coronavirus, domestically or internationally, 
     which shall be for necessary expenses for testing, contact 
     tracing, surveillance, containment, and mitigation to monitor 
     and suppress COVID-19, including tests for both active 
     infection and prior exposure, including molecular, antigen, 
     and serological tests, the manufacturing, procurement and 
     distribution of tests, testing equipment and testing 
     supplies, including personal protective equipment needed for 
     administering tests, the development and validation of rapid, 
     molecular point-of-care tests, and other tests, support for 
     workforce, epidemiology, to scale up academic, commercial, 
     public health, and hospital laboratories, to conduct 
     surveillance and contact tracing, support development of 
     COVID-19 testing plans, and other related activities related 
     to COVID-19 testing and mitigation:  Provided, That amounts 
     appropriated under this paragraph in this Act shall be for 
     States, localities, territories, tribes, tribal 
     organizations, urban Indian health organizations, or health 
     service providers to tribes for necessary expenses for 
     testing, contact tracing, surveillance, containment, and 
     mitigation, including support for workforce, epidemiology, 
     use by employers, elementary and secondary schools, child 
     care facilities, institutions of higher education, long-term 
     care facilities, or in other settings, scale up of testing by 
     public health, academic, commercial, and hospital 
     laboratories, and community-based testing sites, mobile 
     testing units, health care facilities, and other entities 
     engaged in COVID-19 testing, and other related activities 
     related to COVID-19 testing, contact tracing, surveillance, 
     containment, and mitigation which may include interstate 
     compacts or other mutual aid agreements for such purposes:  
     Provided further, That amounts appropriated under this 
     paragraph in this Act shall be made available within 21 days 
     of the date of enactment of this Act:  Provided further, That 
     of the amount appropriated under this paragraph in this Act, 
     $790,000,000, shall be transferred to the ``Department of 
     Health and Human Services--Indian Health Service--Indian 
     Health Services'' to be allocated at the discretion of the 
     Director of the Indian Health Service and distributed through 
     Indian Health Service directly operated programs and to 
     tribes and tribal organizations under the Indian Self-
     Determination and Education Assistance Act and through 
     contracts or grants with urban Indian organizations under 
     title V of the Indian Health Care Improvement Act:  Provided 
     further, That the amount transferred to tribes and tribal 
     organizations under the Indian Self-Determination and 
     Education Assistance Act in the preceding proviso shall be 
     transferred on a one-time, non-recurring basis, is not part 
     of the amount required by 25 U.S.C. 5325, and may only be 
     used for the purposes identified under this paragraph in this 
     Act, notwithstanding any other provision of law:  Provided 
     further, That amounts appropriated under this paragraph in 
     this Act, except for the amounts transferred pursuant to the 
     third proviso under this paragraph in this Act, shall be 
     allocated to States, localities, and territories according to 
     the formula that applied to the Public Health Emergency 
     Preparedness cooperative agreement in fiscal year 2020:  
     Provided further, That of the amount appropriated under this 
     paragraph in this Act, except for the amounts transferred 
     pursuant to the third proviso under this paragraph in this 
     Act, not less than $2,500,000,000, shall be for strategies 
     for improving testing capabilities and other purposes 
     described in this paragraph in high-risk and underserved 
     populations, including racial and ethnic minority populations 
     and rural communities, as well as developing or identifying 
     best practices for States and public health officials to use 
     for contact tracing in high-risk and underserved populations, 
     including racial and ethnic minority populations and rural 
     communities and shall not be allocated pursuant to the 
     formula in the preceding proviso:  Provided further, That the 
     second proviso under this paragraph in this Act, shall not 
     apply to amounts in the preceding proviso:  Provided further, 
     That the Secretary of Health and Human Services (referred to 
     in this paragraph as the ``Secretary'') may satisfy the 
     funding thresholds outlined under this paragraph in this Act 
     for funding other than amounts transferred pursuant to the 
     third proviso under this paragraph in this Act by making 
     awards through other grant or cooperative agreement 
     mechanisms:  Provided further, That the Governor or designee 
     of each State, locality, territory, tribe, or tribal 
     organization receiving funds pursuant to this paragraph in 
     this Act shall update their plans, as applicable, for COVID-
     19 testing and contact tracing submitted to the Secretary 
     pursuant to the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139) and submit such updates 
     to the Secretary not later than 60 days after funds 
     appropriated in this paragraph in this Act have been awarded 
     to such recipient:  Provided further, That not later than 60 
     days after enactment of this Act, and every quarter 
     thereafter until funds are expended, the Governor or designee 
     of each State, locality, territory, tribe, or tribal 
     organization receiving funds shall report to the Secretary on 
     uses of funding, detailing current commitments and 
     obligations broken out by the coronavirus supplemental 
     appropriations Act that provided the source of funds:  
     Provided further, That not later than 15 days after receipt 
     of such reports, the Secretary shall summarize and report to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate and the Committee on Energy 
     and Commerce of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate on States' commitments and obligations of funding:  
     Provided further, That the Secretary shall make publicly 
     available the plans submitted by the Governor or designee of 
     each State, locality, territory, tribe, or tribal 
     organization and the report on use of funds provided under 
     this paragraph:  Provided further, That funds an entity 
     receives from amounts described in the first proviso in this 
     paragraph may also be used for the rent, lease, purchase, 
     acquisition, construction, alteration, renovation, or 
     equipping of non-federally owned facilities to improve 
     coronavirus preparedness and response capability at the State 
     and local level:  Provided further, That the Secretary shall 
     provide a report to the Committees on Appropriations of the 
     House of Representatives and the Senate on obligation of 
     funds to eligible entities pursuant to the sixth proviso, 
     summarized by State, not later than 30 days after the date of 
     enactment of this Act, and every 60 days thereafter until 
     funds are expired:  Provided further, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.
       For an additional amount for ``Public Health and Social 
     Services Emergency Fund'', $3,000,000,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     which shall be for necessary expenses to reimburse, through 
     grants or other mechanisms, eligible health care providers 
     for health care related expenses or lost revenues that are 
     attributable to coronavirus:  Provided, That these funds may 
     not be used to reimburse expenses or losses that have been 
     reimbursed from other sources or that other sources are 
     obligated to reimburse:  Provided further, That recipients of 
     payments under this paragraph shall submit reports and 
     maintain documentation as the Secretary determines are needed 
     to ensure compliance with conditions that are imposed by this 
     paragraph for such payments, and such reports and 
     documentation shall be in such form, with such content, and 
     in such time as the Secretary may prescribe for such purpose: 
      Provided further, That ``eligible health care providers'' 
     means public entities, Medicare or Medicaid enrolled 
     suppliers and providers, and such for-profit entities and 
     not-for-profit entities not otherwise described in this 
     proviso as the Secretary may specify, within the United 
     States (including territories), that provide diagnoses, 
     testing, or care for individuals with possible or actual 
     cases of COVID-19:  Provided further, That the Secretary 
     shall, on a rolling basis, review applications and make 
     payments under this paragraph

[[Page H7522]]

     in this Act:  Provided further, That funds appropriated under 
     this paragraph in this Act shall be available for building or 
     construction of temporary structures, leasing of properties, 
     medical supplies and equipment including personal protective 
     equipment and testing supplies, increased workforce and 
     trainings, emergency operation centers, retrofitting 
     facilities, and surge capacity:  Provided further, That, in 
     this paragraph, the term ``payment'' means a pre-payment, 
     prospective payment, or retrospective payment, as determined 
     appropriate by the Secretary:  Provided further, That 
     payments under this paragraph shall be made in consideration 
     of the most efficient payment systems practicable to provide 
     emergency payment:  Provided further, That to be eligible for 
     a payment under this paragraph in this Act, an eligible 
     health care provider shall submit to the Secretary an 
     application that includes a statement justifying the need of 
     the provider for the payment and the eligible health care 
     provider shall have a valid tax identification number:  
     Provided further, That for any reimbursement by the Secretary 
     from the Provider Relief Fund to an eligible health care 
     provider that is a subsidiary of a parent organization, the 
     parent organization may, allocate (through transfers or 
     otherwise) all or any portion of such reimbursement among the 
     subsidiary eligible health care providers of the parent 
     organization, including reimbursements referred to by the 
     Secretary as ``Targeted Distribution'' payments, among 
     subsidiary eligible health care providers of the parent 
     organization except that responsibility for reporting the 
     reallocated reimbursement shall remain with the original 
     recipient of such reimbursement:  Provided further, That, for 
     any reimbursement from the Provider Relief Fund to an 
     eligible health care provider for health care related 
     expenses or lost revenues that are attributable to 
     coronavirus (including reimbursements made before the date of 
     the enactment of this Act), such provider may calculate such 
     lost revenues using the Frequently Asked Questions guidance 
     released by the Department of Health and Human Services in 
     June 2020, including the difference between such provider's 
     budgeted and actual revenue budget if such budget had been 
     established and approved prior to March 27, 2020:  Provided 
     further, That of the amount made available in the third 
     paragraph under this heading in Public Law 116-136, not less 
     than 85 percent of (i) the unobligated balances available as 
     of the date of enactment of this Act, and (ii) any funds 
     recovered from health care providers after the date of 
     enactment of this Act, shall be for any successor to the 
     Phase 3 General Distribution allocation to make payments to 
     eligible health care providers based on applications that 
     consider financial losses and changes in operating expenses 
     occurring in the third or fourth quarter of calendar year 
     2020, or the first quarter of calendar year 2021, that are 
     attributable to coronavirus:  Provided further, That, not 
     later than 3 years after final payments are made under this 
     paragraph, the Office of Inspector General of the Department 
     of Health and Human Services shall transmit a final report on 
     audit findings with respect to this program to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate:  Provided further, That nothing in this section 
     limits the authority of the Inspector General or the 
     Comptroller General to conduct audits of interim payments at 
     an earlier date:  Provided further, That not later than 60 
     days after the date of enactment of this Act, the Secretary 
     of Health and Human Services shall provide a report to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate on obligation of funds, including obligations 
     to such eligible health care providers, summarized by State 
     of the payment receipt:  Provided further, That such reports 
     shall be updated and submitted to such Committees every 60 
     days until funds are expended:  Provided further, That the 
     amounts repurposed in this paragraph that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

      GENERAL PROVISIONS--DEPARTMENT OF HEALTH AND HUMAN SERVICES

       Sec. 301.  Funds appropriated by this title may be used by 
     the Secretary of the Department of Health and Human Services 
     to appoint, without regard to the provisions of sections 3309 
     through 3319 of title 5 of the United States Code, candidates 
     needed for positions to perform critical work relating to 
     coronavirus for which--
       (1) public notice has been given; and
       (2) the Secretary of Health and Human Services has 
     determined that such a public health threat exists.
       Sec. 302.  Funds appropriated by this title may be used to 
     enter into contracts with individuals for the provision of 
     personal services (as described in section 104 of part 37 of 
     title 48, Code of Federal Regulations (48 CFR 37.104)) to 
     support the prevention of, preparation for, or response to 
     coronavirus, domestically and internationally, subject to 
     prior notification to the Committees on Appropriations of the 
     House of Representatives and the Senate:  Provided, That such 
     individuals may not be deemed employees of the United States 
     for the purpose of any law administered by the Office of 
     Personnel Management:  Provided further, That the authority 
     made available pursuant to this section shall expire on 
     September 30, 2024.
       Sec. 303. (a) If services performed by an employee during 
     2020 and 2021 are determined by the head of the agency to be 
     primarily related to preparation, prevention, or response to 
     coronavirus, any premium pay for such services shall be 
     disregarded in calculating the aggregate of such employee's 
     basic pay and premium pay for purposes of a limitation under 
     section 5547(a) of title 5, United States Code, or under any 
     other provision of law, whether such employees pay is paid on 
     a biweekly or calendar year basis.
       (b) Any overtime pay for such services shall be disregarded 
     in calculating any annual limit on the amount of overtime pay 
     payable in a calendar or fiscal year.
       (c) With regard to such services, any pay that is 
     disregarded under either subsection (a) or (b) shall be 
     disregarded in calculating such employee's aggregate pay for 
     purposes of the limitation in section 5307 of such title 5.
       (d)(1) Pay that is disregarded under subsection (a) or (b) 
     shall not cause the aggregate of the employee's basic pay and 
     premium pay for the applicable calendar year to exceed the 
     rate of basic pay payable for a position at level II of the 
     Executive Schedule under section 5313 of title 5, United 
     States Code, as in effect at the end of such calendar year.
       (2) For purposes of applying this subsection to an employee 
     who would otherwise be subject to the premium pay limits 
     established under section 5547 of title 5, United States 
     Code, ``premium pay'' means the premium pay paid under the 
     provisions of law cited in section 5547(a).
       (3) For purposes of applying this subsection to an employee 
     under a premium pay limit established under an authority 
     other than section 5547 of title 5, United States Code, the 
     agency responsible for administering such limit shall 
     determine what payments are considered premium pay.
       (e) This section shall take effect as if enacted on 
     February 2, 2020.
       (f) If application of this section results in the payment 
     of additional premium pay to a covered employee of a type 
     that is normally creditable as basic pay for retirement or 
     any other purpose, that additional pay shall not--
       (1) be considered to be basic pay of the covered employee 
     for any purpose; or
       (2) be used in computing a lump-sum payment to the covered 
     employee for accumulated and accrued annual leave under 
     section 5551 or section 5552 of title 5, United States Code.
       Sec. 304.  Funds appropriated by this title to the heading 
     ``Department of Health and Human Services'' except for the 
     amounts specified in the second and third paragraphs under 
     the heading ``Public Health and Social Services Emergency 
     Fund'', may be transferred to, and merged with, other 
     appropriation accounts under the headings ``Centers for 
     Disease Control and Prevention'', ``National Institutes of 
     Health'', ``Substance Abuse and Mental Health Services'', 
     ``Administration for Children and Families'', and ``Public 
     Health and Social Services Emergency Fund'', to prevent, 
     prepare for, and respond to coronavirus following 
     consultation with the Office of Management and Budget:  
     Provided further, That the Committees on Appropriations of 
     the House of Representatives and the Senate shall be notified 
     10 days in advance of any such transfer:  Provided further, 
     That, upon a determination that all or part of the funds 
     transferred from an appropriation by this title are not 
     necessary, such amounts may be transferred back to that 
     appropriation:  Provided further, That none of the funds made 
     available by this title may be transferred pursuant to the 
     authority in section 205 of division A of Public Law 116-94 
     or section 241(a) of the PHS Act.
       Sec. 305.  Of the funds appropriated by this title under 
     the heading ``Public Health and Social Services Emergency 
     Fund'', up to $2,000,000 shall be transferred to the ``Office 
     of the Secretary, Office of Inspector General'', and shall 
     remain available until expended, for oversight of activities 
     supported with funds appropriated to the Department of Health 
     and Human Services to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     the Inspector General of the Department of Health and Human 
     Services shall consult with the Committees on Appropriations 
     of the House of Representatives and the Senate prior to 
     obligating such funds:  Provided further, That the transfer 
     authority provided by this section is in addition to any 
     other transfer authority provided by law.
       Sec. 306.  Section 675b(b)(3) of the Community Services 
     Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply with 
     respect to funds appropriated by the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) to carry out 
     the Community Services Block Grant Act (42 U.S.C. 9901 et 
     seq.):  Provided, That the amounts repurposed in this section 
     that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 307.  Penalties and administrative requirements under 
     title XXVI of the Public Health Service Act may be waived by 
     the Secretary of Health and Human Services for funds awarded 
     under such title of such Act from amounts provided for fiscal 
     year 2020 and fiscal year 2021 under the heading ``Department 
     of Health and Human Services--Health Resources and Services 
     Administration'', including amounts made available under such 
     heading by transfer:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

[[Page H7523]]

  


                        DEPARTMENT OF EDUCATION

                      education stabilization fund

        For an additional amount for ``Education Stabilization 
     Fund'', $81,880,000,000, to remain available through 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

              GENERAL PROVISIONS--DEPARTMENT OF EDUCATION

                      education stabilization fund

       Sec. 311. (a) Allocations.--From the amount made available 
     under this heading in this Act to carry out the Education 
     Stabilization Fund, the Secretary shall first allocate--
       (1) one-half of 1 percent to the outlying areas for 
     supplemental awards to be allocated not more than 30 calendar 
     days from the date of enactment of this Act on the basis of 
     the terms and conditions for funding provided under section 
     18001(a)(1) of the Coronavirus Aid, Relief, and Economic 
     Security (CARES) Act (Public Law 116-136); and
       (2) one-half of 1 percent for a supplemental award to be 
     allocated to the Secretary of Interior not more than 30 
     calendar days from enactment of this Act for programs 
     operated or funded by the Bureau of Indian Education (BIE) 
     under the terms and conditions established for funding 
     provided under section 18001(a)(2) of the CARES Act (Public 
     Law 116-136), for BIE-operated and funded elementary and 
     secondary schools and Tribal Colleges and Universities, 
     except that funding shall be allocated as follows:
       (A) 60 percent for Bureau-funded schools, as defined in 25 
     U.S.C. 2021, provided that such schools may not be required 
     to submit a spending plan before receipt of funding.
       (B) 40 percent for Tribal Colleges and Universities, which 
     shall be distributed according to the formula in section 
     316(d)(3) of the Higher Education Act of 1965 (``HEA'').
       (b) Reservations.--After carrying out subsection (a), the 
     Secretary shall reserve the remaining funds made available as 
     follows:
       (1) 5 percent to carry out section 312 of this title.
       (2) 67 percent to carry out section 313 of this title.
       (3) 28 percent to carry out section 314 of this title.

               governor's emergency education relief fund

       Sec. 312. (a) Program Authorized.--(1) From funds reserved 
     under section 311(b)(1) of this title and not reserved under 
     paragraph (2), the Secretary shall make supplemental 
     Emergency Education Relief grants to the Governor of each 
     State with an approved application under section 18002 of 
     division B of the CARES Act (Public Law 116-136). The 
     Secretary shall award funds under this section to the 
     Governor of each State with an approved application within 30 
     calendar days of the date of enactment of this Act.
       (2) Reservation.--From funds made available under section 
     311(b)(1) of this title, the Secretary shall reserve 
     $2,750,000,000 of such funds to provide Emergency Assistance 
     to Non-Public Schools grants, in accordance with subsection 
     (d), to the Governor of each State with an approved 
     application under subsection (d)(2).
       (b) Allocations.--The amount of each grant under subsection 
     (a)(1) shall be allocated by the Secretary to each State as 
     follows:
       (1) 60 percent on the basis of their relative population of 
     individuals aged 5 through 24.
       (2) 40 percent on the basis of their relative number of 
     children counted under section 1124(c) of the Elementary and 
     Secondary Education Act of 1965 (``ESEA'').
       (c) Uses of Funds.--Grant funds awarded under subsection 
     (a)(1) may be used to--
       (1) provide emergency support through grants to local 
     educational agencies that the State educational agency deems 
     have been most significantly impacted by coronavirus to 
     support the ability of such local educational agencies to 
     continue to provide educational services to their students 
     and to support the on-going functionality of the local 
     educational agency;
       (2) provide emergency support through grants to 
     institutions of higher education serving students within the 
     State that the Governor determines have been most 
     significantly impacted by coronavirus to support the ability 
     of such institutions to continue to provide educational 
     services and support the on-going functionality of the 
     institution; and
       (3) provide support to any other institution of higher 
     education, local educational agency, or education related 
     entity within the State that the Governor deems essential for 
     carrying out emergency educational services to students for 
     authorized activities described in section 313(d)(1) of this 
     title or the HEA; the provision of child care and early 
     childhood education, social and emotional support; and the 
     protection of education-related jobs.
       (d) Emergency Assistance to Non-Public Schools.--
       (1) Program authorized.--
       (A) In general.--With funds reserved under subsection 
     (a)(2), the Secretary shall allot the amount described in 
     subparagraph (B) to the Governor of each State with an 
     approved application under paragraph (2) in order to provide 
     services or assistance to non-public schools under this 
     subsection. The Governor shall designate the State 
     educational agency to administer the program authorized under 
     this subsection.
       (B) Amount of allotment.--An allotment for a State under 
     subparagraph (A) shall be in the amount that bears the same 
     relationship to the total amount of the funds reserved under 
     subsection (a)(2) as the number of children aged 5 through 17 
     at or below 185 percent of poverty who are enrolled in non-
     public schools in the State (as determined by the Secretary 
     on the basis of the best available data) bears to the total 
     number of all such children in all States.
       (2) Applications from states.--
       (A) Application request and review.--The Secretary shall--
       (i) issue a notice inviting applications for funds reserved 
     under subsection (a)(2) not later than 30 days after the date 
     of enactment of this Act; and
       (ii) approve or deny an application not later than 15 days 
     after the receipt of the application.
       (B) Assurance.--The Governor of each State, in consultation 
     with their respective State educational agency, shall include 
     in the application submitted under this paragraph an 
     assurance that the State educational agency will--
       (i) distribute information about the program to non-public 
     schools and make the information and the application easily 
     available;
       (ii) process all applications submitted promptly, in 
     accordance with subparagraph (3)(A)(ii);
       (iii) in providing services or assistance to non-public 
     schools, ensure that services or assistance is provided to 
     any non-public school that--

       (I) is a non-public school described in paragraph (3)(C);
       (II) submits an application that meets the requirements of 
     paragraph (3)(B); and
       (III) requests services or assistance allowable under 
     paragraph (4);

       (iv) to the extent practicable, obligate all funds provided 
     under subsection (a)(2) for services or assistance to non-
     public schools in the State in an expedited and timely 
     manner; and
       (v) obligate funds to provide services or assistance to 
     non-public schools in the State not later than 6 months after 
     receiving such funds under subsection (a)(2).
       (3) Applications for services or assistance.--
       (A) Application request and review.--A State educational 
     agency receiving funds from the Governor under this 
     subsection shall--
       (i) make the application for services or assistance 
     described in subparagraph (B) available to non-public schools 
     by not later than 30 days after the receipt of such funds; 
     and
       (ii) approve or deny an application not later than 30 days 
     after the receipt of the application.
       (B) Application requirements.--Each non-public school 
     desiring services or assistance under this subsection shall 
     submit an application to the State educational agency at such 
     time, in such manner, and accompanied by such information as 
     the State educational agency may reasonably require to ensure 
     expedited and timely provision of services or assistance to 
     the non-public school, which shall include--
       (i) the number and percentage of students from low-income 
     families enrolled by such non-public school in the 2019-2020 
     school year;
       (ii) a description of the emergency services authorized 
     under paragraph (4) that such non-public school requests to 
     be provided by the State educational agency; and
       (iii) whether the non-public school requesting services or 
     assistance under this subsection received a loan guaranteed 
     under paragraph (36) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)) that was made before the date of 
     enactment of this Act and the amount of any such loan 
     received.
       (C) Targeting.--A State educational agency receiving funds 
     under this subsection shall prioritize services or assistance 
     to non-public schools that enroll low-income students and are 
     most impacted by the qualifying emergency.
       (4) Types of services or assistance.--A non-public school 
     receiving services or assistance under this subsection shall 
     use such services or assistance to address educational 
     disruptions resulting from the qualifying emergency for--
       (A) supplies to sanitize, disinfect, and clean school 
     facilities;
       (B) personal protective equipment;
       (C) improving ventilation systems, including windows or 
     portable air purification systems to ensure healthy air in 
     the non-public school;
       (D) training and professional development for staff on 
     sanitation, the use of personal protective equipment, and 
     minimizing the spread of infectious diseases;
       (E) physical barriers to facilitate social distancing;
       (F) other materials, supplies, or equipment to implement 
     public health protocols, including guidelines and 
     recommendations from the Centers for Disease Control and 
     Prevention for the reopening and operation of school 
     facilities to effectively maintain the health and safety of 
     students, educators, and other staff during the qualifying 
     emergency;
       (G) expanding capacity to administer coronavirus testing to 
     effectively monitor and suppress coronavirus, to conduct 
     surveillance and contact tracing activities, and to support 
     other activities related to coronavirus testing for students, 
     teachers, and staff at the non-public school;
       (H) educational technology (including hardware, software, 
     connectivity, assistive technology, and adaptive equipment) 
     to assist students, educators, and other staff with remote or 
     hybrid learning;
       (I) redeveloping instructional plans, including curriculum 
     development, for remote learning, hybrid learning, or to 
     address learning loss;
       (J) leasing of sites or spaces to ensure safe social 
     distancing to implement public health protocols, including 
     guidelines and recommendations from the Centers for Disease 
     Control and Prevention;
       (K) reasonable transportation costs;
       (L) initiating and maintaining education and support 
     services or assistance for remote learning, hybrid learning, 
     or to address learning loss; or
       (M) reimbursement for the expenses of any services or 
     assistance described in this paragraph (except for 
     subparagraphs (C) (except

[[Page H7524]]

     that portable air purification systems shall be an allowable 
     reimbursable expense), (D), (I), and (L)) that the non-public 
     school incurred on or after the date of the qualifying 
     emergency, except that any non-public school that has 
     received a loan guaranteed under paragraph (36) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)) as of the 
     day prior to the date of enactment of this Act shall not be 
     eligible for reimbursements described in this paragraph for 
     any expenses reimbursed through such loan.
       (5) Administration.--A State educational agency receiving 
     funds under this subsection may reserve not more than the 
     greater of $200,000 or one-half of 1 percent of such funds to 
     administer the services and assistance provided under this 
     subsection to non-public schools.
       (6) Reallocation.--Notwithstanding paragraph (1)(A), each 
     State educational agency receiving funds under this 
     subsection that complies with paragraph (2) but has 
     unobligated funds remaining 6 months after receiving funds 
     under this subsection shall return such remaining unobligated 
     funds to the Governor, to use for any use authorized under 
     subsection (c).
       (7) Public control of funds.--
       (A) In general.--The control of funds for the services or 
     assistance provided to a non-public school under this 
     subsection, and title to materials, equipment, and property 
     purchased with such funds, shall be in a public agency, and a 
     public agency shall administer such funds, services, 
     assistance, materials, equipment, and property.
       (B) Provision of services or assistance.--
       (i) Provider.--The provision of services or assistance to a 
     non-public school under this subsection shall be provided--

       (I) by employees of a public agency; or
       (II) through contract by such public agency with an 
     individual, association, agency, or organization.

       (ii) Requirement.--In the provision of services or 
     assistance described in clause (i), such employee, 
     individual, association, agency, or organization shall be 
     independent of the non-public school receiving such services 
     or assistance, and such employment and contracts shall be 
     under the control and supervision of such public agency 
     described in subparagraph (A).
       (8) Secular, neutral, and non-ideological.--All services or 
     assistance provided under this subsection, including 
     providing equipment, materials, and any other items, shall be 
     secular, neutral, and non-ideological.
       (9) Interaction with paycheck protection program.--(A) In 
     general.--In order to be eligible to receive services or 
     assistance under this subsection, a non-public school shall 
     submit to the State an assurance, including any documentation 
     required by the Secretary, that such non-public school did 
     not, and will not, apply for and receive a loan under 
     paragraphs (36) or (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)(37)) that is made on or after the date 
     of enactment of this Act.
       (B) Allowance.--A non-public school that received a loan 
     guaranteed under paragraph (36) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) that was made before the date 
     of enactment of this Act shall be eligible to receive 
     services or assistance under this subsection.
       (e) Restrictions.--
       (1) Funds provided under this section shall not be used--
       (A) to provide direct or indirect financial assistance to 
     scholarship granting organizations or related entities for 
     elementary or secondary education; or
       (B) to provide or support vouchers, tuition tax credit 
     programs, education savings accounts, scholarships, 
     scholarship programs, or tuition-assistance programs for 
     elementary or secondary education.
       (2) Exception.--Notwithstanding paragraph (1), a State may 
     use funds provided under subsection (a)(1) to provide 
     assistance prohibited under paragraph (1) only to students 
     who receive or received such assistance with funds provided 
     under section 18002(a) of division B of the CARES Act (20 
     U.S.C. 3401 note), for the 2020-2021 school year and only for 
     the same assistance provided such students under such 
     section.
       (3) Rule of construction.--Nothing in this subsection shall 
     be interpreted to apply any additional restrictions to funds 
     provided in section 18002(a) of division B of the CARES Act 
     (20 U.S.C. 3401 note).
       (f) Reallocation.--Each Governor shall return to the 
     Secretary any funds received under paragraph (1) or (2) of 
     subsection (a) that the Governor does not award or obligate 
     not later than 1 year after the date of receipt of such 
     funds, and the Secretary shall reallocate such funds to the 
     remaining States in accordance with subsection (b) for uses 
     authorized under subsection (c).

         elementary and secondary school emergency relief fund

       Sec. 313. (a) Grants.--From funds reserved under section 
     311(b)(2) of this title, the Secretary shall make 
     supplemental elementary and secondary school emergency relief 
     grants to each State educational agency with an approved 
     application under section 18003 of division B of the CARES 
     Act (Public Law 116-136). The Secretary shall award funds 
     under this section to each State educational agency with an 
     approved application within 30 calendar days of the date of 
     enactment of this Act.
       (b) Allocations to States.--The amount of each grant under 
     subsection (a) shall be allocated by the Secretary to each 
     State in the same proportion as each State received under 
     part A of title I of the ESEA of 1965 in the most recent 
     fiscal year.
       (c) Subgrants to Local Educational Agencies.--Each State 
     shall allocate not less than 90 percent of the grant funds 
     awarded to the State under this section as subgrants to local 
     educational agencies (including charter schools that are 
     local educational agencies) in the State in proportion to the 
     amount of funds such local educational agencies and charter 
     schools that are local educational agencies received under 
     part A of title I of the ESEA of 1965 in the most recent 
     fiscal year.
       (d) Uses of Funds.--A local educational agency that 
     receives funds under this section may use the funds for any 
     of the following:
       (1) Any activity authorized by the ESEA of 1965, including 
     the Native Hawaiian Education Act and the Alaska Native 
     Educational Equity, Support, and Assistance Act (20 U.S.C. 
     6301 et seq.), the Individuals with Disabilities Education 
     Act (20 U.S.C. 1400 et seq.) (``IDEA''), the Adult Education 
     and Family Literacy Act (20 U.S.C. 1400 et seq.), the Carl D. 
     Perkins Career and Technical Education Act of 2006 (20 U.S.C. 
     2301 et seq.) (``the Perkins Act''), or subtitle B of title 
     VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11431 et seq.).
       (2) Coordination of preparedness and response efforts of 
     local educational agencies with State, local, Tribal, and 
     territorial public health departments, and other relevant 
     agencies, to improve coordinated responses among such 
     entities to prevent, prepare for, and respond to coronavirus.
       (3) Providing principals and others school leaders with the 
     resources necessary to address the needs of their individual 
     schools.
       (4) Activities to address the unique needs of low-income 
     children or students, children with disabilities, English 
     learners, racial and ethnic minorities, students experiencing 
     homelessness, and foster care youth, including how outreach 
     and service delivery will meet the needs of each population.
       (5) Developing and implementing procedures and systems to 
     improve the preparedness and response efforts of local 
     educational agencies.
       (6) Training and professional development for staff of the 
     local educational agency on sanitation and minimizing the 
     spread of infectious diseases.
       (7) Purchasing supplies to sanitize and clean the 
     facilities of a local educational agency, including buildings 
     operated by such agency.
       (8) Planning for, coordinating, and implementing activities 
     during long-term closures, including providing meals to 
     eligible students, providing technology for online learning 
     to all students, providing guidance for carrying out 
     requirements under the IDEA and ensuring other educational 
     services can continue to be provided consistent with all 
     Federal, State, and local requirements.
       (9) Purchasing educational technology (including hardware, 
     software, and connectivity) for students who are served by 
     the local educational agency that aids in regular and 
     substantive educational interaction between students and 
     their classroom instructors, including low-income students 
     and children with disabilities, which may include assistive 
     technology or adaptive equipment.
       (10) Providing mental health services and supports.
       (11) Planning and implementing activities related to summer 
     learning and supplemental afterschool programs, including 
     providing classroom instruction or online learning during the 
     summer months and addressing the needs of low-income 
     students, children with disabilities, English learners, 
     migrant students, students experiencing homelessness, and 
     children in foster care.
       (12) Addressing learning loss among students, including 
     low-income students, children with disabilities, English 
     learners, racial and ethnic minorities, students experiencing 
     homelessness, and children and youth in foster care, of the 
     local educational agency, including by--
       (A) Administering and using high-quality assessments that 
     are valid and reliable, to accurately assess students' 
     academic progress and assist educators in meeting students' 
     academic needs, including through differentiating 
     instruction.
       (B) Implementing evidence-based activities to meet the 
     comprehensive needs of students.
       (C) Providing information and assistance to parents and 
     families on how they can effectively support students, 
     including in a distance learning environment.
       (D) Tracking student attendance and improving student 
     engagement in distance education.
       (13) School facility repairs and improvements to enable 
     operation of schools to reduce risk of virus transmission and 
     exposure to environmental health hazards, and to support 
     student health needs.
       (14) Inspection, testing, maintenance, repair, replacement, 
     and upgrade projects to improve the indoor air quality in 
     school facilities, including mechanical and non-mechanical 
     heating, ventilation, and air conditioning systems, 
     filtering, purification and other air cleaning, fans, control 
     systems, and window and door repair and replacement.
       (15) Other activities that are necessary to maintain the 
     operation of and continuity of services in local educational 
     agencies and continuing to employ existing staff of the local 
     educational agency.
       (e) State Funding.--With funds not otherwise allocated 
     under subsection (c), a State may reserve not more than one-
     half of 1 percent for administrative costs and the remainder 
     for emergency needs as determined by the state educational 
     agency to address issues responding to coronavirus, including 
     measuring and addressing learning loss, which may be 
     addressed through the use of grants or contracts.
       (f) Report.--A State receiving funds under this section 
     shall submit a report to the Secretary, not later than 6 
     months after receiving funding provided in this Act, in such 
     manner and with such subsequent frequency as the Secretary 
     may require, that provides a detailed accounting of the use 
     of funds provided under this

[[Page H7525]]

     section, including how the State is using funds to measure 
     and address learning loss among students disproportionately 
     affected by coronavirus and school closures, including low-
     income students, children with disabilities, English 
     learners, racial and ethnic minorities, students experiencing 
     homelessness, and children and youth in foster care.
       (g) Reallocation.--A State shall return to the Secretary 
     any funds received under this section that the State does not 
     award within 1 year of receiving such funds and the Secretary 
     shall reallocate such funds to the remaining States in 
     accordance with subsection (b).

                 higher education emergency relief fund

       Sec. 314. (a) In General.--From funds reserved under 
     section 311(b)(3) of this title the Secretary shall allocate 
     amounts to institutions of higher education with an approved 
     application as follows:
       (1) 89 percent to each institution of higher education as 
     defined in section 101 or section 102(c) of the HEA to 
     prevent, prepare for, and respond to coronavirus, by 
     apportioning it--
       (A) 37.5 percent according to the relative share of full-
     time equivalent enrollment of students who were Federal Pell 
     Grant recipients and who were not exclusively enrolled in 
     distance education courses prior to the qualifying emergency;
       (B) 37.5 percent according to the relative share of the 
     total number of students who were Federal Pell Grant 
     recipients and who were not exclusively enrolled in distance 
     education courses prior to the qualifying emergency;
       (C) 11.5 percent according to the relative share of full-
     time equivalent enrollment of students who were not Federal 
     Pell Grant recipients and who were not exclusively enrolled 
     in distance education courses prior to the qualifying 
     emergency;
       (D) 11.5 percent according to the relative share of the 
     total number of students who were not Federal Pell Grant 
     recipients and who were not exclusively enrolled in distance 
     education courses prior to the qualifying emergency;
       (E) 1 percent according to the relative share of full-time 
     equivalent enrollment of students who were Federal Pell grant 
     recipients and who were exclusively enrolled in distance 
     education courses prior to the qualifying emergency; and
       (F) 1 percent according to the relative share of the total 
     number of students who were Federal Pell grant recipients and 
     who were exclusively enrolled in distance education courses 
     prior to the qualifying emergency.
       (2) 7.5 percent for additional awards under parts A and B 
     of title III, parts A and B of title V, and subpart 4 of part 
     A of title VII of the HEA to address needs directly related 
     to coronavirus, that shall be in addition to awards made in 
     subsection (a)(1), and allocated by the Secretary 
     proportionally to such programs based on the relative share 
     of funding appropriated to such programs in the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94) and 
     distributed to eligible institutions of higher education, 
     except as otherwise provided in subparagraphs (A) through 
     (C), on the basis of the formula described in subparagraphs 
     (A) through (F) of subsection (a)(1):
       (A) Except as otherwise provided in subparagraph (2)(B), 
     for eligible institutions under part B of title III and 
     subpart 4 of part A of title VII of the HEA, the Secretary 
     shall allot to each eligible institution an amount using the 
     following formula:
       (i) 70 percent according to a ratio equivalent to the 
     number of Pell Grant recipients in attendance at such 
     institution at the end of the school year preceding the 
     beginning of the most recent fiscal year and the total number 
     of Pell Grant recipients at all such institutions;
       (ii) 20 percent according to a ratio equivalent to the 
     total number of students enrolled at such institution at the 
     end of the school year preceding the beginning of that fiscal 
     year and the number of students enrolled at all such 
     institutions; and
       (iii) 10 percent according to a ratio equivalent to the 
     total endowment size at all eligible institutions at the end 
     of the school year preceding the beginning of that fiscal 
     year and the total endowment size at such institution;
       (B) For eligible institutions under section 326 of the HEA, 
     the Secretary shall allot to each eligible institution an 
     amount in proportion to the award received from funding for 
     such institutions in the Further Consolidated Appropriations 
     Act, 2020 (Public Law 116-94); and
       (C) For eligible institutions under section 316 of the HEA, 
     the Secretary shall allot funding according to the formula in 
     section 316(d)(3) of the HEA.
       (3) 0.5 percent for part B of title VII of the HEA for 
     institutions of higher education that the Secretary 
     determines have, after allocating other funds available under 
     this section, the greatest unmet needs related to 
     coronavirus, including institutions of higher education with 
     large populations of graduate students and institutions of 
     higher education that did not otherwise receive an allocation 
     under this section. In awarding funds under this paragraph, 
     the Secretary shall publish an application for such funds no 
     later than 60 calendar days of enactment of this Act, and 
     shall provide a briefing to the Committees on Appropriations 
     of the House of Representatives and the Senate no later than 
     7 days prior to publishing such application.
       (4) 3 percent to institutions of higher education as 
     defined in section 102(b) of the HEA allocated on the basis 
     of the formula described in subparagraphs (A) through (F) of 
     subsection (a)(1).
       (b)(1) Distribution.--The funds made available to each 
     institution under subsection (a)(1) shall be distributed by 
     the Secretary using the same systems as the Secretary 
     otherwise distributes funding to institutions under title IV 
     of the HEA.
       (2) The Secretary shall allocate amounts to institutions of 
     higher education under this section, to the extent 
     practicable, as follows:
       (A) under subsections (a)(1) and (a)(4) within 30 calendar 
     days of the date of enactment of this Act;
       (B) under subsection (a)(2) within 60 calendar days of the 
     date of enactment of this Act; and
       (C) under subsection (a)(3) within 120 calendar days of 
     enactment of this Act.
       (c) Uses of Funds.--An institution of higher education 
     receiving funds under this section may use the funds received 
     to--
       (1) defray expenses associated with coronavirus (including 
     lost revenue, reimbursement for expenses already incurred, 
     technology costs associated with a transition to distance 
     education, faculty and staff trainings, and payroll);
       (2) carry out student support activities authorized by the 
     HEA that address needs related to coronavirus; or
       (3) provide financial aid grants to students (including 
     students exclusively enrolled in distance education), which 
     may be used for any component of the student's cost of 
     attendance or for emergency costs that arise due to 
     coronavirus, such as tuition, food, housing, health care 
     (including mental health care), or child care. In making 
     financial aid grants to students, an institution of higher 
     education shall prioritize grants to students with 
     exceptional need, such as students who receive Pell Grants.
       (d) Special Provisions.--
       (1) A Historically Black College and University or a 
     Minority Serving Institution may use prior awards provided 
     under titles III, V, and VII of the Higher Education Act to 
     prevent, prepare for, and respond to coronavirus.
       (2) An institution of higher education awarded funds under 
     section 18004 of division B of the CARES Act (Public Law 116-
     136) prior to the date of enactment of this Act may use those 
     funds under the terms and conditions of section 314(c) of 
     this title, subject to the requirements in paragraph (5). 
     Amounts repurposed pursuant to this paragraph that were 
     previously designated by the Congress as an emergency 
     requirement pursuant to the Balanced Budget and Emergency 
     Deficit Control Act of 1985 are designated by the Congress as 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.
       (3) No funds received by an institution of higher education 
     under this section shall be used to fund contractors for the 
     provision of pre-enrollment recruitment activities; marketing 
     or recruitment; endowments; capital outlays associated with 
     facilities related to athletics, sectarian instruction, or 
     religious worship; senior administrator or executive 
     salaries, benefits, bonuses, contracts, incentives; stock 
     buybacks, shareholder dividends, capital distributions, and 
     stock options; or any other cash or other benefit for a 
     senior administrator or executive.
       (4) Any funds that remain available for obligation as of 
     the date of enactment of this Act to carry out section 
     18004(a)(1) of the CARES Act (Public Law 116-136) or under 
     the heading ``Safe Schools and Citizenship Education'' of 
     such Act shall be used by the Secretary to carry out section 
     314(a)(1) of this title:  Provided, That amounts repurposed 
     pursuant to this paragraph that were previously designated by 
     the Congress as an emergency requirement pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.
       (5) Institutions of higher education receiving allocations 
     under section 314(a)(1) of this title shall provide at least 
     the same amount of funding in emergency financial aid grants 
     to students as was required to be provided under sections 
     18004(a)(1) and (c) of division B of the CARES Act (Public 
     Law 116-136). An institution of higher education that 
     repurposes funds pursuant to paragraph (2) shall ensure that 
     not less than 50 percent of the funds received under section 
     18004(a)(1) of division B of the CARES Act (Public Law 116-
     136) are used for financial aid grants to students under 
     either section 18004(c) of division B of the CARES Act or 
     section 314(c)(3) of this title, or a combination of those 
     sections:  Provided, That amounts repurposed pursuant to this 
     paragraph that were previously designated by the Congress as 
     an emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (6)(A) An institution of higher education that was required 
     to remit payment to the Internal Revenue Service for the 
     excise tax based on investment income of private colleges and 
     universities under section 4968 of the Internal Revenue Code 
     of 1986 for tax year 2019 shall have its allocation under 
     this section reduced by 50 percent and may only use funds for 
     activities described in paragraph (c)(3), or for sanitation, 
     personal protective equipment, or other expenses associated 
     with the general health and safety of the campus environment 
     related to the qualifying emergency. This paragraph shall not 
     apply to an institution of higher education designated by the 
     Secretary as an eligible institution under section 448 of the 
     HEA.
       (B) Waiver authority.--The Secretary may waive the 
     requirements of subparagraph (A) if, upon application, an 
     institution of higher education demonstrates need (including 
     need for additional funding for financial aid grants to 
     students, payroll expenses, or other expenditures) for the 
     total amount of funds such institution is allocated under 
     section 314(a)(1) of this

[[Page H7526]]

     title. The Secretary shall provide and make publicly 
     available a written justification for the denial of any 
     application for a waiver under this subparagraph.
       (7) An institution of higher education as defined in 
     section 102(b) of the HEA may only use funds received under 
     this section for activities described in subsection (c)(3).
       (8) An institution of higher education with an approved 
     application under section 18004(a) of division B of the CARES 
     Act (Public Law 116-136) prior to the date of enactment of 
     this Act shall not be required to submit a new or revised 
     application to receive funds under this section provided such 
     funds are subject to the terms and conditions of this 
     section.
       (9) An institution of higher education receiving funds 
     under subsections (a)(1)(E) or (F) may only use funds 
     apportioned by such subparagraphs for activities described in 
     subsection (c)(3).
       (e) Report.--An institution receiving funds under this 
     section shall submit a report to the Secretary, not later 
     than 6 months after receiving funding provided in this Act, 
     in such manner and with such subsequent frequency as the 
     Secretary may require, that provides a detailed accounting of 
     the use of funds provided under this section.
       (f) Reallocation.--Any funds allocated to an institution of 
     higher education under this section on the basis of a formula 
     described in subsections (a)(1), (a)(2), and (a)(4) but for 
     which an institution does not apply for funding within 90 
     days of the publication of the notice inviting applications, 
     shall be reallocated to eligible institutions that had 
     submitted an application by such date in accordance with the 
     formula described in subsection (a)(1).

                     continued payment to employees

       Sec. 315.  A local educational agency, State, institution 
     of higher education, or other entity that receives funds 
     provided under the heading ``Education Stabilization Fund'', 
     shall, to the greatest extent practicable, continue to pay 
     its employees and contractors during the period of any 
     disruptions or closures related to coronavirus.

                              definitions

       Sec. 316.  Except as otherwise provided in sections 311 
     through 316 of this title, as used in such sections--
       (1) the terms ``elementary education'' and ``secondary 
     education'' have the meaning given such terms under State 
     law;
       (2) the term ``institution of higher education'' has the 
     meaning given such term in title I of the HEA;
       (3) the term ``Secretary'' means the Secretary of 
     Education;
       (4) the term ``State'' means each of the 50 States, the 
     District of Columbia, and the Commonwealth of Puerto Rico;
       (5) the term ``cost of attendance'' has the meaning given 
     such term in section 472 of the HEA;
       (6) the term ``Non-public school'' means a non-public 
     elementary and secondary school that--
       (A) is accredited, licensed, or otherwise operates in 
     accordance with State law; and
       (B) was in existence prior to the date of the qualifying 
     emergency for which grants are awarded under this title;
       (7) the term ``public school'' means a public elementary or 
     secondary school;
       (8) any other term used that is defined in section 8101 of 
     the ESEA of 1965 shall have the meaning given the term in 
     such section; and
       (9) the term ``qualifying emergency'' has the meaning given 
     the term in section 3502(a)(4) of the Coronavirus Aid, 
     Relief, and Economic Security Act (Public Law 116-136).

                         maintenance of effort

       Sec. 317. (a) At the time of award of funds to carry out 
     sections 312 or 313 of this title, a State shall provide 
     assurances that such State will maintain support for 
     elementary and secondary education, and for higher education 
     (which shall include State funding to institutions of higher 
     education and state need-based financial aid, and shall not 
     include support for capital projects or for research and 
     development or tuition and fees paid by students) in fiscal 
     year 2022 at least at the proportional levels of such State's 
     support for elementary and secondary education and for higher 
     education relative to such State's overall spending, averaged 
     over fiscal years 2017, 2018, and 2019.
       (b) The Secretary may waive the requirement in subsection 
     (a) for the purpose of relieving fiscal burdens on States 
     that have experienced a precipitous decline in financial 
     resources.

                          Gallaudet University

        For an additional amount for ``Gallaudet University'', 
     $11,000,000, to remain available through September 30, 2022, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, including to help defray the 
     expenses directly caused by coronavirus and to enable grants 
     to students for expenses directly related to coronavirus and 
     the disruption of university operations:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                       Student Aid Administration

       For an additional amount for ``Student Aid 
     Administration'', $30,000,000, to remain available through 
     September 30, 2022, to prevent, prepare for, and respond to 
     coronavirus, domestically or internationally:  Provided, That 
     such amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                           Howard University

        For an additional amount for ``Howard University'', 
     $20,000,000, to remain available through September 30, 2022, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, including to help defray the 
     expenses directly caused by coronavirus and to enable grants 
     to students for expenses directly related to coronavirus and 
     the disruption of university operations:  Provided, That such 
     amount is designated by the Congress as being for an 
     emergency requirement pursuant to section 251(b)(2)(A)(i) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985.

               National Technical Institute for the Deaf

        For an additional amount for ``National Technical 
     Institute for the Deaf'', $11,000,000, to remain available 
     through September 30, 2022, to prevent, prepare for, and 
     respond to coronavirus, domestically or internationally, 
     including to help defray the expenses directly caused by 
     coronavirus and to enable grants to students for expenses 
     directly related to coronavirus and the disruption of 
     university operations:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    Institute of Education Sciences

        For an additional amount for ``Institute of Education 
     Sciences'', $28,000,000, to remain available through 
     September 30, 2022, to prevent, prepare for and respond to 
     coronavirus, domestically or internationally, for carrying 
     out the National Assessment of Educational Progress 
     Authorization Act:  Provided, That such amount is designated 
     by the Congress as being for an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985.

                        Departmental Management

                         program administration

        For an additional amount for ``Program Administration'', 
     $15,000,000, to remain available through September 30, 2023, 
     to prevent, prepare for, and respond to coronavirus, 
     domestically or internationally:  Provided, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                    office of the inspector general

        For an additional amount for ``Office of the Inspector 
     General'', $5,000,000, to remain available until expended, to 
     prevent, prepare for, and respond to coronavirus, 
     domestically or internationally, including for salaries and 
     expenses necessary for oversight, investigations, and audits 
     of programs, grants, and projects funded in this Act to 
     respond to coronavirus:  Provided, That such amount is 
     designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

                     GENERAL PROVISION--THIS TITLE

       Sec. 321.  Not later than 30 days after the date of 
     enactment of this Act, the Secretaries of Health and Human 
     Services and Education shall provide a detailed spend plan of 
     anticipated uses of funds made available in this title, 
     including estimated personnel and administrative costs, to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate:  Provided, That such plans 
     shall be updated and submitted to such Committees every 60 
     days until September 30, 2024:  Provided further, That the 
     spend plans shall be accompanied by a listing of each 
     contract obligation incurred that exceeds $5,000,000 which 
     has not previously been reported, including the amount of 
     each such obligation.

                                TITLE IV

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration

                       grants-in-aid for airports

                     (including transfer of funds)

       For an additional amount for ``Grants-in-Aid for Airports'' 
     $2,000,000,000, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That amounts made available under 
     this heading in this Act shall be derived from the general 
     fund of the Treasury:  Provided further, That funds provided 
     under this heading in this Act shall only be available to 
     airports in categories defined in section 47102 of title 49, 
     United States Code:  Provided further, That funds provided 
     under this heading in this Act shall not otherwise be subject 
     to the requirements of chapter 471 of such title:  Provided 
     further, That notwithstanding the preceding proviso, except 
     for project eligibility, the requirements of chapter 471 of 
     such title shall apply to funds provided for any contract 
     awarded (after the date of enactment of this Act) for airport 
     development and funded under this heading:  Provided further, 
     That funds provided under this heading in this Act may not be 
     used for any purpose not directly related to the airport:  
     Provided further, That no additional funding shall be 
     provided from funds made available under this heading to any 
     airport that was allocated in excess of four years of 
     operating funds under Public Law 116-136:  Provided further, 
     That the Federal share payable of the costs for which a grant 
     is made under this heading in this Act shall be 100 percent:  
     Provided further, That, notwithstanding any other provision 
     of law, any funds appropriated under the heading ``Grants-In-
     Aid for Airports'' in Public Law 116-136 that are unallocated 
     as of the date of enactment of this Act shall be added to and 
     allocated under paragraph (1) of this heading in this Act:  
     Provided further, That any funds obligated under Public Law 
     116-136 that are recovered by or returned to the FAA shall be 
     allocated under paragraph (1) of this heading in this Act:  
     Provided further, That of the amounts appropriated under this 
     heading in this Act:
       (1) Not less than $1,750,000,000 shall be available for 
     primary airports as defined in section

[[Page H7527]]

     47102(16) of title 49, United States Code, and certain cargo 
     airports for costs related to operations, personnel, 
     cleaning, sanitization, janitorial services, combating the 
     spread of pathogens at the airport, and debt service 
     payments:  Provided, That such funds shall not be subject to 
     the reduced apportionments of section 47114(f) of title 49, 
     United States Code:  Provided further, That such funds shall 
     first be apportioned as set forth in sections 47114(c)(1)(A), 
     47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A), 
     47114(c)(2)(B), and 47114(c)(2)(E) of title 49, United States 
     Code:  Provided further, That there shall be no maximum 
     apportionment limit:  Provided further, That any remaining 
     funds after such apportionment shall be distributed to all 
     sponsors of primary airports (as defined in section 47102(16) 
     of title 49, United States Code) based on each such airport's 
     passenger enplanements compared to total passenger 
     enplanements of all airports defined in section 47102(16) of 
     title 49, United States Code, for the most recent calendar 
     year enplanements upon which the Secretary has apportioned 
     funds pursuant to section 47114(c) of title 49, United States 
     Code;
       (2) Not less than $45,000,000 shall be for general aviation 
     and commercial service airports that are not primary airports 
     as defined in paragraphs (7), (8), and (16) of section 47102 
     of title 49, United States Code, for costs related to 
     operations, personnel, cleaning, sanitization, janitorial 
     services, combating the spread of pathogens at the airport, 
     and debt service payments:  Provided, That not less than 
     $5,000,000 of such funds shall be available to sponsors of 
     non-primary airports, divided equally, that participate in 
     the FAA Contract Tower Program defined in section 47124 of 
     title 49, United States Code, to cover lawful expenses to 
     support FAA contract tower operations:  Provided further, 
     That the Secretary shall apportion the remaining funds to 
     each non-primary airport based on the categories published in 
     the most current National Plan of Integrated Airport Systems, 
     reflecting the percentage of the aggregate published eligible 
     development costs for each such category, and then dividing 
     the allocated funds evenly among the eligible airports in 
     each category, rounding up to the nearest thousand dollars:  
     Provided further, That any remaining funds under this 
     paragraph shall be distributed as described in paragraph (1) 
     under this heading in this Act;
       (3) Not less than $200,000,000 shall be available to 
     sponsors of primary airports to provide relief from rent and 
     minimum annual guarantees to on-airport car rental, on-
     airport parking, and in-terminal airport concessions (as 
     defined in part 23 of title 49, Code of Federal Regulations) 
     located at primary airports:  Provided, That such funds shall 
     be distributed to all sponsors of primary airports (as 
     defined in section 47102(16) of title 49, United States Code) 
     based on each such airport's passenger enplanements compared 
     to total passenger enplanements of all airports defined in 
     section 47102(16) of title 49, United States Code, for 
     calendar year 2019:  Provided further, That as a condition of 
     approving a grant under this paragraph, the Secretary shall 
     require the sponsor to provide such relief from the date of 
     enactment of this Act until the sponsor has provided relief 
     equaling the total grant amount, to the extent practicable 
     and to the extent permissible under state laws, local laws, 
     and applicable trust indentures:  Provided further, That the 
     sponsor shall provide relief from rent and minimum annual 
     guarantee obligations to each eligible airport concession in 
     an amount that reflects each eligible airport concession's 
     proportional share of the total amount of the rent and 
     minimum annual guarantees of all the eligible airport 
     concessions at such airport:  Provided further, That, to the 
     extent permissible under this paragraph, airport sponsors 
     shall prioritize relief from rent and minimum annual 
     guarantee to minority-owned businesses:  Provided further, 
     That only airport concessions that have certified they have 
     not received a second draw or assistance for a covered loan 
     under section 7(a)(37) of the Small Business Act (15 U.S.C. 
     636(a)(37)) that has been applied toward rent or minimum 
     annual guarantee costs shall be eligible for relief under 
     this paragraph and such concessions are hereby prohibited 
     from applying for a covered loan under such section for rent 
     or minimum annual guarantee costs:  Provided further, That 
     sponsors of primary airports may retain up to 2 percent of 
     the funds provided under this paragraph to administer the 
     relief required under this paragraph; and
       (4) Up to $5,000,000 shall be available and transferred to 
     ``Office of the Secretary, Salaries and Expenses'' to carry 
     out the Small Community Air Service Development Program:  
     Provided, That in allocating funding made available in this 
     or any previous Acts for such program for fiscal years 2019, 
     2020, and 2021, the Secretary of Transportation shall give 
     priority to communities or consortia of communities that have 
     had air carrier service reduced or suspended as a result of 
     the coronavirus pandemic:  Provided further, That the 
     Secretary shall publish streamlined and expedited procedures 
     for the solicitation of applications for assistance under 
     this paragraph not later than 60 days after the date of 
     enactment of this Act and shall make awards as soon as 
     practicable:
       Provided further, That the Administrator of the Federal 
     Aviation Administration may retain up to 0.1 percent of the 
     funds provided under this heading in this Act to fund the 
     award and oversight by the Administrator of grants made under 
     this heading in this Act:  Provided further, That obligations 
     of funds under this heading in this Act shall not be subject 
     to any limitations on obligations provided in any Act making 
     annual appropriations:  Provided further, That all airports 
     receiving funds under this heading in this Act shall continue 
     to employ, through February 15, 2021, at least 90 percent of 
     the number of individuals employed (after making adjustments 
     for retirements or voluntary employee separations) by the 
     airport as of March 27, 2020:  Provided further, That the 
     Secretary may waive the workforce retention requirement in 
     the preceding proviso, if the Secretary determines the 
     airport is experiencing economic hardship as a direct result 
     of the requirement, or the requirement reduces aviation 
     safety or security:  Provided further, That the workforce 
     retention requirement shall not apply to nonhub airports or 
     nonprimary airports receiving funds under this heading in 
     this Act:  Provided further, That the amounts repurposed 
     under this heading in this Act that were previously 
     designated by the Congress as an emergency requirement 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985 are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985:  
     Provided further, That such amount is designated by the 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985.

                     Federal Highway Administration

                    highway infrastructure programs

       For an additional amount for ``Highway Infrastructure 
     Programs'', $10,000,000,000, to remain available until 
     September 30, 2024, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That the funds made available under 
     this heading in this Act shall be derived from the general 
     fund of the Treasury, shall be in addition to any funds 
     provided for fiscal year 2021 in this or any other Act for 
     ``Federal-aid Highways'' under chapters 1 or 2 of title 23, 
     United States Code, and shall not affect the distribution or 
     amount of funds provided in the Transportation, Housing and 
     Urban Development, and Related Agencies Appropriations Act, 
     2021, or any other Act:  Provided further, That section 
     1101(b) of Public Law 114-94 shall apply to funds made 
     available under this heading in this Act:  Provided further, 
     That notwithstanding chapter 1 or chapter 2 of title 23, 
     United States Code, or any other provision of law, in 
     addition to other eligible uses described under this heading 
     in this Act, a State, territory, Puerto Rico, or Indian Tribe 
     may use funds made available under this heading in this Act 
     for costs related to preventive maintenance, routine 
     maintenance, operations, personnel, including salaries of 
     employees (including those employees who have been placed on 
     administrative leave) or contractors, debt service payments, 
     availability payments, and coverage for other revenue losses: 
      Provided further, That a State, territory, Puerto Rico, or 
     Indian Tribe may transfer funds made available under this 
     heading in this Act to State, multi-state, international, or 
     local public tolling agencies that own or operate a tolled 
     facility that is a public road, bridge, or tunnel, or a ferry 
     system that provides a public transportation benefit, and 
     that was in operation within their State in fiscal year 2020: 
      Provided further, That funds transferred pursuant to the 
     preceding proviso may be used for costs related to 
     operations, personnel, including salaries of employees 
     (including those employees who have been placed on 
     administrative leave) or contractors, debt service payments, 
     availability payments, and coverage for other revenue losses 
     of a tolled facility or ferry system, and that, 
     notwithstanding the previous receipt of Federal funds for 
     such tolled facility or ferry system, for funds made 
     available under this heading in this Act, the limitations on 
     the use of revenues in subsections (a)(3) and (c)(4) of 
     section 129 of title 23, United States Code, shall not apply 
     with respect to the tolled facilities or ferry systems for 
     which funding is transferred pursuant to the preceding 
     proviso:  Provided further, That of the funds made available 
     under this heading in this Act, $9,840,057,332 shall be 
     available for activities eligible under section 133(b) of 
     title 23, United States Code, $114,568,862 shall be available 
     for activities eligible under the Tribal Transportation 
     Program, as described in section 202 of such title, 
     $35,845,307 shall be available for activities eligible under 
     the Puerto Rico Highway Program, as described in section 
     165(b)(2)(C)(iii) of such title; and $9,528,499 shall be 
     available for activities eligible under the Territorial 
     Highway Program, as described in section 165(c)(6) of such 
     title:  Provided further, That for the purposes of funds made 
     available under this heading in this Act the term ``State'' 
     means any of the 50 States or the District of Columbia:  
     Provided further, That, except as otherwise provided under 
     this heading in this Act, the funds made available under this 
     heading in this Act shall be administered as if apportioned 
     under chapter 1 of title 23, United States Code, except that 
     the funds made available under this heading in this Act for 
     activities eligible under the Tribal Transportation Program 
     shall be administered as if allocated under chapter 2 of 
     title 23, United States Code:  Provided further, That the 
     funds made available under this heading in this Act for 
     activities eligible under section 133(b) of title 23, United 
     States Code, shall be apportioned to the States in the same 
     ratio as the obligation limitation for fiscal year 2021 is 
     distributed among the States in accordance with the formula 
     specified in section 120(a)(5) of the Transportation, Housing 
     and Urban Development, and Related Agencies Appropriations 
     Act, 2021 and shall be apportioned not later than 30 days 
     after the date of enactment of this Act:  Provided further, 
     That funds apportioned to a State under this heading in this 
     Act shall be suballocated within the State to each area 
     described in subsection 133(d)(1)(A)(i) of title 23, United 
     States Code, in the same ratio that funds suballocated to 
     that area for fiscal year 2021 bears to the combined amount 
     of funds apportioned to the State under section 104(b)(2) of 
     such title for fiscal years 2020 and 2021:  Provided further, 
     That of funds made available

[[Page H7528]]

     under this heading in this Act for activities eligible under 
     section 133(b) of title 23, United States Code, any such 
     activity shall be subject to the requirements of section 
     133(i) of title 23, United States Code:  Provided further, 
     That, except as provided in the following proviso, the funds 
     made available under this heading in this Act for activities 
     eligible under the Puerto Rico Highway Program and activities 
     eligible under the Territorial Highway Program shall be 
     administered as if allocated under sections 165(b) and 
     165(c), respectively, of title 23, United States Code:  
     Provided further, That the funds made available under this 
     heading in this Act for activities eligible under the Puerto 
     Rico Highway Program shall not be subject to the requirements 
     of sections 165(b)(2)(A) or 165(b)(2)(B) of title 23, United 
     States Code:  Provided further, That for amounts made 
     available under this heading in this Act, the Federal share 
     of the costs shall be, at the option of the State, territory, 
     Puerto Rico, or Indian Tribe, up to 100 percent:  Provided 
     further, That funds made available for preventive 
     maintenance, routine maintenance, operations, personnel, 
     including salaries of employees (including those employees 
     who have been placed on administrative leave) or contractors, 
     debt service payments, availability payments, and coverage 
     for other revenue losses under this heading in this Act are 
     not required to be included in a metropolitan transportation 
     plan, a long-range statewide transportation plan, a 
     transportation improvement program or a statewide 
     transportation improvement program under sections 134 or 135 
     of title 23, United States Code, or chapter 53 of title 49, 
     United States Code, as applicable:  Provided further, That 
     unless otherwise specified, applicable requirements under 
     title 23, United States Code, shall apply to funds made 
     available under this heading in this Act:  Provided further, 
     That, subject to the following proviso, the funds made 
     available under this heading in this Act for activities 
     eligible under the Tribal Transportation Program, as 
     described in section 202 of title 23, United States Code, may 
     not be set-aside for administrative expenses as described in 
     section 202(a)(6) of such title:  Provided further, That the 
     Administrator of the Federal Highway Administration may 
     retain up to $10,000,000 of the total funds made available 
     under this heading in this Act, to fund the oversight by the 
     Administrator of activities carried out with funds made 
     available under this heading in this Act:  Provided further, 
     That the set-asides described in subparagraph (C) of section 
     202(b)(3) of title 23, United States Code, and subsections 
     (a)(6), (c), (d), and (e) of section 202 of such title shall 
     not apply to funds made available under this heading in this 
     Act for activities eligible under the Tribal Transportation 
     Program:  Provided further, That such amount is designated by 
     the Congress as being for an emergency requirement pursuant 
     to section 251(b)(2)(A)(i) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.

                    Federal Railroad Administration

     northeast corridor grants to the national railroad passenger 
                              corporation

                     (including transfer of funds)

       For an additional amount for ``Northeast Corridor Grants to 
     the National Railroad Passenger Corporation'', $655,431,000, 
     to remain available until expended, to prevent, prepare for, 
     and respond to coronavirus, including to enable the Secretary 
     of Transportation to make or amend existing grants to the 
     National Railroad Passenger Corporation for activities 
     associated with the Northeast Corridor, as authorized by 
     section 11101(a) of the Fixing America's Surface 
     Transportation Act (division A of Public Law 114-94):  
     Provided, That not less than $109,805,000 of the amounts made 
     available under this heading in this Act and the ``National 
     Network Grants to the National Railroad Passenger 
     Corporation'' heading in this Act shall be made available for 
     use by the National Railroad Passenger Corporation in lieu of 
     capital payments from States and commuter rail passenger 
     transportation providers subject to the cost allocation 
     policy developed pursuant to section 24905(c) of title 49, 
     United States Code:  Provided further, That, notwithstanding 
     sections 24319(g) and 24905(c)(1)(A)(i) of title 49, United 
     States Code, such use of funds does not constitute cross-
     subsidization of commuter rail passenger transportation:  
     Provided further, That the Secretary may retain up to 
     $2,030,000 of the amounts made available under both this 
     heading in this Act and the ``National Network Grants to the 
     National Railroad Passenger Corporation'' heading in this Act 
     to fund the costs of project management and oversight of 
     activities authorized by section 11101(c) of the Fixing 
     America's Surface Transportation Act (division A of Public 
     Law 114-94):  Provided further, That amounts made available 
     under this heading in this Act may be transferred to and 
     merged with amounts made available under the heading 
     ``National Network Grants to the National Railroad Passenger 
     Corporation'' in this Act to prevent, prepare for, and 
     respond to coronavirus:  Provided further, That such amount 
     is designated by the Congress as being for an emergency 
     requirement pursuant to section 251(b)(2)(A)(i) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985.

 national network grants to the national railroad passenger corporation

                     (including transfer of funds)

       For an additional amount for ``National Network Grants to 
     the National Railroad Passenger Corporation'', $344,569,000, 
     to remain available until expended, to prevent, prepare for, 
     and respond to coronavirus, including to enable the Secretary 
     of Transportation to make or amend existing grants to the 
     National Railroad Passenger Corporation for activities 
     associated with the National Network as authorized by section 
     11101(b) of the Fixing America's Surface Transportation Act 
     (division A of Public Law 114-94):  Provided, That 
     $174,850,000 of the amounts made available under this heading 
     in this Act shall be made available for use by the National 
     Railroad Passenger Corporation to be apportioned toward State 
     payments required by the cost methodology policy adopted 
     pursuant to section 209 of the Passenger Rail Investment and 
     Improvement Act of 2008 (Public Law 110-432):  Provided 
     further, That a State-supported route's share of such funding 
     under the preceding proviso shall consist of (1) 7 percent of 
     the costs allocated to the route in fiscal year 2019 under 
     the cost methodology policy adopted pursuant to section 209 
     of the Passenger Rail Investment and Improvement Act of 2008 
     (Public Law 110-432), and (2) any remaining amounts under the 
     preceding proviso shall be apportioned to a route in 
     proportion to its passenger revenue and other revenue 
     allocated to a State-supported route in fiscal year 2019 
     divided by the total passenger revenue and other revenue 
     allocated to all State-supported routes in fiscal year 2019:  
     Provided further, That State-supported routes which 
     terminated service on or before February 1, 2020, shall not 
     be included in the cost and revenue calculations made 
     pursuant to the preceding proviso:  Provided further, That 
     amounts made available under this heading in this Act may be 
     transferred to and merged with amounts made available under 
     the heading ``Northeast Corridor Grants to the National 
     Railroad Passenger Corporation'' in this Act to prevent, 
     prepare for, and respond to coronavirus:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     Federal Transit Administration

                     transit infrastructure grants

       For an additional amount for ``Transit Infrastructure 
     Grants'', $14,000,000,000, to remain available until 
     expended, to prevent, prepare for, and respond to 
     coronavirus:  Provided, That of the amounts appropriated 
     under this heading in this Act--
       (1) $13,271,310,572 shall be for grants to recipients 
     eligible under chapter 53 of title 49, United States Code, 
     and administered as if such funds were provided under section 
     5307 of title 49, United States Code (apportioned in 
     accordance with section 5336 of such title (other than 
     subsections (h)(1) and (h)(4))), and section 5337 of title 
     49, United States Code (apportioned in accordance with such 
     section), except that funds apportioned under section 5337 
     shall be added to funds apportioned under 5307 for 
     administration under 5307:  Provided, That the Secretary of 
     Transportation (referred to under this heading in this Act as 
     the ``Secretary'') shall allocate the amounts provided in the 
     preceding proviso under sections 5307 and 5337 of title 49, 
     United States Code, in the same ratio as funds were provided 
     under the Further Consolidated Appropriations Act, 2020 
     (Public Law 116-94; 133 Stat. 2534) and shall allocate such 
     amounts not later than 30 days after the date of enactment of 
     this Act:  Provided further, That the amounts allocated to 
     any urbanized area from amounts made available under this 
     paragraph in this Act when combined with the amounts 
     allocated to that urbanized area from funds appropriated 
     under this heading in title XII of division B of the CARES 
     Act (Public Law 116-136; 134 Stat. 599)) may not exceed 75 
     percent of that urbanized area's 2018 operating costs based 
     on data contained in the National Transit Database:  Provided 
     further, That for any urbanized area for which the 
     calculation in the preceding proviso exceeds 75 percent of 
     the urbanized area's 2018 operating costs, the Secretary 
     shall distribute funds in excess of such percent to urbanized 
     areas for which the calculation in the preceding proviso does 
     not exceed 75 percent, in the same proportion as amounts 
     allocated under the first proviso of this paragraph in this 
     Act:  Provided further, That no recipient in an urbanized 
     area may receive more than $4,000,000,000 from the amounts 
     allocated under this paragraph in this Act in combination 
     with the amounts provided under this heading in title XII of 
     division B of the CARES Act (Public Law 116-136; 134 Stat. 
     599) until 75 percent of the funds provided to the recipient 
     under this heading in such title XII are obligated and only 
     after the recipient certifies to the Secretary that the use 
     of such funds in excess of such amount is necessary to 
     prevent layoffs or furloughs directly related to demonstrated 
     revenue losses directly attributable to COVID-19;
       (2) $50,034,973 shall be for grants to recipients or 
     subrecipients eligible under section 5310 of title 49, United 
     States Code, and the Secretary shall apportion such funds in 
     accordance with such section:  Provided, That the Secretary 
     shall allocate such funds in the same ratio as funds were 
     provided under the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94; 133 Stat. 2534) and shall allocate 
     such funds not later than 30 days after the date of enactment 
     of this Act; and
       (3) $678,654,455 shall be for grants to recipients or 
     subrecipients eligible under section 5311 of title 49, United 
     States Code (other than subsections (b)(3), (c)(1)(A), and 
     (f)), and the Secretary shall apportion such funds in 
     accordance with such section:  Provided, That the Secretary 
     shall allocate such funds in the same ratio as funds were 
     provided under the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94; 133 Stat. 2534) and shall allocate 
     funds within 30 days of enactment of this Act:  Provided 
     further, That the amounts allocated to any State (as defined 
     in section 5302 of title 49, United States Code) for rural 
     operating costs from amounts made available under this 
     heading in this Act when combined with the amounts allocated 
     to each such State for rural operating costs from funds 
     appropriated under this heading in title XII of division B of 
     the CARES Act

[[Page H7529]]

     (Public Law 116-136; 134 Stat. 599) may not exceed 125 
     percent of that State's combined 2018 rural operating costs 
     of the recipients and subrecipients in the State based on 
     data contained in the National Transit Database:  Provided 
     further, That for any State for which the calculation in the 
     preceding proviso exceeds 125 percent of the State's combined 
     2018 rural operating costs of the recipients and 
     subrecipients in the State, the Secretary shall distribute 
     funds in excess of such percent to States for which the 
     calculation in the preceding proviso does not exceed 125 
     percent in the same proportion as amounts allocated under the 
     first proviso of this paragraph in this Act:
       Provided further, That the Secretary shall not waive the 
     requirements of section 5333 of title 49, United States Code, 
     for funds appropriated under this heading in this Act or for 
     funds previously made available under section 5307 of title 
     49, United States Code, or section 5311, 5337, or 5340 of 
     such title as a result of COVID-19:  Provided further, That 
     the provision of funds under this heading in this Act shall 
     not affect the ability of any other agency of the Government, 
     including the Federal Emergency Management Agency, a State 
     agency, or a local governmental entity, organization, or 
     person, to provide any other funds otherwise authorized by 
     law:  Provided further, That notwithstanding subsection 
     (a)(1) or (b) of section 5307 of title 49, United States 
     Code, section 5310(b)(2)(A) of that title, or any provision 
     of chapter 53 of that title, funds provided under this 
     heading in this Act are available for the operating expenses 
     of transit agencies related to the response to a COVID-19 
     public health emergency, including, beginning on January 20, 
     2020, reimbursement for operating costs to maintain service 
     and lost revenue due to the COVID-19 public health emergency, 
     including the purchase of personal protective equipment, and 
     paying the administrative leave of operations or contractor 
     personnel due to reductions in service:  Provided further, 
     That to the maximum extent possible, funds made available 
     under this heading in this Act and in title XII of division B 
     of the CARES Act (Public Law 116-136; 134 Stat. 599) shall be 
     directed to payroll and operations of public transit 
     (including payroll and expenses of private providers of 
     public transportation), unless the recipient certifies to the 
     Secretary that the recipient has not furloughed any 
     employees:  Provided further, That such operating expenses 
     are not required to be included in a transportation 
     improvement program, long-range transportation plan, 
     statewide transportation plan, or a statewide transportation 
     improvement program:  Provided further, That private 
     providers of public transportation shall be considered 
     eligible subrecipients of funding provided under this heading 
     in this Act and in title XII of division B of the CARES Act 
     (Public Law 116-136; 134 Stat. 599):  Provided further, That 
     unless otherwise specified, applicable requirements under 
     chapter 53 of title 49, United States Code, shall apply to 
     funding made available under this heading in this Act, except 
     that the Federal share of the costs for which any grant is 
     made under this heading in this Act shall be, at the option 
     of the recipient, up to 100 percent:  Provided further, That 
     the amount made available under this heading in this Act 
     shall be derived from the general fund of the Treasury and 
     shall not be subject to any limitation on obligations for 
     transit programs set forth in any Act:  Provided further, 
     That the Federal share of costs for any unobligated grant 
     funds under section 5310 of title 49, United States Code, as 
     of the date of enactment of this Act shall be, at the option 
     of the recipient, up to 100 percent:  Provided further, That 
     of the amounts made available under this heading in this Act, 
     up to $10,000,000 may be retained by the Administrator of the 
     Federal Transit Administration to fund ongoing program 
     management and oversight activities described in sections 
     5334 and 5338(f)(2) of title 49, United States Code, and 
     shall be in addition to any other appropriations for such 
     purpose:  Provided further, That the amounts repurposed under 
     this heading in this Act that were previously designated by 
     the Congress as an emergency requirement pursuant to the 
     Balanced Budget and Emergency Deficit Control Act of 1985 are 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985:  Provided further, 
     That such amount is designated by the Congress as being for 
     an emergency requirement pursuant to section 251(b)(2)(A)(i) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

                     GENERAL PROVISION--THIS TITLE

       Sec. 401.  Amounts made available in this Act under the 
     headings ``Northeast Corridor Grants to the National Railroad 
     Passenger Corporation'' and ``National Network Grants to the 
     National Railroad Passenger Corporation'' shall be used under 
     the same conditions as section 22002 of title XII of division 
     B of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136), except as otherwise noted in this Act:  
     Provided, That the amounts made available in this Act under 
     such headings shall be used by the National Railroad 
     Passenger Corporation, to: (1) prevent further employee 
     furloughs that are a result of efforts to prevent, prepare 
     for, and respond to coronavirus; and (2) prevent further 
     reductions to the frequency of rail service on any long-
     distance route (as defined in section 24102 of title 49, 
     United States Code) except in an emergency or during 
     maintenance or construction outages impacting such routes:  
     Provided further, That the coronavirus shall not qualify as 
     an emergency in the preceding proviso:  Provided further, 
     That in the event of any National Railroad Passenger 
     Corporation employee furloughs as a result of efforts to 
     prevent, prepare for, and respond to coronavirus, the 
     National Railroad Passenger Corporation shall provide such 
     employees the opportunity to be recalled to work in 
     accordance with their seniority and classification of work, 
     regardless of their time in the National Railroad Passenger 
     Corporation's service, as intercity passenger rail service is 
     restored:  Provided further, That the National Railroad 
     Passenger Corporation shall be prohibited from contracting 
     out any scope-covered work conducted by an employee who was 
     furloughed through reductions in the workforce as a result of 
     efforts to prevent, prepare for, and respond to coronavirus, 
     unless such contracting was in place prior to March 1, 2020 
     or is done by agreement with the Labor Organization 
     representing such employee.

                                TITLE V

                      GENERAL PROVISIONS--THIS ACT

       Sec. 501.  Each amount appropriated or made available by 
     this Act is in addition to amounts otherwise appropriated for 
     the fiscal year involved.
       Sec. 502.  No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503.  Unless otherwise provided for by this Act, the 
     additional amounts appropriated by this Act to appropriations 
     accounts shall be available under the authorities and 
     conditions applicable to such appropriations accounts for 
     fiscal year 2021.
       Sec. 504.  Any amount appropriated by this Act, designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 and subsequently so designated by 
     the President, and transferred pursuant to transfer 
     authorities provided by this Act shall retain such 
     designation.
       Sec. 505.  Solely for the purpose of calculating a breach 
     within a category for fiscal year 2021 pursuant to section 
     251(a) or section 254 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, and notwithstanding any other 
     provision of this division, the budgetary effects from this 
     division shall be counted as amounts designated as being for 
     an emergency requirement pursuant to section 251(b)(2)(A) of 
     such Act.
       This division may be cited as the ``Coronavirus Response 
     and Relief Supplemental Appropriations Act, 2021''.

         DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF

                          TITLE I--HEALTHCARE

     SEC. 101. SUPPORTING PHYSICIANS AND OTHER PROFESSIONALS IN 
                   ADJUSTING TO MEDICARE PAYMENT CHANGES DURING 
                   2021.

       (a) In General.--Section 1848 of the Social Security Act 
     (42 U.S.C. 1395w-4) is amended by adding at the end the 
     following new subsection:
       ``(t) Supporting Physicians and Other Professionals in 
     Adjusting to Medicare Payment Changes During 2021.--
       ``(1) In general.--In order to support physicians and other 
     professionals in adjusting to changes in payment for 
     physicians' services during 2021, the Secretary shall 
     increase fee schedules under subsection (b) that establish 
     payment amounts for such services furnished on or after 
     January 1, 2021, and before January 1, 2022, by 3.75 percent.
       ``(2) Implementation.--
       ``(A) Administration.--Notwithstanding any other provision 
     of law, the Secretary may implement this subsection by 
     program instruction or otherwise.
       ``(B) Limitation.--There shall be no administrative or 
     judicial review under section 1869, 1878 or otherwise of the 
     fee schedules that establish payment amounts calculated 
     pursuant to this subsection.
       ``(C) Application only for 2021.--The increase in fee 
     schedules that establish payment amounts under this 
     subsection shall not be taken into account in determining 
     such fee schedules that establish payment amounts for 
     services furnished in years after 2021.
       ``(3) Funding.--For purposes of increasing the fee 
     schedules that establish payment amounts pursuant to this 
     subsection--
       ``(A) there shall be transferred from the General Fund of 
     the Treasury to the Federal Supplementary Medical Insurance 
     Trust Fund under section 1841, $3,000,000,000, to remain 
     available until expended; and
       ``(B) in the event the Secretary determines additional 
     amounts are necessary, such amounts shall be available from 
     the Federal Supplementary Medical Insurance Trust Fund.''.
       (b) Exemption of Additional Expenditures From Physician Fee 
     Schedule Budget-neutrality.--Such section 1848 is amended, in 
     subsection (c)(2)(B)(iv)--
       (1) in subclause (III), by striking ``and'' at the end;
       (2) in subclause (IV), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following new subclause:

       ``(V) subsection (t) shall not be taken into account in 
     applying clause (ii)(II) for 2021.''.

       (c) Report.--Not later than April 1, 2022, the Secretary of 
     Health and Human Services shall submit a report to the 
     Committee on Finance of the Senate and the Committee on Ways 
     and Means and the Committee on Energy and Commerce of the 
     House of Representatives on the increase in fee schedules 
     that establish payment amounts for physicians' services under 
     section 1848(t) of the Social Security Act, as added by 
     subsection (a). Such report shall include the aggregate 
     amount of the increase in payment amounts under such section, 
     including information regarding any payments made in excess 
     of the amount of funding provided under paragraph (3)(A) of 
     such section.

[[Page H7530]]

  


     SEC. 102. EXTENSION OF TEMPORARY SUSPENSION OF MEDICARE 
                   SEQUESTRATION.

       (a) In General.--Section 3709(a) of division A of the CARES 
     Act (2 U.S.C. 901a note) is amended by striking ``December 
     31, 2020'' and inserting ``March 31, 2021''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect as if enacted as part of the CARES Act 
     (Public Law 116-136).

     TITLE II--ASSISTANCE TO INDIVIDUALS, FAMILIES, AND BUSINESSES

                   Subtitle A--Unemployment Insurance

         CHAPTER 1--CONTINUED ASSISTANCE TO UNEMPLOYED WORKERS

     SEC. 200. SHORT TITLE.

       This chapter may be cited as the ``Continued Assistance for 
     Unemployed Workers Act of 2020''.

      Subchapter I--Extension of CARES Act Unemployment Provisions

     SEC. 201. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC 
                   UNEMPLOYMENT ASSISTANCE.

       (a) In General.--Section 2102(c) of the CARES Act (15 
     U.S.C. 9021(c)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``paragraph (2)'' and inserting 
     ``paragraphs (2) and (3)''; and
       (B) in subparagraph (A)(ii), by striking ``December 31, 
     2020'' and inserting ``March 14, 2021''; and
       (2) by redesignating paragraph (3) as paragraph (4); and
       (3) by inserting after paragraph (2) the following:
       ``(3) Transition rule for individuals remaining entitled to 
     pandemic unemployment assistance as of march 14, 2021.--
       ``(A) In general.--Subject to subparagraph (B), in the case 
     of any individual who, as of the date specified in paragraph 
     (1)(A)(ii), is receiving pandemic unemployment assistance but 
     has not yet exhausted all rights to such assistance under 
     this section, pandemic unemployment assistance shall continue 
     to be payable to such individual for any week beginning on or 
     after such date for which the individual is otherwise 
     eligible for pandemic unemployment assistance.
       ``(B) Termination.--Notwithstanding any other provision of 
     this subsection, no pandemic unemployment assistance shall be 
     payable for any week beginning after April 5, 2021.''.
       (b) Increase in Number of Weeks.--Section 2102(c)(2) of the 
     CARES Act (15 U.S.C. 9021(c)(2)) is amended--
       (1) by striking ``39 weeks'' and inserting ``50 weeks''; 
     and
       (2) by striking ``39-week period'' and inserting ``50-week 
     period''.
       (c) Appeals.--
       (1) In general.--Section 2102(c) of the CARES Act (15 
     U.S.C. 9021(c)), as amended by subsections (a) and (b), is 
     amended by adding at the end the following:
       ``(5) Appeals by an individual.--
       ``(A) In general.--An individual may appeal any 
     determination or redetermination regarding the rights to 
     pandemic unemployment assistance under this section made by 
     the State agency of any of the States.
       ``(B) Procedure.--All levels of appeal filed under this 
     paragraph in the 50 states, the District of Columbia, the 
     Commonwealth of Puerto Rico, and the Virgin Islands--
       ``(i) shall be carried out by the applicable State that 
     made the determination or redetermination; and
       ``(ii) shall be conducted in the same manner and to the 
     same extent as the applicable State would conduct appeals of 
     determinations or redeterminations regarding rights to 
     regular compensation under State law.
       ``(C) Procedure for certain territories.--With respect to 
     any appeal filed in Guam, American Samoa, the Commonwealth of 
     the Northern Mariana Islands, the Federated States of 
     Micronesia, Republic of the Marshall Islands, and the 
     Republic of Palau--
       ``(i) lower level appeals shall be carried out by the 
     applicable entity within the State;
       ``(ii) if a higher level appeal is allowed by the State, 
     the higher level appeal shall be carried out by the 
     applicability entity within the State; and
       ``(iii) appeals described in clauses (i) and (ii) shall be 
     conducted in the same manner and to the same extent as 
     appeals of regular unemployment compensation are conducted 
     under the unemployment compensation law of Hawaii.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if enacted as part of division A of the 
     CARES Act (Public Law 116-136), except that any decision 
     issued on appeal or review before the date of enactment of 
     this Act shall not be affected by the amendment made by 
     paragraph (1).
       (d) Waiver Authority for Certain Overpayments of Pandemic 
     Unemployment Assistance.--Section 2102(d) of the CARES Act 
     (15 U.S.C. 9021(d)) is amended by adding at the end the 
     following:
       ``(4) Waiver authority.--In the case of individuals who 
     have received amounts of pandemic unemployment assistance to 
     which they were not entitled, the State shall require such 
     individuals to repay the amounts of such pandemic 
     unemployment assistance to the State agency, except that the 
     State agency may waive such repayment if it determines that--
       ``(A) the payment of such pandemic unemployment assistance 
     was without fault on the part of any such individual; and
       ``(B) such repayment would be contrary to equity and good 
     conscience.''.
       (e) Hold Harmless for Proper Administration.--In the case 
     of an individual who is eligible to receive pandemic 
     unemployment assistance under section 2102 the CARES Act (15 
     U.S.C. 9021) as of the day before the date of enactment of 
     this Act and on the date of enactment of this Act becomes 
     eligible for pandemic emergency unemployment compensation 
     under section 2107 of the CARES Act (15 U.S.C. 9025) by 
     reason of the amendments made by section 206(b) of this 
     subtitle, any payment of pandemic unemployment assistance 
     under such section 2102 made after the date of enactment of 
     this Act to such individual during an appropriate period of 
     time, as determined by the Secretary of Labor, that should 
     have been made under such section 2107 shall not be 
     considered to be an overpayment of assistance under such 
     section 2102, except that an individual may not receive 
     payment for assistance under section 2102 and a payment for 
     assistance under section 2107 for the same week of 
     unemployment.
       (f) Limitation.--In the case of a covered individual whose 
     first application for pandemic unemployment assistance under 
     section 2102 of the CARES Act (15 U.S.C. 9021) is filed after 
     the date of enactment of this Act, subsection (c)(1)(A)(i) of 
     such section 2102 shall be applied by substituting ``December 
     1, 2020'' for ``January 27, 2020''.
       (g) Effective Date.--The amendments made by subsections 
     (a), (b), (c), and (d) shall apply as if included in the 
     enactment of the CARES Act (Public Law 116-136), except that 
     no amount shall be payable by virtue of such amendments with 
     respect to any week of unemployment commencing before the 
     date of the enactment of this Act.

     SEC. 202. EXTENSION OF EMERGENCY UNEMPLOYMENT RELIEF FOR 
                   GOVERNMENTAL ENTITIES AND NONPROFIT 
                   ORGANIZATIONS.

       Section 903(i)(1)(D) of the Social Security Act (42 U.S.C. 
     1103(i)(1)(D)) is amended by striking ``December 31, 2020'' 
     and inserting ``March 14, 2021''.

     SEC. 203. EXTENSION OF FEDERAL PANDEMIC UNEMPLOYMENT 
                   COMPENSATION.

       (a) In General.--Section 2104(e) of the CARES Act (15 
     U.S.C. 9023(e)) is amended to read as follows:
       ``(e) Applicability.--An agreement entered into under this 
     section shall apply--
       ``(1) to weeks of unemployment beginning after the date on 
     which such agreement is entered into and ending on or before 
     July 31, 2020; and
       ``(2) to weeks of unemployment beginning after December 26, 
     2020 (or, if later, the date on which such agreement is 
     entered into), and ending on or before March 14, 2021.''.
       (b) Amount.--
       (1) In general.--Section 2104(b) of the CARES Act (15 
     U.S.C. 9023(b)) is amended--
       (A) in paragraph (1)(B), by striking ``of $600'' and 
     inserting ``equal to the amount specified in paragraph (3)''; 
     and
       (B) by adding at the end the following new paragraph:
       ``(3) Amount of federal pandemic unemployment 
     compensation.--
       ``(A) In general.--The amount specified in this paragraph 
     is the following amount:
       ``(i) For weeks of unemployment beginning after the date on 
     which an agreement is entered into under this section and 
     ending on or before July 31, 2020, $600.
       ``(ii) For weeks of unemployment beginning after December 
     26, 2020 (or, if later, the date on which such agreement is 
     entered into), and ending on or before March 14, 2021, 
     $300.''.
       (2) Technical amendment regarding application to short-time 
     compensation programs and agreements.--Section 2104(i)(2) of 
     the CARES Act (15 U.S.C. 9023(i)(2)) is amended--
       (A) in subparagraph (C), by striking ``and'' at the end;
       (B) in subparagraph (D), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following:
       ``(E) short-time compensation under a short-time 
     compensation program (as defined in section 3306(v) of the 
     Internal Revenue Code of 1986).''.

     SEC. 204. EXTENSION OF FEDERAL FUNDING OF THE FIRST WEEK OF 
                   COMPENSABLE REGULAR UNEMPLOYMENT FOR STATES 
                   WITH NO WAITING WEEK.

       Section 2105 of the CARES Act (15 U.S.C. 9024) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``There shall be paid'' 
     and inserting ``Except as provided in paragraph (3), there 
     shall be paid''; and
       (B) by adding at the end the following:
       ``(3) Partial reimbursement.--With respect to compensation 
     paid to individuals for weeks of unemployment ending after 
     December 31, 2020, paragraph (1) shall be applied by 
     substituting `50 percent' for `100 percent'.''; and
       (2) in subsection (e)(2), by striking ``December 31, 2020'' 
     and inserting ``March 14, 2021''.

     SEC. 205. EXTENSION OF EMERGENCY STATE STAFFING FLEXIBILITY.

       Section 4102(b) of the Families First Coronavirus Response 
     Act (26 U.S.C. 3304 note), in the second sentence, is amended 
     by striking ``December 31, 2020'' and inserting ``March 14, 
     2021''.

     SEC. 206. EXTENSION AND BENEFIT PHASEOUT RULE FOR PANDEMIC 
                   EMERGENCY UNEMPLOYMENT COMPENSATION.

       (a) In General.--Section 2107(g) of the CARES Act (15 
     U.S.C. 9025(g)) is amended to read as follows:
       ``(g) Applicability.--
       ``(1) In general.--Except as provided in paragraphs (2) and 
     (3), an agreement entered into under this section shall apply 
     to weeks of unemployment--
       ``(A) beginning after the date on which such agreement is 
     entered into; and
       ``(B) ending on or before March 14, 2021.

[[Page H7531]]

       ``(2) Transition rule for individuals remaining entitled to 
     pandemic emergency unemployment compensation as of march 14, 
     2021.--In the case of any individual who, as of the date 
     specified in paragraph (1)(B), is receiving Pandemic 
     Emergency Unemployment Compensation but has not yet exhausted 
     all rights to such assistance under this section, Pandemic 
     Emergency Unemployment Compensation shall continue to be 
     payable to such individual for any week beginning on or after 
     such date for which the individual is otherwise eligible for 
     Pandemic Emergency Unemployment Compensation.
       ``(3) Termination.--Notwithstanding any other provision of 
     this subsection, no Pandemic Emergency Unemployment 
     Compensation shall be payable for any week beginning after 
     April 5, 2021.''.
       (b) Increase in Number of Weeks.--Section 2107(b)(2) of the 
     CARES Act (15 U.S.C. 9025(b)(2)) is amended by striking 
     ``13'' and inserting ``24''.
       (c) Coordination Rules.--
       (1) Coordination of pandemic emergency unemployment 
     compensation with regular compensation.--Section 2107(b) of 
     the CARES Act (15 U.S.C. 9025(b)) is amended by adding at the 
     end the following:
       ``(4) Coordination of pandemic emergency unemployment 
     compensation with regular compensation.--
       ``(A) In general.--If--
       ``(i) an individual has been determined to be entitled to 
     pandemic emergency unemployment compensation with respect to 
     a benefit year;
       ``(ii) that benefit year has expired;
       ``(iii) that individual has remaining entitlement to 
     pandemic emergency unemployment compensation with respect to 
     that benefit year; and
       ``(iv) that individual would qualify for a new benefit year 
     in which the weekly benefit amount of regular compensation is 
     at least $25 less than the individual's weekly benefit amount 
     in the benefit year referred to in clause (i),
     then the State shall determine eligibility for compensation 
     as provided in subparagraph (B).
       ``(B) Determination of eligibility.--For individuals 
     described in subparagraph (A), the State shall determine 
     whether the individual is to be paid pandemic emergency 
     unemployment compensation or regular compensation for a week 
     of unemployment using one of the following methods:
       ``(i) The State shall, if permitted by State law, establish 
     a new benefit year, but defer the payment of regular 
     compensation with respect to that new benefit year until 
     exhaustion of all pandemic emergency unemployment 
     compensation payable with respect to the benefit year 
     referred to in subparagraph (A)(i).
       ``(ii) The State shall, if permitted by State law, defer 
     the establishment of a new benefit year (which uses all the 
     wages and employment which would have been used to establish 
     a benefit year but for the application of this subparagraph), 
     until exhaustion of all pandemic emergency unemployment 
     compensation payable with respect to the benefit year 
     referred to in subparagraph (A)(i).
       ``(iii) The State shall pay, if permitted by State law--

       ``(I) regular compensation equal to the weekly benefit 
     amount established under the new benefit year; and
       ``(II) pandemic emergency unemployment compensation equal 
     to the difference between that weekly benefit amount and the 
     weekly benefit amount for the expired benefit year.

       ``(iv) The State shall determine rights to pandemic 
     emergency unemployment compensation without regard to any 
     rights to regular compensation if the individual elects to 
     not file a claim for regular compensation under the new 
     benefit year.''.
       (2) Coordination of pandemic emergency unemployment 
     compensation with extended compensation.--
       (A) Individuals receiving extended compensation as of the 
     date of enactment.--Section 2107(a)(5) of the CARES Act (15 
     U.S.C. 9025(a)(5)) is amended--
       (i) by striking ``Rule.--An agreement'' and inserting the 
     following: ``Rules.--
       ``(A) In general.--Subject to subparagraph (B), an 
     agreement''; and
       (ii) by adding at the end the following:
       ``(B) Special rule.--In the case of an individual who is 
     receiving extended compensation under the State law for the 
     week that includes the date of enactment of this subparagraph 
     (without regard to the amendments made by subsections (a) and 
     (b) of section 206 of the Continued Assistance for Unemployed 
     Workers Act of 2020), such individual shall not be eligible 
     to receive pandemic emergency unemployment compensation by 
     reason of such amendments until such individual has exhausted 
     all rights to such extended benefits.''.
       (B) Eligibility for extended compensation.--Section 2107(a) 
     of the CARES Act (15 U.S.C. 9025(a)) is amended by adding at 
     the end the following:
       ``(8) Special rule for extended compensation.--At the 
     option of a State, for any weeks of unemployment beginning 
     after the date of the enactment of this paragraph and before 
     April 12, 2021, an individual's eligibility period (as 
     described in section 203(c) of the Federal-State Extended 
     Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note)) 
     shall, for purposes of any determination of eligibility for 
     extended compensation under the State law of such State, be 
     considered to include any week which begins--
       ``(A) after the date as of which such individual exhausts 
     all rights to pandemic emergency unemployment compensation; 
     and
       ``(B) during an extended benefit period that began on or 
     before the date described in subparagraph (A).''.
       (d) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply as if included in 
     the enactment of the CARES Act (Public Law 116-136), except 
     that no amount shall be payable by virtue of such amendments 
     with respect to any week of unemployment commencing before 
     the date of the enactment of this Act.
       (2) Coordination rules.--The amendments made by subsection 
     (c)(1) shall apply to individuals whose benefit years, as 
     described in section 2107(b)(4)(A)(ii) of the CARES Act, 
     expire after the date of enactment of this Act.

     SEC. 207. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME 
                   COMPENSATION PAYMENTS IN STATES WITH PROGRAMS 
                   IN LAW.

       Section 2108(b)(2) of the CARES Act (15 U.S.C. 9026(b)(2)) 
     is amended by striking ``December 31, 2020'' and inserting 
     ``March 14, 2021''.

     SEC. 208. EXTENSION OF TEMPORARY FINANCING OF SHORT-TIME 
                   COMPENSATION AGREEMENTS FOR STATES WITHOUT 
                   PROGRAMS IN LAW.

       Section 2109(d)(2) of the CARES Act (15 U.S.C. 9027(d)(2)) 
     is amended by striking ``December 31, 2020'' and inserting 
     ``March 14, 2021''.

     SEC. 209. TECHNICAL AMENDMENT TO REFERENCES TO REGULATION IN 
                   CARES ACT.

       (a) In General.--Section 2102(h) of the CARES Act (Public 
     Law 116-136) is amended by striking ``section 625'' in each 
     place it appears and inserting ``part 625''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 2102 of the CARES 
     Act (Public Law 116-136).

       Subchapter II--Extension of FFCRA Unemployment Provisions

     SEC. 221. EXTENSION OF TEMPORARY ASSISTANCE FOR STATES WITH 
                   ADVANCES.

       Section 1202(b)(10)(A) of the Social Security Act (42 
     U.S.C. 1322(b)(10)(A)) is amended by striking ``December 31, 
     2020'' and inserting ``March 14, 2021''.

     SEC. 222. EXTENSION OF FULL FEDERAL FUNDING OF EXTENDED 
                   UNEMPLOYMENT COMPENSATION.

       Section 4105 of the Families First Coronavirus Response Act 
     (26 U.S.C. 3304 note) is amended--
       (1) in subsection (a), by striking ``December 31, 2020'' 
     and inserting ``March 14, 2021''; and
       (2) in subsection (b), by striking ``ending on or before 
     December 31, 2020'' and inserting ``before March 14, 2021''.

          Subchapter III--Continued Assistance to Rail Workers

     SEC. 231. SHORT TITLE.

       This subchapter may be cited as the ``Continued Assistance 
     to Rail Workers Act of 2020''.

     SEC. 232. ADDITIONAL ENHANCED BENEFITS UNDER THE RAILROAD 
                   UNEMPLOYMENT INSURANCE ACT.

       (a) In General.--Section 2(a)(5)(A) of the Railroad 
     Unemployment Insurance Act (45 U.S.C. 352(a)(5)(A)) is 
     amended--
       (1) in the first sentence--
       (A) by inserting ``and for registration periods beginning 
     after December 26, 2020, but on or before March 14, 2021,'' 
     after ``July 31, 2020,'';
       (B) by striking ``in the amount of $1,200''; and
       (C) by striking ``July 1, 2019'' and inserting ``July 1, 
     2019, or July 1, 2020''; and
       (2) by adding at the end the following: ``For registration 
     periods beginning on or after April 1, 2020, but on or before 
     July 31, 2020, the recovery benefit payable under this 
     subparagraph shall be in the amount of $1,200. For 
     registration periods beginning after December 26, 2020, but 
     on or before March 14, 2021, the recovery benefit payable 
     under this subparagraph shall be in the amount of $600.''.
       (b) Clarification on Authority to Use Funds.--Funds 
     appropriated under subparagraph (B) of section 2(a)(5) of the 
     Railroad Unemployment Insurance Act (45 U.S.C. 352(a)(5)) 
     shall be available to cover the cost of recovery benefits 
     provided under such section 2(a)(5) by reason of the 
     amendments made by subsection (a) as well as to cover the 
     cost of such benefits provided under such section 2(a)(5) as 
     in effect on the day before the date of enactment of this 
     Act.

     SEC. 233. EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD 
                   UNEMPLOYMENT INSURANCE ACT.

       (a) In General.--Section 2(c)(2)(D) of the Railroad 
     Unemployment Insurance Act (45 U.S.C. 352(c)(2)(D)) is 
     amended--
       (1) in clause (i)--
       (A) in subclause (I), by striking ``130 days'' and 
     inserting ``185 days'';
       (B) in subclause (II), by striking ``13 consecutive 14-day 
     periods'' and inserting ``19 consecutive 14-day periods, 
     except that no extended benefit period shall end before 6 
     consecutive 14-day periods after the date of enactment of the 
     Continued Assistance for Unemployed Workers Act of 2020 have 
     elapsed'';
       (2) in clause (ii), by striking ``if such clause had not 
     been enacted.'' and inserting ``if such clause had not been 
     enacted and if--

       ``(A) subparagraph (A) were applied by substituting `120 
     days of unemployment' for `65 days of unemployment'; and
       ``(B) subparagraph (B) were applied by inserting `(or, in 
     the case of unemployment benefits, 12 consecutive 14-day 
     periods, except that no extended benefit period shall end 
     before 6 consecutive 14-day periods after the date of 
     enactment of the Continued Assistance for Unemployed Workers 
     Act of 2020 have elapsed)' after `7 consecutive 14-day 
     periods'.''; and

       (3) in clause (iii)--
       (A) by striking ``June 30, 2020'' and inserting ``June 30, 
     2021'';
       (B) by striking ``no extended benefit period under this 
     paragraph shall begin after December 31, 2020'' and inserting 
     ``the provisions of clauses (i) and (ii) shall not apply to 
     any employee whose extended benefit period under subparagraph 
     (B) begins after March 14, 2021, and

[[Page H7532]]

     shall not apply to any employee with respect to any 
     registration period beginning after April 5, 2021.''; and
       (C) by striking ``clause (iv)'' and inserting ``clause 
     (v)'';
       (4) by redesignating clause (iv) as clause (v); and
       (5) by inserting after clause (iii) the following:
       ``(iv) Treatment of certain calendar days.--No calendar day 
     occurring during the period beginning on the first date with 
     respect to which the employee has exhausted all rights to 
     extended unemployment benefits under this paragraph as in 
     effect on the day before the date of enactment of the 
     Continued Assistance for Unemployed Workers Act of 2020 and 
     ending with the date of such enactment may be treated as a 
     day of unemployment for purposes of the payment of extended 
     unemployment benefits under this paragraph.''.
       (b) Application.--The amendments made by subsection (a) 
     shall apply as if included in the enactment of the CARES Act 
     (15 U.S.C. 9001 et seq.).
       (c) Clarification on Authority to Use Fund.--Funds 
     appropriated under either the first or second sentence of 
     clause (v) of section 2(c)(2)(D) of the Railroad Unemployment 
     Insurance Act (as redesignated by subsection (a)(4)) shall be 
     available to cover the cost of additional extended 
     unemployment benefits provided under such section 2(c)(2)(D) 
     by reason of the amendments made by subsection (a) as well as 
     to cover the cost of such benefits provided under such 
     section 2(c)(2)(D) as in effect on the day before the date of 
     enactment of this Act.

     SEC. 234. EXTENSION OF WAIVER OF THE 7-DAY WAITING PERIOD FOR 
                   BENEFITS UNDER THE RAILROAD UNEMPLOYMENT 
                   INSURANCE ACT.

       (a) In General.--Section 2112(a) of the CARES Act (15 
     U.S.C. 9030(a)) is amended by striking ``December 31, 2020'' 
     and inserting ``March 14, 2021''.
       (b) Operating Instructions and Regulations.--The Railroad 
     Retirement Board may prescribe any operating instructions or 
     regulations necessary to carry out this section.
       (c) Clarification on Authority To Use Funds.--Funds 
     appropriated under section 2112(c) of the CARES Act (15 
     U.S.C. 9030(c)) shall be available to cover the cost of 
     additional benefits payable due to section 2112(a) of such 
     Act by reason of the amendments made by subsection (a) as 
     well as to cover the cost of such benefits payable due to 
     such section 2112(a) as in effect on the day before the date 
     of enactment of this Act.

     SEC. 235. TREATMENT OF PAYMENTS FROM THE RAILROAD 
                   UNEMPLOYMENT INSURANCE ACCOUNT.

       (a) In General.--Section 256(i)(1) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     906(i)(1)) is amended--
       (1) in subparagraph (B), by striking ``and'' at the end;
       (2) in subparagraph (C), by inserting ``and'' at the end; 
     and
       (3) by inserting after subparagraph (C) the following new 
     subparagraph:
       ``(D) any payment made from the Railroad Unemployment 
     Insurance Account (established by section 10 of the Railroad 
     Unemployment Insurance Act) for the purpose of carrying out 
     the Railroad Unemployment Insurance Act, and funds 
     appropriated or transferred to or otherwise deposited in such 
     Account,''.
       (b) Effective Date.--The treatment of payments made from 
     the Railroad Unemployment Insurance Account pursuant to the 
     amendment made by subsection (a)--
       (1) shall take effect 7 days after the date of the 
     enactment of this Act; and
       (2) shall apply only to obligations incurred during the 
     period beginning on the effective date described in paragraph 
     (1) and ending on the date that is 30 days after the date on 
     which the national emergency concerning the novel coronavirus 
     disease (COVID-19) outbreak declared by the President on 
     March 13, 2020, under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) terminates.
       (c) Sunset.--The amendments made by subsection (a) shall be 
     repealed on the date that is 30 days after the date on which 
     the national emergency concerning the novel coronavirus 
     disease (COVID-19) outbreak declared by the President on 
     March 13, 2020, under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) terminates.

  Subchapter IV--Improvements to Pandemic Unemployment Assistance to 
                      Strengthen Program Integrity

     SEC. 241. REQUIREMENT TO SUBSTANTIATE EMPLOYMENT OR SELF-
                   EMPLOYMENT AND WAGES EARNED OR PAID TO CONFIRM 
                   ELIGIBILITY FOR PANDEMIC UNEMPLOYMENT 
                   ASSISTANCE.

       (a) In General.--Section 2102(a)(3)(A) of the CARES Act (15 
     U.S.C. 9021(a)(3)(A)) is amended--
       (1) in clause (i), by striking ``and'' at the end;
       (2) by inserting after clause (ii) the following:
       ``(iii) provides documentation to substantiate employment 
     or self-employment or the planned commencement of employment 
     or self-employment not later than 21 days after the later of 
     the date on which the individual submits an application for 
     pandemic unemployment assistance under this section or the 
     date on which an individual is directed by the State Agency 
     to submit such documentation in accordance with section 
     625.6(e) of title 20, Code of Federal Regulations, or any 
     successor thereto, except that such deadline may be extended 
     if the individual has shown good cause under applicable State 
     law for failing to submit such documentation; and''.
       (b) Applicability.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     amendments made by subsection (a) shall apply to any 
     individual who files a new application for pandemic 
     unemployment assistance or claims pandemic unemployment 
     assistance for any week of unemployment under section 2102 of 
     the CARES Act (15 U.S.C. 9021) on or after January 31, 2021.
       (2) Special rule.--An individual who received pandemic 
     unemployment assistance under section 2102 of the CARES Act 
     (15 U.S.C. 9021) for any week ending before the date of 
     enactment of this Act shall not be considered ineligible for 
     such assistance for such week solely by reason of failure to 
     submit documentation described in clause (iii) of subsection 
     (a)(3)(A) of such section 2102, as added by subsection (a).
       (3) Prior applicants.--With respect to an individual who 
     applied for pandemic unemployment assistance under section 
     2102 of the CARES Act (15 U.S.C. 9021) before January 31, 
     2021, and receives such assistance on or after the date of 
     enactment of this Act, clause (iii) of subsection (a)(3)(A) 
     of such section shall be applied by substituting ``90 days'' 
     for ``21 days''.

     SEC. 242. REQUIREMENT FOR STATES TO VERIFY IDENTITY OF 
                   APPLICANTS FOR PANDEMIC UNEMPLOYMENT 
                   ASSISTANCE.

       (a) In General.--Section 2102(f) of the CARES Act (15 
     U.S.C. 9021(f)) is amended--
       (1) in paragraph (1), by inserting ``, including procedures 
     for identity verification or validation and for timely 
     payment, to the extent reasonable and practicable'' before 
     the period at the end; and
       (2) in paragraph (2)(B), by inserting ``and expenses 
     related to identity verification or validation and timely and 
     accurate payment'' before the period at the end.
       (b) Applicability.--The requirements imposed by the 
     amendments made by this section shall apply, with respect to 
     agreements made under section 2102 of the CARES Act, 
     beginning on the date that is 30 days after the date of 
     enactment of this Act.

           Subchapter V--Return to Work Reporting Requirement

     SEC. 251. RETURN TO WORK REPORTING FOR CARES ACT AGREEMENTS.

       (a) In General.--Subtitle A of title II of division A of 
     the CARES Act (Public Law 116-136) is amended by adding at 
     the end the following:

     ``SEC. 2117. RETURN TO WORK REPORTING.

       ``Each State participating in an agreement under any of the 
     preceding sections of this subtitle shall have in effect a 
     method to address any circumstances in which, during any 
     period during which such agreement is in effect, claimants of 
     unemployment compensation refuse to return to work or to 
     accept an offer of suitable work without good cause. Such 
     method shall include the following:
       ``(1) A reporting method for employers, such as through a 
     phone line, email, or online portal, to notify the State 
     agency when an individual refuses an offer of employment.
       ``(2) A plain-language notice provided to such claimants 
     about State return to work laws, rights to refuse to return 
     to work or to refuse suitable work, including what 
     constitutes suitable work, and a claimant's right to refuse 
     work that poses a risk to the claimant's health or safety, 
     and information on contesting the denial of a claim that has 
     been denied due to a report by an employer that the claimant 
     refused to return to work or refused suitable work.''.
       (b) Effective Date.--The requirements imposed by this 
     section shall take effect 30 days from the date of enactment 
     of this Act.

   Subchapter VI--Other Related Provisions and Technical Corrections

     SECTION 261. MIXED EARNER UNEMPLOYMENT COMPENSATION.

       (a) In General.--Section 2104(b) of the CARES Act (15 
     U.S.C. 9023(b)(1)), as amended by section 1103, is further 
     amended--
       (1) in paragraph (1)--
       (A) in subparagraph (B), by striking the period at the end 
     and inserting ``, plus''; and
       (B) by adding at the end the following:
       ``(C) an additional amount of $100 (in this section 
     referred to as `Mixed Earner Unemployment Compensation') in 
     any case in which the individual received at least $5,000 of 
     self-employment income (as defined in section 1402(b) of the 
     Internal Revenue Code of 1986) in the most recent taxable 
     year ending prior to the individual's application for regular 
     compensation.''; and
       (2) by adding at the end the following:
       ``(4) Certain documentation required.--An agreement under 
     this section shall include a requirement, similar to the 
     requirement under section 2102(a)(3)(A)(iii), for the 
     substantiation of self-employment income with respect to each 
     applicant for Mixed Earner Unemployment Compensation under 
     paragraph (1)(C).''.
       (b) Conforming Amendments.--
       (1) Federal pandemic unemployment compensation.--Section 
     2104 of such Act is amended--
       (A) by inserting ``or Mixed Earner Unemployment 
     Compensation'' after ``Federal Pandemic Unemployment 
     Compensation'' each place such term appears in subsection 
     (b)(2), (c), or (f) of such section;
       (B) in subsection (d), by inserting ``and Mixed Earner 
     Unemployment Compensation'' after ``Federal Pandemic 
     Unemployment Compensation''; and
       (C) in subsection (g), by striking ``provide that'' and all 
     that follows through the end and inserting ``provide that--
       ``(1) the purposes of the preceding provisions of this 
     section, as such provisions apply with respect to Federal 
     Pandemic Unemployment Compensation, shall be applied with 
     respect to unemployment benefits described in subsection 
     (i)(2) to the same extent and in the same manner as if those 
     benefits were regular compensation; and

[[Page H7533]]

       ``(2) the purposes of the preceding provisions of this 
     section, as such provisions apply with respect to Mixed 
     Earner Unemployment Compensation, shall be applied with 
     respect to unemployment benefits described in subparagraph 
     (A), (B), (D), or (E) of subsection (i)(2) to the same extent 
     and in the same manner as if those benefits were regular 
     compensation.''.
       (2) Pandemic emergency unemployment compensation.--Section 
     2107(a)(4)(A) of such Act is amended--
       (A) in clause (i), by striking ``and'';
       (B) in clause (ii), by striking ``section 2104;'' and 
     inserting ``section 2104(b)(1)(B); and''; and
       (C) by adding at the end the following:
       ``(iii) the amount (if any) of Mixed Earner Unemployment 
     Compensation under section 2104(b)(1)(C);''.
       (c) State's Right of Non-participation.--Any State 
     participating in an agreement under section 2104 of the CARES 
     Act may elect to continue paying Federal Pandemic 
     Unemployment Compensation under such agreement without 
     providing Mixed Earner Unemployment Compensation pursuant to 
     the amendments made by this section. Such amendments shall 
     apply with respect to such a State only if the State so 
     elects, in which case such amendments shall apply with 
     respect to weeks of unemployment beginning on or after the 
     later of the date of such election or the date of enactment 
     of this section.

     SEC. 262. LOST WAGES ASSISTANCE RECOUPMENT FAIRNESS.

       (a) Definitions.--In this section--
       (1) the term ``covered assistance'' means assistance 
     provided for supplemental lost wages payments under 
     subsections (e)(2) and (f) of section 408 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5174), as authorized under the emergency declaration 
     issued by the President on March 13, 2020, pursuant to 
     section 501(b) of such Act (42 U.S.C. 5191(b)) and under any 
     subsequent major disaster declaration under section 401 of 
     such Act (42 U.S.C. 5170) that supersedes such emergency 
     declaration; and
       (2) the term ``State'' has the meaning given the term in 
     section 102 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5122).
       (b) Waiver Authority for State Liability.--In the case of 
     any individual who has received amounts of covered assistance 
     to which the individual is not entitled, the State shall 
     require the individual to repay the amounts of such 
     assistance to the State agency, except that the State agency 
     may waive such repayment if the State agency determines 
     that--
       (1) the payment of such covered assistance was without 
     fault on the part of the individual; and
       (2) such repayment would be contrary to equity and good 
     conscience.
       (c) Waiver Authority for Federal Liability.--Any waiver of 
     debt issued by a State under subsection (b) shall also waive 
     the debt owed to the United States.
       (d) Reporting.--
       (1) State reporting.--If a State issues a waiver of debt 
     under subsection (b), the State shall report such waiver to 
     the Administrator of the Federal Emergency Management Agency.
       (2) OIG reporting.--Not later than 6 months after the date 
     of enactment of this Act, the Inspector General of the 
     Department of Homeland Security shall submit a report that 
     assesses the efforts of the States to waive recoupment 
     related to lost wages assistance under section 408 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5174) to--
       (A) the Committee on Homeland Security and Governmental 
     Affairs, the Committee on Finance, and the Subcommittee on 
     Homeland Security of the Committee on Appropriations of the 
     Senate; and
       (B) the Committee on Transportation and Infrastructure, 
     Committee on Ways and Means, and the Subcommittee on Homeland 
     Security of the Committee on Appropriations of the House of 
     Representatives.

     SEC. 263. CONTINUING ELIGIBILITY FOR CERTAIN RECIPIENTS OF 
                   PANDEMIC UNEMPLOYMENT ASSISTANCE.

       (a) In General.--Section 2102(c) of the CARES Act (15 
     U.S.C. 9021(c)), as amended by section 201, is further 
     amended by adding at the end the following:
       ``(6) Continued eligibility for assistance.--As a condition 
     of continued eligibility for assistance under this section, a 
     covered individual shall submit a recertification to the 
     State for each week after the individual's 1st week of 
     eligibility that certifies that the individual remains an 
     individual described in subsection (a)(3)(A)(ii) for such 
     week.''.
       (b) Effective Date; Special Rule.--
       (1) In general.--The amendment made by subsection (a) shall 
     apply with respect to weeks beginning on or after the date 
     that is 30 days after the date of enactment of this section.
       (2) Special rule.--In the case of any State that made a 
     good faith effort to implement section 2102 of division A of 
     the CARES Act (15 U.S.C. 9021) in accordance with rules 
     similar to those provided in section 625.6 of title 20, Code 
     of Federal Regulations, for weeks ending before the effective 
     date specified in paragraph (1), an individual who received 
     pandemic unemployment assistance from such State for any such 
     week shall not be considered ineligible for such assistance 
     for such week solely by reason of failure to submit a 
     recertification described in subsection (c)(5) of such 
     section 2102.

     SEC. 264. TECHNICAL CORRECTION FOR NONPROFIT ORGANIZATIONS 
                   CLASSIFIED AS FEDERAL TRUST INSTRUMENTALITIES.

       (a) In General.--Section 903(i)(1) of the Social Security 
     Act (42 U.S.C. 1103(i)(1)) is amended--
       (1) in subparagraph (B), in the first sentence, by 
     inserting ``and to service provided by employees of an entity 
     created by Public Law 85-874 (20 U.S.C. 76h et seq.)'' after 
     ``of such Code applies''; and
       (2) in subparagraph (C), by inserting ``or an entity 
     created by Public Law 85-874 (20 U.S.C. 76h et seq.)'' before 
     the period at the end.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of section 
     2103 of the CARES Act (Public Law 116-136).

     SEC. 265. TECHNICAL CORRECTION FOR THE COMMONWEALTH OF 
                   NORTHERN MARIANA ISLANDS.

       A Commonwealth Only Transitional Worker (as defined in 
     section 6(i)(2) of the Joint Resolution entitled ``A Joint 
     Resolution to approve the `Covenant To Establish a 
     Commonwealth of the Northern Mariana Islands in Political 
     Union with the United States of America', and for other 
     purposes'' (48 U.S.C. 1806)) shall be considered a qualified 
     alien under section 431 of Public Law 104-193 (8 U.S.C. 1641) 
     for purposes of eligibility for a benefit under section 2102 
     or 2104 of the CARES Act.

     SEC. 266. WAIVER TO PRESERVE ACCESS TO EXTENDED BENEFITS IN 
                   HIGH UNEMPLOYMENT STATES.

       (a) In General.--For purposes of determining the beginning 
     of an extended benefit period (or a high unemployment period) 
     under the Federal-State Extended Unemployment Compensation 
     Act of 1970 (26 U.S.C. 3304 note) during the period beginning 
     on November 1, 2020, and ending December 31, 2021, section 
     203 of such Act may be applied without regard to subsection 
     (b)(1)(B) of such section.
       (b) Rulemaking Authority; Technical Assistance.--The 
     Secretary of Labor shall issue such rules or other guidance 
     as the Secretary determines may be necessary for the 
     implementation of subsection (a), and shall provide technical 
     assistance to States as needed to facilitate such 
     implementation.

            Subtitle B--COVID-related Tax Relief Act of 2020

     SEC. 271. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This subtitle may be cited as the 
     ``COVID-related Tax Relief Act of 2020''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 271. Short title; table of contents.
Sec. 272. Additional 2020 recovery rebates for individuals.
Sec. 273. Amendments to recovery rebates under the CARES Act.
Sec. 274. Extension of certain deferred payroll taxes.
Sec. 275. Regulations or guidance clarifying application of educator 
              expense tax deduction.
Sec. 276. Clarification of tax treatment of forgiveness of covered 
              loans.
Sec. 277. Emergency financial aid grants.
Sec. 278. Clarification of tax treatment of certain loan forgiveness 
              and other business financial assistance under the CARES 
              Act.
Sec. 279. Authority to waive certain information reporting 
              requirements.
Sec. 280. Application of special rules to money purchase pension plans.
Sec. 281. Election to waive application of certain modifications to 
              farming losses.
Sec. 282. Oversight and audit reporting.
Sec. 283. Disclosures to identify tax receivables not eligible for 
              collection pursuant to qualified tax collection 
              contracts.
Sec. 284. Modification of certain protections for taxpayer return 
              information.
Sec. 285. 2020 election to terminate transfer period for qualified 
              transfers from pension plan for covering future retiree 
              costs.
Sec. 286. Extension of credits for paid sick and family leave.
Sec. 287. Election to use prior year net earnings from self-employment 
              in determining average daily self-employment income for 
              purposes of credits for paid sick and family leave.
Sec. 288. Certain technical improvements to credits for paid sick and 
              family leave.

     SEC. 272. ADDITIONAL 2020 RECOVERY REBATES FOR INDIVIDUALS.

       (a) In General.--Subchapter B of chapter 65 of subtitle F 
     is amended by inserting after section 6428 the following new 
     section:

     ``SEC. 6428A. ADDITIONAL 2020 RECOVERY REBATES FOR 
                   INDIVIDUALS.

       ``(a) In General.--In addition to the credit allowed under 
     section 6428, in the case of an eligible individual, there 
     shall be allowed as a credit against the tax imposed by 
     subtitle A for the first taxable year beginning in 2020 an 
     amount equal to the sum of--
       ``(1) $600 ( $1,200 in the case of eligible individuals 
     filing a joint return), plus
       ``(2) an amount equal to the product of $600 multiplied by 
     the number of qualifying children (within the meaning of 
     section 24(c)) of the taxpayer.
       ``(b) Treatment of Credit.--The credit allowed by 
     subsection (a) shall be treated as allowed by subpart C of 
     part IV of subchapter A of chapter 1.
       ``(c) Limitation Based on Adjusted Gross Income.--The 
     amount of the credit allowed by subsection (a) (determined 
     without regard to this subsection and subsection (e)) shall 
     be reduced (but not below zero) by 5 percent of so

[[Page H7534]]

     much of the taxpayer's adjusted gross income as exceeds--
       ``(1) $150,000 in the case of a joint return or a surviving 
     spouse (as defined in section 2(a)),
       ``(2) $112,500 in the case of a head of household (as 
     defined in section 2(b)), and
       ``(3) $75,000 in the case of a taxpayer not described in 
     paragraph (1) or (2).
       ``(d) Eligible Individual.--For purposes of this section, 
     the term `eligible individual' means any individual other 
     than--
       ``(1) any nonresident alien individual,
       ``(2) any individual with respect to whom a deduction under 
     section 151 is allowable to another taxpayer for a taxable 
     year beginning in the calendar year in which the individual's 
     taxable year begins, and
       ``(3) an estate or trust.
       ``(e) Coordination With Advance Refunds of Credit.--
       ``(1) In general.--The amount of the credit which would 
     (but for this paragraph) be allowable under this section 
     shall be reduced (but not below zero) by the aggregate 
     refunds and credits made or allowed to the taxpayer under 
     subsection (f). Any failure to so reduce the credit shall be 
     treated as arising out of a mathematical or clerical error 
     and assessed according to section 6213(b)(1).
       ``(2) Joint returns.--Except as otherwise provided by the 
     Secretary, in the case of a refund or credit made or allowed 
     under subsection (f) with respect to a joint return, half of 
     such refund or credit shall be treated as having been made or 
     allowed to each individual filing such return.
       ``(f) Advance Refunds and Credits.--
       ``(1) In general.--Each individual who was an eligible 
     individual for such individual's first taxable year beginning 
     in 2019 shall be treated as having made a payment against the 
     tax imposed by chapter 1 for such taxable year in an amount 
     equal to the advance refund amount for such taxable year.
       ``(2) Advance refund amount.--For purposes of paragraph 
     (1), the advance refund amount is the amount that would have 
     been allowed as a credit under this section for such taxable 
     year if this section (other than subsection (e) and this 
     subsection) had applied to such taxable year. For purposes of 
     determining the advance refund amount with respect to such 
     taxable year--
       ``(A) any individual who was deceased before January 1, 
     2020, shall be treated for purposes of applying subsection 
     (g) in the same manner as if the valid identification number 
     of such person was not included on the return of tax for such 
     taxable year, and
       ``(B) no amount shall be determined under this subsection 
     with respect to any qualifying child of the taxpayer if--
       ``(i) the taxpayer was deceased before January 1, 2020, or
       ``(ii) in the case of a joint return, both taxpayers were 
     deceased before January 1, 2020.
       ``(3) Timing and manner of payments.--
       ``(A) Timing.--
       ``(i) In general.--The Secretary shall, subject to the 
     provisions of this title, refund or credit any overpayment 
     attributable to this subsection as rapidly as possible.
       ``(ii) Deadline.--

       ``(I) In general.--Except as provided in subclause (II), no 
     refund or credit shall be made or allowed under this 
     subsection after January 15, 2021.
       ``(II) Exception for mirror code possessions.--In the case 
     of a possession of the United States which has a mirror code 
     tax system (as such terms are defined in section 272(c) of 
     the COVID-related Tax Relief Act of 2020), no refund or 
     credit shall be made or allowed under this subsection after 
     the earlier of--

       ``(aa) such date as is determined appropriate by the 
     Secretary, or
       ``(bb) September 30, 2021.
       ``(B) Delivery of payments.--Notwithstanding any other 
     provision of law, the Secretary may certify and disburse 
     refunds payable under this subsection electronically to--
       ``(i) any account to which the payee authorized, on or 
     after January 1, 2019, the delivery of a refund of taxes 
     under this title or of a Federal payment (as defined in 
     section 3332 of title 31, United States Code),
       ``(ii) any account belonging to a payee from which that 
     individual, on or after January 1, 2019, made a payment of 
     taxes under this title, or
       ``(iii) any Treasury-sponsored account (as defined in 
     section 208.2 of title 31, Code of Federal Regulations).
       ``(C) Waiver of certain rules.--Notwithstanding section 
     3325 of title 31, United States Code, or any other provision 
     of law, with respect to any payment of a refund under this 
     subsection, a disbursing official in the executive branch of 
     the United States Government may modify payment information 
     received from an officer or employee described in section 
     3325(a)(1)(B) of such title for the purpose of facilitating 
     the accurate and efficient delivery of such payment. Except 
     in cases of fraud or reckless neglect, no liability under 
     sections 3325, 3527, 3528, or 3529 of title 31, United States 
     Code, shall be imposed with respect to payments made under 
     this subparagraph.
       ``(4) No interest.--No interest shall be allowed on any 
     overpayment attributable to this subsection.
       ``(5) Application to certain individuals who do not file a 
     return of tax for 2019.--
       ``(A) In general.--In the case of a specified individual 
     who, at the time of any determination made pursuant to 
     paragraph (3), has not filed a tax return for the year 
     described in paragraph (1), the Secretary may use information 
     with respect to such individual which is provided by--
       ``(i) in the case of a specified social security 
     beneficiary or a specified supplemental security income 
     recipient, the Commissioner of Social Security,
       ``(ii) in the case of a specified railroad retirement 
     beneficiary, the Railroad Retirement Board, and
       ``(iii) in the case of a specified veterans beneficiary, 
     the Secretary of Veterans Affairs (in coordination with, and 
     with the assistance of, the Commissioner of Social Security 
     if appropriate).
       ``(B) Specified individual.--For purposes of this 
     paragraph, the term `specified individual' means any 
     individual who is--
       ``(i) a specified social security beneficiary,
       ``(ii) a specified supplemental security income recipient,
       ``(iii) a specified railroad retirement beneficiary, or
       ``(iv) a specified veterans beneficiary.
       ``(C) Specified social security beneficiary.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `specified social security beneficiary' means any individual 
     who, for the last month for which the Secretary has available 
     information as of the date of enactment of this section, is 
     entitled to any monthly insurance benefit payable under title 
     II of the Social Security Act (42 U.S.C. 401 et seq.), 
     including payments made pursuant to sections 202(d), 223(g), 
     and 223(i)(7) of such Act.
       ``(ii) Exception.--For purposes of this paragraph, the term 
     `specified social security beneficiary' shall not include any 
     individual if such benefit is not payable for such month by 
     reason of section 202(x)(1)(A) of the Social Security Act (42 
     U.S.C. 402(x)(1)(A)) or section 1129A of such Act (42 U.S.C. 
     1320a-8a).
       ``(D) Specified supplemental security income recipient.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `specified supplemental security income recipient' means any 
     individual who, for the last month for which the Secretary 
     has available information as of the date of enactment of this 
     section, is eligible for a monthly benefit payable under 
     title XVI of the Social Security Act (42 U.S.C. 1381 et 
     seq.), including--

       ``(I) payments made pursuant to section 1614(a)(3)(C) of 
     such Act (42 U.S.C. 1382c(a)(3)(C)),
       ``(II) payments made pursuant to section 1619(a) (42 U.S.C. 
     1382h(a)) or subsections (a)(4), (a)(7), or (p)(7) of section 
     1631 (42 U.S.C. 1383) of such Act, and
       ``(III) State supplementary payments of the type referred 
     to in section 1616(a) of such Act (42 U.S.C. 1382e(a)) (or 
     payments of the type described in section 212(a) of Public 
     Law 93-66) which are paid by the Commissioner under an 
     agreement referred to in such section 1616(a) (or section 
     212(a) of Public Law 93-66).

       ``(ii) Exception.--For purposes of this paragraph, the term 
     `specified supplemental security income recipient' shall not 
     include any individual if such monthly benefit is not payable 
     for such month by reason of section 1611(e)(1)(A) of the 
     Social Security Act (42 U.S.C. 1382(e)(1)(A)) or section 
     1129A of such Act (42 U.S.C. 1320a-8a).
       ``(E) Specified railroad retirement beneficiary.--For 
     purposes of this paragraph, the term `specified railroad 
     retirement beneficiary' means any individual who, for the 
     last month for which the Secretary has available information 
     as of the date of enactment of this section, is entitled to a 
     monthly annuity or pension payment payable (without regard to 
     section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 
     U.S.C. 231d(a)(ii))) under--
       ``(i) section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1)),
       ``(ii) section 2(c) of such Act (45 U.S.C. 231a(c)),
       ``(iii) section 2(d)(1) of such Act (45 U.S.C. 231a(d)(1)), 
     or
       ``(iv) section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) 
     with respect to any of the benefit payments described in 
     subparagraph (C)(i).
       ``(F) Specified veterans beneficiary.--
       ``(i) In general.--For purposes of this paragraph, the term 
     `specified veterans beneficiary' means any individual who, 
     for the last month for which the Secretary has available 
     information as of the date of enactment of this section, is 
     entitled to a compensation or pension payment payable under--

       ``(I) section 1110, 1117, 1121, 1131, 1141, or 1151 of 
     title 38, United States Code,
       ``(II) section 1310, 1312, 1313, 1315, 1316, or 1318 of 
     title 38, United States Code,
       ``(III) section 1513, 1521, 1533, 1536, 1537, 1541, 1542, 
     or 1562 of title 38, United States Code, or
       ``(IV) section 1805, 1815, or 1821 of title 38, United 
     States Code,

     to a veteran, surviving spouse, child, or parent as described 
     in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, 
     title 38, United States Code.
       ``(ii) Exception.--For purposes of this paragraph, the term 
     `specified veterans beneficiary' shall not include any 
     individual if such compensation or pension payment is not 
     payable, or was reduced, for such month by reason of section 
     1505 or 5313 of title 38, United States Code.
       ``(G) Subsequent determinations and redeterminations not 
     taken into account.--For purposes of this section, any 
     individual's status as a specified social security 
     beneficiary, a specified supplemental security income 
     recipient, a specified railroad retirement beneficiary, or a 
     specified veterans beneficiary shall be unaffected by any 
     determination or redetermination of any entitlement to, or 
     eligibility for, any benefit, payment, or compensation, if 
     such determination or redetermination occurs after the last 
     month for which the Secretary has available information as of 
     the date of enactment of this section.
       ``(H) Payment to representative payees and fiduciaries.--
       ``(i) In general.--If the benefit, payment, or compensation 
     referred to in subparagraph (C)(i), (D)(i), (E), or (F)(i) 
     with respect to any specified individual is paid to a 
     representative

[[Page H7535]]

     payee or fiduciary, payment by the Secretary under paragraph 
     (3) with respect to such specified individual shall be made 
     to such individual's representative payee or fiduciary and 
     the entire payment shall be used only for the benefit of the 
     individual who is entitled to the payment.
       ``(ii) Application of enforcement provisions.--

       ``(I) In the case of a payment described in clause (i) 
     which is made with respect to a specified social security 
     beneficiary or a specified supplemental security income 
     recipient, section 1129(a)(3) of the Social Security Act (42 
     U.S.C. 1320a-8(a)(3)) shall apply to such payment in the same 
     manner as such section applies to a payment under title II or 
     XVI of such Act.
       ``(II) In the case of a payment described in clause (i) 
     which is made with respect to a specified railroad retirement 
     beneficiary, section 13 of the Railroad Retirement Act (45 
     U.S.C. 231l) shall apply to such payment in the same manner 
     as such section applies to a payment under such Act.
       ``(III) In the case of a payment described in clause (i) 
     which is made with respect to a specified veterans 
     beneficiary, sections 5502, 6106, and 6108 of title 38, 
     United States Code, shall apply to such payment in the same 
     manner as such sections apply to a payment under such title.

       ``(I) Ineligibility for special rule not to be interpreted 
     as general ineligibility.--An individual shall not fail to be 
     treated as an eligible individual for purposes of this 
     subsection or subsection (a) merely because such individual 
     is not a specified individual (including by reason of 
     subparagraph (C)(ii), (D)(ii), or (F)(ii)).
       ``(6) Notice to taxpayer.--As soon as practicable after the 
     date on which the Secretary distributed any payment to an 
     eligible taxpayer pursuant to this subsection, the Secretary 
     shall send notice by mail to such taxpayer's last known 
     address. Such notice shall indicate the method by which such 
     payment was made, the amount of such payment, and a phone 
     number for the appropriate point of contact at the Internal 
     Revenue Service to report any failure to receive such 
     payment.
       ``(g) Identification Number Requirement.--
       ``(1) In general.--In the case of a return other than a 
     joint return, the $600 amount in subsection (a)(1) shall be 
     treated as being zero unless the taxpayer includes the valid 
     identification number of the taxpayer on the return of tax 
     for the taxable year.
       ``(2) Joint returns.--In the case of a joint return, the 
     $1,200 amount in subsection (a)(1) shall be treated as 
     being--
       ``(A) $600 if the valid identification number of only 1 
     spouse is included on the return of tax for the taxable year, 
     and
       ``(B) zero if the valid identification number of neither 
     spouse is so included.
       ``(3) Qualifying child.--A qualifying child of a taxpayer 
     shall not be taken into account under subsection (a)(2) 
     unless--
       ``(A) the taxpayer includes the valid identification number 
     of such taxpayer (or, in the case of a joint return, the 
     valid identification number of at least 1 spouse) on the 
     return of tax for the taxable year, and
       ``(B) the valid identification number of such qualifying 
     child is included on the return of tax for the taxable year.
       ``(4) Valid identification number.--
       ``(A) In general.--For purposes of this subsection, the 
     term `valid identification number' means a social security 
     number (as such term is defined in section 24(h)(7)).
       ``(B) Adoption taxpayer identification number.--For 
     purposes of paragraph (3)(B), in the case of a qualifying 
     child who is adopted or placed for adoption, the term `valid 
     identification number' shall include the adoption taxpayer 
     identification number of such child.
       ``(5) Special rule for members of the armed forces.--
     Paragraph (2) shall not apply in the case where at least 1 
     spouse was a member of the Armed Forces of the United States 
     at any time during the taxable year and the valid 
     identification number of at least 1 spouse is included on the 
     return of tax for the taxable year.
       ``(6) Coordination with certain advance payments.--In the 
     case of any payment under subsection (f) which is based on 
     information provided under paragraph (5) of such subsection, 
     a valid identification number shall be treated for purposes 
     of this subsection as included on the taxpayer's return of 
     tax if such valid identification number is provided pursuant 
     to subsection (f)(5).
       ``(7) Mathematical or clerical error authority.--Any 
     omission of a correct valid identification number required 
     under this subsection shall be treated as a mathematical or 
     clerical error for purposes of applying section 6213(g)(2) to 
     such omission.
       ``(h) Regulations.--The Secretary shall prescribe such 
     regulations or other guidance as may be necessary to carry 
     out the purposes of this section, including any such measures 
     as are deemed appropriate to avoid allowing multiple credits 
     or rebates to a taxpayer.''.
       (b) Administrative Amendments.--
       (1) Definition of deficiency.--Section 6211(b)(4)(A) is 
     amended by striking ``and 6428'' and inserting ``6428, and 
     6428A''.
       (2) Mathematical or clerical error authority.--Section 
     6213(g)(2)(L) is amended by striking ``or 6428'' and 
     inserting ``6428, or 6428A''.
       (c) Treatment of Possessions.--
       (1) Payments to possessions.--
       (A) Mirror code possession.--The Secretary of the Treasury 
     shall pay to each possession of the United States which has a 
     mirror code tax system amounts equal to the loss (if any) to 
     that possession by reason of the amendments made by this 
     section. Such amounts shall be determined by the Secretary of 
     the Treasury based on information provided by the government 
     of the respective possession.
       (B) Other possessions.--The Secretary of the Treasury shall 
     pay to each possession of the United States which does not 
     have a mirror code tax system amounts estimated by the 
     Secretary of the Treasury as being equal to the aggregate 
     benefits (if any) that would have been provided to residents 
     of such possession by reason of the amendments made by this 
     section if a mirror code tax system had been in effect in 
     such possession. The preceding sentence shall not apply 
     unless the respective possession has a plan, which has been 
     approved by the Secretary of the Treasury, under which such 
     possession will promptly distribute such payments to its 
     residents.
       (2) Coordination with credit allowed against united states 
     income taxes.--No credit shall be allowed against United 
     States income taxes under section 6428A of the Internal 
     Revenue Code of 1986 (as added by this section) to any 
     person--
       (A) to whom a credit is allowed against taxes imposed by 
     the possession by reason of the amendments made by this 
     section, or
       (B) who is eligible for a payment under a plan described in 
     paragraph (1)(B).
       (3) Definitions and special rules.--
       (A) Possession of the united states.--For purposes of this 
     subsection, the term ``possession of the United States'' 
     includes the Commonwealth of Puerto Rico and the Commonwealth 
     of the Northern Mariana Islands.
       (B) Mirror code tax system.--For purposes of this 
     subsection, the term ``mirror code tax system'' means, with 
     respect to any possession of the United States, the income 
     tax system of such possession if the income tax liability of 
     the residents of such possession under such system is 
     determined by reference to the income tax laws of the United 
     States as if such possession were the United States.
       (C) Treatment of payments.--For purposes of section 1324 of 
     title 31, United States Code, the payments under this 
     subsection shall be treated in the same manner as a refund 
     due from a credit provision referred to in subsection (b)(2) 
     of such section.
       (d) Administrative Provisions.--
       (1) Exception from reduction or offset.--Any refund payable 
     by reason of section 6428A(f) of the Internal Revenue Code of 
     1986 (as added by this section), or any such refund payable 
     by reason of subsection (c) of this section, shall not be--
       (A) subject to reduction or offset pursuant to section 3716 
     or 3720A of title 31, United States Code,
       (B) subject to reduction or offset pursuant to subsection 
     (c), (d), (e), or (f) of section 6402 of the Internal Revenue 
     Code of 1986, or
       (C) reduced or offset by other assessed Federal taxes that 
     would otherwise be subject to levy or collection.
       (2) Assignment of benefits.--
       (A) In general.--The right of any person to any applicable 
     payment shall not be transferable or assignable, at law or in 
     equity, and no applicable payment shall be subject to, 
     execution, levy, attachment, garnishment, or other legal 
     process, or the operation of any bankruptcy or insolvency 
     law.
       (B) Encoding of payments.--In the case of an applicable 
     payment described in subparagraph (E)(iii)(I) that is paid 
     electronically by direct deposit through the Automated 
     Clearing House (ACH) network, the Secretary of the Treasury 
     (or the Secretary's delegate) shall--
       (i) issue the payment using a unique identifier that is 
     reasonably sufficient to allow a financial institution to 
     identify the payment as an applicable payment, and
       (ii) further encode the payment pursuant to the same 
     specifications as required for a benefit payment defined in 
     section 212.3 of title 31, Code of Federal Regulations.
       (C) Garnishment.--
       (i) Encoded payments.--In the case of a garnishment order 
     that applies to an account that has received an applicable 
     payment that is encoded as provided in subparagraph (B), a 
     financial institution shall follow the requirements and 
     procedures set forth in part 212 of title 31, Code of Federal 
     Regulations, except--

       (I) notwithstanding section 212.4 of title 31, Code of 
     Federal Regulations (and except as provided in subclause 
     (II)), a financial institution shall not fail to follow the 
     procedures of sections 212.5 and 212.6 of such title with 
     respect to a garnishment order merely because such order has 
     attached, or includes, a notice of right to garnish federal 
     benefits issued by a State child support enforcement agency, 
     and
       (II) a financial institution shall not, with regard to any 
     applicable payment, be required to provide the notice 
     referenced in sections 212.6 and 212.7 of title 31, Code of 
     Federal Regulations.

       (ii) Other payments.--In the case of a garnishment order 
     (other than an order that has been served by the United 
     States) that has been received by a financial institution and 
     that applies to an account into which an applicable payment 
     that has not been encoded as provided in subparagraph (B) has 
     been deposited electronically on any date during the lookback 
     period or into which an applicable payment that has been 
     deposited by check on any date in the lookback period, the 
     financial institution, upon the request of the account 
     holder, shall treat the amount of the funds in the account at 
     the time of the request, up to the amount of the applicable 
     payment (in addition to any amounts otherwise protected under 
     part 212 of title 31, Code of Federal Regulations), as exempt 
     from a garnishment order without requiring the consent of the 
     party serving the garnishment order or the judgment creditor.
       (iii) Liability.--A financial institution that acts in good 
     faith in reliance on clauses (i) or (ii) shall not be subject 
     to liability or regulatory

[[Page H7536]]

     action under any Federal or State law, regulation, court or 
     other order, or regulatory interpretation for actions 
     concerning any applicable payments.
       (D) No reclamation rights.--This paragraph shall not alter 
     the status of applicable payments as tax refunds or other 
     nonbenefit payments for purpose of any reclamation rights of 
     the Department of the Treasury or the Internal Revenue 
     Service as per part 210 of title 31, Code of Federal 
     Regulations.
       (E) Definitions.--For purposes of this paragraph--
       (i) Account holder.--The term ``account holder'' means a 
     natural person whose name appears in a financial 
     institution's records as the direct or beneficial owner of an 
     account.
       (ii) Account review.--The term ``account review'' means the 
     process of examining deposits in an account to determine if 
     an applicable payment has been deposited into the account 
     during the lookback period. The financial institution shall 
     perform the account review following the procedures outlined 
     in section 212.5 of title 31, Code of Federal Regulations and 
     in accordance with the requirements of section 212.6 of title 
     31, Code of Federal Regulations.
       (iii) Applicable payment.--The term ``applicable payment'' 
     means--

       (I) any advance refund amount paid pursuant to section 
     6428A(f) of Internal Revenue Code of 1986 (as added by this 
     section),
       (II) any payment made by a possession of the United States 
     with a mirror code tax system (as defined in subsection (c) 
     of this section) pursuant to such subsection which 
     corresponds to a payment described in subclause (I), and
       (III) any payment made by a possession of the United States 
     without a mirror code tax system (as so defined) pursuant to 
     subsection (c) of this section.

       (iv) Garnishment.--The term ``garnishment'' means 
     execution, levy, attachment, garnishment, or other legal 
     process.
       (v) Garnishment order.--The term ``garnishment order'' 
     means a writ, order, notice, summons, judgment, levy, or 
     similar written instruction issued by a court, a State or 
     State agency, a municipality or municipal corporation, or a 
     State child support enforcement agency, including a lien 
     arising by operation of law for overdue child support or an 
     order to freeze the assets in an account, to effect a 
     garnishment against a debtor.
       (vi) Lookback period.--The term ``lookback period'' means 
     the two month period that begins on the date preceding the 
     date of account review and ends on the corresponding date of 
     the month two months earlier, or on the last date of the 
     month two months earlier if the corresponding date does not 
     exist.
       (3) Agency information sharing and assistance.--
       (A) In general.--The Commissioner of Social Security, the 
     Railroad Retirement Board, and the Secretary of Veterans 
     Affairs shall each provide the Secretary of the Treasury (or 
     the Secretary's delegate) such information and assistance as 
     the Secretary of the Treasury (or the Secretary's delegate) 
     may require for purposes of--
       (i) making payments under section 6428A(f) of the Internal 
     Revenue Code of 1986 to individuals described in paragraph 
     (5)(A) thereof, or
       (ii) providing administrative assistance to a possession of 
     the United States (as defined in subsection (c)(3)(A)) to 
     allow such possession to promptly distribute payments under 
     subsection (c) to its residents.
       (B) Exchange of information with possessions.--Any 
     information provided to the Secretary of the Treasury (or the 
     Secretary's delegate) pursuant to subparagraph (A)(ii) may be 
     exchanged with a possession of the United States in 
     accordance with the applicable tax coordination agreement for 
     information exchange and administrative assistance that the 
     Internal Revenue Service has agreed to with such possession.
       (e) Public Awareness Campaign.--The Secretary of the 
     Treasury (or the Secretary's delegate) shall conduct a public 
     awareness campaign, in coordination with the Commissioner of 
     Social Security and the heads of other relevant Federal 
     agencies, to provide information regarding the availability 
     of the credit and rebate allowed under section 6428A of the 
     Internal Revenue Code of 1986 (as added by this section), 
     including information with respect to individuals who may not 
     have filed a tax return for taxable year 2019.
       (f) Appropriations to Carry Out Rebates and Address COVID-
     related Tax Administration Issues.--
       (1) In general.--Immediately upon the enactment of this 
     Act, the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2021:
       (A) Department of the treasury.--
       (i) For an additional amount for ``Department of the 
     Treasury--Internal Revenue Service--Taxpayer Services'', 
     $178,335,000, to remain available until September 30, 2021.
       (ii) For an additional amount for ``Department of the 
     Treasury--Internal Revenue Service--Operations Support'', 
     $273,237,000, to remain available until September 30, 2021.
       (iii) For an additional amount for ``Department of 
     Treasury--Internal Revenue Service--Enforcement'', 
     $57,428,000, to remain available until September 30, 2021.
     Amounts made available in appropriations under this 
     subparagraph may be transferred between such appropriations 
     upon the advance notification of the Committees on 
     Appropriations of the House of Representatives and the 
     Senate. Such transfer authority is in addition to any other 
     transfer authority provided by law.
       (B) Social security administration.--For an additional 
     amount for ``Social Security Administration--Limitation on 
     Administrative Expenses'', $38,000,000, to remain available 
     until September 30, 2021.
       (C) Railroad retirement board.--For an additional amount 
     for ``Railroad Retirement Board--Limitation on 
     Administration'', $8,300, to remain available until September 
     30, 2021.
       (2) Reports.--No later than 15 days after enactment of this 
     Act, the Secretary of the Treasury shall submit a plan to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate detailing the expected use of the funds 
     provided by paragraph (1)(A). Beginning 90 days after 
     enactment of this Act, the Secretary of the Treasury shall 
     submit a quarterly report to the Committees on Appropriations 
     of the House of Representatives and the Senate detailing the 
     actual expenditure of funds provided by paragraph (1)(A) and 
     the expected expenditure of such funds in the subsequent 
     quarter.
       (g) Conforming Amendments.--
       (1) Paragraph (2) of section 1324(b) of title 31, United 
     States Code, is amended by inserting ``6428A,'' after 
     ``6428,''.
       (2) The table of sections for subchapter B of chapter 65 of 
     subtitle F is amended by inserting after the item relating to 
     section 6428 the following:

``Sec. 6428A. Additional 2020 recovery rebates for individuals.''.

     SEC. 273. AMENDMENTS TO RECOVERY REBATES UNDER THE CARES ACT.

       (a) Amendments to Section 6428 of the Internal Revenue Code 
     of 1986.--Section 6428 is amended--
       (1) in subsection (c)(1), by inserting ``or a surviving 
     spouse (as defined in section 2(a))'' after ``joint return'',
       (2) in subsection (f)--
       (A) in paragraph (3)(A), by striking ``section'' and 
     inserting ``subsection'',
       (B) in paragraph (4), by striking ``section'' and inserting 
     ``subsection'', and
       (C) by redesignating paragraph (6) as paragraph (7) and by 
     inserting after paragraph (5) the following new paragraph:
       ``(6) Payment to representative payees and fiduciaries.--
       ``(A) In general.--In the case of any individual for which 
     payment information is provided to the Secretary by the 
     Commissioner of Social Security, the Railroad Retirement 
     Board, or the Secretary of Veterans Affairs, the payment by 
     the Secretary under paragraph (3) with respect to such 
     individual may be made to such individual's representative 
     payee or fiduciary and the entire payment shall be--
       ``(i) provided to the individual who is entitled to the 
     payment, or
       ``(ii) used only for the benefit of the individual who is 
     entitled to the payment.
       ``(B) Application of enforcement provisions.--
       ``(i) In the case of a payment described in subparagraph 
     (A) which is made with respect to a social security 
     beneficiary or a supplemental security income recipient, 
     section 1129(a)(3) of the Social Security Act (42 U.S.C. 
     1320a-8(a)(3)) shall apply to such payment in the same manner 
     as such section applies to a payment under title II or XVI of 
     such Act.
       ``(ii) In the case of a payment described in subparagraph 
     (A) which is made with respect to a railroad retirement 
     beneficiary, section 13 of the Railroad Retirement Act (45 
     U.S.C. 231l) shall apply to such payment in the same manner 
     as such section applies to a payment under such Act.
       ``(iii) In the case of a payment described in subparagraph 
     (A) which is made with respect to a veterans beneficiary, 
     sections 5502, 6106, and 6108 of title 38, United States 
     Code, shall apply to such payment in the same manner as such 
     sections apply to a payment under such title.'', and
       (3) by striking subsection (g) and inserting the following:
       ``(g) Identification Number Requirement.--
       ``(1) Requirements for credit.--Subject to paragraph (2), 
     with respect to the credit allowed under subsection (a), the 
     following provisions shall apply:
       ``(A) In general.--In the case of a return other than a 
     joint return, the $1,200 amount in subsection (a)(1) shall be 
     treated as being zero unless the taxpayer includes the valid 
     identification number of the taxpayer on the return of tax 
     for the taxable year.
       ``(B) Joint returns.--In the case of a joint return, the 
     $2,400 amount in subsection (a)(1) shall be treated as 
     being--
       ``(i) $1,200 if the valid identification number of only 1 
     spouse is included on the return of tax for the taxable year, 
     and
       ``(ii) zero if the valid identification number of neither 
     spouse is so included.
       ``(C) Qualifying child.--A qualifying child of a taxpayer 
     shall not be taken into account under subsection (a)(2) 
     unless--
       ``(i) the taxpayer includes the valid identification number 
     of such taxpayer (or, in the case of a joint return, the 
     valid identification number of at least 1 spouse) on the 
     return of tax for the taxable year, and
       ``(ii) the valid identification number of such qualifying 
     child is included on the return of tax for the taxable year.
       ``(2) Requirements for advance refunds.--No refund shall be 
     payable under subsection (f) to an eligible individual who 
     does not include on the return of tax for the taxable year--
       ``(A) such individual's valid identification number,
       ``(B) in the case of a joint return, the valid 
     identification number of such individual's spouse, and
       ``(C) in the case of any qualifying child taken into 
     account under subsection (a)(2), the valid identification 
     number of such qualifying child.
       ``(3) Valid identification number.--
       ``(A) In general.--For purposes of this subsection, the 
     term `valid identification number' means a social security 
     number (as such term is defined in section 24(h)(7)).

[[Page H7537]]

       ``(B) Adoption taxpayer identification number.--For 
     purposes of paragraphs (1)(C) and (2)(C), in the case of a 
     qualifying child who is adopted or placed for adoption, the 
     term `valid identification number' shall include the adoption 
     taxpayer identification number of such child.
       ``(4) Special rule for members of the armed forces.--
     Paragraphs (1)(B) and (2)(B) shall not apply in the case 
     where at least 1 spouse was a member of the Armed Forces of 
     the United States at any time during the taxable year and the 
     valid identification number of at least 1 spouse is included 
     on the return of tax for the taxable year.
       ``(5) Mathematical or clerical error authority.--Any 
     omission of a correct valid identification number required 
     under this subsection shall be treated as a mathematical or 
     clerical error for purposes of applying section 6213(g)(2) to 
     such omission.''.
       (b) Amendments to Section 2201 of the CARES Act.--Section 
     2201 of the CARES Act is amended--
       (1) in subsection (d), by striking ``Any credit or refund 
     allowed or made to any individual by reason of section 6428 
     of the Internal Revenue Code of 1986 (as added by this 
     section) or by reason of subsection (c) of this section'' and 
     inserting ``Any refund payable by reason of section 6428(f) 
     of the Internal Revenue Code of 1986 (as added by this 
     section), or any such refund payable by reason of subsection 
     (c) of this section,'', and
       (2) in subsection (f)(1)(A)(i), by inserting after 
     ``September 30, 2021'' the following: ``, of which up to 
     $63,000,000 may be transferred to the ``Department of the 
     Treasury--Bureau of the Fiscal Service--Debt Collection'' for 
     necessary expenses related to the implementation and 
     operation of Governmentwide debt collection activities 
     pursuant to sections 3711(g), 3716, and 3720A of title 31, 
     United States Code, and subsections (c) through (f) of 
     section 6402 of the Internal Revenue Code of 1986 to offset 
     the loss resulting from the coronavirus pandemic of debt 
     collection receipts collected pursuant to such sections: 
     Provided, That amounts transferred pursuant to this clause 
     shall be in addition to any other funds made available for 
     this purpose''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in section 2201 of the CARES 
     Act.

     SEC. 274. EXTENSION OF CERTAIN DEFERRED PAYROLL TAXES.

       The Secretary of the Treasury (or the Secretary's delegate) 
     shall ensure that Internal Revenue Service Notice 2020-65 
     (entitled ``Relief with Respect to Employment Tax Deadlines 
     Applicable to Employers Affected by the Ongoing Coronavirus 
     (COVID-19) Disease 2019 Pandemic'') and any successor or 
     related regulation, notice, or guidance is applied--
       (1) by substituting ``December 31, 2021'' for ``April 30, 
     2021'' each place it appears therein, and
       (2) by substituting ``January 1, 2022'' for ``May 1, 2021'' 
     each place it appears therein.

     SEC. 275. REGULATIONS OR GUIDANCE CLARIFYING APPLICATION OF 
                   EDUCATOR EXPENSE TAX DEDUCTION.

       Not later than February 28, 2021, the Secretary of the 
     Treasury (or the Secretary's delegate) shall by regulation or 
     other guidance clarify that personal protective equipment, 
     disinfectant, and other supplies used for the prevention of 
     the spread of COVID-19 are treated as described in section 
     62(a)(2)(D)(ii) of the Internal Revenue Code of 1986. Such 
     regulations or other guidance shall apply to expenses paid or 
     incurred after March 12, 2020.

     SEC. 276. CLARIFICATION OF TAX TREATMENT OF FORGIVENESS OF 
                   COVERED LOANS.

       (a) Original Paycheck Protection Program Loans.--
       (1) In general.--Subsection (i) of section 7A of the Small 
     Business Act, as redesignated, transferred, and amended by 
     the Economic Aid to Hard-Hit Small Businesses, Nonprofits, 
     and Venues Act, is amended to read as follows:
       ``(i) Tax Treatment.--For purposes of the Internal Revenue 
     Code of 1986--
       ``(1) no amount shall be included in the gross income of 
     the eligible recipient by reason of forgiveness of 
     indebtedness described in subsection (b),
       ``(2) no deduction shall be denied, no tax attribute shall 
     be reduced, and no basis increase shall be denied, by reason 
     of the exclusion from gross income provided by paragraph (1), 
     and
       ``(3) in the case of an eligible recipient that is a 
     partnership or S corporation--
       ``(A) any amount excluded from income by reason of 
     paragraph (1) shall be treated as tax exempt income for 
     purposes of sections 705 and 1366 of the Internal Revenue 
     Code of 1986, and
       ``(B) except as provided by the Secretary of the Treasury 
     (or the Secretary's delegate), any increase in the adjusted 
     basis of a partner's interest in a partnership under section 
     705 of the Internal Revenue Code of 1986 with respect to any 
     amount described in subparagraph (A) shall equal the 
     partner's distributive share of deductions resulting from 
     costs giving rise to forgiveness described in subsection 
     (b).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years ending after the date of the 
     enactment of the CARES Act.
       (b) Subsequent Paycheck Protection Program Loans.--For 
     purposes of the Internal Revenue Code of 1986, in the case of 
     any taxable year ending after the date of the enactment of 
     this Act--
       (1) no amount shall be included in the gross income of an 
     eligible entity (within the meaning of subparagraph (J) of 
     section 7(a)(37) of the Small Business Act) by reason of 
     forgiveness of indebtedness described in clause (ii) of such 
     subparagraph,
       (2) no deduction shall be denied, no tax attribute shall be 
     reduced, and no basis increase shall be denied, by reason of 
     the exclusion from gross income provided by paragraph (1), 
     and
       (3) in the case of an eligible entity that is a partnership 
     or S corporation--
       (A) any amount excluded from income by reason of paragraph 
     (1) shall be treated as tax exempt income for purposes of 
     sections 705 and 1366 of the Internal Revenue Code of 1986, 
     and
       (B) except as provided by the Secretary of the Treasury (or 
     the Secretary's delegate), any increase in the adjusted basis 
     of a partner's interest in a partnership under section 705 of 
     the Internal Revenue Code of 1986 with respect to any amount 
     described in subparagraph (A) shall equal the partner's 
     distributive share of deductions resulting from costs giving 
     rise to the forgiveness of indebtedness referred to in 
     paragraph (1).

     SEC. 277. EMERGENCY FINANCIAL AID GRANTS.

       (a) In General.--In the case of a student receiving a 
     qualified emergency financial aid grant--
       (1) such grant shall not be included in the gross income of 
     such individual for purposes of the Internal Revenue Code of 
     1986, and
       (2) such grant shall not be treated as described in 
     subparagraph (A), (B), or (C) of section 25A(g)(2) of such 
     Code.
       (b) Definitions.--For purposes of this subsection, the term 
     ``qualified emergency financial aid grant'' means--
       (1) any emergency financial aid grant awarded by an 
     institution of higher education under section 3504 of the 
     CARES Act,
       (2) any emergency financial aid grant from an institution 
     of higher education made with funds made available under 
     section 18004 of the CARES Act, and
       (3) any other emergency financial aid grant made to a 
     student from a Federal agency, a State, an Indian tribe, an 
     institution of higher education, or a scholarship-granting 
     organization (including a tribal organization, as defined in 
     section 4 of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C.5304)) for the purpose of providing 
     financial relief to students enrolled at institutions of 
     higher education in response to a qualifying emergency (as 
     defined in section 3502(a)(4) of the CARES Act).
       (c) Limitation.--This section shall not apply to that 
     portion of any amount received which represents payment for 
     teaching, research, or other services required as a condition 
     for receiving the qualified emergency financial aid grant.
       (d) Effective Date.--This section shall apply to qualified 
     emergency financial aid grants made after March 26, 2020.

     SEC. 278. CLARIFICATION OF TAX TREATMENT OF CERTAIN LOAN 
                   FORGIVENESS AND OTHER BUSINESS FINANCIAL 
                   ASSISTANCE.

       (a) United States Treasury Program Management Authority.--
     For purposes of the Internal Revenue Code of 1986--
       (1) no amount shall be included in the gross income of a 
     borrower by reason of forgiveness of indebtedness described 
     in section 1109(d)(2)(D) of the CARES Act,
       (2) no deduction shall be denied, no tax attribute shall be 
     reduced, and no basis increase shall be denied, by reason of 
     the exclusion from gross income provided by paragraph (1), 
     and
       (3) in the case of a borrower that is a partnership or S 
     corporation--
       (A) any amount excluded from income by reason of paragraph 
     (1) shall be treated as tax exempt income for purposes of 
     sections 705 and 1366 of the Internal Revenue Code of 1986, 
     and
       (B) except as provided by the Secretary of the Treasury (or 
     the Secretary's delegate), any increase in the adjusted basis 
     of a partner's interest in a partnership under section 705 of 
     the Internal Revenue Code of 1986 with respect to any amount 
     described in subparagraph (A) shall equal the partner's 
     distributive share of deductions resulting from costs giving 
     rise to forgiveness described in section 1109(d)(2)(D) of the 
     CARES Act.
       (b) Emergency EIDL Grants and Targeted EIDL Advances.--For 
     purposes of the Internal Revenue Code of 1986--
       (1) any advance described in section 1110(e) of the CARES 
     Act or any funding under section 331 of the Economic Aid to 
     Hard-Hit Small Businesses, Nonprofits, and Venues Act shall 
     not be included in the gross income of the person that 
     receives such advance or funding,
       (2) no deduction shall be denied, no tax attribute shall be 
     reduced, and no basis increase shall be denied, by reason of 
     the exclusion from gross income provided by paragraph (1), 
     and
       (3) in the case of a partnership or S corporation that 
     receives such advance or funding--
       (A) any amount excluded from income by reason of paragraph 
     (1) shall be treated as tax exempt income for purposes of 
     sections 705 and 1366 of the Internal Revenue Code of 1986, 
     and
       (B) the Secretary of the Treasury (or the Secretary's 
     delegate) shall prescribe rules for determining a partner's 
     distributive share of any amount described in subparagraph 
     (A) for purposes of section 705 of the Internal Revenue Code 
     of 1986.
       (c) Subsidy for Certain Loan Payments.--For purposes of the 
     Internal Revenue Code of 1986--
       (1) any payment described in section 1112(c) of the CARES 
     Act shall not be included in the gross income of the person 
     on whose behalf such payment is made,
       (2) no deduction shall be denied, no tax attribute shall be 
     reduced, and no basis increase shall be denied, by reason of 
     the exclusion from gross income provided by paragraph (1), 
     and
       (3) in the case of a partnership or S corporation on whose 
     behalf of a payment described in section 1112(c) of the CARES 
     Act is made--
       (A) any amount excluded from income by reason of paragraph 
     (1) shall be treated as tax exempt income for purposes of 
     sections 705 and 1366 of the Internal Revenue Code of 1986, 
     and

[[Page H7538]]

       (B) except as provided by the Secretary of the Treasury (or 
     the Secretary's delegate), any increase in the adjusted basis 
     of a partner's interest in a partnership under section 705 of 
     the Internal Revenue Code of 1986 with respect to any amount 
     described in subparagraph (A) shall equal the sum of the 
     partner's distributive share of deductions resulting from 
     interest and fees described in section 1112(c) of the CARES 
     Act and the partner's share, as determined under section 752 
     of the Internal Revenue Code of 1986, of principal described 
     in section 1112(c) of the CARES Act.
       (d) Grants for Shuttered Venue Operators.--For purposes of 
     the Internal Revenue Code of 1986--
       (1) any grant made under section 324 of the Economic Aid to 
     Hard-Hit Small Businesses, Nonprofits, and Venues Act shall 
     not be included in the gross income of the person that 
     receives such grant,
       (2) no deduction shall be denied, no tax attribute shall be 
     reduced, and no basis increase shall be denied, by reason of 
     the exclusion from gross income provided by paragraph (1), 
     and
       (3) in the case of a partnership or S corporation that 
     receives such grant--
       (A) any amount excluded from income by reason of paragraph 
     (1) shall be treated as tax exempt income for purposes of 
     sections 705 and 1366 of the Internal Revenue Code of 1986, 
     and
       (B) the Secretary of the Treasury (or the Secretary's 
     delegate) shall prescribe rules for determining a partner's 
     distributive share of any amount described in subparagraph 
     (A) for purposes of section 705 of the Internal Revenue Code 
     of 1986.
       (e) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, subsections (a), (b), and (c) shall apply to 
     taxable years ending after the date of the enactment of the 
     CARES Act.
       (2) Grants for shuttered venue operators; targeted eidl 
     advances.--Subsection (d), and so much of subsection (b) as 
     relates to funding under section 331 of the Economic Aid to 
     Hard-Hit Small Businesses, Nonprofits, and Venues Act, shall 
     apply to taxable years ending after the date of the enactment 
     of this Act.

     SEC. 279. AUTHORITY TO WAIVE CERTAIN INFORMATION REPORTING 
                   REQUIREMENTS.

       The Secretary of the Treasury (or the Secretary's delegate) 
     may provide an exception from any requirement to file an 
     information return otherwise required by chapter 61 of the 
     Internal Revenue Code of 1986 with respect to any amount 
     excluded from gross income by reason of section 7A(i) of the 
     Small Business Act or section 276(b), 277, or 278 of this 
     subtitle.

     SEC. 280. APPLICATION OF SPECIAL RULES TO MONEY PURCHASE 
                   PENSION PLANS.

       (a) In General.--Section 2202(a)(6)(B) of the CARES Act is 
     amended by inserting ``, and, in the case of a money purchase 
     pension plan, a coronavirus-related distribution which is an 
     in-service withdrawal shall be treated as meeting the 
     distribution rules of section 401(a) of the Internal Revenue 
     Code of 1986'' before the period.
       (b) Effective Date.--The amendment made by this section 
     shall apply as if included in the enactment of section 2202 
     of the CARES Act.

     SEC. 281. ELECTION TO WAIVE APPLICATION OF CERTAIN 
                   MODIFICATIONS TO FARMING LOSSES.

       (a) In General.--Section 2303 of the CARES Act is amended 
     by adding at the end the following new subsection:
       ``(e) Special Rules With Respect to Farming Losses.--
       ``(1) Election to disregard application of amendments made 
     by subsections (a) and (b).--
       ``(A) In general.--If a taxpayer who has a farming loss 
     (within the meaning of section 172(b)(1)(B)(ii) of the 
     Internal Revenue Code of 1986) for any taxable year beginning 
     in 2018, 2019, or 2020 makes an election under this 
     paragraph, then--
       ``(i) the amendments made by subsection (a) shall not apply 
     to any taxable year beginning in 2018, 2019, or 2020, and
       ``(ii) the amendments made by subsection (b) shall not 
     apply to any net operating loss arising in any taxable year 
     beginning in 2018, 2019, or 2020.
       ``(B) Election.--
       ``(i) In general.--Except as provided in clause (ii)(II), 
     an election under this paragraph shall be made in such manner 
     as may be prescribed by the Secretary. Such election, once 
     made, shall be irrevocable.
       ``(ii) Time for making election.--

       ``(I) In general.--An election under this paragraph shall 
     be made by the due date (including extensions of time) for 
     filing the taxpayer's return for the taxpayer's first taxable 
     year ending after the date of the enactment of the COVID-
     related Tax Relief Act of 2020.
       ``(II) Previously filed returns.--In the case of any 
     taxable year for which the taxpayer has filed a return of 
     Federal income tax before the date of the enactment of the 
     COVID-related Tax Relief Act of 2020 which disregards the 
     amendments made by subsections (a) and (b), such taxpayer 
     shall be treated as having made an election under this 
     paragraph unless the taxpayer amends such return to reflect 
     such amendments by the due date (including extensions of 
     time) for filing the taxpayer's return for the first taxable 
     year ending after the date of the enactment of the COVID-
     related Tax Relief Act of 2020.

       ``(C) Regulations.--The Secretary of the Treasury (or the 
     Secretary's delegate) shall issue such regulations and other 
     guidance as may be necessary to carry out the purposes of 
     this paragraph, including regulations and guidance relating 
     to the application of the rules of section 172(a) of the 
     Internal Revenue Code of 1986 (as in effect before the date 
     of the enactment of the CARES Act) to taxpayers making an 
     election under this paragraph.
       ``(2) Revocation of election to waive carryback.--The last 
     sentence of section 172(b)(3) of the Internal Revenue Code of 
     1986 and the last sentence of section 172(b)(1)(B) of such 
     Code shall not apply to any election--
       ``(A) which was made before the date of the enactment of 
     the COVID-related Tax Relief Act of 2020, and
       ``(B) which relates to the carryback period provided under 
     section 172(b)(1)(B) of such Code with respect to any net 
     operating loss arising in taxable years beginning in 2018 or 
     2019.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in section 2303 of the CARES 
     Act.

     SEC. 282. OVERSIGHT AND AUDIT REPORTING.

       Section 19010(a)(1) of the CARES Act is amended by striking 
     ``and'' at the end of subparagraph (F), by striking ``and'' 
     at the end of subparagraph (G), and by adding at the end the 
     following new subparagraphs:
       ``(H) the Committee on Finance of the Senate; and
       ``(I) the Committee on Ways and Means of the House of 
     Representatives; and''.

     SEC. 283. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT 
                   ELIGIBLE FOR COLLECTION PURSUANT TO QUALIFIED 
                   TAX COLLECTION CONTRACTS.

       (a) In General.--Section 1106 of the Social Security Act 
     (42 U.S.C. 1306) is amended by adding at the end the 
     following:
       ``(g) Notwithstanding any other provision of this section, 
     the Commissioner of Social Security shall enter into an 
     agreement with the Secretary of the Treasury under which--
       ``(1) if the Secretary provides the Commissioner with the 
     information described in section 6103(k)(15) of the Internal 
     Revenue Code of 1986 with respect to any individual, the 
     Commissioner shall indicate to the Secretary as to whether 
     such individual receives disability insurance benefits under 
     section 223 or supplemental security income benefits under 
     title XVI (including State supplementary payments of the type 
     referred to in section 1616(a) or payments of the type 
     described in section 212(a) of Public Law 93-66);
       ``(2) appropriate safeguards are included to assure that 
     the indication described in paragraph (1) will be used solely 
     for the purpose of determining if tax receivables involving 
     such individual are not eligible for collection pursuant to a 
     qualified tax collection contract by reason of section 
     6306(d)(3)(E) of the Internal Revenue Code of 1986; and
       ``(3) the Secretary shall pay the Commissioner of Social 
     Security the full costs (including systems and administrative 
     costs) of providing the indication described in paragraph 
     (1).''.
       (b) Authorization of Disclosure by Secretary of the 
     Treasury.--
       (1) In general.--Section 6103(k) is amended by adding at 
     the end the following new paragraph:
       ``(15) Disclosures to social security administration to 
     identify tax receivables not eligible for collection pursuant 
     to qualified tax collection contracts.--In the case of any 
     individual involved with a tax receivable which the Secretary 
     has identified for possible collection pursuant to a 
     qualified tax collection contract (as defined in section 
     6306(b)), the Secretary may disclose the taxpayer identity 
     and date of birth of such individual to officers, employees, 
     and contractors of the Social Security Administration to 
     determine if such tax receivable is not eligible for 
     collection pursuant to such a qualified tax collection 
     contract by reason of section 6306(d)(3)(E).''.
       (2) Conforming amendments related to safeguards.--
       (A) Section 6103(a)(3) is amended by striking ``or (14)'' 
     and inserting ``(14), or (15)''.
       (B) Section 6103(p)(4) is amended--
       (i) by striking ``(k)(8), (10) or (11)'' both places it 
     appears and inserting ``(k)(8), (10), (11), or (15)'', and
       (ii) by striking ``any other person described in subsection 
     (k)(10)'' each place it appears and inserting ``any other 
     person described in subsection (k)(10) or (15)''.
       (C) Section 7213(a)(2) is amended by striking ``(k)(10), 
     (13), or (14)'' and inserting ``(k)(10), (13), (14), or 
     (15)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to disclosures made on or after the date of the 
     enactment of this Act.

     SEC. 284. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER 
                   RETURN INFORMATION.

       (a) Amendments to the Internal Revenue Code of 1986.--
       (1) In general.--Subparagraph (D) of section 6103(l)(13) is 
     amended--
       (A) by inserting at the end of clause (iii) the following 
     new sentence: ``Under such terms and conditions as may be 
     prescribed by the Secretary, after consultation with the 
     Department of Education, an institution of higher education 
     described in subclause (I) or a State higher education agency 
     described in subclause (II) may designate a contractor of 
     such institution or state agency to receive return 
     information on behalf of such institution or state agency to 
     administer aspects of the institution's or state agency's 
     activities for the application, award, and administration of 
     such financial aid.'', and
       (B) by adding at the end the following:
       ``(iv) Redisclosure to office of inspector general, 
     independent auditors, and contractors.--Any return 
     information which is redisclosed under clause (iii)--

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

[[Page H7539]]

     but only to the extent necessary in carrying out the purposes 
     described in such clause (iii).
       ``(v) Redisclosure to family members.--In addition to the 
     purposes for which information is disclosed and used under 
     subparagraphs (A) and (C), or redisclosed under clause (iii), 
     any return information so disclosed or redisclosed may be 
     further disclosed to any individual certified by the 
     Secretary of Education as having provided approval under 
     paragraph (1) or (2) of section 494(a) of the Higher 
     Education Act of 1965, as the case may be, for disclosure 
     related to the income-contingent or income-based repayment 
     plan under subparagraph (A) or the eligibility for, and 
     amount of, Federal student financial aid described in 
     subparagraph (C).
       ``(vi) Redisclosure of fafsa information.--Return 
     information received under subparagraph (C) may be 
     redisclosed in accordance with subsection (c) of section 494 
     of the Higher Education Act of 1965 (as in effect on the date 
     of enactment of the COVID-related Tax Relief Act of 2020) to 
     carry out the purposes specified in such subsection.''.
       (2) Conforming amendment.--Subparagraph (F) of section 
     6103(l)(13) is amended by inserting ``, and any redisclosure 
     authorized under clause (iii), (iv) (v), or (vi) of 
     subparagraph (D),'' after `` or (C)''.
       (3) Confidentiality of return information.--
       (A) Section 6103(a)(3), as amended by section 3516(a)(1) of 
     the CARES Act, is amended by striking ``(13)(A), (13)(B), 
     (13)(C), (13)(D)(i),'' and inserting ``(13) (other than 
     subparagraphs (D)(v) and (D)(vi) thereof),''.
       (B) Section 6103(p)(3)(A), as amended by section 3516(a)(2) 
     of such Act, is amended by striking ``(13)(A), (13)(B), 
     (13)(C), (13)(D)(i),'' and inserting ``(13)(D)(iv), 
     (13)(D)(v), (13)(D)(vi)''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply to disclosures made after the date of the 
     enactment of the FUTURE Act (Public Law 116-91).
       (b) Amendments to the Higher Education Act of 1965.--
       (1) In general.--Section 494 of the Higher Education Act of 
     1965 (20 U.S.C. 1098h(a)) is amended--
       (A) in subsection (a)(1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, including return information,'' after ``financial 
     information'';
       (ii) in subparagraph (A)--

       (I) in clause (i)--

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

       ``(I) the''; and

       (bb) by adding at the end the following:

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

       (iii) in subparagraph (B), by striking ``disclosure 
     described in subparagraph (A)(i)'' and inserting 
     ``disclosures described in subclauses (I) and (II) of 
     subparagraph (A)(i)'';
       (B) in subsection (a)(2)(A)(ii), by striking 
     ``affirmatively approve the disclosure described in paragraph 
     (1)(A)(i) and agree that such approval shall serve as an 
     ongoing approval of such disclosure until the date on which 
     the individual elects to opt out of such disclosure'' and 
     inserting ``affirmatively approve the disclosures described 
     in subclauses (I) and (II) of paragraph (1)(A)(i), to the 
     extent applicable, and agree that such approval shall serve 
     as an ongoing approval of such disclosures until the date on 
     which the individual elects to opt out of such disclosures''; 
     and
       (C) by adding at the end the following:
       ``(c) Access to FAFSA Information.--
       ``(1) Redisclosure of information.--The information in a 
     complete, unredacted Student Aid Report (including any return 
     information disclosed under section 6103(l)(13) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with 
     respect to an application described in subsection (a)(1) of 
     an applicant for Federal student financial aid--
       ``(A) upon request for such information by such applicant, 
     shall be provided to such applicant by--
       ``(i) the Secretary; or
       ``(ii) in a case in which the Secretary has requested that 
     institutions of higher education carry out the requirements 
     of this subparagraph, an institution of higher education that 
     has received such information; and
       ``(B) with the written consent by the applicant to an 
     institution of higher education, may be provided by such 
     institution of higher education as is necessary to a 
     scholarship granting organization (including a tribal 
     organization (defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304))), or to an organization assisting the applicant in 
     applying for and receiving Federal, State, local, or tribal 
     assistance, that is designated by the applicant to assist the 
     applicant in applying for and receiving financial assistance 
     for any component of the applicant's cost of attendance 
     (defined in section 472) at that institution.
       ``(2) Discussion of information.--A discussion of the 
     information in an application described in subsection (a)(1) 
     (including any return information disclosed under section 
     6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 
     6103(l)(13)) of an applicant between an institution of higher 
     education and the applicant may, with the written consent of 
     the applicant, include an individual selected by the 
     applicant (such as an advisor) to participate in such 
     discussion.
       ``(3) Restriction on disclosing information.--A person 
     receiving information under paragraph (1)(B) or (2) with 
     respect to an applicant shall not use the information for any 
     purpose other than the express purpose for which consent was 
     granted by the applicant and shall not disclose such 
     information to any other person without the express 
     permission of, or request by, the applicant.
       ``(4) Definitions.--In this subsection:
       ``(A) Student aid report.--The term `Student Aid Report' 
     has the meaning given the term in section 668.2 of title 34, 
     Code of Federal Regulations (or successor regulations).
       ``(B) Written consent.--The term `written consent' means a 
     separate, written document that is signed and dated (which 
     may include by electronic format) by an applicant, which--
       ``(i) indicates that the information being disclosed 
     includes return information disclosed under section 
     6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 
     6103(l)(13)) with respect to the applicant;
       ``(ii) states the purpose for which the information is 
     being disclosed; and
       ``(iii) states that the information may only be used for 
     the specific purpose and no other purposes.
       ``(5) Record keeping requirement.--An institution of higher 
     education shall--
       ``(A) keep a record of each written consent made under this 
     subsection for a period of at least 3 years from the date of 
     the student's last date of attendance at the institution; and
       ``(B) make each such record readily available for review by 
     the Secretary.''.
       (2) Conforming amendment.--Section 494(a)(3) of the Higher 
     Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by 
     striking ``paragraph (1)(A)(i)'' both places the term appears 
     and inserting ``paragraph (1)(A)(i)(I)''.

     SEC. 285. 2020 ELECTION TO TERMINATE TRANSFER PERIOD FOR 
                   QUALIFIED TRANSFERS FROM PENSION PLAN FOR 
                   COVERING FUTURE RETIREE COSTS.

       (a) In General.--Section 420(f) is amended by adding at the 
     end the following new paragraph:
       ``(7) Election to end transfer period.--
       ``(A) In general.--In the case of an employer maintaining a 
     plan which has made a qualified future transfer under this 
     subsection, such employer may, not later than December 31, 
     2021, elect to terminate the transfer period with respect to 
     such transfer effective as of any taxable year specified by 
     the taxpayer that begins after the date of such election.
       ``(B) Amounts transferred to plan on termination.--Any 
     assets transferred to a health benefits account, or an 
     applicable life insurance account, in a qualified future 
     transfer (and any income allocable thereto) which are not 
     used as of the effective date of the election to terminate 
     the transfer period with respect to such transfer under 
     subparagraph (A), shall be transferred out of the account to 
     the transferor plan within a reasonable period of time. The 
     transfer required by this subparagraph shall be treated as an 
     employer reversion for purposes of section 4980 (other than 
     subsection (d) thereof), unless before the end of the 5-year 
     period beginning after the original transfer period an 
     equivalent amount is transferred back to such health benefits 
     account, or applicable life insurance account, as the case 
     may be. Any such transfer back pursuant to the preceding 
     sentence may be made without regard to section 401(h)(1).
       ``(C) Minimum cost requirements continue.--The requirements 
     of subsection (c)(3) and paragraph (2)(D) shall apply with 
     respect to a qualified future transfer without regard to any 
     election under subparagraph (A) with respect to such 
     transfer.
       ``(D) Modified maintenance of funded status during original 
     transfer period.--The requirements of paragraph (2)(B) shall 
     apply without regard to any such election, and clause (i) 
     thereof shall be applied by substituting `100 percent' for 
     `120 percent' during the original transfer period.
       ``(E) Continued maintenance of funding status after 
     original transfer period.--
       ``(i) In general.--In the case of a plan with respect to 
     which there is an excess described in paragraph (2)(B)(ii) as 
     of the valuation date of the plan year in the last year of 
     the original transfer period, paragraph (2)(B) shall apply 
     for 5 years after the original transfer period in the same 
     manner as during a transfer period by substituting the 
     applicable percentage for `120 percent' in clause (i) 
     thereof.
       ``(ii) Applicable percentage.--For purposes of this 
     subparagraph, the applicable percentage shall be determined 
     under the following table:
``For the valuation date of the plan year in the following year after 
The  applicable         percentage is:
  1st.......................................................104 percent
  2nd.......................................................108 percent
  3rd.......................................................112 percent
  4th.......................................................116 percent
  5th.......................................................120 percent

       ``(iii) Early termination of continued maintenance period 
     when 120 percent funding reached.--If, as of the valuation 
     date of any plan year in the first 4 years after the original 
     transfer period with respect to a qualified future transfer, 
     there would be no excess determined under this subparagraph 
     were the applicable percentage 120 percent, then this 
     subparagraph shall cease to apply with respect to the plan.
       ``(F) Original transfer period.--For purposes of this 
     paragraph, the term `original transfer period' means the 
     transfer period under this subsection with respect to a 
     qualified future transfer determined without regard to the 
     election under subparagraph (A).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2019.

     SEC. 286. EXTENSION OF CREDITS FOR PAID SICK AND FAMILY 
                   LEAVE.

       (a) In General.--Sections 7001(g), 7002(e), 7003(g), and 
     7004(e) of the Families First

[[Page H7540]]

     Coronavirus Response Act are each amended by striking 
     ``December 31, 2020'' and inserting ``March 31, 2021''.
       (b) Coordination With Termination of Mandate.--
       (1) Payroll credit for paid sick leave.--Section 7001(c) of 
     the Families First Coronavirus Response Act is amended by 
     striking ``paid by an employer which'' and all that follows 
     and inserting ``paid by an employer--
       ``(1) which are required to be paid by reason of the 
     Emergency Paid Sick Leave Act, or
       ``(2) both--
       ``(A) which would be so required to be paid if such Act 
     were applied--
       ``(i) by substituting `March 31, 2021' for `December 31, 
     2020' in section 5109 thereof, and
       ``(ii) without regard to section 5102(b)(3) thereof, and
       ``(B) with respect to which all requirements of such Act 
     (other than subsections (a) and (b) of section 5105 thereof, 
     and determined by substituting `To be compliant with section 
     5102, an employer may not' for `It shall be unlawful for any 
     employer to' in section 5104 thereof) which would apply if so 
     required are satisfied.''.
       (2) Credit for sick leave of self-employed individuals.--
     Section 7002(b)(2) of the Families First Coronavirus Response 
     Act is amended to read as follows:
       ``(2) either--
       ``(A) would be entitled to receive paid leave during the 
     taxable year pursuant to the Emergency Paid Sick Leave Act if 
     the individual were an employee of an employer (other than 
     himself or herself), or
       ``(B) would be so entitled if--
       ``(i) such Act were applied by substituting `March 31, 
     2021' for `December 31, 2020' in section 5109 thereof, and
       ``(ii) the individual were an employee of an employer 
     (other than himself or herself).''.
       (3) Payroll credit for paid family leave.--Section 7003(c) 
     of the Families First Coronavirus Response Act is amended by 
     striking ``paid by an employer which'' and all that follows 
     and inserting ``paid by an employer--
       ``(1) which are required to be paid by reason of the 
     Emergency Family and Medical Leave Expansion Act (including 
     the amendments made by such Act), or
       ``(2) both--
       ``(A) which would be so required to be paid if section 
     102(a)(1)(F) of the Family and Medical Leave Act of 1993, as 
     amended by the Emergency Family and Medical Leave Expansion 
     Act, were applied by substituting `March 31, 2021' for 
     `December 31, 2020', and
       ``(B) with respect to which all requirements of the Family 
     and Medical Leave Act of 1993 (other than section 107 
     thereof, and determined by substituting `To be compliant with 
     section 102(a)(1)(F), an employer may not' for `It shall be 
     unlawful for any employer to' each place it appears in 
     subsection (a) of section 105 thereof, by substituting `made 
     unlawful in this title or described in this section' for 
     `made unlawful by this title' in paragraph (2) of such 
     subsection, and by substituting `To be compliant with section 
     102(a)(1)(F), an employer may not' for `It shall be unlawful 
     for any person to' in subsection (b) of such section) which 
     relate to such section 102(a)(1)(F), and which would apply if 
     so required, are satisfied.''.
       (4) Credit for family leave of self-employed individuals.--
     Section 7004(b)(2) of the Families First Coronavirus Response 
     Act is amended to read as follows:
       ``(2) either--
       ``(A) would be entitled to receive paid leave during the 
     taxable year pursuant to the Emergency Family and Medical 
     Leave Expansion Act if the individual were an employee of an 
     employer (other than himself or herself), or
       ``(B) would be so entitled if--
       ``(i) section 102(a)(1)(F) of the Family and Medical Leave 
     Act of 1993, as amended by the Emergency Family and Medical 
     Leave Expansion Act, were applied by substituting `March 31, 
     2021' for `December 31, 2020', and
       ``(ii) the individual were an employee of an employer 
     (other than himself or herself).''.
       (5) Coordination with certain employment taxes.--Section 
     7005(a) of the Families First Coronavirus Response Act is 
     amended by inserting ``(or, in the case of wages paid after 
     December 31, 2020, and before April 1, 2021, with respect to 
     which a credit is allowed under section 7001 or 7003)'' 
     before ``shall not be considered''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 287. ELECTION TO USE PRIOR YEAR NET EARNINGS FROM SELF-
                   EMPLOYMENT IN DETERMINING AVERAGE DAILY SELF-
                   EMPLOYMENT INCOME FOR PURPOSES OF CREDITS FOR 
                   PAID SICK AND FAMILY LEAVE.

       (a) Credit for Sick Leave.--Section 7002(c) of the Families 
     First Coronavirus Response Act is amended by adding at the 
     end the following new paragraph:
       ``(4) Election to use prior year net earnings from self-
     employment income.--In the case of an individual who elects 
     (at such time and in such manner as the Secretary, or the 
     Secretary's delegate, may provide) the application of this 
     paragraph, paragraph (2)(A) shall be applied by substituting 
     `the prior taxable year' for `the taxable year'.''.
       (b) Credit for Family Leave.--Section 7004(c) of the 
     Families First Coronavirus Response Act is amended by adding 
     at the end the following new paragraph:
       ``(4) Election to use prior year net earnings from self-
     employment income.--In the case of an individual who elects 
     (at such time and in such manner as the Secretary, or the 
     Secretary's delegate, may provide) the application of this 
     paragraph, paragraph (2)(A) shall be applied by substituting 
     `the prior taxable year' for `the taxable year'.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

     SEC. 288. CERTAIN TECHNICAL IMPROVEMENTS TO CREDITS FOR PAID 
                   SICK AND FAMILY LEAVE.

       (a) Coordination With Application of Certain Definitions.--
       (1) In general.--Sections 7001(c) and 7003(c) of the 
     Families First Coronavirus Response Act are each amended--
       (A) by inserting ``, determined without regard to 
     paragraphs (1) through (22) of section 3121(b) of such Code'' 
     after ``as defined in section 3121(a) of the Internal Revenue 
     Code of 1986'', and
       (B) by inserting ``, determined without regard to the 
     sentence in paragraph (1) thereof which begins `Such term 
     does not include remuneration' '' after ``as defined in 
     section 3231(e) of the Internal Revenue Code''.
       (2) Conforming amendments.--Sections 7001(e)(3) and 
     7003(e)(3) of the Families First Coronavirus Response Act are 
     each amended by striking ``Any term'' and inserting ``Except 
     as otherwise provided in this section, any term''.
       (b) Coordination With Exclusion From Employment Taxes.--
     Sections 7001(c) and 7003(c) of the Families First 
     Coronavirus Response Act, as amended by subsection (a), are 
     each amended--
       (1) by inserting ``and section 7005(a) of this Act,'' after 
     ``determined without regard to paragraphs (1) through (22) of 
     section 3121(b) of such Code'', and
       (2) by inserting ``and without regard to section 7005(a) of 
     this Act'' after ``which begins `Such term does not include 
     remuneration' ''.
       (c) Clarification of Applicable Railroad Retirement Tax for 
     Paid Leave Credits.--Sections 7001(e) and 7003(e) of the 
     Families First Coronavirus Response Act, as amended by the 
     preceding provisions of this Act, are each amended by adding 
     at the end the following new paragraph:
       ``(4) References to railroad retirement tax.--Any reference 
     in this section to the tax imposed by section 3221(a) of the 
     Internal Revenue Code of 1986 shall be treated as a reference 
     to so much of such tax as is attributable to the rate in 
     effect under section 3111(a) of such Code.''.
       (d) Clarification of Treatment of Paid Leave for Applicable 
     Railroad Retirement Tax.--Section 7005(a) of the Families 
     First Coronavirus Response Act is amended by adding the 
     following sentence at the end of such subsection: ``Any 
     reference in this subsection to the tax imposed by section 
     3221(a) of such Code shall be treated as a reference to so 
     much of the tax as is attributable to the rate in effect 
     under section 3111(a) of such Code.''.
       (e) Clarification of Applicable Railroad Retirement Tax for 
     Hospital Insurance Tax Credit.--Section 7005(b)(1) of the 
     Families First Coronavirus Response Act is amended to read as 
     follows:
       ``(1) In general.--The credit allowed by section 7001 and 
     the credit allowed by section 7003 shall each be increased by 
     the amount of the tax imposed by section 3111(b) of the 
     Internal Revenue Code of 1986 and so much of the taxes 
     imposed under section 3221(a) of such Code as are 
     attributable to the rate in effect under section 3111(b) of 
     such Code on qualified sick leave wages, or qualified family 
     leave wages, for which credit is allowed under such section 
     7001 or 7003 (respectively).''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Families First Coronavirus Response Act to which they relate.

 TITLE III--CONTINUING THE PAYCHECK PROTECTION PROGRAM AND OTHER SMALL 
                            BUSINESS SUPPORT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Economic Aid to Hard-Hit 
     Small Businesses, Nonprofits, and Venues Act''.

     SEC. 302. DEFINITIONS.

       In this Act:
       (1) Administration; administrator.--The terms 
     ``Administration'' and ``Administrator'' mean the Small 
     Business Administration and the Administrator thereof, 
     respectively.
       (2) Small business concern.--The term ``small business 
     concern'' has the meaning given the term in section 3 of the 
     Small Business Act (15 U.S.C. 632).

     SEC. 303. EMERGENCY RULEMAKING AUTHORITY.

        Not later than 10 days after the date of enactment of this 
     Act, the Administrator shall issue regulations to carry out 
     this Act and the amendments made by this Act without regard 
     to the notice requirements under section 553(b) of title 5, 
     United States Code.

     SEC. 304. ADDITIONAL ELIGIBLE EXPENSES.

       (a) Allowable Use of PPP Loan.--Section 7(a)(36)(F)(i) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(F)(i)) is 
     amended--
       (1) in subclause (VI), by striking ``and'' at the end;
       (2) in subclause (VII), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:

       ``(VIII) covered operations expenditures, as defined in 
     section 7A(a);
       ``(IX) covered property damage costs, as defined in section 
     7A(a);
       ``(X) covered supplier costs, as defined in section 7A(a); 
     and
       ``(XI) covered worker protection expenditures, as defined 
     in section 7A(a).''.

       (b) Loan Forgiveness.--
       (1) Transfer of section to small business act.--
       (A) In general.--Section 1106 of the CARES Act (15 U.S.C. 
     9005) is redesignated as section

[[Page H7541]]

     7A, transferred to the Small Business Act (15 U.S.C. 631 et 
     seq.), and inserted so as to appear after section 7 of the 
     Small Business Act (15 U.S.C. 636).
       (B) Conforming amendments to transferred section.--Section 
     7A of the Small Business Act, as redesignated and transferred 
     by subparagraph (A) of this paragraph, is amended--
       (i) in subsection (a)(1), by striking ``under paragraph 
     (36) of section 7(a) of the Small Business Act (15 U.S.C. 
     636(a)), as added by section 1102'' and inserting ``under 
     section 7(a)(36)''; and
       (ii) in subsection (c), by striking ``of the Small Business 
     Act (15 U.S.C. 636(a))'' each place it appears.
       (C) Other conforming amendments.--
       (i) Section 1109(d)(2)(D) of the CARES Act (15 U.S.C. 
     9008(d)(2)(D)) is amended by striking ``section 1106 of this 
     Act'' and inserting ``section 7A of the Small Business Act''.
       (ii) Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) is amended--

       (I) in subparagraph (K), by striking ``section 1106 of the 
     CARES Act'' and inserting ``section 7A''; and
       (II) in subparagraph (M)--

       (aa) by striking ``section 1106 of the CARES Act'' each 
     place it appears and inserting ``section 7A''; and
       (bb) in clause (v), by striking ``section 1106(a) of the 
     CARES Act'' and inserting ``section 7A(a)''.
       (2) Additional eligible expenses.--Section 7A of the Small 
     Business Act, as redesignated and transferred by paragraph 
     (1) of this subsection, is amended--
       (A) in subsection (a)--
       (i) by redesignating paragraphs (6), (7), and (8) as 
     paragraphs (10), (11), and (12), respectively;
       (ii) by redesignating paragraph (5) as paragraph (8);
       (iii) by redesignating paragraph (4) as paragraph (6);
       (iv) by redesignating paragraph (3) as paragraph (4);
       (v) by inserting after paragraph (2) the following:
       ``(3) the term `covered operations expenditure' means a 
     payment for any business software or cloud computing service 
     that facilitates business operations, product or service 
     delivery, the processing, payment, or tracking of payroll 
     expenses, human resources, sales and billing functions, or 
     accounting or tracking of supplies, inventory, records and 
     expenses;'';
       (vi) by inserting after paragraph (4), as so redesignated, 
     the following:
       ``(5) the term `covered property damage cost' means a cost 
     related to property damage and vandalism or looting due to 
     public disturbances that occurred during 2020 that was not 
     covered by insurance or other compensation;'';
       (vii) by inserting after paragraph (6), as so redesignated, 
     the following:
       ``(7) the term `covered supplier cost' means an expenditure 
     made by an entity to a supplier of goods for the supply of 
     goods that--
       ``(A) are essential to the operations of the entity at the 
     time at which the expenditure is made; and
       ``(B) is made pursuant to a contract, order, or purchase 
     order--
       ``(i) in effect at any time before the covered period with 
     respect to the applicable covered loan; or
       ``(ii) with respect to perishable goods, in effect before 
     or at any time during the covered period with respect to the 
     applicable covered loan;'';
       (viii) by inserting after paragraph (8), as so 
     redesignated, the following:
       ``(9) the term `covered worker protection expenditure'--
       ``(A) means an operating or a capital expenditure to 
     facilitate the adaptation of the business activities of an 
     entity to comply with requirements established or guidance 
     issued by the Department of Health and Human Services, the 
     Centers for Disease Control, or the Occupational Safety and 
     Health Administration, or any equivalent requirements 
     established or guidance issued by a State or local 
     government, during the period beginning on March 1, 2020 and 
     ending the date on which the national emergency declared by 
     the President under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) with respect to the Coronavirus Disease 2019 
     (COVID-19) expires related to the maintenance of standards 
     for sanitation, social distancing, or any other worker or 
     customer safety requirement related to COVID-19;
       ``(B) may include--
       ``(i) the purchase, maintenance, or renovation of assets 
     that create or expand--

       ``(I) a drive-through window facility;
       ``(II) an indoor, outdoor, or combined air or air pressure 
     ventilation or filtration system;
       ``(III) a physical barrier such as a sneeze guard;
       ``(IV) an expansion of additional indoor, outdoor, or 
     combined business space;
       ``(V) an onsite or offsite health screening capability; or
       ``(VI) other assets relating to the compliance with the 
     requirements or guidance described in subparagraph (A), as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(ii) the purchase of--

       ``(I) covered materials described in section 328.103(a) of 
     title 44, Code of Federal Regulations, or any successor 
     regulation;
       ``(II) particulate filtering facepiece respirators approved 
     by the National Institute for Occupational Safety and Health, 
     including those approved only for emergency use 
     authorization; or
       ``(III) other kinds of personal protective equipment, as 
     determined by the Administrator in consultation with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor; and

       ``(C) does not include residential real property or 
     intangible property;''; and
       (ix) in paragraph (11), as so redesignated--

       (I) in subparagraph (C), by striking ``and'' at the end;
       (II) in subparagraph (D), by striking ``and'' at the end; 
     and
       (III) by adding at the end the following:

       ``(E) covered operations expenditures;
       ``(F) covered property damage costs;
       ``(G) covered supplier costs; and
       ``(H) covered worker protection expenditures; and'';
       (B) in subsection (b), by adding at the end the following:
       ``(5) Any covered operations expenditure.
       ``(6) Any covered property damage cost.
       ``(7) Any covered supplier cost.
       ``(8) Any covered worker protection expenditure.'';
       (C) in subsection (d)(8), by inserting ``any payment on any 
     covered operations expenditure, any payment on any covered 
     property damage cost, any payment on any covered supplier 
     cost, any payment on any covered worker protection 
     expenditure,'' after ``rent obligation,''; and
       (D) in subsection (e)--
       (i) in paragraph (2)--

       (I) by inserting ``purchase orders, orders, invoices,'' 
     before ``or other documents''; and
       (II) by striking ``covered lease obligations,'' and 
     inserting ``covered rent obligations, payments on covered 
     operations expenditures, payments on covered property damage 
     costs, payments on covered supplier costs, payments on 
     covered worker protection expenditures,''; and

       (ii) in paragraph (3)(B), by inserting ``make payments on 
     covered operations expenditures, make payments on covered 
     property damage costs, make payments on covered supplier 
     costs, make payments on covered worker protection 
     expenditures,'' after ``rent obligation,''.
       (c) Effective Date; Applicability.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsections (a) and (b) shall be effective 
     as if included in the CARES Act (Public Law 116-136; 134 
     Stat. 281) and shall apply to any loan made pursuant to 
     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) before, on, or after the date of enactment of 
     this Act, including forgiveness of such a loan.
       (2) Exclusion of loans already forgiven.--The amendments 
     made by subsections (a) and (b) shall not apply to a loan 
     made pursuant to section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)) for which the borrower received 
     forgiveness before the date of enactment of this Act under 
     section 1106 of the CARES Act, as in effect on the day before 
     such date of enactment.

     SEC. 305. HOLD HARMLESS.

       (a) In General.--Subsection (h) of section 7A of the Small 
     Business Act, as redesignated and transferred by section 304 
     of this Act, is amended to read as follows:
       ``(h) Hold Harmless.--
       ``(1) Definition.--In this subsection, the term `initial or 
     second draw PPP loan' means a covered loan or a loan under 
     paragraph (37) of section 7(a).
       ``(2) Reliance.--A lender may rely on any certification or 
     documentation submitted by an applicant for an initial or 
     second draw PPP loan or an eligible recipient or eligible 
     entity receiving initial or second draw PPP loan that--
       ``(A) is submitted pursuant to all applicable statutory 
     requirements, regulations, and guidance related to initial or 
     second draw PPP loan, including under paragraph (36) or (37) 
     of section 7(a) and under this section; and
       ``(B) attests that the applicant, eligible recipient, or 
     eligible entity, as applicable, has accurately provided the 
     certification or documentation to the lender in accordance 
     with the statutory requirements, regulations, and guidance 
     described in subparagraph (A).
       ``(3) No enforcement action.--With respect to a lender that 
     relies on a certification or documentation described in 
     paragraph (2) related to an initial or second draw PPP loan, 
     an enforcement action may not be taken against the lender, 
     and the lender shall not be subject to any penalties relating 
     to loan origination or forgiveness of the initial or second 
     draw PPP loan, if--
       ``(A) the lender acts in good faith relating to loan 
     origination or forgiveness of the initial or second draw PPP 
     loan based on that reliance; and
       ``(B) all other relevant Federal, State, local, and other 
     statutory and regulatory requirements applicable to the 
     lender are satisfied with respect to the initial or second 
     draw PPP loan.''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 306. SELECTION OF COVERED PERIOD FOR FORGIVENESS.

       Section 7A of the Small Business Act, as redesignated and 
     transferred by section 304 of this Act, is amended--
       
       (A) by amending paragraph (4) of subsection (a), as so 
     redesignated by section 304(b) of this Act, to read as 
     follows:
       ``(4) the term `covered period' means the period--
       ``(A) beginning on the date of the origination of a covered 
     loan; and
       ``(B) ending on a date selected by the eligible recipient 
     of the covered loan that occurs during the period--
       ``(i) beginning on the date that is 8 weeks after such date 
     of origination; and

[[Page H7542]]

       ``(ii) ending on the date that is 24 weeks after such date 
     of origination;''; and
       (1) by striking subsection (l).

     SEC. 307. SIMPLIFIED FORGIVENESS APPLICATION.

       (a) In General.--Section 7A of the Small Business Act, as 
     redesignated and transferred by section 304 of this Act, and 
     as amended by section 306 of this Act, is amended--
       (1) in subsection (e), in the matter preceding paragraph 
     (1), by striking ``An eligible'' and inserting ``Except as 
     provided in subsection (l), an eligible'';
       (2) in subsection (f), by inserting ``or the certification 
     required under subsection (l), as applicable'' after 
     ``subsection (e)''; and
       (3) by adding at the end the following:
       ``(l) Simplified Application.--
       ``(1) Covered loans up to $150,000.--
       ``(A) In general .--With respect to a covered loan made to 
     an eligible recipient that is not more than $150,000, the 
     covered loan amount shall be forgiven under this section if 
     the eligible recipient--
       ``(i) signs and submits to the lender a certification, to 
     be established by the Administrator not later than 24 days 
     after the date of enactment of the Economic Aid to Hard-Hit 
     Small Businesses, Nonprofits, and Venues Act, which--

       ``(I) shall be not more than 1 page in length; and
       ``(II) shall only require the eligible recipient to 
     provide--

       ``(aa) a description of the number of employees the 
     eligible recipient was able to retain because of the covered 
     loan;
       ``(bb) the estimated amount of the covered loan amount 
     spent by the eligible recipient on payroll costs; and
       ``(cc) the total loan value;
       ``(ii) attests that the eligible recipient has--

       ``(I) accurately provided the required certification; and
       ``(II) complied with the requirements under section 
     7(a)(36); and

       ``(iii) retains records relevant to the form that prove 
     compliance with such requirements--

       ``(I) with respect to employment records, for the 4-year 
     period following submission of the form; and
       ``(II) with respect to other records, for the 3-year period 
     following submission of the form.

       ``(B) Limitation on requiring additional materials.--An 
     eligible recipient of a covered loan that is not more than 
     $150,000 shall not, at the time of the application for 
     forgiveness, be required to submit any application or 
     documentation in addition to the certification and 
     information required to substantiate forgiveness.
       ``(C) Records for other requirements.--Nothing in 
     subparagraph (A) or (B) shall be construed to exempt an 
     eligible recipient from having to provide documentation 
     independently to a lender to satisfy relevant Federal, State, 
     local, or other statutory or regulatory requirements, or in 
     connection with an audit as authorized under subparagraph 
     (E).
       ``(D) Demographic information.--The certification 
     established by the Administrator under subparagraph (A) shall 
     include a means by which an eligible recipient may, at the 
     discretion of the eligible recipient, submit demographic 
     information of the owner of the eligible recipient, including 
     the sex, race, ethnicity, and veteran status of the owner.
       ``(E) Audit authority.--The Administrator may--
       ``(i) review and audit covered loans described in 
     subparagraph (A);
       ``(ii) access any records described in subparagraph 
     (A)(iii); and
       ``(iii) in the case of fraud, ineligibility, or other 
     material noncompliance with applicable loan or loan 
     forgiveness requirements, modify--

       ``(I) the amount of a covered loan described in 
     subparagraph (A); or
       ``(II) the loan forgiveness amount with respect to a 
     covered loan described in subparagraph (A).

       ``(2) Covered loans of more than $150,000.--
       ``(A) In general.--With respect to a covered loan in an 
     amount that is more than $150,000, the eligible recipient 
     shall submit to the lender that is servicing the covered loan 
     the documentation described in subsection (e).
       ``(B) Demographic information.--The process for submitting 
     the documentation described in subsection (e) shall include a 
     means by which an eligible recipient may, at the discretion 
     of the eligible recipient, submit demographic information of 
     the owner of the eligible recipient, including the sex, race, 
     ethnicity, and veteran status of the owner.
       ``(3) Forgiveness audit plan.--
       ``(A) In general.--Not later than 45 days after the date of 
     enactment of the Economic Aid to Hard-Hit Small Businesses, 
     Nonprofits, and Venues Act, the Administrator shall submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives an audit plan that details--
       ``(i) the policies and procedures of the Administrator for 
     conducting forgiveness reviews and audits of covered loans; 
     and
       ``(ii) the metrics that the Administrator shall use to 
     determine which covered loans will be audited.
       ``(B) Reports.--Not later than 30 days after the date on 
     which the Administrator submits the audit plan required under 
     subparagraph (A), and each month thereafter, the 
     Administrator shall submit to the Committee on Small Business 
     and Entrepreneurship of the Senate and the Committee on Small 
     Business of the House of Representatives a report on the 
     forgiveness review and audit activities of the Administrator 
     under this subsection, which shall include--
       ``(i) the number of active reviews and audits;
       ``(ii) the number of reviews and audits that have been 
     ongoing for more than 60 days; and
       ``(iii) any substantial changes made to the audit plan 
     submitted under subparagraph (A).''.
       (b) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 308. SPECIFIC GROUP INSURANCE PAYMENTS AS PAYROLL COSTS.

       (a) In General.--Section 7(a)(36)(A)(viii)(I)(aa)(EE) of 
     the Small Business Act (15 U.S.C. 
     636(a)(36)(A)(viii)(I)(aa)(EE)) is amended by inserting ``or 
     group life, disability, vision, or dental insurance'' before 
     ``benefits''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 309. DEMOGRAPHIC INFORMATION.

       On and after the date of enactment of this Act, any loan 
     origination application for a loan under paragraph (36) or 
     (37) of section 7(a) of the Small Business Act (15 U.S.C. 
     636(a)), as amended and added by this division, shall include 
     a means by which the applicant for the loan may, at the 
     discretion of the applicant, submit demographic information 
     of the owner of the recipient of the loan, including the sex, 
     race, ethnicity, and veteran status of the owner.

     SEC. 310. CLARIFICATION OF AND ADDITIONAL LIMITATIONS ON 
                   ELIGIBILITY.

       (a) Date in Operation.--
       (1) In general.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)) is amended by adding at the end the 
     following:
       ``(T) Requirement for date in operation.--A business or 
     organization that was not in operation on February 15, 2020 
     shall not be eligible for a loan under this paragraph.''.
       (2) Effective date; applicability.--The amendment made by 
     paragraph (1) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.
       (b) Exclusion of Entities Receiving Shuttered Venue 
     Operator Grants.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by subsection (a) of this 
     section, is amended by adding at the end the following:
       ``(U) Exclusion of entities receiving shuttered venue 
     operator grants.--An eligible person or entity (as defined 
     under of section 24 of the Economic Aid to Hard-Hit Small 
     Businesses, Nonprofits, and Venues Act) that receives a grant 
     under such section 24 shall not be eligible for a loan under 
     this paragraph.''.

     SEC. 311. PAYCHECK PROTECTION PROGRAM SECOND DRAW LOANS.

       (a) In General.--Section 7(a) of the Small Business Act (15 
     U.S.C. 636(a)) is amended by adding at the end the following:
       ``(37) Paycheck protection program second draw loans.--
       ``(A) Definitions.--In this paragraph--
       ``(i) the terms `eligible self-employed individual', 
     `housing cooperative', `nonprofit organization', `payroll 
     costs', `seasonal employer', and `veterans organization' have 
     the meanings given those terms in paragraph (36), except that 
     `eligible entity' shall be substituted for `eligible 
     recipient' each place it appears in the definitions of those 
     terms;
       ``(ii) the term `covered loan' means a loan made under this 
     paragraph;
       ``(iii) the terms `covered mortgage obligation', `covered 
     operating expenditure', `covered property damage cost', 
     `covered rent obligation', `covered supplier cost', `covered 
     utility payment', and `covered worker protection expenditure' 
     have the meanings given those terms in section 7A(a);
       ``(iv) the term `eligible entity'--

       ``(I) means any business concern, nonprofit organization, 
     housing cooperative, veterans organization, Tribal business 
     concern, eligible self-employed individual, sole proprietor, 
     independent contractor, or small agricultural cooperative 
     that--

       ``(aa) employs not more than 300 employees; and
       ``(bb)(AA) except as provided in subitems (BB), (CC), and 
     (DD), had gross receipts during the first, second, third, or, 
     only with respect to an application submitted on or after 
     January 1, 2021, fourth quarter in 2020 that demonstrate not 
     less than a 25 percent reduction from the gross receipts of 
     the entity during the same quarter in 2019;
       ``(BB) if the entity was not in business during the first 
     or second quarter of 2019, but was in business during the 
     third and fourth quarter of 2019, had gross receipts during 
     the first, second, third, or, only with respect to an 
     application submitted on or after January 1, 2021, fourth 
     quarter of 2020 that demonstrate not less than a 25 percent 
     reduction from the gross receipts of the entity during the 
     third or fourth quarter of 2019;
       ``(CC) if the entity was not in business during the first, 
     second, or third quarter of 2019, but was in business during 
     the fourth quarter of 2019, had gross receipts during the 
     first, second, third, or, only with respect to an application 
     submitted on or after January 1, 2021, fourth quarter of 2020 
     that demonstrate not less than a 25 percent reduction from 
     the gross receipts of the entity during the fourth quarter of 
     2019; or
       ``(DD) if the entity was not in business during 2019, but 
     was in operation on February 15, 2020, had gross receipts 
     during the second, third, or, only with respect to an 
     application submitted on or after January 1, 2021, fourth 
     quarter of 2020

[[Page H7543]]

     that demonstrate not less than a 25 percent reduction from 
     the gross receipts of the entity during the first quarter of 
     2020;

       ``(II) includes a business concern or organization made 
     eligible for a loan under paragraph (36) under clause 
     (iii)(II), (iv)(IV), or (vii) of subparagraph (D) of 
     paragraph (36) and that meets the requirements described in 
     items (aa) and (bb) of subclause (I); and
       ``(III) does not include--

       ``(aa) any entity that is a type of business concern (or 
     would be, if such entity were a business concern) described 
     in section 120.110 of title 13, Code of Federal Regulations 
     (or in any successor regulation or other related guidance or 
     rule that may be issued by the Administrator) other than a 
     business concern described in subsection (a) or (k) of such 
     section; or
       ``(bb) any business concern or entity primarily engaged in 
     political or lobbying activities, which shall include any 
     entity that is organized for research or for engaging in 
     advocacy in areas such as public policy or political strategy 
     or otherwise describes itself as a think tank in any public 
     documents;
       ``(cc) any business concern or entity--
       ``(AA) for which an entity created in or organized under 
     the laws of the People's Republic of China or the Special 
     Administrative Region of Hong Kong, or that has significant 
     operations in the People's Republic of China or the Special 
     Administrative Region of Hong Kong, owns or holds, directly 
     or indirectly, not less than 20 percent of the economic 
     interest of the business concern or entity, including as 
     equity shares or a capital or profit interest in a limited 
     liability company or partnership; or
       ``(BB) that retains, as a member of the board of directors 
     of the business concern, a person who is a resident of the 
     People's Republic of China;
       ``(dd) any person required to submit a registration 
     statement under section 2 of the Foreign Agents Registration 
     Act of 1938 (22 U.S.C. 612); or
       ``(ee) an eligible person or entity (as defined under 
     section 24 of the Economic Aid to Hard-Hit Small Businesses, 
     Nonprofits, and Venues Act) that receives a grant under such 
     section 24; and
       ``(v) the term `Tribal business concern' means a Tribal 
     business concern described in section 31(b)(2)(C).
       ``(B) Loans.--Except as otherwise provided in this 
     paragraph, the Administrator may guarantee covered loans to 
     eligible entities under the same terms, conditions, and 
     processes as a loan made under paragraph (36).
       ``(C) Maximum loan amount.--
       ``(i) In general.--Except as otherwise provided in this 
     subparagraph, the maximum amount of a covered loan made to an 
     eligible entity is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payment for payroll costs incurred or paid by 
     the eligible entity during--
       ``(AA) the 1-year period before the date on which the loan 
     is made; or
       ``(BB) calendar year 2019; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(ii) Seasonal employers.--The maximum amount of a covered 
     loan made to an eligible entity that is a seasonal employer 
     is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payments for payroll costs incurred or paid by 
     the eligible entity for any 12-week period between February 
     15, 2019 and February 15, 2020; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iii) New entities.--The maximum amount of a covered loan 
     made to an eligible entity that did not exist during the 1-
     year period preceding February 15, 2020 is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) the quotient obtained by dividing--
       ``(AA) the sum of the total monthly payments by the 
     eligible entity for payroll costs paid or incurred by the 
     eligible entity as of the date on which the eligible entity 
     applies for the covered loan; by
       ``(BB) the number of months in which those payroll costs 
     were paid or incurred; by
       ``(bb) 2.5; or

       ``(II) $2,000,000.

       ``(iv) NAICS 72 entities.--The maximum amount of a covered 
     loan made to an eligible entity that is assigned a North 
     American Industry Classification System code beginning with 
     72 at the time of disbursal is the lesser of--

       ``(I) the product obtained by multiplying--

       ``(aa) at the election of the eligible entity, the average 
     total monthly payment for payroll costs incurred or paid by 
     the eligible entity during--
       ``(AA) the 1-year period before the date on which the loan 
     is made; or
       ``(BB) calendar year 2019; by
       ``(bb) 3.5; or

       ``(II) $2,000,000.

       ``(D) Business concerns with more than 1 physical 
     location.--
       ``(i) In general.--For a business concern with more than 1 
     physical location, the business concern shall be an eligible 
     entity if the business concern would be eligible for a loan 
     under paragraph (36) pursuant to clause (iii) of subparagraph 
     (D) of such paragraph, as applied in accordance with clause 
     (ii) of this subparagraph, and meets the revenue reduction 
     requirements described in item (bb) of subparagraph 
     (A)(iv)(I).
       ``(ii) Size limit.--For purposes of applying clause (i), 
     the Administrator shall substitute `not more than 300 
     employees' for `not more than 500 employees' in paragraph 
     (36)(D)(iii).
       ``(E) Waiver of affiliation rules.--
       ``(i) In general.--The waiver described in paragraph 
     (36)(D)(iv) shall apply for purposes of determining 
     eligibility under this paragraph.
       ``(ii) Size limit.--For purposes of applying clause (i), 
     the Administrator shall substitute `not more than 300 
     employees' for `not more than 500 employees' in subclause (I) 
     and (IV) of paragraph (36)(D)(iv).
       ``(F) Loan number limitation.--An eligible entity may only 
     receive 1 covered loan.
       ``(G) Exception from certain certification requirements.--
     An eligible entity applying for a covered loan shall not be 
     required to make the certification described in clause (iii) 
     or (iv) of paragraph (36)(G).
       ``(H) Fee waiver.--With respect to a covered loan--
       ``(i) in lieu of the fee otherwise applicable under 
     paragraph (23)(A), the Administrator shall collect no fee; 
     and
       ``(ii) in lieu of the fee otherwise applicable under 
     paragraph (18)(A), the Administrator shall collect no fee.
       ``(I) Gross receipts and simplified certification of 
     revenue test.--
       ``(i) Loans of up to $150,000.--For a covered loan of not 
     more than $150,000, the eligible entity--

       ``(I) may submit a certification attesting that the 
     eligible entity meets the applicable revenue loss requirement 
     under subparagraph (A)(iv)(I)(bb); and
       ``(II) if the eligible entity submits a certification under 
     subclause (I), shall, on or before the date on which the 
     eligible entity submits an application for forgiveness under 
     subparagraph (J), produce adequate documentation that the 
     eligible entity met such revenue loss standard.

       ``(ii) For nonprofit and veterans organizations.--For 
     purposes of calculating gross receipts under subparagraph 
     (A)(iv)(I)(bb) for an eligible entity that is a nonprofit 
     organization, a veterans organization, or an organization 
     described in subparagraph (A)(iv)(II), gross receipts means 
     gross receipts within the meaning of section 6033 of the 
     Internal Revenue Code of 1986.
       ``(J) Loan forgiveness.--
       ``(i) Definition of covered period.--In this subparagraph, 
     the term `covered period' has the meaning given that term in 
     section 7A(a).
       ``(ii) Forgiveness generally.--Except as otherwise provided 
     in this subparagraph, an eligible entity shall be eligible 
     for forgiveness of indebtedness on a covered loan in the same 
     manner as an eligible recipient with respect to a loan made 
     under paragraph (36) of this section, as described in section 
     7A.
       ``(iii) Forgiveness amount.--An eligible entity shall be 
     eligible for forgiveness of indebtedness on a covered loan in 
     an amount equal to the sum of the following costs incurred or 
     expenditures made during the covered period:

       ``(I) Payroll costs, excluding any payroll costs that are--

       ``(aa) qualified wages, as defined in subsection (c)(3) of 
     section 2301 of the CARES Act (26 U.S.C. 3111 note), taken 
     into account in determining the credit allowed under such 
     section; or
       ``(bb) qualified wages taken into account in determining 
     the credit allowed under subsection (a) or (d) of section 303 
     of the Taxpayer Certainty and Disaster Relief Act of 2020.

       ``(II) Any payment of interest on any covered mortgage 
     obligation (which shall not include any prepayment of or 
     payment of principal on a covered mortgage obligation).
       ``(III) Any covered operations expenditure.
       ``(IV) Any covered property damage cost.
       ``(V) Any payment on any covered rent obligation.
       ``(VI) Any covered utility payment.
       ``(VII) Any covered supplier cost.
       ``(VIII) Any covered worker protection expenditure.

       ``(iv) Limitation on forgiveness for all eligible 
     entities.--Subject to any reductions under section 7A(d), the 
     forgiveness amount under this subparagraph shall be equal to 
     the lesser of--

       ``(I) the amount described in clause (ii); and
       ``(II) the amount equal to the quotient obtained by 
     dividing--

       ``(aa) the amount of the covered loan used for payroll 
     costs during the covered period; and
       ``(bb) 0.60.
       ``(v) Submission of materials for forgiveness.--For 
     purposes of applying subsection (l)(1) of section 7A to a 
     covered loan of not more than $150,000 under this paragraph, 
     an eligible entity may be required to provide, at the time of 
     the application for forgiveness, documentation required to 
     substantiate revenue loss in accordance with subparagraph 
     (I).
       ``(K) Lender eligibility.--Except as otherwise provided in 
     this paragraph, a lender approved to make loans under 
     paragraph (36) may make covered loans under the same terms 
     and conditions as in paragraph (36).
       ``(L) Reimbursement for loan processing and servicing.--The 
     Administrator shall reimburse a lender authorized to make a 
     covered loan--
       ``(i) for a covered loan of not more than $50,000, in an 
     amount equal to the lesser of--

       ``(I) 50 percent of the balance of the financing 
     outstanding at the time of disbursement of the covered loan; 
     or
       ``(II) $2,500;

       ``(ii) at a rate, based on the balance of the financing 
     outstanding at the time of disbursement of the covered loan, 
     of--

       ``(I) 5 percent for a covered loan of more than $50,000 and 
     not more than $350,000; and
       ``(II) 3 percent for a covered loan of more than $350,000.

       ``(M) Publication of guidance.--Not later than 10 days 
     after the date of enactment of this paragraph, the 
     Administrator shall issue guidance addressing barriers to 
     accessing capital for minority, underserved, veteran, and 
     women-owned business concerns for the purpose of ensuring 
     equitable access to covered loans.
       ``(N) Standard operating procedure.--The Administrator 
     shall, to the maximum extent

[[Page H7544]]

     practicable, allow a lender approved to make covered loans to 
     use existing program guidance and standard operating 
     procedures for loans made under this subsection.
       ``(O) Supplemental covered loans.--A covered loan under 
     this paragraph may only be made to an eligible entity that--
       ``(i) has received a loan under paragraph (36); and
       ``(ii) on or before the expected date on which the covered 
     loan under this paragraph is disbursed to the eligible 
     entity, has used, or will use, the full amount of the loan 
     received under paragraph (36).''.
       (b) Application of Exemption Based on Employee 
     Availability.--
       (1) In general.--Section 7A(d) of the Small Business Act, 
     as redesignated and transferred by section 304 of this Act, 
     is amended--
       (A) in paragraph (5)(B), by inserting ``(or, with respect 
     to a covered loan made on or after the date of enactment of 
     the Economic Aid to Hard-Hit Small Businesses, Nonprofits, 
     and Venues Act, not later than the last day of the covered 
     period with respect to such covered loan)'' after ``December 
     31, 2020'' each place it appears; and
       (B) in paragraph (7)--
       (i) by inserting ``(or, with respect to a covered loan made 
     on or after the date of enactment of the Economic Aid to 
     Hard-Hit Small Businesses, Nonprofits, and Venues Act, ending 
     on the last day of the covered period with respect to such 
     covered loan)'' after ``December 31, 2020'' the first and 
     third places it appears; and
       (ii) by inserting ``(or, with respect to a covered loan 
     made on or after the date of enactment of the Economic Aid to 
     Hard-Hit Small Businesses, Nonprofits, and Venues Act, on or 
     before the last day of the covered period with respect to 
     such covered loan)'' after ``December 31, 2020'' the second 
     place it appears.
       (2) Modification of dates.--The Administrator and the 
     Secretary of the Treasury may jointly, by regulation, modify 
     any date in section 7A(d) of the Small Business Act, as 
     redesignated and transferred by section 304 of this Act, 
     other than a deadline established under an amendment made by 
     paragraph (1), in a manner consistent with the purposes of 
     the Paycheck Protection Program to help businesses retain 
     workers and meet financial obligations.
       (c) Eligible Churches and Religious Organizations.--
       (1) Sense of congress.--It is the sense of Congress that 
     the interim final rule of the Administration entitled 
     ``Business Loan Program Temporary Changes; Paycheck 
     Protection Program'' (85 Fed. Reg. 20817 (April 15, 2020)) 
     properly clarified the eligibility of churches and religious 
     organizations for loans made under paragraph (36) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)).
       (2) Applicability of prohibition.--The prohibition on 
     eligibility established by section 120.110(k) of title 13, 
     Code of Federal Regulations, or any successor regulation, 
     shall not apply to a loan under paragraph (36) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)).

     SEC. 312. INCREASED ABILITY FOR PAYCHECK PROTECTION PROGRAM 
                   BORROWERS TO REQUEST AN INCREASE IN LOAN AMOUNT 
                   DUE TO UPDATED REGULATIONS.

       (a) Definitions.--In this section--
       (1) the terms ``covered loan'' and ``eligible recipient'' 
     have the meanings given those terms in 7(a)(36)(A) of the 
     Small Business Act (15 U.S.C. 636(a)(36)(A)); and
       (2) the term ``included covered loan'' means a covered loan 
     for which, as of the date of enactment of this Act, the 
     borrower had not received forgiveness under section 1106 of 
     the CARES Act, as in effect on the day before such date of 
     enactment.
       (b) Rules or Guidance.--Not later than 17 days after the 
     date of enactment of this Act, and without regard to the 
     notice requirements under section 553(b) of title 5, United 
     States Code, the Administrator shall issue rules or guidance 
     to ensure that an eligible recipient of an included covered 
     loan that returns amounts disbursed under the included 
     covered loan or does not accept the full amount of the 
     included covered loan for which the eligible recipient was 
     approved--
       (1) in the case of an eligible recipient that returned all 
     or part of an included covered loan, the eligible recipient 
     may reapply for a covered loan for an amount equal to the 
     difference between the amount retained and the maximum amount 
     applicable; and
       (2) in the case of an eligible recipient that did not 
     accept the full amount of an included covered loan, the 
     eligible recipient may request a modification to increase the 
     amount of the covered loan to the maximum amount applicable, 
     subject to the requirements of section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)).
       (c) Interim Final Rules.--Notwithstanding the interim final 
     rule issued by the Administration entitled ``Business Loan 
     Program Temporary Changes; Paycheck Protection Program--Loan 
     Increases'' (85 Fed. Reg. 29842 (May 19, 2020)), an eligible 
     recipient of an included covered loan that is eligible for an 
     increased covered loan amount as a result of any interim 
     final rule that allows for covered loan increases may submit 
     a request for an increase in the included covered loan amount 
     even if--
       (1) the initial covered loan amount has been fully 
     disbursed; or
       (2) the lender of the initial covered loan has submitted to 
     the Administration a Form 1502 report related to the covered 
     loan.

     SEC. 313. CALCULATION OF MAXIMUM LOAN AMOUNT FOR FARMERS AND 
                   RANCHERS UNDER THE PAYCHECK PROTECTION PROGRAM.

       (a) In General.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)), as amended by section 310 of this 
     Act, is amended--
       (1) in subparagraph (E), in the matter preceding clause 
     (i), by striking ``During'' and inserting ``Except as 
     provided in subparagraph (V), during''; and
       (2) by adding at the end the following:
       ``(V) Calculation of maximum loan amount for farmers and 
     ranchers.--
       ``(i) Definition.--In this subparagraph, the term `covered 
     recipient' means an eligible recipient that--

       ``(I) operates as a sole proprietorship or as an 
     independent contractor, or is an eligible self-employed 
     individual;
       ``(II) reports farm income or expenses on a Schedule F (or 
     any equivalent successor schedule); and
       ``(III) was in business as of February 15, 2020.

       ``(ii) No employees.--With respect to covered recipient 
     without employees, the maximum covered loan amount shall be 
     the lesser of--

       ``(I) the sum of--

       ``(aa) the product obtained by multiplying--
       ``(AA) the gross income of the covered recipient in 2019, 
     as reported on a Schedule F (or any equivalent successor 
     schedule), that is not more than $100,000, divided by 12; and
       ``(BB) 2.5; and
       ``(bb) the outstanding amount of a loan under subsection 
     (b)(2) that was made during the period beginning on January 
     31, 2020 and ending on April 3, 2020 that the borrower 
     intends to refinance under the covered loan, not including 
     any amount of any advance under the loan that is not required 
     to be repaid; or

       ``(II) $2,000,000.

       ``(iii) With employees.--With respect to a covered 
     recipient with employees, the maximum covered loan amount 
     shall be calculated using the formula described in 
     subparagraph (E), except that the gross income of the covered 
     recipient described in clause (ii)(I)(aa)(AA) of this 
     subparagraph, as divided by 12, shall be added to the sum 
     calculated under subparagraph (E)(i)(I).
       ``(iv) Recalculation.--A lender that made a covered loan to 
     a covered recipient before the date of enactment of this 
     subparagraph may, at the request of the covered recipient--

       ``(I) recalculate the maximum loan amount applicable to 
     that covered loan based on the formula described in clause 
     (ii) or (iii), as applicable, if doing so would result in a 
     larger covered loan amount; and
       ``(II) provide the covered recipient with additional 
     covered loan amounts based on that recalculation.''.

       (b) Effective Date; Applicability.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by subsection (a) shall be effective as if 
     included in the CARES Act (Public Law 116-136; 134 Stat. 281) 
     and shall apply to any loan made pursuant to section 7(a)(36) 
     of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, 
     or after the date of enactment of this Act, including 
     forgiveness of such a loan.
       (2) Exclusion of loans already forgiven.--The amendments 
     made by subsection (a) shall not apply to a loan made 
     pursuant to section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)) for which the borrower received 
     forgiveness before the date of enactment of this Act under 
     section 1106 of the CARES Act, as in effect on the day before 
     such date of enactment.

     SEC. 314. FARM CREDIT SYSTEM INSTITUTIONS.

       (a) Definition of Farm Credit System Institution.--In this 
     section, the term ``Farm Credit System institution''--
       (1) means an institution of the Farm Credit System 
     chartered under the Farm Credit Act of 1971 (12 U.S.C. 2001 
     et seq.); and
       (2) does not include the Federal Agricultural Mortgage 
     Corporation.
       (b) Facilitation of Participation in PPP and Second Draw 
     Loans.--
       (1) Applicable rules.--Solely with respect to loans under 
     paragraphs (36) and (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), Farm Credit Administration 
     regulations and guidance issued as of July 14, 2020, and 
     compliance with such regulations and guidance, shall be 
     deemed functionally equivalent to requirements referenced in 
     section 3(a)(iii)(II) of the interim final rule of the 
     Administration entitled ``Business Loan Program Temporary 
     Changes; Paycheck Protection Program'' (85 Fed. Reg. 20811 
     (April 15, 2020)) or any similar requirement referenced in 
     that interim final rule in implementing such paragraph (37).
       (2) Applicability of certain loan requirements.--For 
     purposes of making loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgiving those loans in accordance with section 7A of the 
     Small Business Act, as redesignated and transferred by 
     section 304 of this Act, and subparagraph (J) of such 
     paragraph (37), sections 4.13, 4.14, and 4.14A of the Farm 
     Credit Act of 1971 (12 U.S.C. 2199, 2202, 2202a) (including 
     regulations issued under those sections) shall not apply.
       (3) Risk weight.--
       (A) In general.--With respect to the application of Farm 
     Credit Administration capital requirements, a loan described 
     in subparagraph (B)--
       (i) shall receive a risk weight of zero percent; and
       (ii) shall not be included in the calculation of any 
     applicable leverage ratio or other applicable capital ratio 
     or calculation.
       (B) Loans described.--A loan referred to in subparagraph 
     (A) is--
       (i) a loan made by a Farm Credit Bank described in section 
     1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 2002(a)) to 
     a Federal Land Bank Association, a Production Credit 
     Association, or an agricultural credit association described 
     in that section to make loans under paragraph (36) or (37) of 
     section 7(a) of the Small Business Act (15 U.S.C. 636(a)) or 
     forgive

[[Page H7545]]

     those loans in accordance with section 7A of the Small 
     Business Act, as redesignated and transferred by section 304 
     of this Act, and subparagraph (J) of such paragraph (37); or
       (ii) a loan made by a Federal Land Bank Association, a 
     Production Credit Association, an agricultural credit 
     association, or the bank for cooperatives described in 
     section 1.2(a) of the Farm Credit Act of 1971 (12 U.S.C. 
     2002(a)) under paragraph (36) or (37) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)).
       (c) Effective Date; Applicability.--This section shall be 
     effective as if included in the CARES Act (Public Law 116-
     136; 134 Stat. 281) and shall apply to any loan made pursuant 
     to section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) before, on, or after the date of enactment of 
     this Act, including forgiveness of such a loan.

     SEC. 315. DEFINITION OF SEASONAL EMPLOYER.

       (a) PPP Loans.--Section 7(a)(36)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(A)) is amended--
       (1) in clause (xi), by striking ``and'' at the end;
       (2) in clause (xii), by striking the period at the end and 
     inserting a semicolon; and
       (3) by adding at the end the following:
       ``(xiii) the term `seasonal employer' means an eligible 
     recipient that--

       ``(I) does not operate for more than 7 months in any 
     calendar year; or
       ``(II) during the preceding calendar year, had gross 
     receipts for any 6 months of that year that were not more 
     than 33.33 percent of the gross receipts of the employer for 
     the other 6 months of that year;''.

       (b) Loan Forgiveness.--Paragraph (12) of section 7A(a) of 
     the Small Business Act, as so redesignated and transferred by 
     section 304 of this Act, is amended to read as follows:
       ``(12) the terms `payroll costs' and `seasonal employer' 
     have the meanings given those terms in section 7(a)(36).''.
       (c) Effective Date; Applicability.--The amendments made by 
     subsections (a) and (b) shall be effective as if included in 
     the CARES Act (Public Law 116-136; 134 Stat. 281) and shall 
     apply to any loan made pursuant to section 7(a)(36) of the 
     Small Business Act (15 U.S.C. 636(a)(36)) before, on, or 
     after the date of enactment of this Act, including 
     forgiveness of such a loan.

     SEC. 316. HOUSING COOPERATIVES.

       Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) is amended--
       (1) in subparagraph (A), as amended by section 315(a) of 
     this Act, by adding at the end the following:
       ``(xiv) the term `housing cooperative' means a cooperative 
     housing corporation (as defined in section 216(b) of the 
     Internal Revenue Code of 1986) that employs not more than 300 
     employees;''; and
       (2) in subparagraph (D)--
       (A) in clause (i), by inserting ``housing cooperative,'' 
     before ``veterans organization,'' each place it appears; and
       (B) in clause (vi), by inserting ``, a housing 
     cooperative,'' before ``a veterans organization''.

     SEC. 317. ELIGIBILITY OF NEWS ORGANIZATIONS FOR LOANS UNDER 
                   THE PAYCHECK PROTECTION PROGRAM.

       (a) Eligibility of Individual Stations, Newspapers, and 
     Public Broadcasting Organizations.--Section 7(a)(36)(D)(iii) 
     of the Small Business Act (15 U.S.C. 636(a)(36)(D)(iii)) is 
     amended--
       (1) by striking ``During the covered period'' and inserting 
     the following:

       ``(I) In general.--During the covered period''; and

       (2) by adding at the end the following

       ``(II) Eligibility of news organizations.--

       ``(aa) Definition.--In this subclause, the term `included 
     business concern' means a business concern, including any 
     station which broadcasts pursuant to a license granted by the 
     Federal Communications Commission under title III of the 
     Communications Act of 1934 (47 U.S.C. 301 et seq.) without 
     regard for whether such a station is a concern as defined in 
     section 121.105 of title 13, Code of Federal Regulations, or 
     any successor thereto--
       ``(AA) that employs not more than 500 employees, or the 
     size standard established by the Administrator for the North 
     American Industry Classification System code applicable to 
     the business concern, per physical location of such business 
     concern; or
       ``(BB) any nonprofit organization or any organization 
     otherwise subject to section 511(a)(2)(B) of the Internal 
     Revenue Code of 1986 that is a public broadcasting entity (as 
     defined in section 397(11) of the Communications Act of 1934 
     (47 U.S.C. 397(11))).
       ``(bb) Eligibility.--During the covered period, an included 
     business concern shall be eligible to receive a covered loan 
     if--
       ``(AA) the included business concern is majority owned or 
     controlled by a business concern that is assigned a North 
     American Industry Classification System code beginning with 
     511110 or 5151 or, with respect to a public broadcasting 
     entity (as defined in section 397(11) of the Communications 
     Act of 1934 (47 U.S.C. 397(11))), has a trade or business 
     that falls under such a code; and
       ``(BB) the included business concern makes a good faith 
     certification that proceeds of the loan will be used to 
     support expenses at the component of the included business 
     concern that produces or distributes locally focused or 
     emergency information.''.
       (b) Eligibility of Affiliated Entities.--Section 
     7(a)(36)(D)(iv) of the Small Business Act (15 U.S.C. 
     636(a)(36)(D)(iv)) is amended--
       (1) in subclause (II), by striking ``and'' at the end;
       (2) in subclause (III), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:

       ``(IV)(aa) any business concern (including any station 
     which broadcasts pursuant to a license granted by the Federal 
     Communications Commission under title III of the 
     Communications Act of 1934 (47 U.S.C. 301 et seq.) without 
     regard for whether such a station is a concern as defined in 
     section 121.105 of title 13, Code of Federal Regulations, or 
     any successor thereto) that employs not more than 500 
     employees, or the size standard established by the 
     Administrator for the North American Industry Classification 
     System code applicable to the business concern, per physical 
     location of such business concern and is majority owned or 
     controlled by a business concern that is assigned a North 
     American Industry Classification System code beginning with 
     511110 or 5151; or
       ``(bb) any nonprofit organization that is assigned a North 
     American Industry Classification System code beginning with 
     5151.''.

       (c) Application of Prohibition on Publicly Traded 
     Companies.--Clause (viii) of section 7(a)(36)(D) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(D), as added by section 
     342 of this Act is amended--
       (1) by striking ``Notwithstanding'' and inserting the 
     following:

       ``(I) In general.--Subject to subclause (II), and 
     notwithstanding''; and

       (2) by adding at the end--

       ``(II) Rule for affiliated entities.--With respect to a 
     business concern made eligible by clause (iii)(II) or clause 
     (iv)(IV) of this subparagraph, the Administrator shall not 
     consider whether any affiliated entity, which for purposes of 
     this subclause shall include any entity that owns or controls 
     such business concern, is an issuer.''.

     SEC. 318. ELIGIBILITY OF 501(C)(6) AND DESTINATION MARKETING 
                   ORGANIZATIONS FOR LOANS UNDER THE PAYCHECK 
                   PROTECTION PROGRAM.

       Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) is amended--
       (1) in subparagraph (A), as amended by section 316 of this 
     Act, by adding at the end the following:
       ``(xv) the term `destination marketing organization' means 
     a nonprofit entity that is--

       ``(I) an organization described in section 501(c) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code; or
       ``(II) a State, or a political subdivision of a State 
     (including any instrumentality of such entities)--

       ``(aa) engaged in marketing and promoting communities and 
     facilities to businesses and leisure travelers through a 
     range of activities, including--
       ``(AA) assisting with the location of meeting and 
     convention sites;
       ``(BB) providing travel information on area attractions, 
     lodging accommodations, and restaurants;
       ``(CC) providing maps; and
       ``(DD) organizing group tours of local historical, 
     recreational, and cultural attractions; or
       ``(bb) that is engaged in, and derives the majority of the 
     operating budget of the entity from revenue attributable to, 
     providing live events; and''; and
       (2) in subparagraph (D), as amended by section 316 of this 
     Act--
       (A) in clause (v), by inserting ``or for purposes of 
     determining the number of employees of a housing cooperative 
     or a business concern or organization made eligible for a 
     loan under this paragraph under clause (iii)(II), (iv)(IV), 
     or (vii),'' after ``clause (i)(I),'';
       (B) in clause (vi), by inserting ``a business concern or 
     organization made eligible for a loan under this paragraph 
     under clause (vii),'' after ``a nonprofit organization,''; 
     and
       (C) by adding at the end the following:
       ``(vii) Eligibility for certain 501(c)(6) organizations.--

       ``(I) In general.--Any organization that is described in 
     section 501(c)(6) of the Internal Revenue Code and that is 
     exempt from taxation under section 501(a) of such Code 
     (excluding professional sports leagues and organizations with 
     the purpose of promoting or participating in a political 
     campaign or other activity) shall be eligible to receive a 
     covered loan if--

       ``(aa) the organization does not receive more than 15 
     percent of its receipts from lobbying activities;
       ``(bb) the lobbying activities of the organization do not 
     comprise more than 15 percent of the total activities of the 
     organization;
       ``(cc) the cost of the lobbying activities of the 
     organization did not exceed $1,000,000 during the most recent 
     tax year of the organization that ended prior to February 15, 
     2020; and
       ``(dd) the organization employs not more than 300 
     employees.

       ``(II) Destination marketing organizations.--Any 
     destination marketing organization shall be eligible to 
     receive a covered loan if--

       ``(aa) the destination marketing organization does not 
     receive more than 15 percent of its receipts from lobbying 
     activities;
       ``(bb) the lobbying activities of the destination marketing 
     organization do not comprise more than 15 percent of the 
     total activities of the organization;
       ``(cc) the cost of the lobbying activities of the 
     destination marketing organization did not exceed $1,000,000 
     during the most recent tax year of the destination marketing 
     organization that ended prior to February 15, 2020; and
       ``(dd) the destination marketing organization employs not 
     more than 300 employees; and
       ``(ee) the destination marketing organization--
       ``(AA) is described in section 501(c) of the Internal 
     Revenue Code and is exempt from taxation under section 501(a) 
     of such Code; or
       ``(BB) is a quasi-governmental entity or is a political 
     subdivision of a State or local government, including any 
     instrumentality of those entities.''.

[[Page H7546]]

  


     SEC. 319. PROHIBITION ON USE OF LOAN PROCEEDS FOR LOBBYING 
                   ACTIVITIES.

       Section 7(a)(36)(F) of the Small Business Act (15 U.S.C. 
     636(a)(36)(F)) is amended by adding at the end the following:
       ``(vi) Prohibition.--None of the proceeds of a covered loan 
     may be used for--

       ``(I) lobbying activities, as defined in section 3 of the 
     Lobbying Disclosure Act of 1995 (2 U.S.C. 1602);
       ``(II) lobbying expenditures related to a State or local 
     election; or
       ``(III) expenditures designed to influence the enactment of 
     legislation, appropriations, regulation, administrative 
     action, or Executive order proposed or pending before 
     Congress or any State government, State legislature, or local 
     legislature or legislative body.''.

     SEC. 320. BANKRUPTCY PROVISIONS.

       (a) In General.--Section 364 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(g)(1) The court, after notice and a hearing, may 
     authorize a debtor in possession or a trustee that is 
     authorized to operate the business of the debtor under 
     section 1183, 1184, 1203, 1204, or 1304 of this title to 
     obtain a loan under paragraph (36) or (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), and such loan 
     shall be treated as a debt to the extent the loan is not 
     forgiven in accordance with section 7A of the Small Business 
     Act or subparagraph (J) of such paragraph (37), as 
     applicable, with priority equal to a claim of the kind 
     specified in subsection (c)(1) of this section.
       ``(2) The trustee may incur debt described in paragraph (1) 
     notwithstanding any provision in a contract, prior order 
     authorizing the trustee to incur debt under this section, 
     prior order authorizing the trustee to use cash collateral 
     under section 363, or applicable law that prohibits the 
     debtor from incurring additional debt.
       ``(3) The court shall hold a hearing within 7 days after 
     the filing and service of the motion to obtain a loan 
     described in paragraph (1). Notwithstanding the Federal Rules 
     of Bankruptcy Procedure, at such hearing, the court may grant 
     relief on a final basis.''.
       (b) Allowance of Administrative Expenses.--Section 503(b) 
     of title 11, United States Code, is amended--
       (1) in paragraph (8)(B), by striking ``and'' at the end;
       (2) in paragraph (9), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(10) any debt incurred under section 364(g)(1) of this 
     title.''.
       (c) Confirmation of Plan for Reorganization.--Section 1191 
     of title 11, United States Code, is amended by adding at the 
     end the following:
       ``(f) Special Provision Related to COVID-19 Pandemic.--
     Notwithstanding section 1129(a)(9)(A) of this title and 
     subsection (e) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed under subsection (b) of this 
     section if the plan proposes to make payments on account of 
     such claim when due under the terms of the loan giving rise 
     to such claim.''.
       (d) Confirmation of Plan for Family Farmers and 
     Fishermen.--Section 1225 of title 11, United States Code, is 
     amended by adding at the end the following:
       ``(d) Notwithstanding section 1222(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (e) Confirmation of Plan for Individuals.--Section 1325 of 
     title 11, United States Code, is amended by adding at the end 
     the following:
       ``(d) Notwithstanding section 1322(a)(2) of this title and 
     subsection (b)(1) of this section, a plan that provides for 
     payment of a claim of a kind specified in section 503(b)(10) 
     of this title may be confirmed if the plan proposes to make 
     payments on account of such claim when due under the terms of 
     the loan giving rise to such claim.''.
       (f) Effective Date; Sunset.--
       (1) Effective date.--The amendments made by subsections (a) 
     through (e) shall--
       (A) take effect on the date on which the Administrator 
     submits to the Director of the Executive Office for United 
     States Trustees a written determination that, subject to 
     satisfying any other eligibility requirements, any debtor in 
     possession or trustee that is authorized to operate the 
     business of the debtor under section 1183, 1184, 1203, 1204, 
     or 1304 of title 11, United States Code, would be eligible 
     for a loan under paragraphs (36) and (37) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)); and
       (B) apply to any case pending on or commenced on or after 
     the date described in subparagraph (A).
       (2) Sunset.--
       (A) In general.--If the amendments made by subsections (a) 
     through (e) take effect under paragraph (1), effective on the 
     date that is 2 years after the date of enactment of this 
     Act--
       (i) section 364 of title 11, United States Code, is amended 
     by striking subsection (g);
       (ii) section 503(b) of title 11, United States Code, is 
     amended--

       (I) in paragraph (8)(B), by adding ``and'' at the end;
       (II) in paragraph (9), by striking ``; and'' at the end and 
     inserting a period; and
       (III) by striking paragraph (10);

       (iii) section 1191 of title 11, United States Code, is 
     amended by striking subsection (f);
       (iv) section 1225 of title 11, United States Code, is 
     amended by striking subsection (d); and
       (v) section 1325 of title 11, United States Code, is 
     amended by striking subsection (d).
       (B) Applicability.--Notwithstanding the amendments made by 
     subparagraph (A) of this paragraph, if the amendments made by 
     subsections (a) through (e) take effect under paragraph (1) 
     of this subsection, such amendments shall apply to any case 
     under title 11, United States Code, commenced before the date 
     that is 2 years after the date of enactment of this Act.

     SEC. 321. OVERSIGHT.

       (a) Compliance With Oversight Requirements.--
       (1) In general.--Except as provided in paragraph (2), on 
     and after the date of enactment of this Act, the 
     Administrator shall comply with any data or information 
     requests or inquiries made by the Comptroller General of the 
     United States not later than 15 days (or such later date as 
     the Comptroller General may specify) after receiving the 
     request or inquiry.
       (2) Exception.--If the Administrator is unable to comply 
     with a request or inquiry described in paragraph (1) before 
     the applicable date described in that paragraph, the 
     Administrator shall, before such applicable date, submit to 
     the Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives a notification that includes a detailed 
     justification for the inability of the Administrator to 
     comply with the request or inquiry.
       (b) Testimony.--Not later than the date that is 120 days 
     after the date of enactment of this Act, and not less than 
     twice each year thereafter until the date that is 2 years 
     after the date of enactment of this Act, the Administrator 
     and the Secretary of the Treasury shall testify before the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives regarding implementation of this Act and the 
     amendments made by this Act.

     SEC. 322. CONFLICTS OF INTEREST.

       (a) Definitions.--In this section:
       (1) Controlling interest.--The term ``controlling 
     interest'' means owning, controlling, or holding not less 
     than 20 percent, by vote or value, of the outstanding amount 
     of any class of equity interest in an entity.
       (2) Covered entity.--
       (A) Definition.--The term ``covered entity'' means an 
     entity in which a covered individual directly or indirectly 
     holds a controlling interest.
       (B) Treatment of securities.--For the purpose of 
     determining whether an entity is a covered entity, the 
     securities owned, controlled, or held by 2 or more 
     individuals who are related as described in paragraph (3)(B) 
     shall be aggregated.
       (3) Covered individual.--The term ``covered individual'' 
     means--
       (A) the President, the Vice President, the head of an 
     Executive department, or a Member of Congress; and
       (B) the spouse, as determined under applicable common law, 
     of an individual described in subparagraph (A).
       (4) Executive department.--The term ``Executive 
     department'' has the meaning given the term in section 101 of 
     title 5, United States Code.
       (5) Member of congress.--The term ``Member of Congress'' 
     means a Member of the Senate or House of Representatives, a 
     Delegate to the House of Representatives, and the Resident 
     Commissioner from Puerto Rico.
       (6) Equity interest.--The term ``equity interest'' means--
       (A) a share in an entity, without regard to whether the 
     share is--
       (i) transferable; or
       (ii) classified as stock or anything similar;
       (B) a capital or profit interest in a limited liability 
     company or partnership; or
       (C) a warrant or right, other than a right to convert, to 
     purchase, sell, or subscribe to a share or interest described 
     in subparagraph (A) or (B), respectively.
       (b) Requirement for Disclosure Regarding Existing Loans.--
     For any loan under paragraph (36) of section 7(a) of the 
     Small Business Act (15 U.S.C. 636(a)) made to a covered 
     entity before the date of enactment of this Act--
       (1) if, before the date of enactment of this Act, the 
     covered entity submitted an application for forgiveness under 
     section 1106 of the CARES Act (15 U.S.C. 9005) (as such 
     section was in effect on the day before the date of enactment 
     of this Act) with respect to such loan, not later than 30 
     days after the date of enactment of this Act, the principal 
     executive officer, or individual performing a similar 
     function, of the covered entity shall disclose to the 
     Administrator that the entity is a covered entity; and
       (2) if, on or after the date of enactment of this Act, the 
     covered entity submits an application for forgiveness under 
     section 7A of the Small Business Act, as redesignated and 
     transferred by section 304 of this Act, with respect to such 
     loan, not later than 30 days after submitting the 
     application, the principal executive officer, or individual 
     performing a similar function, of the covered entity shall 
     disclose to the Administrator that the entity is a covered 
     entity.
       (c) Ban on New Loans.--On and after the date of enactment 
     of this Act, a loan under paragraph (36) or (37) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)), as added 
     and amended by this Act, may not be made to a covered entity.

     SEC. 323. COMMITMENT AUTHORITY AND APPROPRIATIONS.

       (a) Commitment Authority.--Section 1102(b) of the CARES Act 
     (Public Law 116-136) is amended--
       (1) in paragraph (1)--
       (A) in the paragraph heading, by inserting ``and second 
     draw'' after ``PPP'';
       (B) by striking ``August 8, 2020'' and inserting ``March 
     31, 2021'';
       (C) by striking ``paragraph (36)'' and inserting 
     ``paragraphs (36) and (37)''; and
       (D) by striking `` $659,000,000,000'' and inserting `` 
     $806,450,000,000''; and

[[Page H7547]]

       (2) by adding at the end the following:
       ``(3) 2021 7(a) loan program level and funding.--
     Notwithstanding the amount authorized under the heading 
     `Small Business Administration--Business Loans Program 
     Account'under the Financial Services and General Government 
     Appropriations Act, 2021 for commitments for general business 
     loans authorized under paragraphs (1) through (35) of section 
     7(a) of the Small Business Act (15 U.S.C. 636(a)), 
     commitments for general business loans authorized under 
     paragraphs (1) through (35) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)) shall not exceed 
     $75,000,000,000 for a combination of amortizing term loans 
     and the aggregated maximum line of credit provided by 
     revolving loans during the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021.''.
       (b) Clarification of Secondary Market Cap.--Section 1107(b) 
     of the CARES Act (15 U.S.C. 9006(b)) is amended by inserting 
     ``with respect to loans under any paragraph of section 7(a) 
     of the Small Business Act (15 U.S.C. 636(a))'' before ``shall 
     not exceed''.
       (c) Rescission.--With respect to unobligated balances under 
     the heading ``Small Business Administration--Business Loans 
     Program Account, CARES Act'' as of the day before the date of 
     enactment of this Act, $146,500,000,000 shall be rescinded 
     and deposited into the general fund of the Treasury.
       (d) Direct Appropriations.--
       (1) New direct appropriations for ppp loans, second draw 
     loans, and the mbda.--There is appropriated, out of amounts 
     in the Treasury not otherwise appropriated, for the fiscal 
     year ending September 30, 2021, to remain available until 
     expended, for additional amounts--
       (A) $284,450,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'', 
     for the cost of guaranteed loans as authorized under 
     paragraph (36) or (37) of section 7(a) of the Small Business 
     Act (15 U.S.C. 636(a)), as amended and added by this Act, 
     including the cost of any modifications to any loans 
     guaranteed under such paragraph (36) that were approved on or 
     before August 8, 2020, of which--
       (i) not less than $15,000,000,000 shall be for guaranteeing 
     loans under such paragraph (36) or (37) made by community 
     financial institutions, as defined in section 7(a)(36)(A) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(A));
       (ii) not less than $15,000,000,000 shall be for 
     guaranteeing loans under such paragraph (36) or (37) made 
     by--

       (I) insured depository institutions (as defined in section 
     3 of the Federal Deposit Insurance Act (12 U.S.C. 1813)) with 
     consolidated assets of less than $10,000,000,000;
       (II) credit unions (as defined in section 7(a)(36)(A) of 
     the Small Business Act (15 U.S.C. 636(a)(36)(A))) with 
     consolidated assets of less than $10,000,000,000; or
       (III) institutions of the Farm Credit System chartered 
     under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) 
     with consolidated assets of less than $10,000,000,000 (not 
     including the Federal Agricultural Mortgage Corporation);

       (iii) not less than $15,000,000,000 shall be for 
     guaranteeing loans under paragraph (36) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), as amended by this 
     Act, that are--

       (I) made to eligible recipients with not more than 10 
     employees; or
       (II) in an amount that is not more than $250,000 and made 
     to an eligible recipient that is located in a neighborhood 
     that is a low-income neighborhood or a moderate-income 
     neighborhood, for the purposes of the Community Reinvestment 
     Act of 1977 (12 U.S.C. 2901 et seq.);

       (iv) not less than $35,000,000,000 shall be for 
     guaranteeing loans under paragraph (36) of section 7(a) of 
     the Small Business Act (15 U.S.C. 636(a)), as amended by this 
     Act, to eligible recipients that have not previously received 
     a loan under such paragraph (36); and
       (v) not less than $25,000,000,000 shall be for guaranteeing 
     loans under paragraph (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), as added by this Act, that 
     are--

       (I) made to eligible entities with not more than 10 
     employees; or
       (II) in an amount that is not more than $250,000 and made 
     to an eligible entity that is located in a neighborhood that 
     is a low-income neighborhood or a moderate-income 
     neighborhood, for the purposes of the Community Reinvestment 
     Act of 1977 (12 U.S.C. 2901 et seq.);

       (B) $25,000,000 under the heading ``Department of 
     Commerce--Minority Business Development Agency'' for the 
     Minority Business Development Centers Program, including 
     Specialty Centers, for necessary expenses, including any cost 
     sharing requirements that may exist, for assisting minority 
     business enterprises to prevent, prepare for, and respond to 
     coronavirus, including identifying and accessing local, 
     State, and Federal government assistance related to such 
     virus;
       (C) $50,000,000 under the heading ``Small Business 
     Administration--Salaries and Expenses'' for the cost of 
     carrying out reviews and audits of loans under subsection (l) 
     of section 7A of the Small Business Act, as redesignated, 
     transferred, and amended by this Act;
       (D) $20,000,000,000 under the heading ``Small Business 
     Administration--Targeted EIDL Advance'' to carry out section 
     331 of this Act, of which $20,000,000 shall be made available 
     to the Inspector General of the Small Business Administration 
     to prevent waste, fraud, and abuse with respect to funding 
     made available under that section;
       (E) $57,000,000 for the program established under section 
     7(m) of the Small Business Act (15 U.S.C. 636(m)) of which--
       (i) $50,000,000 shall be to provide technical assistance 
     grants under such section 7(m) under the heading ``Small 
     Business Administration--Entrepreneurial Development 
     Programs''; and
       (ii) $7,000,000 shall be to provide direct loans under such 
     section 7(m) under the heading ``Small Business 
     Administration--Business Loans Program Account'';
       (F) $1,918,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account'' for the cost 
     of guaranteed loans as authorized by paragraphs (1) through 
     (35) of section 7(a) of the Small Business Act (15 U.S.C. 
     636(a)), including the cost of carrying out sections 326, 
     327, and 328 of this Act;
       (G) $3,500,000,000 under the heading ``Small Business 
     Administration--Business Loans Program Account, CARES Act'' 
     for carrying out section 325 of this Act; and
       (H) $15,000,000,000 under the heading ``Small Business 
     Administration--Shuttered Venue Operators'' to carry out 
     section 324 of this Act.
       (2) Modification of set-asides.--
       (A) In general.--Notwithstanding paragraph (1)(A), if the 
     Administrator makes the determination described in 
     subparagraph (B) of this paragraph, the Administrator may 
     reduce the amount of any allocation under paragraph (1)(A) to 
     be such amount as the Administrator may determine necessary.
       (B) Requirements for determination.--The determination 
     described in this subparagraph is a determination by the 
     Administrator that--
       (i) is not made earlier than 25 days after the date of 
     enactment of this Act;
       (ii) it is not reasonably expected that a type of entity 
     described in paragraph (1)(A) will make, or receive, as 
     applicable, the minimum amount of loans necessary to meet the 
     applicable allocation under paragraph(1)(A); and
       (iii) it is reasonably expected that the total amount of 
     loans guaranteed under paragraph (36) or (37) of section 7(a) 
     of the Small Business Act (15 U.S.C. 636(a)), as amended and 
     added by this Act, will equal substantially all of the amount 
     permitted by available funds by March 31, 2021.
       (3) Appropriations for the office of inspector general.--
       (A) In general.--Effective on the date of enactment of this 
     Act, the remaining unobligated balances of funds from amounts 
     made available for ``Small Business Administration--Office of 
     Inspector General'' under section 1107(a)(3) of the CARES Act 
     (15 U.S.C. 9006(a)(3)), are hereby rescinded.
       (B) Funding.--
       (i) In general.--There is appropriated, for an additional 
     amount, for the fiscal year ending September 30, 2021, out of 
     amounts in the Treasury not otherwise appropriated, an amount 
     equal to the amount rescinded under subparagraph (A), to 
     remain available until expended, under the heading ``Small 
     Business Administration--Office of Inspector General''.
       (ii) Use of funds.--The amounts made available under clause 
     (i) shall be available for the same purposes, in addition to 
     other funds as may be available for such purposes, and under 
     the same authorities as the amounts made available under 
     section 1107(a)(3) of the CARES Act (15 U.S.C. 9006(a)(3)).

     SEC. 324. GRANTS FOR SHUTTERED VENUE OPERATORS.

       (a) Definitions.--In this section:
       (1) Eligible person or entity.--
       (A) In general.--The term ``eligible person or entity'' 
     means a live venue operator or promoter, theatrical producer, 
     or live performing arts organization operator, a relevant 
     museum operator, a motion picture theatre operator, or a 
     talent representative that meets the following requirements:
       (i) The live venue operator or promoter, theatrical 
     producer, or live performing arts organization operator, the 
     relevant museum operator, the motion picture theatre 
     operator, or the talent representative--

       (I) was fully operational as a live venue operator or 
     promoter, theatrical producer, or live performing arts 
     organization operator, a relevant museum operator, a motion 
     picture theatre operator, or a talent representative on 
     February 29, 2020; and
       (II) has gross earned revenue during the first, second, 
     third, or, only with respect to an application submitted on 
     or after January 1, 2021, fourth quarter in 2020 that 
     demonstrates not less than a 25 percent reduction from the 
     gross earned revenue of the live venue operator or promoter, 
     theatrical producer, or live performing arts organization 
     operator, the relevant museum operator, the motion picture 
     theatre operator, or the talent representative during the 
     same quarter in 2019.

       (ii) As of the date of the grant under this section--

       (I) the live venue operator or promoter, theatrical 
     producer, or live performing arts organization operator is or 
     intends to resume organizing, promoting, producing, managing, 
     or hosting future live events described in paragraph 
     (3)(A)(i);
       (II) the motion picture theatre operator is open or intends 
     to reopen for the primary purpose of public exhibition of 
     motion pictures;
       (III) the relevant museum operator is open or intends to 
     reopen; or
       (IV) the talent representative is representing or managing 
     artists and entertainers.

       (iii) The venues at which the live venue operator or 
     promoter, theatrical producer, or live performing arts 
     organization operator promotes, produces, manages, or hosts 
     events described in paragraph (3)(A)(i) or the artists and 
     entertainers represented or managed by the talent 
     representative perform have the following characteristics:

       (I) A defined performance and audience space.
       (II) Mixing equipment, a public address system, and a 
     lighting rig.
       (III) Engages 1 or more individuals to carry out not less 
     than 2 of the following roles:

       (aa) A sound engineer.
       (bb) A booker.
       (cc) A promoter.
       (dd) A stage manager.
       (ee) Security personnel.

[[Page H7548]]

       (ff) A box office manager.

       (IV) There is a paid ticket or cover charge to attend most 
     performances and artists are paid fairly and do not play for 
     free or solely for tips, except for fundraisers or similar 
     charitable events.
       (V) For a venue owned or operated by a nonprofit entity 
     that produces free events, the events are produced and 
     managed primarily by paid employees, not by volunteers.
       (VI) Performances are marketed through listings in printed 
     or electronic publications, on websites, by mass email, or on 
     social media.

       (iv) A motion picture theatre or motion picture theatres 
     operated by the motion picture theatre operator have the 
     following characteristics:

       (I) At least 1 auditorium that includes a motion picture 
     screen and fixed audience seating.
       (II) A projection booth or space containing not less than 1 
     motion picture projector.
       (III) A paid ticket charge to attend exhibition of motion 
     pictures.
       (IV) Motion picture exhibitions are marketed through 
     showtime listings in printed or electronic publications, on 
     websites, by mass mail, or on social media.

       (v) The relevant museum or relevant museums for which the 
     relevant museum operator is seeking a grant under this 
     section have the following characteristics:

       (I) Serving as a relevant museum as its principal business 
     activity.
       (II) Indoor exhibition spaces that are a component of the 
     principal business activity and which have been subjected to 
     pandemic-related occupancy restrictions.
       (III) At least 1 auditorium, theater, or performance or 
     lecture hall with fixed audience seating and regular 
     programming.

       (vi)(I) The live venue operator or promoter, theatrical 
     producer, or live performing arts organization operator, the 
     relevant museum operator, the motion picture theatre 
     operator, or the talent representative does not have, or is 
     not majority owned or controlled by an entity with, any of 
     the following characteristics:

       (aa) Being an issuer, the securities of which are listed on 
     a national securities exchange.
       (bb) Receiving more than 10 percent of gross revenue from 
     Federal funding during 2019, excluding amounts received by 
     the live venue operator or promoter, theatrical producer, or 
     live performing arts organization operator, the relevant 
     museum operator, the motion picture theatre operator, or the 
     talent representative under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

       (II) The live venue operator or promoter, theatrical 
     producer, or live performing arts organization operator, the 
     relevant museum operator, the motion picture theatre 
     operator, or the talent representative does not have, or is 
     not majority owned or controlled by an entity with, more than 
     2 of the following characteristics:

       (aa) Owning or operating venues, relevant museums, motion 
     picture theatres, or talent agencies or talent management 
     companies in more than 1 country.
       (bb) Owning or operating venues, relevant museums, motion 
     picture theatres, or talent agencies or talent management 
     companies in more than 10 States.
       (cc) Employing more than 500 employees as of February 29, 
     2020, determined on a full-time equivalent basis in 
     accordance with subparagraph (C).

       (III) The live venue operator or promoter, theatrical 
     producer, or live performing arts organization operator, the 
     relevant museum operator, the motion picture theatre 
     operator, or the talent representative has not received, on 
     or after the date of enactment of this Act, a loan guaranteed 
     under paragraph (36) or (37) of section 7(a) of the Small 
     Business Act (15 U.S.C. 636(a)), as amended and added by this 
     division.
       (IV) For purposes of applying the characteristics described 
     in subclauses (I), (II), and (III) to an entity owned by a 
     State or a political subdivision of a State, the relevant 
     entity--

       (aa) shall be the live venue operator or promoter, 
     theatrical producer, or live performing arts organization 
     operator, the relevant museum operator, the motion picture 
     theatre operator, or the talent representative; and
       (bb) shall not include entities of the State or political 
     subdivision other than the live venue operator or promoter, 
     theatrical producer, or live performing arts organization 
     operator, the relevant museum operator, the motion picture 
     theatre operator, or the talent representative.

       (B) Exclusion.--The term ``eligible person or entity'' 
     shall not include a live venue operator or promoter, 
     theatrical producer, or live performing arts organization 
     operator, a relevant museum operator, a motion picture 
     theatre operator, or a talent representative that--
       (i) presents live performances of a prurient sexual nature; 
     or
       (ii) derives, directly or indirectly, more than de minimis 
     gross revenue through the sale of products or services, or 
     the presentation of any depictions or displays, of a prurient 
     sexual nature.
       (C) Calculation of full-time employees.--For purposes of 
     determining the number of full-time equivalent employees 
     under subparagraph (A)(vi)(II)(cc) of this paragraph and 
     under paragraph (2)(E)--
       (i) any employee working not fewer than 30 hours per week 
     shall be considered a full-time employee; and
       (ii) any employee working not fewer than 10 hours and fewer 
     than 30 hours per week shall be counted as one-half of a 
     full-time employee.
       (D) Multiple business entities.--Each business entity of an 
     eligible person or entity that also meets the requirements 
     under subparagraph (A) and that is not described in 
     subparagraph (B) shall be treated by the Administrator as an 
     independent, non-affiliated entity for the purposes of this 
     section.
       (2) Exchange; issuer; security.--The terms ``exchange'', 
     ``issuer'', and ``security'' have the meanings given those 
     terms in section 3(a) of the Securities Exchange Act of 1934 
     (15 U.S.C. 78c(a)).
       (3) Live venue operator or promoter, theatrical producer, 
     or live performing arts organization operator.--The term 
     ``live venue operator or promoter, theatrical producer, or 
     live performing arts organization operator''--
       (A) means--
       (i) an individual or entity--

       (I) that, as a principal business activity, organizes, 
     promotes, produces, manages, or hosts live concerts, comedy 
     shows, theatrical productions, or other events by performing 
     artists for which--

       (aa) a cover charge through ticketing or front door 
     entrance fee is applied; and
       (bb) performers are paid in an amount that is based on a 
     percentage of sales, a guarantee (in writing or standard 
     contract), or another mutually beneficial formal agreement; 
     and

       (II) for which not less than 70 percent of the earned 
     revenue of the individual or entity is generated through, to 
     the extent related to a live event described in subclause 
     (I), cover charges or ticket sales, production fees or 
     production reimbursements, nonprofit educational initiatives, 
     or the sale of event beverages, food, or merchandise; or

       (ii) an individual or entity that, as a principal business 
     activity, makes available for purchase by the public an 
     average of not less than 60 days before the date of the event 
     tickets to events--

       (I) described in clause (i)(I); and
       (II) for which performers are paid in an amount that is 
     based on a percentage of sales, a guarantee (in writing or 
     standard contract), or another mutually beneficial formal 
     agreement; and

       (B) includes an individual or entity described in 
     subparagraph (A) that--
       (i) operates for profit;
       (ii) is a nonprofit organization;
       (iii) is government-owned; or
       (iv) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship.
       (4) Motion picture theatre operator.--The term ``motion 
     picture theatre operator'' means an individual or entity 
     that--
       (A) as the principal business activity of the individual or 
     entity, owns or operates at least 1 place of public 
     accommodation for the purpose of motion picture exhibition 
     for a fee; and
       (B) includes an individual or entity described in 
     subparagraph (A) that--
       (i) operates for profit;
       (ii) is a nonprofit organization;
       (iii) is government-owned; or
       (iv) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship.
       (5) National securities exchange.--The term ``national 
     securities exchange'' means an exchange registered as a 
     national securities exchange under section 6 of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78f).
       (6) Nonprofit.--The term ``nonprofit'', with respect to an 
     organization, means that the organization is exempt from 
     taxation under section 501(a) of the Internal Revenue Code of 
     1986.
       (7) Relevant museum.--The term ``relevant museum''--
       (A) has the meaning given the term ``museum'' in section 
     273 of the Museum and Library Services Act (20 U.S.C. 9172); 
     and
       (B) shall not include any entity that is organized as a 
     for-profit entity.
       (8) Seasonal employer.--The term ``seasonal employer'' has 
     the meaning given that term in subparagraph (A) of section 
     7(a)(36) of the Small Business Act (15 U.S.C. 636(a)), as 
     amended by this Act.
       (9) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (10) Talent representative.--The term ``talent 
     representative''--
       (A) means an agent or manager that--
       (i) as not less than 70 percent of the operations of the 
     agent or manager, is engaged in representing or managing 
     artists and entertainers;
       (ii) books or represents musicians, comedians, actors, or 
     similar performing artists primarily at live events in venues 
     or at festivals; and
       (iii) represents performers described in clause (ii) that 
     are paid in an amount that is based on the number of tickets 
     sold, or a similar basis; and
       (B) includes an agent or manager described in subparagraph 
     (A) that--
       (i) operates for profit;
       (ii) is a nonprofit organization;
       (iii) is government-owned; or
       (iv) is a corporation, limited liability company, or 
     partnership or operated as a sole proprietorship.
       (b) Authority.--
       (1) In general.--
       (A) Administration.--The Associate Administrator for the 
     Office of Disaster Assistance of the Administration shall 
     coordinate and formulate policies relating to the 
     administration of grants made under this section.
       (B) Certification of need.--An eligible person or entity 
     applying for a grant under this section shall submit a good 
     faith certification that the uncertainty of current economic 
     conditions makes necessary the grant to support the ongoing 
     operations of the eligible person or entity.
       (2) Initial grants.--
       (A) In general.--The Administrator may make initial grants 
     to eligible persons or entities in accordance with this 
     section.
       (B) Initial priorities for awarding grants.--
       (i) First priority in awarding grants.--During the initial 
     14-day period during which

[[Page H7549]]

     the Administrator awards grants under this paragraph, the 
     Administrator shall only award grants to an eligible person 
     or entity with revenue, during the period beginning on April 
     1, 2020 and ending on December 31, 2020, that is not more 
     than 10 percent of the revenue of the eligible person or 
     entity during the period beginning on April 1, 2019 and 
     ending on December 31, 2019, due to the COVID-19 pandemic.
       (ii) Second priority in awarding grants.--During the 14-day 
     period immediately following the 14-day period described in 
     clause (i), the Administrator shall only award grants to an 
     eligible person or entity with revenue, during the period 
     beginning on April 1, 2020 and ending on December 31, 2020, 
     that is not more than 30 percent of the revenue of the 
     eligible person or entity during the period beginning on 
     April 1, 2019 and ending on December 31, 2019, due to the 
     COVID-19 pandemic.
       (iii) Determination of revenue.--For purposes of clauses 
     (i) and (ii)--

       (I) any amounts received by an eligible person or entity 
     under the CARES Act (Public Law 116-136; 134 Stat. 281) or an 
     amendment made by the CARES Act shall not be counted as 
     revenue of an eligible person or entity;
       (II) the Administrator shall use an accrual method of 
     accounting for determining revenue; and
       (III) the Administrator may use alternative methods to 
     establish revenue losses for an eligible person or entity 
     that is a seasonal employer and that would be adversely 
     impacted if January, February, and March are excluded from 
     the calculation of year-over-year revenues.

       (iv) Limit on use of amounts for priority applicants.--The 
     Administrator may use not more than 80 percent of the amounts 
     appropriated under section 323(d)(1)(H) of this Act to carry 
     out this section to make initial grants under this paragraph 
     to eligible persons or entities described in clause (i) or 
     (ii) of this subparagraph that apply for a grant under this 
     paragraph during the initial 28-day period during which the 
     Administrator awards grants under this paragraph.
       (C) Grants after priority periods.--After the end of the 
     initial 28-day period during which the Administrator awards 
     grants under this paragraph, the Administrator may award an 
     initial grant to any eligible person or entity.
       (D) Limits on number of initial grants to affiliates.--Not 
     more than 5 business entities of an eligible person or entity 
     that would be considered affiliates under the affiliation 
     rules of the Administration may receive a grant under this 
     paragraph.
       (E) Set-aside for small employers.--
       (i) In general.--Subject to clause (ii), not less than 
     $2,000,000,000 of the total amount of grants made available 
     under this paragraph shall be awarded to eligible persons or 
     entities which employ not more than 50 full-time employees, 
     determined in accordance with subsection (a)(1)(C).
       (ii) Time limit.--Clause (i) shall not apply on and after 
     the date that is 60 days after the Administrator begins 
     awarding grants under this section and, on and after such 
     date, amounts available for grants under this section may be 
     used for grants under this section to any eligible person or 
     entity.
       (3) Supplemental grants.--
       (A) In general.--Subject to subparagraph (B), the 
     Administrator may make a supplemental grant in accordance 
     with this section to an eligible person or entity that 
     receives a grant under paragraph (2) if, as of April 1, 2021, 
     the revenues of the eligible person or entity for the most 
     recent calendar quarter are not more than 30 percent of the 
     revenues of the eligible person or entity for the 
     corresponding calendar quarter during 2019 due to the COVID-
     19 pandemic.
       (B) Processing timely initial grant applications first.--
     The Administrator may not award a supplemental grant under 
     subparagraph (A) until the Administrator has completed 
     processing (including determining whether to award a grant) 
     each application for an initial grant under paragraph (2) 
     that is submitted by an eligible person or entity on or 
     before the date that is 60 days after the date on which the 
     Administrator begins accepting such applications.
       (4) Certification.--An eligible person or entity applying 
     for a grant under this section that is an eligible business 
     described in the matter preceding subclause (I) of section 
     4003(c)(3)(D)(i) of the CARES Act (15 U.S.C. 
     9042(c)(3)(D)(i)), shall make a good-faith certification 
     described in subclauses (IX) and (X) of such section.
       (c) Amount.--
       (1) Initial grants.--
       (A) In general.--A grant under subsection (b)(2) shall be 
     in the amount equal to the lesser of--
       (i)(I) for an eligible person or entity that was in 
     operation on January 1, 2019, the amount equal to 45 percent 
     of the gross earned revenue of the eligible person or entity 
     during 2019; or
       (II) for an eligible person or entity that began operations 
     after January 1, 2019, the amount equal to the product 
     obtained by multiplying--

       (aa) the average monthly gross earned revenue for each full 
     month during which the eligible person or entity was in 
     operation during 2019; by
       (bb) 6; or

       (ii) $10,000,000.
       (B) Application to relevant museum operators.--A relevant 
     museum operator may not receive grants under subsection 
     (b)(2) in a total amount that is more than $10,000,000 with 
     respect to all relevant museums operated by the relevant 
     museum operator.
       (2) Supplemental grants.--A grant under subsection (b)(3) 
     shall be in the amount equal to 50 percent of the grant 
     received by the eligible person or entity under subsection 
     (b)(2).
       (3) Overall maximums.--The total amount of grants received 
     under paragraphs (2) and (3) of subsection (b) by an eligible 
     person or entity shall be not more than $10,000,000.
       (d) Use of Funds.--
       (1) Timing.--
       (A) Expenses incurred.--
       (i) In general.--Except as provided in clause (ii), amounts 
     received under a grant under this section may be used for 
     costs incurred during the period beginning on March 1, 2020, 
     and ending on December 31, 2021.
       (ii) Extension for supplemental grants.--If an eligible 
     person or entity receives a grant under subsection (b)(3), 
     amounts received under either grant under this section may be 
     used for costs incurred during the period beginning on March 
     1, 2020, and ending on June 30, 2022.
       (B) Expenditure.--
       (i) In general.--Except as provided in clause (ii), an 
     eligible person or entity shall return to the Administrator 
     any amounts received under a grant under this section that 
     are not expended on or before the date that is 1 year after 
     the date of disbursement of the grant.
       (ii) Extension for supplemental grants.--If an eligible 
     person or entity receives a grant under subsection (b)(3), 
     the eligible person or entity shall return to the 
     Administrator any amounts received under either grant under 
     this section that are not expended on or before the date that 
     is 18 months after the date of disbursement to the eligible 
     person or entity of the grant under subsection (b)(2).
       (2) Allowable expenses.--
       (A) Definitions.--In this paragraph--
       (i) the terms ``covered mortgage obligation'', ``covered 
     rent obligation'', ``covered utility payment'', and ``covered 
     worker protection expenditure'' have the meanings given those 
     terms in section 7A(a) of the Small Business Act, as 
     redesignated, transferred, and amended by this Act; and
       (ii) the term ``payroll costs'' has the meaning given that 
     term in section 7(a)(36)(A) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A).
       (B) Expenses.--An eligible person or entity may use amounts 
     received under a grant under this section for--
       (i) payroll costs;
       (ii) payments on any covered rent obligation;
       (iii) any covered utility payment;
       (iv) scheduled payments of interest or principal on any 
     covered mortgage obligation (which shall not include any 
     prepayment of principal on a covered mortgage obligation);
       (v) scheduled payments of interest or principal on any 
     indebtedness or debt instrument (which shall not include any 
     prepayment of principal) incurred in the ordinary course of 
     business that is a liability of the eligible person or entity 
     and was incurred prior to February 15, 2020;
       (vi) covered worker protection expenditures;
       (vii) payments made to independent contractors, as reported 
     on Form-1099 MISC, not to exceed a total of $100,000 in 
     annual compensation for any individual employee of an 
     independent contractor; and
       (viii) other ordinary and necessary business expenses, 
     including--

       (I) maintenance expenses;
       (II) administrative costs, including fees and licensing 
     costs;
       (III) State and local taxes and fees;
       (IV) operating leases in effect as of February 15, 2020;
       (V) payments required for insurance on any insurance 
     policy; and
       (VI) advertising, production transportation, and capital 
     expenditures related to producing a theatrical or live 
     performing arts production, concert, exhibition, or comedy 
     show, except that a grant under this section may not be used 
     primarily for such expenditures.

       (3) Prohibited expenses.--An eligible person or entity may 
     not use amounts received under a grant under this section--
       (A) to purchase real estate;
       (B) for payments of interest or principal on loans 
     originated after February 15, 2020;
       (C) to invest or re-lend funds;
       (D) for contributions or expenditures to, or on behalf of, 
     any political party, party committee, or candidate for 
     elective office; or
       (E) for any other use as may be prohibited by the 
     Administrator.
       (e) Increased Oversight of Shuttered Venue Operator 
     Grants.--The Administrator shall increase oversight of 
     eligible persons and entities receiving grants under this 
     section, which may include the following:
       (1) Documentation.--Additional documentation requirements 
     that are consistent with the eligibility and other 
     requirements under this section, including requiring an 
     eligible person or entity that receives a grant under this 
     section to retain records that document compliance with the 
     requirements for grants under this section--
       (A) with respect to employment records, for the 4-year 
     period following receipt of the grant; and
       (B) with respect to other records, for the 3-year period 
     following receipt of the grant.
       (2) Reviews of use.--Reviews of the use of the grant 
     proceeds by an eligible person or entity to ensure compliance 
     with requirements established under this section and by the 
     Administrator, including that the Administrator may--
       (A) review and audit grants under this section; and
       (B) in the case of fraud or other material noncompliance 
     with respect to a grant under this section--
       (i) require repayment of misspent funds; or
       (ii) pursue legal action to collect funds.
       (f) Shuttered Venue Oversight and Audit Plan.--
       (1) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Administrator shall submit to the 
     Committee on Small Business and Entrepreneurship of the 
     Senate and the Committee on Small Business of the House of 
     Representatives an audit plan that details--

[[Page H7550]]

       (A) the policies and procedures of the Administrator for 
     conducting oversight and audits of grants under this section; 
     and
       (B) the metrics that the Administrator shall use to 
     determine which grants under this section will be audited 
     pursuant to subsection (e).
       (2) Reports.--Not later than 60 days after the date of 
     enactment of this Act, and each month thereafter until the 
     date that is 1 year after the date on which all amounts made 
     available under section 323(d)(1)(H) of this Act have been 
     expended, the Administrator shall submit to the Committee on 
     Small Business and Entrepreneurship of the Senate and the 
     Committee on Small Business of the House of Representatives a 
     report on the oversight and audit activities of the 
     Administrator under this subsection, which shall include--
       (A) the total number of initial grants approved and 
     disbursed;
       (B) the total amount of grants received by each eligible 
     person or entity, including any supplemental grants;
       (C) the number of active investigations and audits of 
     grants under this section;
       (D) the number of completed reviews and audits of grants 
     under this section, including a description of any findings 
     of fraud or other material noncompliance.
       (E) any substantial changes made to the oversight and audit 
     plan submitted under paragraph (1).

     SEC. 325. EXTENSION OF THE DEBT RELIEF PROGRAM.

       (a) In General.--Section 1112 of the CARES Act (15 U.S.C. 
     9011) is amended--
       (1) in subsection (c)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Subject to the other provisions of this 
     section, the Administrator shall pay the principal, interest, 
     and any associated fees that are owed on a covered loan in a 
     regular servicing status, without regard to the date on which 
     the covered loan is fully disbursed, and subject to 
     availability of funds, as follows:
       ``(A) With respect to a covered loan made before the date 
     of enactment of this Act and not on deferment, the 
     Administrator shall make those payments as follows:
       ``(i) The Administrator shall make those payments for the 
     6-month period beginning with the next payment due on the 
     covered loan.
       ``(ii) In addition to the payments under clause (i)--

       ``(I) with respect to a covered loan other than a covered 
     loan described in paragraph (1)(A)(i) or (2) of subsection 
     (a), the Administrator shall make those payments for--

       ``(aa) the 3-month period beginning with the first payment 
     due on the covered loan on or after February 1, 2021; and
       ``(bb) an additional 5-month period immediately following 
     the end of the 3-month period provided under item (aa) if the 
     covered loan is made to a borrower that, according to records 
     of the Administration, is assigned a North American Industry 
     Classification System code beginning with 61, 71, 72, 213, 
     315, 448, 451, 481, 485, 487, 511, 512, 515, 532, or 812; and

       ``(II) with respect to a covered loan described in 
     paragraph (1)(A)(i) or (2) of subsection (a), the 
     Administrator shall make those payments for the 8-month 
     period beginning with the first payment due on the covered 
     loan on or after February 1, 2021.

       ``(B) With respect to a covered loan made before the date 
     of enactment of this Act and on deferment, the Administrator 
     shall make those payments as follows:
       ``(i) The Administrator shall make those payments for the 
     6-month period beginning with the next payment due on the 
     covered loan after the deferment period.
       ``(ii) In addition to the payments under clause (i)--

       ``(I) with respect to a covered loan other than a covered 
     loan described in paragraph (1)(A)(i) or (2) of subsection 
     (a), the Administrator shall make those payments for--

       ``(aa) the 3-month period (beginning on or after February 
     1, 2021) beginning with the later of--
       ``(AA) the next payment due on the covered loan after the 
     deferment period; or
       ``(BB) the first month after the Administrator has 
     completed the payments under clause (i); and
       ``(bb) an additional 5-month period immediately following 
     the end of the 3-month period provided under item (aa) if the 
     covered loan is made to a borrower that, according to records 
     of the Administration, is assigned a North American Industry 
     Classification System code beginning with 61, 71, 72, 213, 
     315, 448, 451, 481, 485, 487, 511, 512, 515, 532, or 812; and

       ``(II) with respect to a loan described in paragraph 
     (1)(A)(i) or (2) of subsection (a), the 8-month period 
     (beginning on or after February 1, 2021) beginning with the 
     later of--

       ``(aa) the next payment due on the covered loan after the 
     deferment period; or
       ``(bb) the first month after the payments under clause (i) 
     are complete.
       ``(C) With respect to a covered loan made during the period 
     beginning on the date of enactment of this Act and ending on 
     the date that is 6 months after such date of enactment, for 
     the 6-month period beginning with the first payment due on 
     the covered loan.
       ``(D) With respect to a covered loan approved during the 
     period beginning on February 1, 2021, and ending on September 
     30, 2021, for the 6-month period beginning with the first 
     payment due on the covered loan.''; and
       (B) by adding at the end the following:
       ``(4) Limitation.--
       ``(A) In general.--No single monthly payment of principal, 
     interest, and associated fees made by the Administrator under 
     subparagraph (A)(ii), (B)(ii), or (D) of paragraph (1) with 
     respect to a covered loan may be in a total amount that is 
     more than $9,000.
       ``(B) Treatment of additional amounts owed.--If, for a 
     month, the total amount of principal, interest, and 
     associated fees that are owed on a covered loan for which the 
     Administration makes payments under paragraph (1) is more 
     than $9,000 the Administrator may require the lender with 
     respect to the covered loan to add the amount by which those 
     costs exceed $9,000 for that month as interest to be paid by 
     the borrower with respect to the covered loan at the end of 
     the loan period.
       ``(5) Additional provisions for new loans.--With respect to 
     a loan described in paragraph (1)(C)--
       ``(A) the Administrator may further extend the period 
     described in paragraph (1)(C) if there are sufficient funds 
     to continue those payments; and
       ``(B) during the underwriting process, a lender of such a 
     loan may consider the payments under this section as part of 
     a comprehensive review to determine the ability to repay over 
     the entire period of maturity of the loan.
       ``(6) Eligibility.--Eligibility for a covered loan to 
     receive such payments of principal, interest, and any 
     associated fees under this subsection shall be based on the 
     date on which the covered loan is approved by the 
     Administration.
       ``(7) Authority to revise extensions.--
       ``(A) In general.--The Administrator shall monitor whether 
     amounts made available to make payments under this subsection 
     are sufficient to make the payments for the periods described 
     in paragraph (1).
       ``(B) Plan.--If the Administrator determines under 
     subparagraph (A) that the amounts made available to make 
     payments under this subsection are insufficient, the 
     Administrator shall--
       ``(i) develop a plan to proportionally reduce the number of 
     months provided for each period described in paragraph (1), 
     while ensuring all amounts made available to make payments 
     under this subsection are fully expended; and
       ``(ii) before taking action under the plan developed under 
     clause (i), submit to Congress a report regarding the plan, 
     which shall include the data that informs the plan.
       ``(8) Additional requirements.--With respect to the 
     payments made under this subsection--
       ``(A) no lender may charge a late fee to a borrower with 
     respect to a covered loan during any period in which the 
     Administrator makes payments with respect to the covered loan 
     under paragraph (1); and
       ``(B) the Administrator shall, with respect to a covered 
     loan, make all payments with respect to the covered loan 
     under paragraph (1) not later than the 15th day of the 
     applicable month.
       ``(9) Rule of construction.--Except as provided in 
     paragraph (4), nothing in this subsection may be construed to 
     preclude a borrower from receiving full payments of 
     principal, interest, and any associated fees authorized under 
     this subsection with respect to a covered loan.'';
       (2) by redesignating subsection (f) as subsection (i); and
       (3) by inserting after subsection (e) the following:
       ``(f) Eligibility for New Loans.--For each individual 
     lending program under this section, the Administrator may 
     establish a minimum loan maturity period, taking into 
     consideration the normal underwriting requirements for each 
     such program, with the goal of preventing abuse under the 
     program.
       ``(g) Limitation on Assistance.--A borrower may not receive 
     assistance under subsection (c) for more than 1 covered loan 
     of the borrower described in paragraph (1)(C) of that 
     subsection.
       ``(h) Reporting and Outreach.--
       ``(1) Updated information.--
       ``(A) In general.--Not later than 14 days after the date of 
     enactment of the Economic Aid to Hard-Hit Small Businesses, 
     Nonprofits, and Venues Act, the Administrator shall make 
     publicly available information regarding the modifications to 
     the assistance provided under this section under the 
     amendments made by such Act.
       ``(B) Guidance.--Not later than 21 days after the date of 
     enactment of the Economic Aid to Hard-Hit Small Businesses, 
     Nonprofits, and Venues Act the Administrator shall issue 
     guidance on implementing the modifications to the assistance 
     provided under this section under the amendments made by such 
     Act.
       ``(2) Publication of list.--Not later than March 1, 2021, 
     the Administrator shall transmit to each lender of a covered 
     loan a list of each borrower of a covered loan that includes 
     the North American Industry Classification System code 
     assigned to the borrower, based on the records of the 
     Administration, to assist the lenders in identifying which 
     borrowers qualify for an extension of payments under 
     subsection (c).
       ``(3) Education and outreach.--The Administrator shall 
     provide education, outreach, and communication to lenders, 
     borrowers, district offices, and resource partners of the 
     Administration in order to ensure full and proper compliance 
     with this section, encourage broad participation with respect 
     to covered loans that have not yet been approved by the 
     Administrator, and help lenders transition borrowers from 
     subsidy payments under this section directly to a deferral 
     when suitable for the borrower.
       ``(4) Notification.--Not later than 30 days after the date 
     of enactment of the Economic Aid to Hard-Hit Small 
     Businesses, Nonprofits, and Venues Act, the Administrator 
     shall mail a letter to each borrower of a covered loan that 
     includes--
       ``(A) an overview of assistance provided under this 
     section;
       ``(B) the rights of the borrower to receive that 
     assistance;
       ``(C) how to seek recourse with the Administrator or the 
     lender of the covered loan if the borrower has not received 
     that assistance; and
       ``(D) the rights of the borrower to request a loan deferral 
     from a lender, and guidance on

[[Page H7551]]

     how to do successfully transition directly to a loan deferral 
     once subsidy payments under this section are concluded.
       ``(5) Monthly reporting.--Not later than the 15th of each 
     month beginning after the date of enactment of the Economic 
     Aid to Hard-Hit Small Businesses, Nonprofits, and Venues Act, 
     the Administrator shall submit to Congress a report on 
     assistance provided under this section, which shall include--
       ``(A) monthly and cumulative data on payments made under 
     this section as of the date of the report, including a 
     breakdown by--
       ``(i) the number of participating borrowers;
       ``(ii) the volume of payments made for each type of covered 
     loan; and
       ``(iii) the volume of payments made for covered loans made 
     before the date of enactment of this Act and loans made after 
     such date of enactment;
       ``(B) the names of any lenders of covered loans that have 
     not submitted information on the covered loans to the 
     Administrator during the preceding month; and
       ``(C) an update on the education and outreach activities of 
     the Administration carried out under paragraph (3).''.
       (b) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281).

     SEC. 326. MODIFICATIONS TO 7(A) LOAN PROGRAMS.

       (a) 7(a) Loan Guarantees.--
       (1) In general.--Section 7(a)(2)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(2)(A)) is amended by striking ``), such 
     participation by the Administration shall be equal to'' and 
     all that follows through the period at the end and inserting 
     ``or the Community Advantage Pilot Program of the 
     Administration), such participation by the Administration 
     shall be equal to 90 percent of the balance of the financing 
     outstanding at the time of disbursement of the loan.''.
       (2) Prospective repeal.--Effective October 1, 2021, section 
     7(a)(2)(A) of the Small Business Act (15 U.S.C. 
     636(a)(2)(A)), as amended by paragraph (1), is amended to 
     read as follows:
       ``(A) In general.--Except as provided in subparagraphs (B), 
     (D), (E), and (F), in an agreement to participate in a loan 
     on a deferred basis under this subsection (including a loan 
     made under the Preferred Lenders Program), such participation 
     by the Administration shall be equal to--
       ``(i) 75 percent of the balance of the financing 
     outstanding at the time of disbursement of the loan, if such 
     balance exceeds $150,000; or
       ``(ii) 85 percent of the balance of the financing 
     outstanding at the time of disbursement of the loan, if such 
     balance is less than or equal to $150,000.''.
       (b) Express Loans.--
       (1) Loan amount.--Section 1102(c)(2) of the CARES Act 
     (Public Law 116-136; 15 U.S.C. 636 note) is amended to read 
     as follows:
       ``(2) Prospective repeal.--Effective on October 1, 2021, 
     section 7(a)(31)(D) of the Small Business Act (15 U.S.C. 
     636(a)(31)(D)) is amended by striking ` $1,000,000' and 
     inserting ` $500,000'.''.
       (2) Guarantee rates.--
       (A) Temporary modification.--Section 7(a)(31)(A)(iv) of the 
     Small Business Act (15 U.S.C. 636(a)(31)(A)(iv)) is amended 
     by striking ``with a guaranty rate of not more than 50 
     percent.'' and inserting the following: ``with a guarantee 
     rate--

       ``(I) for a loan in an amount less than or equal to 
     $350,000, of not more than 75 percent; and
       ``(II) for a loan in an amount greater than $350,000, of 
     not more than 50 percent.''.

       (B) Prospective repeal.--Effective October 1, 2021, section 
     7(a)(31)(A)(iv) of the Small Business Act (15 U.S.C. 
     636(a)(31)(iv)), as amended by subparagraph (A), is amended 
     by striking ``guarantee rate'' and all that follows through 
     the period at the end and inserting ``guarantee rate of not 
     more than 50 percent.''.

     SEC. 327. TEMPORARY FEE REDUCTIONS.

       (a) Administrative Fee Waiver.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021, and 
     to the extent that the cost of such elimination or reduction 
     of fees is offset by appropriations, with respect to each 
     loan guaranteed under section 7(a) of the Small Business Act 
     (15 U.S.C. 636(a)) (including a recipient of assistance under 
     the Community Advantage Pilot Program of the Administration) 
     for which an application is approved or pending approval on 
     or after the date of enactment of this Act, the Administrator 
     shall--
       (A) in lieu of the fee otherwise applicable under section 
     7(a)(23)(A) of the Small Business Act (15 U.S.C. 
     636(a)(23)(A)), collect no fee or reduce fees to the maximum 
     extent possible; and
       (B) in lieu of the fee otherwise applicable under section 
     7(a)(18)(A) of the Small Business Act (15 U.S.C. 
     636(a)(18)(A)), collect no fee or reduce fees to the maximum 
     extent possible.
       (2) Application of fee eliminations or reductions.--To the 
     extent that amounts are made available to the Administrator 
     for the purpose of fee eliminations or reductions under 
     paragraph (1), the Administrator shall--
       (A) first use any amounts provided to eliminate or reduce 
     fees paid by small business borrowers under clauses (i) 
     through (iii) of section 7(a)(18)(A) of the Small Business 
     Act (15 U.S.C. 636(a)(18)(A)), to the maximum extent 
     possible; and
       (B) then use any amounts provided to eliminate or reduce 
     fees under 7(a)(23)(A) of the Small Business Act (15 U.S.C. 
     636(a)(23)(A)).
       (b) Temporary Fee Elimination for the 504 Loan Program.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021, and 
     to the extent the cost of such elimination in fees is offset 
     by appropriations, with respect to each project or loan 
     guaranteed by the Administrator pursuant to title V of the 
     Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.) 
     for which an application is approved or pending approval on 
     or after the date of enactment of this Act--
       (A) the Administrator shall, in lieu of the fee otherwise 
     applicable under section 503(d)(2) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 697(d)(2)), collect no fee; 
     and
       (B) a development company shall, in lieu of the processing 
     fee under section 120.971(a)(1) of title 13, Code of Federal 
     Regulations (relating to fees paid by borrowers), or any 
     successor regulation, collect no fee.
       (2) Reimbursement for waived fees.--
       (A) In general.--To the extent that the cost of such 
     payments is offset by appropriations, the Administrator shall 
     reimburse each development company that does not collect a 
     processing fee pursuant to paragraph (1)(B).
       (B) Amount.--The payment to a development company under 
     clause (i) shall be in an amount equal to 1.5 percent of the 
     net debenture proceeds for which the development company does 
     not collect a processing fee pursuant to paragraph (1)(B).

     SEC. 328. LOW-INTEREST REFINANCING.

       (a) Low-Interest Refinancing Under the Local Development 
     Business Loan Program.--
       (1) Repeal.--Section 521(a) of title V of division E of the 
     Consolidated Appropriations Act, 2016 (15 U.S.C. 696 note) is 
     repealed.
       (2) Refinancing.--Section 502(7) of the Small Business 
     Investment Act of 1958 (15 U.S.C. 696(7)) is amended--
       (A) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``50'' and inserting ``100''; and
       (B) by adding at the end the following:
       ``(C) Refinancing not involving expansions.--
       ``(i) Definitions.--In this subparagraph--

       ``(I) the term `borrower' means a small business concern 
     that submits an application to a development company for 
     financing under this subparagraph;
       ``(II) the term `eligible fixed asset' means tangible 
     property relating to which the Administrator may provide 
     financing under this section; and
       ``(III) the term `qualified debt' means indebtedness--

       ``(aa) that was incurred not less than 6 months before the 
     date of the application for assistance under this 
     subparagraph;
       ``(bb) that is a commercial loan;
       ``(cc) the proceeds of which were used to acquire an 
     eligible fixed asset;
       ``(dd) that was incurred for the benefit of the small 
     business concern; and
       ``(ee) that is collateralized by eligible fixed assets.
       ``(ii) Authority.--A project that does not involve the 
     expansion of a small business concern may include the 
     refinancing of qualified debt if--

       ``(I) the amount of the financing is not more than 90 
     percent of the value of the collateral for the financing, 
     except that, if the appraised value of the eligible fixed 
     assets serving as collateral for the financing is less than 
     the amount equal to 125 percent of the amount of the 
     financing, the borrower may provide additional cash or other 
     collateral to eliminate any deficiency;
       ``(II) the borrower has been in operation for all of the 2-
     year period ending on the date the loan application is 
     submitted; and
       ``(III) for a financing for which the Administrator 
     determines there will be an additional cost attributable to 
     the refinancing of the qualified debt, the borrower agrees to 
     pay a fee in an amount equal to the anticipated additional 
     cost.

       ``(iii) Financing for business expenses.--

       ``(I) Financing for business expenses.--The Administrator 
     may provide financing to a borrower that receives financing 
     that includes a refinancing of qualified debt under clause 
     (ii), in addition to the refinancing under clause (ii), to be 
     used solely for the payment of business expenses.
       ``(II) Application for financing.--An application for 
     financing under subclause (I) shall include--

       ``(aa) a specific description of the expenses for which the 
     additional financing is requested; and
       ``(bb) an itemization of the amount of each expense.

       ``(III) Condition on additional financing.--A borrower may 
     not use any part of the financing under this clause for non-
     business purposes.

       ``(iv) Loans based on jobs.--

       ``(I) Job creation and retention goals.--

       ``(aa) In general.--The Administrator may provide financing 
     under this subparagraph for a borrower that meets the job 
     creation goals under subsection (d) or (e) of section 501.
       ``(bb) Alternate job retention goal.--The Administrator may 
     provide financing under this subparagraph to a borrower that 
     does not meet the goals described in item (aa) in an amount 
     that is not more than the product obtained by multiplying the 
     number of employees of the borrower by $75,000.

       ``(II) Number of employees.--For purposes of subclause (I), 
     the number of employees of a borrower is equal to the sum 
     of--

       ``(aa) the number of full-time employees of the borrower on 
     the date on which the borrower applies for a loan under this 
     subparagraph; and
       ``(bb) the product obtained by multiplying--
       ``(AA) the number of part-time employees of the borrower on 
     the date on which the borrower applies for a loan under this 
     subparagraph, by
       ``(BB) the quotient obtained by dividing the average number 
     of hours each part time employee of the borrower works each 
     week by 40.
       ``(v) Total amount of loans.--The Administrator may provide 
     not more than a total of

[[Page H7552]]

     $7,500,000,000 of financing under this subparagraph for each 
     fiscal year.''.
       (b) Express Loan Authority for Accredited Lenders.--
       (1) In general.--Section 507 of the Small Business 
     Investment Act of 1958 (15 U.S.C. 697d) is amended by 
     striking subsection (e) and inserting the following:
       ``(e) Express Loan Authority.--A local development company 
     designated as an accredited lender in accordance with 
     subsection (b)--
       ``(1) may--
       ``(A) approve, authorize, close, and service covered loans 
     that are funded with proceeds of a debenture issued by the 
     company; and
       ``(B) authorize the guarantee of a debenture described in 
     subparagraph (A); and
       ``(2) with respect to a covered loan, shall be subject to 
     final approval as to eligibility of any guarantee by the 
     Administration pursuant to section 503(a), but such final 
     approval shall not include review of decisions by the lender 
     involving creditworthiness, loan closing, or compliance with 
     legal requirements imposed by law or regulation.
       ``(f) Definitions.--In this section--
       ``(1) the term `accredited lender certified company' means 
     a certified development company that meets the requirements 
     under subsection (b), including a certified development 
     company that the Administration has designated as an 
     accredited lender under that subsection;
       ``(2) the term `covered loan'--
       ``(A) means a loan made under section 502 in an amount that 
     is not more than $500,000; and
       ``(B) does not include a loan made to a borrower that is in 
     an industry that has a high rate of default, as annually 
     determined by the Administrator and reported in rules of the 
     Administration; and
       ``(3) the term `qualified State or local development 
     company' has the meaning given the term in section 503(e).''.
       (2) Prospective repeal.--Effective on September 30, 2023, 
     section 507 of the Small Business Investment Act of 1958 (15 
     U.S.C. 697d), as amended by paragraph (1), is amended by 
     striking subsections (e) and (f) and inserting the following:
       ``(e) Definition.--In this section, the term `qualified 
     State or local development company' has the meaning given the 
     term in section 503(e).''.
       (c) Refinancing Senior Project Debt.--During the 1-year 
     period beginning on the date of enactment of this Act, a 
     development company described in title V of the Small 
     Business Investment Act of 1958 (15 U.S.C. 695 et seq.) is 
     authorized to allow the refinancing of a senior loan on an 
     existing project in an amount that, when combined with the 
     outstanding balance on the development company loan, is not 
     more than 90 percent of the total loan to value. Proceeds of 
     such refinancing can be used to support business operating 
     expenses.

     SEC. 329. RECOVERY ASSISTANCE UNDER THE MICROLOAN PROGRAM.

       (a) Loans to Intermediaries.--
       (1) In general.--Section 7(m) of the Small Business Act (15 
     U.S.C. 636(m)) is amended--
       (A) in paragraph (3)(C)--
       (i) by striking ``and $6,000,000'' and inserting `` 
     $10,000,000 (in the aggregate)''; and
       (ii) by inserting before the period at the end the 
     following: ``, and $4,500,000 in any of those remaining 
     years'';
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``subparagraph (C)'' 
     each place that term appears and inserting ``subparagraphs 
     (C) and (G)'';
       (ii) in subparagraph (C), by amending clause (i) to read as 
     follows:
       ``(i) In general.--In addition to grants made under 
     subparagraph (A) or (G), each intermediary shall be eligible 
     to receive a grant equal to 5 percent of the total 
     outstanding balance of loans made to the intermediary under 
     this subsection if--

       ``(I) the intermediary provides not less than 25 percent of 
     its loans to small business concerns located in or owned by 1 
     or more residents of an economically distressed area; or
       ``(II) the intermediary has a portfolio of loans made under 
     this subsection--

       ``(aa) that averages not more than $10,000 during the 
     period of the intermediary's participation in the program; or
       ``(bb) of which not less than 25 percent is serving rural 
     areas during the period of the intermediary's participation 
     in the program.''; and
       (iii) by adding at the end the following:
       ``(G) Grant amounts based on appropriations.--In any fiscal 
     year in which the amount appropriated to make grants under 
     subparagraph (A) is sufficient to provide to each 
     intermediary that receives a loan under paragraph (1)(B)(i) a 
     grant of not less than 25 percent of the total outstanding 
     balance of loans made to the intermediary under this 
     subsection, the Administration shall make a grant under 
     subparagraph (A) to each intermediary of not less than 25 
     percent and not more than 30 percent of that total 
     outstanding balance for the intermediary.''; and
       (C) in paragraph (11)--
       (i) in subparagraph (C)(ii), by striking all after the 
     semicolon and inserting ``and''; and
       (ii) by striking all after subparagraph (C) and inserting 
     the following:
       ``(D) the term `economically distressed area', as used in 
     paragraph (4), means a county or equivalent division of local 
     government of a State in which the small business concern is 
     located, in which, according to the most recent data 
     available from the Bureau of the Census, Department of 
     Commerce, not less than 40 percent of residents have an 
     annual income that is at or below the poverty level.''.
       (2) Prospective amendment.--Effective on October 1, 2021, 
     section 7(m)(3)(C) of the Small Business Act (15 U.S.C. 
     636(m)(3)(C)), as amended by paragraph (1)(A), is amended--
       (A) by striking `` $10,000,000'' and by inserting `` 
     $7,000,000''; and
       (B) by striking `` $4,500,000'' and inserting `` 
     $3,000,000''.
       (b) Temporary Waiver of Technical Assistance Grants 
     Matching Requirements and Flexibility on Pre- and Post-Loan 
     Assistance.--During the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021, the 
     Administration shall waive--
       (1) the requirement to contribute non-Federal funds under 
     section 7(m)(4)(B) of the Small Business Act (15 U.S.C. 
     636(m)(4)(B)); and
       (2) the limitation on amounts allowed to be expended to 
     provide information and technical assistance under clause (i) 
     of section 7(m)(4)(E) of the Small Business Act (15 U.S.C. 
     636(m)(4)(E)) and enter into third party contracts for the 
     provision of technical assistance under clause (ii) of such 
     section 7(m)(4)(E).
       (c) Temporary Duration of Loans to Borrowers.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on September 30, 2021, the 
     duration of a loan made by an eligible intermediary under 
     section 7(m) of the Small Business Act (15 U.S.C. 636(m))--
       (A) to an existing borrower may be extended to not more 
     than 8 years; and
       (B) to a new borrower may be not more than 8 years.
       (2) Reversion.--On and after October 1, 2021, the duration 
     of a loan made by an eligible intermediary to a borrower 
     under section 7(m) of the Small Business Act (15 U.S.C. 
     636(m)) shall be 7 years or such other amount established by 
     the Administrator.
       (d) Funding.--Section 20 of the Small Business Act (15 
     U.S.C. 631 note) is amended by adding at the end the 
     following:
       ``(h) Microloan Program.--For each of fiscal years 2021 
     through 2025, the Administration is authorized to make--
       ``(1) $80,000,000 in technical assistance grants, as 
     provided in section 7(m); and
       ``(2) $110,000,000 in direct loans, as provided in section 
     7(m).''.
       (e) Authorization of Appropriations.--In addition to 
     amounts provided under the Consolidated Appropriations Act, 
     2020 (Public Law 116-93; 133 Stat. 2317) for the program 
     established under section 7(m) of the Small Business Act (15 
     U.S.C. 636(m)) and amounts provided for fiscal year 2021 for 
     that program, there is authorized to be appropriated for 
     fiscal year 2021, to remain available until expended--
       (1) $50,000,000 to provide technical assistance grants 
     under such section 7(m); and
       (2) $7,000,000 to provide direct loans under such section 
     7(m).

     SEC. 330. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.

       (a) In General.--The Administrator shall ensure that a 
     small business concern participating in the program 
     established under section 8(a) of the Small Business Act (15 
     U.S.C. 637(a)) on or before September 9, 2020, may elect to 
     extend such participation by a period of 1 year, regardless 
     of whether the small business concern previously elected to 
     suspend participation in the program pursuant to guidance of 
     the Administrator.
       (b) Emergency Rulemaking Authority.--Not later than 15 days 
     after the date of enactment of this Act, the Administrator 
     shall issue regulations to carry out this section without 
     regard to the notice requirements under section 553(b) of 
     title 5, United States Code.

     SEC. 331. TARGETED EIDL ADVANCE FOR SMALL BUSINESS 
                   CONTINUITY, ADAPTATION, AND RESILIENCY.

       (a) Definitions.--In this section:
       (1) Agricultural enterprise.--The term ``agricultural 
     enterprise'' has the meaning given the term in section 18(b) 
     of the Small Business Act (15 U.S.C. 647(b)).
       (2) Covered entity.--The term ``covered entity''--
       (A) means an eligible entity that--
       (i) applies for a loan under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)) during the covered period, 
     including before the date of enactment of this Act;
       (ii) is located in a low-income community;
       (iii) has suffered an economic loss of greater than 30 
     percent; and
       (iv) employs not more than 300 employees; and
       (B) except with respect to an entity included under section 
     123.300(c) of title 13, Code of Federal Regulations, or any 
     successor regulation, does not include an agricultural 
     enterprise.
       (3) Covered period.--The term ``covered period'' has the 
     meaning given the term in section 1110(a)(1) of the CARES Act 
     (15 U.S.C. 9009(a)(1)), as amended by section 332 of this 
     Act.
       (4) Economic loss.--The term ``economic loss'' means, with 
     respect to a covered entity--
       (A) the amount by which the gross receipts of the covered 
     entity declined during an 8-week period between March 2, 
     2020, and December 31, 2021, relative to a comparable 8-week 
     period immediately preceding March 2, 2020, or during 2019; 
     or
       (B) if the covered entity is a seasonal business concern, 
     such other amount determined appropriate by the 
     Administrator.
       (5) Eligible entity.--The term ``eligible entity'' means an 
     entity that, during the covered period, is eligible for a 
     loan made under section 7(b)(2) of the Small Business Act (15 
     U.S.C. 636(b)(2)), as described in section 1110(b) of the 
     CARES Act (15 U.S.C. 9009(b)).
       (6) Low-income community.--The term ``low-income 
     community'' has the meaning given the term in section 45D(e) 
     of the Internal Revenue Code of 1986.
       (b) Entitlement to Full Amount.--
       (1) In general.--Subject to paragraph (2), a covered 
     entity, after submitting a request to the Administrator that 
     the Administrator verifies

[[Page H7553]]

     under subsection (c), shall receive a total of $10,000 under 
     section 1110(e) of the CARES Act (15 U.S.C. 9009(e)), without 
     regard to whether--
       (A) the applicable loan for which the covered entity 
     applies or applied under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)) is or was approved;
       (B) the covered entity accepts or accepted the offer of the 
     Administrator with respect to an approved loan described in 
     subparagraph (A); or
       (C) the covered entity has previously received a loan under 
     section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)).
       (2) Effect of previously received amounts.--
       (A) In general.--With respect to a covered entity that 
     received an emergency grant under section 1110(e) of the 
     CARES Act (15 U.S.C. 9009(e)) before the date of enactment of 
     this Act, the amount of the payment that the covered entity 
     shall receive under this subsection (after satisfaction of 
     the procedures required under subparagraph (B)) shall be the 
     difference between $10,000 and the amount of that previously 
     received grant.
       (B) Procedures.--If the Administrator receives a request 
     under paragraph (1) from a covered entity described in 
     subparagraph (A) of this paragraph, the Administrator shall, 
     not later than 21 days after the date on which the 
     Administrator receives the request--
       (i) perform the verification required under subsection (c);
       (ii) if the Administrator, under subsection (c), verifies 
     that the entity is a covered entity, provide to the covered 
     entity a payment in the amount described in subparagraph (A); 
     and
       (iii) with respect to a covered entity that the 
     Administrator determines is not entitled to a payment under 
     this section, provide the covered entity with a notification 
     explaining why the Administrator reached that determination.
       (C) Rule of construction.--Nothing in this paragraph may be 
     construed to require any entity that received an emergency 
     grant under section 1110(e) of the CARES Act (15 U.S.C. 
     9009(e)) before the date of enactment of this Act to repay 
     any amount of that grant.
       (c) Verification.--In carrying out this section, the 
     Administrator shall require any information, including any 
     tax records, from an entity submitting a request under 
     subsection (b) that the Administrator determines to be 
     necessary to verify that the entity is a covered entity, 
     without regard to whether the entity has previously submitted 
     such information to the Administrator.
       (d) Order of Processing.--The Administrator shall process 
     and approve requests for payments under subsection (b) in the 
     order that the Administrator receives the requests, except 
     that the Administrator shall give--
       (1) first priority to covered entities described in 
     subsection (b)(2)(A); and
       (2) second priority to covered entities that have not 
     received emergency grants under section 1110(e) of the CARES 
     Act (15 U.S.C. 9009(e)), as of the date on which the 
     Administrator receives such a request, because of the 
     unavailability of funding to carry out such section 1110(e).
       (e) Applicability.--In addition to any other restriction 
     imposed under this section, any eligibility restriction 
     applicable to a loan made under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)), including any restriction 
     under section 123.300 or 123.301 of title 13, Code of Federal 
     Regulations, or any successor regulation, shall apply with 
     respect to funding provided under this section.
       (f) Notification Required.--The Administrator shall provide 
     notice to each of the following entities stating that the 
     entity may be eligible for a payment under this section if 
     the entity satisfies the requirements under clauses (ii), 
     (iii), and (iv) of subsection (a)(2)(A):
       (1) Each entity that received an emergency grant under 
     section 1110(e) of the CARES Act (15 U.S.C. 9009(e)) before 
     the date of enactment of this Act.
       (2) Each entity that, before the date of enactment of this 
     Act--
       (A) applied for a loan under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)); and
       (B) did not receive an emergency grant under section 
     1110(e) of the CARES Act (15 U.S.C. 9009(e)) because of the 
     unavailability of funding to carry out such section 1110(e).
       (g) Administration.--In carrying out this section, the 
     Administrator may rely on loan officers and other personnel 
     of the Office of Disaster Assistance of the Administration 
     and other resources of the Administration, including 
     contractors of the Administration.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Administrator $20,000,000,000 to 
     carry out this section--
       (1) which shall remain available through December 31, 2021; 
     and
       (2) of which $20,000,000 is authorized to be appropriated 
     to the Inspector General of the Administration to prevent 
     waste, fraud, and abuse with respect to funding provided 
     under this section.

     SEC. 332. EMERGENCY EIDL GRANTS.

       Section 1110 of the CARES Act (15 U.S.C. 9009) is amended--
       (1) in subsection (a)(1), by striking ``December 31, 2020'' 
     and inserting ``December 31, 2021'';
       (2) in subsection (d), by striking paragraphs (1) and (2) 
     and inserting the following:
       ``(1) approve an applicant--
       ``(A) based solely on the credit score of the applicant; or
       ``(B) by using alternative appropriate methods to determine 
     an applicant's ability to repay; and
       ``(2) use information from the Department of the Treasury 
     to confirm that--
       ``(A) an applicant is eligible to receive such a loan; or
       ``(B) the information contained in an application for such 
     a loan is accurate.''; and
       (3) in subsection (e)--
       (A) in paragraph (1)--
       (i) by striking ``During the covered period'' and inserting 
     the following:
       ``(A) Advances.--During the covered period'';
       (ii) in subparagraph (A), as so designated, by striking 
     ``within 3 days after the Administrator receives an 
     application from such applicant''; and
       (iii) by adding at the end the following:
       ``(B) Timing.--With respect to each request submitted to 
     the Administrator under subparagraph (A), the Administrator 
     shall, not later than 21 days after the date on which the 
     Administrator receives the request--
       ``(i) verify whether the entity is an entity that is 
     eligible for a loan made under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)) during the covered period, 
     as described in subsection (b);
       ``(ii) if the Administrator, under clause (i), verifies 
     that the entity submitting the request is an entity that is 
     eligible, as described in that clause, provide the advance 
     requested by the entity; and
       ``(iii) with respect to an entity that the Administrator 
     determines is not entitled to receive an advance under this 
     subsection, provide the entity with a notification explaining 
     why the Administrator reached that determination.'';
       (B) in paragraph (7), by striking `` $20,000,000,000'' and 
     inserting `` $40,000,000,000''; and
       (C) in paragraph (8), by striking ``December 31, 2020'' and 
     inserting ``December 31, 2021''.

     SEC. 333. REPEAL OF EIDL ADVANCE DEDUCTION.

       (a) Definitions.--In this section--
       (1) the term ``covered entity'' means an entity that 
     receives an advance under section 1110(e) of the CARES Act 
     (15 U.S.C. 9009(e)), including an entity that received such 
     an advance before the date of enactment of this Act; and
       (2) the term ``covered period'' has the meaning given the 
     term in section 1110(a)(1) of the CARES Act (15 U.S.C. 
     9009(a)(1)), as amended by section 332 of this Act.
       (b) Sense of Congress.--It is the sense of Congress that 
     borrowers of loans made under section 7(b)(2) of the Small 
     Business Act (15 U.S.C. 636(b)(2)) in response to COVID-19 
     during the covered period should be made whole, without 
     regard to whether those borrowers are eligible for 
     forgiveness with respect to those loans.
       (c) Repeal.--Section 1110(e)(6) of the CARES Act (15 U.S.C. 
     9009(e)(6)) is repealed.
       (d) Effective Date; Applicability.--The amendment made by 
     subsection (c) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281).
       (e) Rulemaking.--
       (1) In general.--Not later than 15 days after the date of 
     enactment of this Act, the Administrator shall issue rules 
     that ensure the equal treatment of all covered entities with 
     respect to the amendment made by subsection (c), which shall 
     include consideration of covered entities that, before the 
     date of enactment of this Act, completed the loan forgiveness 
     process described in section 1110(e)(6) of the CARES Act (15 
     U.S.C. 9009(e)(6)), as in effect before that date of 
     enactment.
       (2) Notice and comment.-- The notice and comment 
     requirements under section 553 of title 5, United States 
     Code, shall not apply with respect to the rules issued under 
     paragraph (1).

     SEC. 334. FLEXIBILITY IN DEFERRAL OF PAYMENTS OF 7(A) LOANS.

       Section 7(a)(7) of the Small Business Act (15 U.S.C. 
     636(a)(7)) is amended--
       (1) by striking ``The Administration'' and inserting ``(A) 
     In general.--The Administrator'';
       (2) in subparagraph (A), as so designated, by inserting 
     ``and interest'' after ``principal''; and
       (3) by adding at the end the following:
       ``(B) Deferral requirements.--With respect to a deferral 
     provided under this paragraph, the Administrator may allow 
     lenders under this subsection--
       ``(i) to provide full payment deferment relief (including 
     payment of principal and interest) for a period of not more 
     than 1 year; and
       ``(ii) to provide an additional deferment period if the 
     borrower provides documentation justifying such additional 
     deferment.
       ``(C) Secondary market.--
       ``(i) In general.--Except as provided in clause (ii), if an 
     investor declines to approve a deferral or additional 
     deferment requested by a lender under subparagraph (B), the 
     Administrator shall exercise the authority to purchase the 
     loan so that the borrower may receive full payment deferment 
     relief (including payment of principal and interest) or an 
     additional deferment as described in subparagraph (B).
       ``(ii) Exception.--If, in a fiscal year, the Administrator 
     determines that the cost of implementing clause (i) is 
     greater than zero, the Administrator shall not implement that 
     clause.''.

     SEC. 335. DOCUMENTATION REQUIRED FOR CERTAIN ELIGIBLE 
                   RECIPIENTS.

       (a) In General.--Section 7(a)(36)(D)(ii)(II) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(D)(ii)(II)) is amended by 
     striking ``as is necessary'' and all that follows through the 
     period at the end and inserting ``as determined necessary by 
     the Administrator and the Secretary, to establish the 
     applicant as eligible.''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 336. ELECTION OF 12-WEEK PERIOD BY SEASONAL EMPLOYERS.

       (a) In General.--Section 7(a)(36)(E)(i)(I)(aa)(AA) of the 
     Small Business

[[Page H7554]]

     Act (15 U.S.C. 636(a)(36)(E)(i)(I)(aa)(AA)) is amended by 
     striking ``, in the case of an applicant'' and all that 
     follows through ``June 30, 2019'' and inserting the 
     following: ``an applicant that is a seasonal employer shall 
     use the average total monthly payments for payroll for any 
     12-week period selected by the seasonal employer between 
     February 15, 2019, and February 15, 2020''.
       (b) Effective Date; Applicability.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendment made by subsection (a) shall be effective as if 
     included in the CARES Act (Public Law 116-136; 134 Stat. 281) 
     and shall apply to any loan made pursuant to section 7(a)(36) 
     of the Small Business Act (15 U.S.C. 636(a)(36)) before, on, 
     or after the date of enactment of this Act, including 
     forgiveness of such a loan.
       (2) Exclusion of loans already forgiven.--The amendment 
     made by subsection (a) shall not apply to a loan made 
     pursuant to section 7(a)(36) of the Small Business Act (15 
     U.S.C. 636(a)(36)) for which the borrower received 
     forgiveness before the date of enactment of this Act under 
     section 1106 of the CARES Act, as in effect on the day before 
     such date of enactment.

     SEC. 337. INCLUSION OF CERTAIN REFINANCING IN NONRECOURSE 
                   REQUIREMENTS.

       (a) In General.--Section 7(a)(36)(F)(v) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(F)(v)) is amended by 
     striking ``clause (i)'' and inserting ``clause (i) or (iv)''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 338. APPLICATION OF CERTAIN TERMS THROUGH LIFE OF 
                   COVERED LOAN.

       (a) In General.--Section 7(a)(36) of the Small Business Act 
     (15 U.S.C. 636(a)(36)) is amended--
       (1) in subparagraph (H), in the matter preceding clause 
     (i), by striking ``During the covered period, with'' and 
     inserting ``With'';
       (2) in subparagraph (J), in the matter preceding clause 
     (i), by striking ``During the covered period, with'' and 
     inserting ``With''; and
       (3) in subparagraph (M)--
       (A) in clause (ii), in the matter preceding subclause (I), 
     by striking ``During the covered period, the'' and inserting 
     ``The''; and
       (B) in clause (iii), by striking ``During the covered 
     period, with'' and inserting ``With''.
       (b) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 339. INTEREST CALCULATION ON COVERED LOANS.

       (a) Definitions.--In this section, the terms ``covered 
     loan'' and ``eligible recipient'' have the meanings given the 
     terms in section 7(a)(36)(A) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)).
       (b) Calculation.--Section 7(a)(36)(L) of the Small Business 
     Act (15 U.S.C. 636(a)(36)(L)) is amended by inserting ``, 
     calculated on a non-compounding, non-adjustable basis'' after 
     ``4 percent''.
       (c) Applicability.--The amendment made by subsection (b) 
     may apply with respect to a covered loan made before the date 
     of enactment of this Act, upon the agreement of the lender 
     and the eligible recipient with respect to the covered loan.

     SEC. 340. REIMBURSEMENT FOR PROCESSING.

       (a) Reimbursement.--Section 7(a)(36)(P) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(P)) is amended--
       (1) by amending clause (i) to read as follows:
       ``(i) In general.--The Administrator shall reimburse a 
     lender authorized to make a covered loan as follows:

       ``(I) With respect to a covered loan made during the period 
     beginning on the date of enactment of this paragraph and 
     ending on the day before the date of enactment of the 
     Economic Aid to Hard-Hit Small Businesses, Nonprofits, and 
     Venues Act, the Administrator shall reimburse such a lender 
     at a rate, based on the balance of the financing outstanding 
     at the time of disbursement of the covered loan, of--

       ``(aa) 5 percent for loans of not more than $350,000;
       ``(bb) 3 percent for loans of more than $350,000 and less 
     than $2,000,000; and
       ``(cc) 1 percent for loans of not less than $2,000,000.

       ``(II) With respect to a covered loan made on or after the 
     date of enactment of the Economic Aid to Hard-Hit Small 
     Businesses, Nonprofits, and Venues Act, the Administrator 
     shall reimburse such a lender--

       ``(aa) for a covered loan of not more than $50,000, in an 
     amount equal to the lesser of--
       ``(AA) 50 percent of the balance of the financing 
     outstanding at the time of disbursement of the covered loan; 
     or
       ``(BB) $2,500; and
       ``(bb) at a rate, based on the balance of the financing 
     outstanding at the time of disbursement of the covered loan, 
     of--
       ``(AA) 5 percent for a covered loan of more than $50,000 
     and not more than $350,000;
       ``(BB) 3 percent for a covered loan of more than $350,000 
     and less than $2,000,000; and
       ``(CC) 1 percent for a covered loan of not less than 
     $2,000,000.''; and
       (2) by amending clause (iii) to read as follows:
       ``(iii) Timing.--A reimbursement described in clause (i) 
     shall be made not later than 5 days after the reported 
     disbursement of the covered loan and may not be required to 
     be repaid by a lender unless the lender is found guilty of an 
     act of fraud in connection with the covered loan.''.
       (b) Fee Limits.--
       (1) In general.--Section 7(a)(36)(P)(ii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(P)(ii)) is amended by 
     adding at the end the following: ``If an eligible recipient 
     has knowingly retained an agent, such fees shall be paid by 
     the eligible recipient and may not be paid out of the 
     proceeds of a covered loan. A lender shall only be 
     responsible for paying fees to an agent for services for 
     which the lender directly contracts with the agent.''.
       (2) Effective date; applicability.--The amendment made by 
     paragraph (1) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 341. DUPLICATION REQUIREMENTS FOR ECONOMIC INJURY 
                   DISASTER LOAN RECIPIENTS.

       Section 7(a)(36)(Q) of the Small Business Act (15 U.S.C. 
     636(a)(36)(Q)) is amended by striking ``during the period 
     beginning on January 31, 2020, and ending on the date on 
     which covered loans are made available''.

     SEC. 342. PROHIBITION OF ELIGIBILITY FOR PUBLICLY-TRADED 
                   COMPANIES.

       Section 7(a)(36) of the Small Business Act (15 U.S.C. 
     636(a)(36)) is amended--
       (1) in subparagraph (A), as amended by section 318 of this 
     Act, by adding at the end the following:
       ``(xvi) the terms `exchange', `issuer', and `security' have 
     the meanings given those terms in section 3(a) of the 
     Securities Exchange Act of 1934 (15 U.S.C. 78c(a)).''; and
       (2) in subparagraph (D), as amended by section 318 of this 
     Act by adding at the end the following:
       ``(viii) Ineligibility of publicly-traded entities.--
     Notwithstanding any other provision of this paragraph, on and 
     after the date of enactment of the Economic Aid to Hard-Hit 
     Small Businesses, Nonprofits, and Venues Act, an entity that 
     is an issuer, the securities of which are listed on an 
     exchange registered as a national securities exchange under 
     section 6 of the Securities Exchange Act of 1934 (15 U.S.C. 
     78f), shall be ineligible to receive a covered loan under 
     this paragraph.''.

     SEC. 343. COVERED PERIOD FOR NEW PARAGRAPH (36) LOANS.

       (a) In General.--Section 7(a)(36)(A)(iii) of the Small 
     Business Act (15 U.S.C. 636(a)(36)(A)(iii)) is amended by 
     striking ``December 31, 2020'' and inserting ``March 31, 
     2021''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281) and shall apply to 
     any loan made pursuant to section 7(a)(36) of the Small 
     Business Act (15 U.S.C. 636(a)(36)) before, on, or after the 
     date of enactment of this Act, including forgiveness of such 
     a loan.

     SEC. 344. APPLICABLE PERIODS FOR PRORATION.

       Section 7(a)(36)(A)(viii) of the Small Business Act (15 
     U.S.C. 636(a)(36)(A)(viii)) is amended--
       (1) in subclause (I)(bb), by striking ``in 1 year, as 
     prorated for the covered period'' and inserting ``on an 
     annualized basis, as prorated for the period during which the 
     payments are made or the obligation to make the payments is 
     incurred''; and
       (2) in subclause (II)--
       (A) in item (aa), by striking ``an annual salary of 
     $100,000, as prorated for the covered period'' and inserting 
     `` $100,000 on an annualized basis, as prorated for the 
     period during which the compensation is paid or the 
     obligation to pay the compensation is incurred''; and
       (B) in item (bb), by striking ``covered'' and inserting 
     ``applicable''.

     SEC. 345. EXTENSION OF WAIVER OF MATCHING FUNDS REQUIREMENT 
                   UNDER THE WOMEN'S BUSINESS CENTER PROGRAM.

       (a) In General.--Section 1105 of the CARES Act (15 U.S.C. 
     9004) is amended by striking ``the 3-month period beginning 
     on the date of enactment of this Act'' and inserting ``the 
     period beginning on the date of enactment of this Act and 
     ending on June 30, 2021''.
       (b) Effective Date; Applicability.--The amendment made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281).

     SEC. 346. CLARIFICATION OF USE OF CARES ACT FUNDS FOR SMALL 
                   BUSINESS DEVELOPMENT CENTERS.

       (a) In General.--Section 1103(b)(3)(A) of the CARES Act (15 
     U.S.C. 9002(b)(3)(A)) is amended--
       (1) by striking ``The Administration'' and inserting the 
     following:
       ``(i) In general.--The Administration''; and
       (2) by adding at the end the following:
       ``(ii) Clarification of use.--Awards made under clause (i) 
     shall be in addition to, and separate from, any amounts 
     appropriated to make grants under section 21(a) of the Small 
     Business Act (15 U.S.C. 648(a)) and such an award may be used 
     to complement and support such a grant, except that priority 
     with respect to the receipt of that assistance shall be given 
     to small business development centers that have been affected 
     by issues described in paragraph (2).''.
       (b) Effective Date; Applicability.--The amendments made by 
     subsection (a) shall be effective as if included in the CARES 
     Act (Public Law 116-136; 134 Stat. 281).

     SEC. 347. GAO REPORT.

       Not later than 120 days after the date of enactment of this 
     Act, the Comptroller General of the United States shall 
     submit to the Committee on Small Business and 
     Entrepreneurship of the

[[Page H7555]]

     Senate and the Committee on Small Business of the House of 
     Representatives a report regarding the use by the 
     Administration of funds made available to the Administration 
     through supplemental appropriations in fiscal year 2020, the 
     purpose of which was for administrative expenses.

     SEC. 348. EFFECTIVE DATE; APPLICABILITY.

       Except as otherwise provided in this Act, this Act and the 
     amendments made by this Act shall take effect on the date of 
     enactment of this Act and apply to loans and grants made on 
     or after the date of enactment of this Act.

                        TITLE IV--TRANSPORTATION

              Subtitle A--Airline Worker Support Extension

     SEC. 401. DEFINITIONS.

       Unless otherwise specified, the definitions in section 
     40102(a) of title 49, United States Code, shall apply to this 
     subtitle, except that in this subtitle--
       (1) the term ``catering functions'' means preparation, 
     assembly, or both, of food, beverages, provisions and related 
     supplies for delivery, and the delivery of such items, 
     directly to aircraft or to a location on or near airport 
     property for subsequent delivery to aircraft;
       (2) the term ``contractor'' means--
       (A) a person that performs, under contract with a passenger 
     air carrier conducting operations under part 121 of title 14, 
     Code of Federal Regulations--
       (i) catering functions; or
       (ii) functions on the property of an airport that are 
     directly related to the air transportation of persons, 
     property, or mail, including, but not limited to, the loading 
     and unloading of property on aircraft, assistance to 
     passengers under part 382 of title 14, Code of Federal 
     Regulations, security, airport ticketing and check-in 
     functions, ground-handling of aircraft, or aircraft cleaning 
     and sanitization functions and waste removal; or
       (B) a subcontractor that performs such functions;
       (3) the term ``employee'' means an individual, other than a 
     corporate officer, who is employed by an air carrier or a 
     contractor;
       (4) the term ``recall'' means the dispatch of a notice by a 
     passenger air carrier or a contractor, via mail, courier, or 
     electronic mail, to an involuntarily furloughed employee 
     notifying the employee that--
       (A) the employee must, within a specified period of time, 
     elect either--
       (i) to return to employment or bypass return to employment, 
     in accordance with an applicable collective bargaining 
     agreement or, in the absence of a collective bargaining 
     agreement, company policy; or
       (ii) to permanently separate from employment with the 
     passenger air carrier or contractor; and
       (B) failure to respond within such time period specified 
     shall be considered an election under subparagraph (A)(ii);
       (5) the term ``returning employee'' means an involuntarily 
     furloughed employee who has elected to return to employment 
     pursuant to a recall notice; and
       (6) the term ``Secretary'' means the Secretary of the 
     Treasury.

     SEC. 402. PANDEMIC RELIEF FOR AVIATION WORKERS.

       (a) Financial Assistance for Employee Wages, Salaries, and 
     Benefits.--Notwithstanding any other provision of law, to 
     preserve aviation jobs and compensate air carrier industry 
     workers, the Secretary shall provide financial assistance 
     that shall exclusively be used for the continuation of 
     payment of employee wages, salaries, and benefits to--
       (1) passenger air carriers, in an aggregate amount up to 
     $15,000,000,000; and
       (2) contractors, in an aggregate amount up to 
     $1,000,000,000.
       (b) Administrative Expenses.--Notwithstanding any other 
     provision of law, the Secretary may use funds made available 
     under section 4112(b) of the CARES Act (15 U.S.C. 9072(b)) 
     for costs and administrative expenses associated with 
     providing financial assistance under this subtitle.

     SEC. 403. PROCEDURES FOR PROVIDING PAYROLL SUPPORT.

       (a) Awardable Amounts.--The Secretary shall provide 
     financial assistance under this subtitle--
       (1) to a passenger air carrier required to file reports 
     pursuant to part 241 of title 14, Code of Federal 
     Regulations, as of March 27, 2020, in an amount equal to--
       (A) the amount such air carrier was approved to receive 
     (without taking into account any pro rata reduction) under 
     section 4113 of the CARES Act (15 U.S.C. 9073); or
       (B) at the request of such air carrier, or in the event 
     such air carrier did not receive assistance under section 
     4113 of the CARES Act (15 U.S.C. 9073), the amount of the 
     salaries and benefits reported by the air carrier to the 
     Department of Transportation pursuant to such part 241, for 
     the period from October 1, 2019, through March 31, 2020;
       (2) to a passenger air carrier that was not required to 
     transmit reports under such part 241, as of March 27, 2020, 
     in an amount equal to--
       (A) the amount such air carrier was approved to receive 
     (without taking into account any pro rata reduction) under 
     section 4113 of the CARES Act (15 U.S.C. 9073), plus an 
     additional 15 percent of such amount;
       (B) at the request of such air carrier, provided such air 
     carrier received assistance under section 4113 of the CARES 
     Act (15 U.S.C. 9073), the sum of--
       (i) the amount that such air carrier certifies, using sworn 
     financial statements or other appropriate data, as the amount 
     of total salaries and related fringe benefits that such air 
     carrier incurred and would be required to be reported to the 
     Department of Transportation pursuant to such part 241, if 
     such air carrier was required to transmit such information 
     during the period from April 1, 2019, through September 30, 
     2019; and
       (ii) an additional amount equal to the difference between 
     the amount certified under clause (i) and the amount the air 
     carrier received under section 4113 of the CARES Act (15 
     U.S.C. 9073); or
       (C) in the event such air carrier did not receive 
     assistance under section 4113 of the CARES Act (15 U.S.C. 
     9073), an amount that such an air carrier certifies, using 
     sworn financial statements or other appropriate data, as the 
     amount of total salaries and related fringe benefits that 
     such air carrier incurred and would be required to be 
     reported to the Department of Transportation pursuant to such 
     part 241, if such air carrier was required to transmit such 
     information during the period from October 1, 2019, through 
     March 31, 2020; and
       (3) to a contractor in an amount equal to--
       (A) the amount such contractor was approved to receive 
     (without taking into account any pro rata reduction) under 
     section 4113 of the CARES Act (15 U.S.C. 9073); or
       (B) in the event such contractor did not receive assistance 
     under section 4113 of the CARES Act (15 U.S.C. 9073), an 
     amount that the contractor certifies, using sworn financial 
     statements or other appropriate data, as the amount of wages, 
     salaries, benefits, and other compensation that such 
     contractor paid the employees of such contractor during the 
     period from October 1, 2019, through March 31, 2020.
       (b) Deadlines and Procedures.--
       (1) In general.--
       (A) Forms; terms and conditions.--Financial assistance 
     provided to a passenger air carrier or contractor under this 
     subtitle shall--
       (i) be, to the maximum extent practicable, in the same form 
     and on the same terms and conditions (including requirements 
     for audits and the clawback of any financial assistance 
     provided upon failure by a passenger air carrier or 
     contractor to honor the assurances specified in section 404), 
     as agreed to by the Secretary and the recipient for 
     assistance received under section 4113 of the CARES Act (15 
     U.S.C. 9073), except if inconsistent with this subtitle; or
       (ii) in the event such a passenger air carrier or a 
     contractor did not receive assistance under section 4113 of 
     the CARES Act (15 U.S.C. 9073), be, to the maximum extent 
     practicable, in the same form and on the same terms and 
     conditions (including requirements for audits and the 
     clawback of any financial assistance provided upon failure by 
     a passenger air carrier or contractor to honor the assurances 
     specified in section 404), as agreed to by the Secretary and 
     similarly situated recipients of assistance under such 
     section 4113.
       (B) Procedures.--The Secretary shall, to the maximum extent 
     practicable, publish streamlined and expedited procedures not 
     later than 5 days after the date of enactment of this 
     subtitle for passenger air carriers and contractors to submit 
     requests for financial assistance under this subtitle.
       (2) Deadline for immediate payroll assistance.--Not later 
     than 10 days after the date of enactment of this subtitle, 
     the Secretary shall make initial payments to passenger air 
     carriers and contractors that submit requests for financial 
     assistance approved by the Secretary.
       (3) Subsequent payments.--The Secretary shall determine an 
     appropriate method for the timely distribution of payments to 
     passenger air carriers and contractors with approved requests 
     for financial assistance from any funds remaining available 
     after providing initial financial assistance payments under 
     paragraph (2).
       (c) Pro Rata Reductions.--The Secretary shall have the 
     authority to reduce, on a pro rata basis, the amounts due to 
     passenger air carriers and contractors under subsection (a) 
     in order to address any shortfall in assistance that would 
     otherwise be provided under such subsection.
       (d) Audits.--The Inspector General of the Department of the 
     Treasury shall audit certifications made under subsection 
     (a).

     SEC. 404. REQUIRED ASSURANCES.

       (a) In General.--To be eligible for financial assistance 
     under this subtitle, a passenger air carrier or a contractor 
     shall enter into an agreement with the Secretary, or 
     otherwise certify in such form and manner as the Secretary 
     shall prescribe, that the passenger air carrier or contractor 
     shall--
       (1) refrain from conducting involuntary furloughs or 
     reducing pay rates and benefits until--
       (A) with respect to passenger air carriers, March 31, 2021; 
     or
       (B) with respect to contractors, March 31, 2021, or the 
     date on which the contractor expends such financial 
     assistance, whichever is later;
       (2) ensure that neither the passenger air carrier or 
     contractor nor any affiliate of the passenger air carrier or 
     contractor may, in any transaction, purchase an equity 
     security of the passenger air carrier or contractor or the 
     parent company of the passenger air carrier or contractor 
     that is listed on a national securities exchange through--
       (A) with respect to passenger air carriers, March 31, 2022; 
     or
       (B) with respect to contractors, March 31, 2022, or the 
     date on which the contractor expends such financial 
     assistance, whichever is later;
       (3) ensure that the passenger air carrier or contractor 
     shall not pay dividends, or make other capital distributions, 
     with respect to common stock (or equivalent interest) of the 
     air carrier or contractor through--
       (A) with respect to passenger air carriers, March 31, 2022; 
     or

[[Page H7556]]

       (B) with respect to contractors, March 31, 2022, or the 
     date on which the contractor expends such financial 
     assistance, whichever is later; and
       (4) meet the requirements of sections 405 and 406.
       (b) Recalls of Employees.--An agreement or certification 
     under this section shall require a passenger air carrier or 
     contractor to perform the following actions:
       (1) In the case of a passenger air carrier or contractor 
     that received financial assistance under title IV of the 
     CARES Act--
       (A) recall (as defined in section 401), not later than 72 
     hours after executing such agreement or certification, any 
     employees involuntarily furloughed by such passenger air 
     carrier or contractor between October 1, 2020, and the date 
     such passenger air carrier or contractor enters into an 
     agreement with the Secretary with respect to financial 
     assistance under this subtitle;
       (B) compensate returning employees for lost pay and 
     benefits (offset by any amounts received by the employee from 
     a passenger air carrier or contractor as a result of the 
     employee's furlough, including, but not limited to, furlough 
     pay, severance pay, or separation pay) between--
       (i) in the case of a passenger air carrier, December 1, 
     2020, and the date on which such passenger air carrier enters 
     into an agreement with the Secretary with respect to 
     financial assistance under this subtitle; or
       (ii) in the case of a contractor, the date of enactment of 
     this subtitle and the date on which such contractor enters 
     into an agreement with the Secretary with respect to 
     financial assistance under this subtitle; and
       (C) restore the rights and protections for such returning 
     employees as if such employees had not been involuntarily 
     furloughed.
       (2) In the case of a passenger air carrier or contractor 
     that did not receive financial assistance under title IV of 
     the CARES Act to--
       (A) recall (as defined in section 401), within 72 hours 
     after executing such agreement or certification, any 
     employees involuntarily furloughed by such passenger air 
     carrier or contractor between March 27, 2020, and the date 
     such passenger air carrier or contractor enters into an 
     agreement with the Secretary for financial assistance under 
     this subtitle;
       (B) compensate returning employees under this paragraph for 
     lost pay and benefits (offset by any amounts received by the 
     employee from a passenger air carrier or contractor as a 
     result of the employee's furlough, including, but not limited 
     to, furlough pay, severance pay, or separation pay) between--
       (i) in the case of a passenger air carrier, December 1, 
     2020, and the date such passenger air carrier enters into an 
     agreement with the Secretary for financial assistance under 
     this subtitle; or
       (ii) in the case of a contractor, the date of enactment of 
     this subtitle and the date on which such contractor enters 
     into an agreement with the Secretary with respect to 
     financial assistance under this subtitle; and
       (C) restore the rights and protections for such returning 
     employees as if such employees had not been involuntarily 
     furloughed.

     SEC. 405. PROTECTION OF COLLECTIVE BARGAINING AGREEMENTS.

       (a) In General.--Neither the Secretary, nor any other 
     actor, department, or agency of the Federal Government, shall 
     condition the issuance of financial assistance under this 
     subtitle on a passenger air carrier's or contractor's 
     implementation of measures to enter into negotiations with 
     the certified bargaining representative of a craft or class 
     of employees of the passenger air carrier or contractor under 
     the Railway Labor Act (45 U.S.C. 151 et seq.) or the National 
     Labor Relations Act (29 U.S.C. 151 et seq.), regarding pay or 
     other terms and conditions of employment.
       (b) Passenger Air Carrier Period of Effect.--With respect 
     to any passenger air carrier to which financial assistance is 
     provided under this subtitle, this section shall be in effect 
     with respect to the passenger air carrier for the period 
     beginning on the date on which the passenger air carrier is 
     first issued such financial assistance and ending on March 
     31, 2021.
       (c) Contractor Period of Effect.--With respect to any 
     contractor to which financial assistance is provided under 
     this subtitle, this section shall be in effect with respect 
     to the contractor beginning on the date on which the 
     contractor is first issued such financial assistance and 
     ending on March 31, 2021, or until the date on which all 
     funds are expended, whichever is later.

     SEC. 406. LIMITATION ON CERTAIN EMPLOYEE COMPENSATION.

       (a) In General.--The Secretary may only provide financial 
     assistance under this subtitle to a passenger air carrier or 
     contractor after such carrier or contractor enters into an 
     agreement with the Secretary that provides that, during the 
     2-year period beginning October 1, 2020, and ending October 
     1, 2022--
       (1) no officer or employee of the passenger air carrier or 
     contractor whose total compensation exceeded $425,000 in 
     calendar year 2019 (other than an employee whose compensation 
     is determined through an existing collective bargaining 
     agreement entered into prior to the date of enactment of this 
     subtitle) will receive from the passenger air carrier or 
     contractor--
       (A) total compensation that exceeds, during any 12 
     consecutive months of such 2-year period, the total 
     compensation received by the officer or employee from the 
     passenger air carrier or contractor in calendar year 2019; or
       (B) severance pay or other benefits upon termination of 
     employment with the passenger air carrier or contractor which 
     exceeds twice the maximum total compensation received by the 
     officer or employee from the passenger air carrier or 
     contractor in calendar year 2019; and
       (2) no officer or employee of the passenger air carrier or 
     contractor whose total compensation exceeded $3,000,000 in 
     calendar year 2019 may receive during any 12 consecutive 
     months of such period total compensation in excess of the sum 
     of--
       (A) $3,000,000; and
       (B) 50 percent of the excess over $3,000,000 of the total 
     compensation received by the officer or employee from the 
     passenger air carrier or contractor in calendar year 2019.
       (b) Total Compensation Defined.--In this section, the term 
     ``total compensation'' includes salary, bonuses, awards of 
     stock, and other financial benefits provided by a passenger 
     air carrier or contractor to an officer or employee of the 
     passenger air carrier or contractor.

     SEC. 407. MINIMUM AIR SERVICE GUARANTEES.

       (a) In General.--The Secretary of Transportation is 
     authorized to require, to the extent reasonable and 
     practicable, an air carrier provided financial assistance 
     under this subtitle to maintain scheduled air transportation, 
     as the Secretary of Transportation determines necessary, to 
     ensure services to any point served by that air carrier 
     before March 1, 2020.
       (b) Required Considerations.--When considering whether to 
     exercise the authority provided by this section, the 
     Secretary of Transportation shall take into consideration the 
     air transportation needs of small and remote communities, the 
     need to maintain well-functioning health care supply chains, 
     including medical devices and supplies, and pharmaceutical 
     supply chains.
       (c) Sunset.--The authority provided under this section 
     shall terminate on March 1, 2022, and any requirements issued 
     by the Secretary of Transportation under this section shall 
     cease to apply after that date.
       (d) Sense of Congress.--It is the sense of Congress that, 
     when implementing this section, the Secretary of 
     Transportation should take into consideration the following:
       (1) A number of airports and communities have lost air 
     service as a result of consolidated operations by covered air 
     carriers, as permitted by the Department of Transportation, 
     including smaller airports that are located near larger 
     airports.
       (2) Airports covering common points, as determined by the 
     Department of Transportation, do not align with the grouping 
     commonly used by many air carriers, other Federal agencies, 
     and distribution channels used by consumers to purchase air 
     travel.
       (3) The demographic, geographic, economic, and other 
     characteristics of an area and affected communities when 
     determining whether consolidated operations at a single 
     airport effectively serve the needs of the point.
       (4) Maintaining a robust air transportation system, 
     including maintaining air service to airports throughout the 
     United States, plays an important role in the effective 
     distribution of a coronavirus vaccine.
       (5) The objections from community respondents on whether a 
     specific airport should or should not be included in a 
     consolidated point, including those objections noting the 
     importance of the required considerations set forth in 
     subsection (b).

     SEC. 408. TAXPAYER PROTECTION.

       (a) CARES Act Assistance Recipients.--With respect to a 
     recipient of financial assistance under section 4113 of the 
     CARES Act (15 U.S.C. 9073) that receives financial assistance 
     under this subtitle, the Secretary may receive warrants, 
     options, preferred stock, debt securities, notes, or other 
     financial instruments issued by such recipient that are, to 
     the maximum extent practicable, in the same form and amount, 
     and under the same terms and conditions, as agreed to by the 
     Secretary and such recipient to provide appropriate 
     compensation to the Federal Government for the provision of 
     the financial assistance under this subtitle.
       (b) Other Applicants.--With respect to a recipient of 
     financial assistance under this subtitle that did not receive 
     financial assistance under section 4113 of the CARES Act (15 
     U.S.C. 9073), the Secretary may receive warrants, options, 
     preferred stock, debt securities, notes, or other financial 
     instruments issued by such recipient in a form and amount 
     that are, to the maximum extent practicable, under the same 
     terms and conditions as agreed to by the Secretary and 
     similarly situated recipients of financial assistance under 
     such section to provide appropriate compensation to the 
     Federal Government for the provision of the financial 
     assistance under this subtitle.

     SEC. 409. REPORTS.

       (a) Report.--Not later than May 1, 2021, the Secretary 
     shall submit to the Committee on Transportation and 
     Infrastructure and the Committee on Financial Services of the 
     House of Representatives and the Committee on Commerce, 
     Science, and Transportation and the Committee on Banking, 
     Housing, and Urban Affairs of the Senate a report on the 
     financial assistance provided to passenger air carriers and 
     contractors under this subtitle, that includes--
       (1) a description of any financial assistance provided to 
     passenger air carriers under this subtitle;
       (2) any audits of passenger air carriers or contractors 
     receiving financial assistance under this subtitle;
       (3) any reports filed by passenger air carriers or 
     contractors receiving financial assistance under this 
     subtitle;
       (4) any instances of non-compliance by passenger air 
     carriers or contractors receiving financial assistance under 
     this subtitle with the requirements of this subtitle or 
     agreements entered into with the Secretary to receive such 
     financial assistance; and
       (5) information relating to any clawback of any financial 
     assistance provided to passenger air carriers or contractors 
     under this subtitle.

[[Page H7557]]

       (b) Internet Updates.--The Secretary shall update the 
     website of the Department of the Treasury, at minimum, on a 
     weekly basis as necessary to reflect new or revised 
     distributions of financial assistance under this subtitle 
     with respect to each passenger air carrier or contractor that 
     receives such assistance, the identification of any applicant 
     that applied for financial assistance under this subtitle, 
     and the date of application for such assistance.
       (c) Supplemental Update.--Not later than the last day of 
     the 1-year period following the date of enactment of this 
     subtitle, the Secretary shall update and submit to the 
     Committee on Transportation and Infrastructure and the 
     Committee on Financial Services of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate, the report submitted under 
     subsection (a).
       (d) Protection of Certain Data.--The Secretary may withhold 
     information that would otherwise be required to be made 
     available under this section only if the Secretary determines 
     to withhold the information in accordance with section 552 of 
     title 5, United States Code.

     SEC. 410. COORDINATION.

       In implementing this subtitle, the Secretary shall 
     coordinate with the Secretary of Transportation.

     SEC. 411. FUNDING.

       There is appropriated, out of amounts in the Treasury not 
     otherwise appropriated, $16,000,000,000 to carry out this 
     subtitle, to remain available until expended.

     SEC. 412. CARES ACT AMENDMENTS.

       (a) Continued Application of Required Assurances.--Section 
     4114 of the CARES Act (15 U.S.C. 9074) is amended by adding 
     at the end the following new subsections:
       ``(c) Continued Application.--
       ``(1) In general.--If, after the date of enactment of this 
     subsection, a contractor expends any funds made available 
     pursuant to section 4112 and distributed pursuant to section 
     4113, the assurances in paragraphs (1) through (3) of 
     subsection (a) shall continue to apply until the dates 
     included in such paragraphs, or the date on which the 
     contractor fully expends such financial assistance, whichever 
     is later.
       ``(2) Special rule.--Not later than April 5, 2021, each 
     contractor described in section 4111(3)(A)(i) that has 
     received funds pursuant to such section 4112 shall report to 
     the Secretary on the amount of such funds that the contractor 
     has expended through March 31, 2021. If the contractor has 
     expended an amount that is less than 100 percent of the total 
     amount of funds the contractor received under such section, 
     the Secretary shall initiate an action to recover any funds 
     that remain unexpended as of April 30, 2021.
       ``(d) Recall of Employees.--
       ``(1) In general.--Subject to paragraph (2), any contractor 
     that has unspent financial assistance provided under this 
     subtitle as of the date of enactment of this subsection and 
     conducted involuntary furloughs or reduced pay rates and 
     benefits, between March 27, 2020, and the date on which the 
     contractor entered into an agreement with the Secretary 
     related to financial assistance under this subtitle, shall 
     recall (as defined in section 4111) employees who were 
     involuntarily furloughed during such period by not later than 
     January 4, 2021.
       ``(2) Waiver.--The Secretary of the Treasury shall waive 
     the requirement under paragraph (1) for a contractor to 
     recall employees if the contractor certifies that the 
     contractor has or will have insufficient remaining financial 
     assistance provided under this subtitle to keep recalled 
     employees employed for more than two weeks upon returning to 
     work.
       ``(3) Audits.--The Inspector General of the Department of 
     the Treasury shall audit certifications made under paragraph 
     (2).''.
       (b) Definition of Recall.--Section 4111 of the CARES Act 
     (15 U.S.C. 9071) is amended--
       (1) in paragraph (4) by striking ``and'' at the end;
       (2) by redesignating paragraph (5) as paragraph (6); and
       (3) by inserting after paragraph (4) the following:
       ``(5) the term `recall' means the dispatch of a notice by a 
     contractor, via mail, courier, or electronic mail, to an 
     involuntarily furloughed employee notifying the employee 
     that--
       ``(A) the employee must, within a specified period of time 
     that is not less than 14 days, elect either--
       ``(i) to return to employment or bypass return to 
     employment in accordance with an applicable collective 
     bargaining agreement or, in the absence of a collective 
     bargaining agreement, company policy; or
       ``(ii) to permanently separate from employment with the 
     contractor; and
       ``(B) failure to respond within such time period specified 
     will be deemed to be an election under subparagraph (A)(ii); 
     and''.
       (c) Definition of Businesses Critical to Maintaining 
     National Security.--Section 4002 of the CARES Act (15 U.S.C. 
     9041) is amended by adding at the end the following:
       ``(11) Aerospace-related businesses critical to maintaining 
     national security.--The term `businesses critical to 
     maintaining national security' means those businesses that 
     manufacture or produce aerospace-related products, civil or 
     defense, including those that design, integrate, assemble, 
     supply, maintain, and repair such products, and other 
     businesses involved in aerospace-related manufacturing or 
     production as further defined by the Secretary, in 
     consultation with the Secretary of Defense and the Secretary 
     of Transportation. For purposes of the preceding sentence, 
     aerospace-related products include, but are not limited to, 
     components, parts, or systems of aircraft, aircraft engines, 
     or appliances for inclusion in an aircraft, aircraft engine, 
     or appliance.''.

Subtitle B--Coronavirus Economic Relief for Transportation Services Act

     SEC. 420. SHORT TITLE.

       This subtitle may be cited as the ``Coronavirus Economic 
     Relief for Transportation Services Act''.

     SEC. 421. ASSISTANCE FOR PROVIDERS OF TRANSPORTATION SERVICES 
                   AFFECTED BY COVID-19.

       (a) Definitions.--In this section:
       (1) Covered period.--The term ``covered period'', with 
     respect to a provider of transportation services, means the 
     period--
       (A) beginning on the date of enactment of this Act; and
       (B) ending on the later of--
       (i) March 31, 2021; or
       (ii) the date on which all funds provided to the provider 
     of transportation services under subsection (c) are expended.
       (2) COVID-19.--The term ``COVID-19'' means the Coronavirus 
     Disease 2019.
       (3) Payroll costs.--
       (A) In general.--The term ``payroll costs'' means--
       (i) any payment to an employee of compensation in the form 
     of--

       (I) salary, wage, commission, or similar compensation;
       (II) payment of a cash tip or an equivalent;
       (III) payment for vacation, parental, family, medical, or 
     sick leave;
       (IV) payment required for the provision of group health 
     care or other group insurance benefits, including insurance 
     premiums;
       (V) payment of a retirement benefit;
       (VI) payment of a State or local tax assessed on employees 
     with respect to compensation; or
       (VII) paid administrative leave; and

       (ii) any payment of compensation to, or income of, a sole 
     proprietor or independent contractor--

       (I) that is--

       (aa) a wage;
       (bb) a commission;
       (cc) income;
       (dd) net earnings from self-employment; or
       (ee) similar compensation; and

       (II) in an amount equal to not more than $100,000 during 1 
     calendar year, as prorated for the covered period.

       (B) Exclusions.--The term ``payroll costs'' does not 
     include--
       (i) any compensation of an individual employee in excess of 
     an annual salary of $100,000, as prorated for the covered 
     period;
       (ii) any tax imposed or withheld under chapter 21, 22, or 
     24 of the Internal Revenue Code of 1986 during the covered 
     period;
       (iii) any compensation of an employee whose principal place 
     of residence is outside the United States;
       (iv) any qualified sick leave wages for which a credit is 
     allowed under section 7001 of the Families First Coronavirus 
     Response Act (26 U.S.C. 3111 note; Public Law 116-127);
       (v) any qualified family leave wages for which a credit is 
     allowed under section 7003 of that Act (26 U.S.C. 3111 note; 
     Public Law 116-127); or
       (vi) any bonus, raise in excess of inflation, or other form 
     of additional employee compensation.
       (4) Provider of transportation services.--The term 
     ``provider of transportation services'' means an entity 
     that--
       (A) is established or organized--
       (i) in the United States; or
       (ii) pursuant to Federal law;
       (B) has significant operations, and a majority of employees 
     based, in the United States;
       (C) was in operation on March 1, 2020; and
       (D) is the operator of--
       (i) a vessel of the United States (as defined in section 
     116 of title 46, United States Code) that is--

       (I) a passenger vessel (as defined in section 2101 of that 
     title) carrying fewer than 2,400 passengers;
       (II) a small passenger vessel (as defined in section 2101 
     of that title); or
       (III) a vessel providing pilotage services and regulated by 
     a State in accordance with chapter 85 of that title;

       (ii) a company providing transportation services using a 
     bus characterized by an elevated passenger deck located over 
     a baggage compartment (commonly known as an ``over-the-road 
     bus''), including local and intercity fixed-route service, 
     commuter service, and charter or tour service (including tour 
     or excursion service that includes features in addition to 
     bus transportation, such as meals, lodging, admission to 
     points of interest or special attractions, or the services of 
     a guide);
       (iii) a company providing transportation services using a 
     school bus (as defined in section 571.3 of title 49, Code of 
     Federal Regulations (or successor regulations)); or
       (iv) any other passenger transportation service company 
     subject to regulation by the Department of Transportation as 
     the Secretary, in consultation with the Secretary of 
     Transportation, determines to be appropriate.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (b) Funding.--Out of any funds in the Treasury not 
     otherwise appropriated, there are appropriated to provide 
     grants to eligible providers of transportation services under 
     this section, $2,000,000,000 for fiscal year 2021, to remain 
     available until expended.
       (c) Provision of Assistance.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation, shall use the amounts made 
     available under subsection (b) to provide grants to eligible 
     providers of transportation services described in paragraph 
     (2) that certify to the Secretary that the providers of 
     transportation services have experienced a revenue loss of 25 
     percent or more, on an annual basis, as a direct or indirect 
     result of COVID-19.

[[Page H7558]]

       (2) Description of eligible providers of transportation 
     services.--
       (A) In general.--An eligible provider of transportation 
     services referred to in paragraph (1) is--
       (i) a provider of transportation services that, on March 1, 
     2020--

       (I) had 500 or fewer full-time, part-time, or temporary 
     employees; and
       (II) was not a subsidiary, parent, or affiliate of any 
     other entity with a combined total workforce of more than 500 
     full-time, part-time, or temporary employees; or

       (ii) a provider of transportation services that--

       (I) on March 1, 2020, had more than 500 full-time, part-
     time, or temporary employees; and
       (II) has not received assistance under paragraph (1), (2), 
     or (3) of section 4003(b), or subtitle B of title IV of 
     division A, of the Coronavirus Aid, Relief, and Economic 
     Security Act (Public Law 116-136; 134 Stat. 281).

       (B) Scope of eligibility for certain companies.--
       (i) In general.--A provider of transportation services that 
     has entered into or maintains a contract or agreement 
     described in clause (ii) shall not be determined to be 
     ineligible for assistance under this subsection on the basis 
     of that contract or agreement, subject to clause (iv).
       (ii) Contract or agreement described.--A contract or 
     agreement referred to in clause (i) is a contract or 
     agreement for transportation services that is supported by a 
     public entity using funds received under the Emergency 
     Appropriations for Coronavirus Health Response and Agency 
     Operations (division B of Public Law 116-136; 134 Stat. 505).
       (iii) Adjustment of assistance.--The Secretary may reduce 
     the amount of assistance available under this subsection to a 
     provider of transportation services described in clause (i) 
     based on the amount of funds provided under this section or 
     the Emergency Appropriations for Coronavirus Health Response 
     and Agency Operations (division B of Public Law 116-136; 134 
     Stat. 505) that have supported a contract or agreement 
     described in clause (ii) to which the provider of 
     transportation services is a party.
       (iv) Notice requirement.--A provider of transportation 
     services that has entered into or maintains a contract or 
     agreement described in clause (ii), and that applies for 
     assistance under this subsection, shall submit to the 
     Secretary a notice describing the contract or agreement, 
     including the amount of funds provided for the contract or 
     agreement under this subsection or the Emergency 
     Appropriations for Coronavirus Health Response and Agency 
     Operations (division B of Public Law 116-136; 134 Stat. 505).
       (3) Amount.--
       (A) Factors for consideration.--In determining the amount 
     of assistance to be provided to an eligible provider of 
     transportation services under this subsection, the Secretary 
     shall take into consideration information provided by the 
     provider of transportation services, including--
       (i) the amount of debt owed by the provider of 
     transportation services on major equipment, if any;
       (ii) other sources of Federal assistance provided to the 
     provider of transportation services, if any; and
       (iii) such other information as the Secretary may require.
       (B) Limitations.--
       (i) Award.--The Secretary shall ensure that the amount of 
     assistance provided to a provider of transportation services 
     under this subsection, when combined with any other Federal 
     assistance provided in response to COVID-19 under the 
     Coronavirus Aid, Relief, and Economic Security Act (Public 
     Law 116-136; 134 Stat. 281), the Paycheck Protection Program 
     and Health Care Enhancement Act (Public Law 116-139; 134 
     Stat. 620), or any other provision of law, does not exceed 
     the total amount of revenue earned by the provider of 
     transportation services during calendar year 2019.
       (ii) Certification.--A provider of transportation services 
     seeking assistance under this subsection shall submit to the 
     Secretary--

       (I) documentation describing the total amount of revenue 
     earned by the provider of transportation services during 
     calendar year 2019; and
       (II) a certification that the amount of assistance sought 
     under this subsection, when combined with any other Federal 
     assistance described in clause (i), does not exceed the total 
     amount of revenue earned by the provider of transportation 
     services during calendar year 2019.

       (4) Form of assistance.--The amounts made available under 
     subsection (b) shall be provided to eligible providers of 
     transportation services in the form of grants.
       (5) Equal access.--The Secretary shall ensure equal access 
     to the assistance provided under this section to eligible 
     providers of transportation services that are small, 
     minority-owned, and women-owned businesses.
       (6) Conditions of receipt.--As a condition of receipt of 
     assistance under this subsection, the Secretary shall require 
     that a provider of transportation services shall agree--
       (A) subject to paragraph (7)--
       (i) to commence using the funds, on a priority basis and to 
     the extent the funds are available, to maintain through the 
     applicable covered period, expenditures on payroll costs for 
     all employees as of the date of enactment of this Act, after 
     making any adjustments required for--

       (I) retirement; or
       (II) voluntary employee separation;

       (ii) not to impose, during the covered period--

       (I) any involuntary furlough; or
       (II) any reduction in pay rates or benefits for 
     nonexecutive employees; and

       (iii) to recall or rehire any employees laid off, 
     furloughed, or terminated after March 27, 2020, to the extent 
     warranted by increased service levels;
       (B) to return to the Secretary any funds received under 
     this subsection that are not used by the provider of 
     transportation services by the date that is 1 year after the 
     date of receipt of the funds; and
       (C) to examine the anticipated expenditure of the funds by 
     the provider of transportation services for the purposes 
     described in subparagraph (A) not less frequently than once 
     every 90 days after the date of receipt of the funds.
       (7) Ramp-up period.--The requirement described in paragraph 
     (6)(A)(iii) shall not apply to a provider of transportation 
     services until the later of--
       (A) the date that is 30 days after the date of receipt of 
     the funds; and
       (B) the date that is 90 days after the date of enactment of 
     this Act.
       (8) Additional conditions of certain receipts.--
       (A) Prioritization of payroll costs.--As a condition of 
     receipt of a grant under this subsection, the Secretary shall 
     require that, except as provided in subparagraph (B), a 
     provider of transportation services shall agree to use an 
     amount equal to not less than 60 percent of the funds on 
     payroll costs of the provider of transportation services.
       (B) Exception.--Subparagraph (A) shall not apply to a 
     provider of transportation services if the provider of 
     transportation services certifies to the Secretary that, 
     after making any adjustments required for retirement or 
     voluntary employee separation--
       (i) each nonseasonal employee on the payroll of the 
     provider of transportation services on January 1, 2020--

       (I) if laid off, furloughed, or terminated by the provider 
     of transportation services as described in paragraph 
     (6)(A)(iii), is rehired, or has been offered rehire, by the 
     provider of transportation services; and
       (II) if rehired under clause (i) or subject to a reduction 
     in salary before the date of receipt by the provider of 
     transportation services of assistance under this subsection, 
     receives not less than 100 percent of the previous salary of 
     the employee;

       (ii) the provider of transportation services--

       (I) is staffed at a level of full-time equivalent, seasonal 
     employees, on a monthly basis, that is greater than or 
     equivalent to the level at which the provider of 
     transportation services was staffed with full-time 
     equivalent, seasonal employees on a monthly basis during 
     calendar year 2019;
       (II) is offering priority in rehiring to seasonal employees 
     that were laid off, furloughed, terminated, or not offered 
     rehire in calendar year 2020, as the provider of 
     transportation services achieves staffing at the level 
     described in subclause (I); and
       (III) offers any seasonal employee rehired under subclause 
     (II) or subject to a reduction in salary before the date of 
     receipt by the provider of transportation services of 
     assistance under this subsection not less than 100 percent of 
     the previous salary of the employee; and

       (iii) the provider of transportation services will fully 
     cover, through the applicable covered period, all payroll 
     costs associated with the staffing requirements described in 
     clauses (i) and (ii).
       (9) Forms; terms and conditions.--A grant provided under 
     this section shall be in such form, subject to such terms and 
     conditions, and contain such covenants, representations, 
     warranties, and requirements (including requirements for 
     audits) as the Secretary determines to be appropriate in 
     accordance with this section.
       (d) Eligible Activities.--
       (1) In general.--Subject to the priority described in 
     subsection (c)(6)(A), a provider of transportation services 
     shall use assistance provided under subsection (c) only for--
       (A) the payment of payroll costs;
       (B) the acquisition of services, equipment, including 
     personal protective equipment, and other measures needed to 
     protect workers and customers from COVID-19;
       (C) continued operations and maintenance during the 
     applicable covered period of existing capital equipment and 
     facilities--
       (i) including rent, leases, insurance, and interest on 
     regularly scheduled debt service; but
       (ii) not including any prepayment of, or payment of 
     principal on, a debt obligation, except for any principal on 
     a debt obligation accrued by the provider of transportation 
     services directly to maintain the expenditures of the 
     provider of transportation services on payroll costs 
     throughout the COVID-19 pandemic; or
       (D) the compensation of returning employees for lost pay 
     and benefits during the COVID-19 pandemic, subject to 
     subsection (e).
       (2) Eligibility.--The use of assistance provided under 
     subsection (c) for the compensation of returning employees 
     under paragraph (1)(D) shall be counted toward the required 
     amount of grants to be used on payroll costs under subsection 
     (c)(6)(A).
       (e) Compensation of Returning Employees.--Notwithstanding 
     any other provision of law, any compensation provided to a 
     returning employee under subsection (d)(1)(D)--
       (1) shall be offset by--
       (A) any amounts received by the employee from the provider 
     of transportation services as a result of the layoff, 
     furlough, or termination of the employee or any failure to 
     hire the employee for seasonal employment during calendar 
     year 2020, including--
       (i) furlough pay;
       (ii) severance pay; or
       (iii) separation pay; and
       (B) any amounts the employee received from unemployment 
     insurance; and
       (2) shall not--
       (A) be considered an overpayment for purposes of any State 
     or Federal unemployment law; or
       (B) be subject to any overpayment recovery efforts by a 
     State agency (as defined in section 205

[[Page H7559]]

     of the Federal-State Extended Unemployment Compensation Act 
     of 1970 (U.S.C. 3304 note)).
       (f) Administrative Provisions.--
       (1) In general.--The Secretary may take such actions as the 
     Secretary determines to be necessary to carry out this 
     section, including--
       (A) using direct hiring authority to hire employees to 
     administer this section;
       (B) entering into contracts, including contracts for 
     services authorized by this section; and
       (C) issuing such regulations and other guidance as may be 
     necessary or appropriate to carry out the purposes of this 
     section.
       (2) Administrative expenses.--Of the funds made available 
     under this section, not more than $50,000,000 may be used by 
     the Secretary for administrative expenses to carry out this 
     section.
       (3) Availability for obligation.--The funds made available 
     under this section shall remain available for obligation 
     until the date that is 3 years after the date of enactment of 
     this Act.

       Subtitle C--Motor Carrier Safety Grant Relief Act of 2020

     SEC. 440. SHORT TITLE.

       This subtitle may be cited as the ``Motor Carrier Safety 
     Grant Relief Act of 2020''.

     SEC. 441. RELIEF FOR RECIPIENTS OF FINANCIAL ASSISTANCE 
                   AWARDS FROM THE FEDERAL MOTOR CARRIER SAFETY 
                   ADMINISTRATION.

       (a) Definition of Secretary.--In this section, the term 
     ``Secretary'' means the Secretary of Transportation.
       (b) Relief for Recipients of Financial Assistance Awarded 
     for Fiscal Years 2019 and 2020.--
       (1) In general.--Notwithstanding any provision of chapter 
     311 of title 49, United States Code (including any applicable 
     period of availability under section 31104(f) of that title), 
     and any regulations promulgated under that chapter and 
     subject to paragraph (2), the period of availability during 
     which a recipient may expend amounts made available to the 
     recipient under a grant or cooperative agreement described in 
     subparagraphs (A) through (E) shall be--
       (A) for a grant made under section 31102 of that title 
     (other than subsection (l) of that section)--
       (i) the fiscal year in which the Secretary approves the 
     financial assistance agreement with respect to the grant; and
       (ii) the following 2 fiscal years;
       (B) for a grant made or a cooperative agreement entered 
     into under section 31102(l)(2) of that title--
       (i) the fiscal year in which the Secretary approves the 
     financial assistance agreement with respect to the grant or 
     cooperative agreement; and
       (ii) the following 3 fiscal years;
       (C) for a grant made under section 31102(l)(3) of that 
     title--
       (i) the fiscal year in which the Secretary approves the 
     financial assistance agreement with respect to the grant; and
       (ii) the following 5 fiscal years;
       (D) for a grant made under section 31103 of that title--
       (i) the fiscal year in which the Secretary approves the 
     financial assistance agreement with respect to the grant; and
       (ii) the following 2 fiscal years; and
       (E) for a grant made or a cooperative agreement entered 
     into under section 31313 of that title--
       (i) the year in which the Secretary approves the financial 
     assistance agreement with respect to the grant or cooperative 
     agreement; and
       (ii) the following 5 fiscal years.
       (2) Applicability.--
       (A) Amounts awarded for fiscal years 2019 and 2020.--The 
     periods of availability described in paragraph (1) shall 
     apply only--
       (i) to amounts awarded for fiscal year 2019 or 2020 under a 
     grant or cooperative agreement described in subparagraphs (A) 
     through (E) of that paragraph; and
       (ii) for the purpose of expanding the period of 
     availability during which the recipient may expend the 
     amounts described in clause (i).
       (B) Amounts awarded for other years.--The periods of 
     availability described in paragraph (1) shall not apply to 
     any amounts awarded under a grant or cooperative agreement 
     described in subparagraphs (A) through (E) of that paragraph 
     for any fiscal year other than fiscal year 2019 or 2020, and 
     those amounts shall be subject to the period of availability 
     otherwise applicable to those amounts under Federal law.

               Subtitle D--Extension of Waiver Authority

     SEC. 442. EXTENSION OF WAIVER AUTHORITY.

       Notwithstanding any other provision of law, in fiscal year 
     2021, the Secretary of Transportation may exercise the 
     authority provided by section 22005 of division B of the 
     CARES Act (23 U.S.C. 401 note; Public Law 116-136).

                            TITLE V--BANKING

                Subtitle A--Emergency Rental Assistance

     SEC. 501. EMERGENCY RENTAL ASSISTANCE.

       (a) Appropriation.--
       (1) In general.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated for making payments to eligible grantees under 
     this section, $25,000,000,000 for fiscal year 2021.
       (2) Reservation of funds for the territories and tribal 
     communities.--Of the amount appropriated under paragraph (1), 
     the Secretary shall reserve--
       (A) $400,000,000 of such amount for making payments under 
     this section to the Commonwealth of Puerto Rico, the United 
     States Virgin Islands, Guam, the Commonwealth of the Northern 
     Mariana Islands, and American Samoa; and
       (B) $800,000,000 of such amount for making payments under 
     this section to eligible grantees described in subparagraphs 
     (C) and (D) of subsection (k)(2); and
       (C) $15,000,000 for administrative expenses of the 
     Secretary described in subsection (h).
       (b) Payments for Rental Assistance.--
       (1) Allocation and payments to states and units of local 
     government.--
       (A) In general.--The amount appropriated under paragraph 
     (1) of subsection (a) that remains after the application of 
     paragraph (2) of such subsection shall be allocated and paid 
     to eligible grantees described in subparagraph (B) in the 
     same manner as the amount appropriated under subsection 
     (a)(1) of section 601 of the Social Security Act (42 U.S.C. 
     801) is allocated and paid to States and units of local 
     government under subsections (b) and (c) of such section, and 
     shall be subject to the same requirements, except that--
       (i) the deadline for payments under section 601(b)(1) of 
     such Act shall, for purposes of payments under this section, 
     be deemed to be not later than 30 days after the date of 
     enactment of this section;
       (ii) the amount referred to in paragraph (3) of section 
     601(c) of such Act shall be deemed to be the amount 
     appropriated under paragraph (1) of subsection (a) of this 
     Act that remains after the application of paragraph (2) of 
     such subsection;
       (iii) section 601(c) of the Social Security Act shall be 
     applied--

       (I) by substituting ``1 of the 50 States or the District of 
     Columbia'' for ``1 of the 50 States'' each place it appears;
       (II) in paragraph (2)(A), by substituting `` $200,000,000'' 
     for `` $1,250,000,000'';
       (III) in paragraph (2)(B), by substituting ``each of the 50 
     States and District of Columbia'' for ``each of the 50 
     States'';
       (IV) in paragraph (4), by substituting ``excluding the 
     Commonwealth of Puerto Rico, the United States Virgin 
     Islands, Guam, the Commonwealth of the Northern Mariana 
     Islands, and American Samoa'' for ``excluding the District of 
     Columbia and territories specified in subsection (a)(2)(A)''; 
     and
       (V) without regard to paragraph (6);

       (iv) section 601(d) of such Act shall not apply to such 
     payments; and
       (v) section 601(e) shall be applied --

       (I) by substituting ``under section 501 of subtitle A of 
     title V of division N of the Consolidated Appropriations Act, 
     2021'' for ``under this section''; and
       (II) by substituting ``local government elects to receive 
     funds from the Secretary under section 501 of subtitle A of 
     title V of division N of the Consolidated Appropriations Act, 
     2021 and will use the funds in a manner consistent with such 
     section'' for ``local government's proposed uses of the funds 
     are consistent with subsection (d)''.

       (B) Eligible grantees described.--The eligible grantees 
     described in this subparagraph are the following:
       (i) A State that is 1 of the 50 States or the District of 
     Columbia.
       (ii) A unit of local government located in a State 
     described in clause (i).
       (2) Allocation and payments to tribal communities.--
       (A) In general.--From the amount reserved under subsection 
     (a)(2)(B), the Secretary shall--
       (i) pay the amount equal to 0.3 percent of such amount to 
     the Department of Hawaiian Home Lands; and
       (ii) subject to subparagraph (B), from the remainder of 
     such amount, allocate and pay to each Indian tribe (or, if 
     applicable, the tribally designated housing entity of an 
     Indian tribe) that was eligible for a grant under title I of 
     the Native American Housing Assistance and Self-Determination 
     Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.) for fiscal 
     year 2020 an amount that bears the same proportion to the 
     such remainder as the amount each such Indian tribe (or 
     entity) was eligible to receive for such fiscal year from the 
     amount appropriated under paragraph (1) under the heading 
     ``native american programs'' under the heading ``Public and 
     Indian Housing'' of title II of division H of the Further 
     Consolidated Appropriations Act, 2020 (Public Law 116-94) to 
     carry out the Native American Housing Block Grants program 
     bears to the amount appropriated under such paragraph for 
     such fiscal year, provided the Secretary shall be authorized 
     to allocate, in an equitable manner as determined by the 
     Secretary, and pay any Indian tribe that opted out of 
     receiving a grant allocation under the Native American 
     Housing Block Grants program formula in fiscal year 2020, 
     including by establishing a minimum amount of payments to 
     such Indian tribe, provided such Indian tribe notifies the 
     Secretary not later than 30 days after the date of enactment 
     of this Act that it intends to receive allocations and 
     payments under this section.
       (B) Pro rata adjustment; distribution of declined funds.--
       (i) Pro rata adjustments.--The Secretary shall make pro 
     rata reductions in the amounts of the allocations determined 
     under clause (ii) of subparagraph (A) for entities described 
     in such clause as necessary to ensure that the total amount 
     of payments made pursuant to such clause does not exceed the 
     remainder amount described in such clause.
       (ii) Distribution of declined funds.--If the Secretary 
     determines as of 30 days after the date of enactment of this 
     Act that an entity described in clause (ii) of subparagraph 
     (A) has declined to receive its full allocation under such 
     clause then, not later than 15 days after such date, the 
     Secretary shall redistribute, on a pro rata basis, such 
     allocation among the other entities described in such clause 
     that have not declined to receive their allocations.
       (3) Allocations and payments to territories.--

[[Page H7560]]

       (A) In general.--From the amount reserved under subsection 
     (a)(2)(A), subject to subparagraph (B), the Secretary shall 
     allocate and pay to each eligible grantee described in 
     subparagraph (C) an amount equal to the product of--
       (i) the amount so reserved; and
       (ii) each such eligible grantee's share of the combined 
     total population of all such eligible grantees, as determined 
     by the Secretary.
       (B) Allocation adjustment.--
       (i) Requirement.--The sum of the amounts allocated under 
     subparagraph (A) to all of the eligible grantees described in 
     clause (ii) of subparagraph (C) shall not be less than the 
     amount equal to 0.3 percent of the amount appropriated under 
     subsection (a)(1).
       (ii) Reduction.--The Secretary shall reduce the amount of 
     the allocation determined under subparagraph (A) for the 
     eligible grantee described in clause (i) of subparagraph (C) 
     as necessary to meet the requirement of clause (i).
       (C) Eligible grantees described.--The eligible grantees 
     described in this subparagraph are--
       (i) the Commonwealth of Puerto Rico; and
       (ii) the United States Virgin Islands, Guam, the 
     Commonwealth of the Northern Mariana Islands, and American 
     Samoa.
       (c) Use of Funds.--
       (1) In general.--An eligible grantee shall only use the 
     funds provided from a payment made under this section to 
     provide financial assistance and housing stability services 
     to eligible households.
       (2) Financial assistance.--
       (A) In general.--Not less than 90 percent of the funds 
     received by an eligible grantee from a payment made under 
     this section shall be used to provide financial assistance to 
     eligible households, including the payment of
       (i) rent;
       (ii) rental arrears;
       (iii) utilities and home energy costs;
       (iv) utilities and home energy costs arrears; and
       (v) other expenses related to housing incurred due, 
     directly or indirectly, to the novel coronavirus disease 
     (COVID-19) outbreak, as defined by the Secretary.
     Such assistance shall be provided for a period not to exceed 
     12 months except that grantees may provide assistance for an 
     additional 3 months only if necessary to ensure housing 
     stability for a household subject to the availability of 
     funds.
       (B) Limitation on assistance for prospective rent 
     payments.--
       (i) In general.--Subject to the exception in clause (ii), 
     an eligible grantee shall not provide an eligible household 
     with financial assistance for prospective rent payments for 
     more than 3 months based on any application by or on behalf 
     of the household.
       (ii) Exception.--For any eligible household described in 
     clause (i), such household may receive financial assistance 
     for prospective rent payments for additional months:

       (I) subject to the availability of remaining funds 
     currently allocated to the eligible grantee, and
       (II) based on a subsequent application for additional 
     financial assistance provided that the total months of 
     financial assistance provided to the household do not exceed 
     the total months of assistance allowed under subparagraph 
     (A).

       (iii) Further limitation.--To the extent that applicants 
     have rental arrears, grantees may not make commitments for 
     prospective rent payments unless they have also provided 
     assistance to reduce an eligible household's rental arrears.
       (C) Distribution of financial assistance.--
       (i) Payments.--

       (I) In general.--With respect to financial assistance for 
     rent and rental arrears and utilities and home energy costs 
     and utility and home energy costs arrears provided to an 
     eligible household from a payment made under this section, an 
     eligible grantee shall make payments to a lessor or utility 
     provider on behalf of the eligible household, except that, if 
     the lessor or utility provider does not agree to accept such 
     payment from the grantee after outreach to the lessor or 
     utility provider by the grantee, the grantee may make such 
     payments directly to the eligible household for the purpose 
     of making payments to the lessor or utility provider.
       (II) Rule of construction.--Nothing in this section shall 
     be construed to invalidate any otherwise legitimate grounds 
     for eviction.

       (ii) Documentation.--For any payments made by an eligible 
     grantee to a lessor or utility provider on behalf of an 
     eligible household, the eligible grantee shall provide 
     documentation of such payments to such household.
       (3) Housing stability services.--Not more than 10 percent 
     of funds received by an eligible grantee from a payment made 
     under this section may be used to provide eligible households 
     with case management and other services related to the novel 
     coronavirus disease (COVID-19) outbreak, as defined by the 
     Secretary, intended to help keep households stably housed.
       (4) Prioritization of assistance.--
       (A) In reviewing applications for financial assistance and 
     housing stability services to eligible households from a 
     payment made under this section, an eligible grantee shall 
     prioritize consideration of the applications of an eligible 
     household that satisfies any of the following conditions:
       (i) The income of the household does not exceed 50 percent 
     of the area median income for the household.
       (ii) 1 or more individuals within the household are 
     unemployed as of the date of the application for assistance 
     and have not been employed for the 90-day period preceding 
     such date.
       (B) Nothing in this section shall be construed to prohibit 
     an eligible grantee from providing a process for the further 
     prioritizing of applications for financial assistance and 
     housing stability services from a payment made under this 
     section, including to eligible households in which 1 or more 
     individuals within the household were unable to reach their 
     place of employment or their place of employment was closed 
     because of a public health order imposed as a direct result 
     of the COVID-19 public health emergency.
       (5) Administrative costs.--
       (A) In general.--Not more than 10 percent of the amount 
     paid to an eligible grantee under this section may be used 
     for administrative costs attributable to providing financial 
     assistance and housing stability services under paragraphs 
     (2) and (3), respectively, including for data collection and 
     reporting requirements related to such funds.
       (B) No other administrative costs.--Amounts paid under this 
     section shall not be used for any administrative costs other 
     than to the extent allowed under subparagraph (A).
       (d) Reallocation of Unused Funds.--Beginning on September 
     30, 2021, the Secretary shall recapture excess funds, as 
     determined by the Secretary, not obligated by a grantee for 
     the purposes described under subsection (c) and the Secretary 
     shall reallocate and repay such amounts to eligible grantees 
     who, at the time of such reallocation, have obligated at 
     least 65 percent of the amount originally allocated and paid 
     to such grantee under subsection (b)(1), only for the 
     allowable uses described under subsection (c). The amount of 
     any such reallocation shall be determined based on 
     demonstrated need within a grantee's jurisdiction, as 
     determined by the Secretary.
       (e) Availability.--
       (1) In general.--Funds provided to an eligible grantee 
     under a payment made under this section shall remain 
     available through December 31, 2021.
       (2) Extension for funds provided pursuant to a reallocation 
     of unused funds.--For funds reallocated to an eligible 
     grantee pursuant to subsection (d), an eligible grantee may 
     request, subject to the approval of the Secretary, a 90-day 
     extension of the deadline established in paragraph (1).
       (f) Application for Assistance by Landlords and Owners.--
       (1) In general.--Subject to paragraph (2), nothing in this 
     section shall preclude a landlord or owner of a residential 
     dwelling from--
       (A) assisting a renter of such dwelling in applying for 
     assistance from a payment made under this section; or
       (B) applying for such assistance on behalf of a renter of 
     such dwelling.
       (2) Requirements for applications submitted on behalf of 
     tenants.--If a landlord or owner of a residential dwelling 
     submits an application for assistance from a payment made 
     under this section on behalf of a renter of such dwelling--
       (A) the landlord must obtain the signature of the tenant on 
     such application, which may be documented electronically;
       (B) documentation of such application shall be provided to 
     the tenant by the landlord; and
       (C) any payments received by the landlord from a payment 
     made under this section shall be used to satisfy the tenant's 
     rental obligations to the owner.
       (g) Reporting Requirements.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of Housing and Urban Development, shall provide 
     public reports not less frequently than quarterly regarding 
     the use of funds made available under this section, which 
     shall include, with respect to each eligible grantee under 
     this section, both for the past quarter and over the period 
     for which such funds are available--
       (A) the number of eligible households that receive 
     assistance from such payments;
       (B) the acceptance rate of applicants for assistance;
       (C) the type or types of assistance provided to each 
     eligible household;
       (D) the average amount of funding provided per eligible 
     household receiving assistance;
       (E) household income level, with such information 
     disaggregated for households with income that--
       (i) does not exceed 30 percent of the area median income 
     for the household;
       (ii) exceeds 30 percent but does not exceed 50 percent of 
     the area median income for the household; and
       (iii) exceeds 50 percent but does not exceed 80 percent of 
     area median income for the household; and
       (F) the average number of monthly rental or utility 
     payments that were covered by the funding amount that a 
     household received, as applicable.
       (2) Disaggregation.--Each report under this subsection 
     shall disaggregate the information relating to households 
     provided under subparagraphs (A) through (F) of paragraph (1) 
     by the gender, race, and ethnicity of the primary applicant 
     for assistance in such households.
       (3) Alternative reporting requirements for certain 
     grantees.--The Secretary may establish alternative reporting 
     requirements for grantees described in subsection (b)(2).
       (4) Privacy requirements.--
       (A) In general.--Each eligible grantee that receives a 
     payment under this section shall establish data privacy and 
     security requirements for the information described in 
     paragraph (1) that--
       (i) include appropriate measures to ensure that the privacy 
     of the individuals and households is protected;
       (ii) provide that the information, including any personally 
     identifiable information, is collected and used only for the 
     purpose of submitting reports under paragraph (1); and
       (iii) provide confidentiality protections for data 
     collected about any individuals who are survivors of intimate 
     partner violence, sexual assault, or stalking.

[[Page H7561]]

       (B) Statistical research.--
       (i) In general.--The Secretary--

       (I) may provide full and unredacted information provided 
     under subparagraphs (A) through (F) of paragraph (1), 
     including personally identifiable information, for 
     statistical research purposes in accordance with existing 
     law; and
       (II) may collect and make available for statistical 
     research, at the census tract level, information collected 
     under subparagraph (A).

       (ii) Application of privacy requirements.--A recipient of 
     information under clause (i) shall establish for such 
     information the data privacy and security requirements 
     described in subparagraph (A).
       (5) Nonapplication of the paperwork reduction act.--
     Subchapter I of chapter 35 of title 44, United States Code, 
     shall not apply to the collection of information for the 
     reporting or research requirements specified in this 
     subsection.
       (h) Administrative Expenses of the Secretary.--Of the funds 
     appropriated pursuant to subsection (a), not more than 
     $15,000,000 may be used for administrative expenses of the 
     Secretary in administering this section, including technical 
     assistance to grantees in order to facilitate effective use 
     of funds provided under this section.
       (i) Inspector General Oversight; Recoupment
       (1) Oversight authority.--The Inspector General of the 
     Department of the Treasury shall conduct monitoring and 
     oversight of the receipt, disbursement, and use of funds made 
     available under this section.
       (2) Recoupment.--If the Inspector General of the Department 
     of the Treasury determines that a State, Tribal government, 
     or unit of local government has failed to comply with 
     subsection (c), the amount equal to the amount of funds used 
     in violation of such subsection shall be booked as a debt of 
     such entity owed to the Federal Government. Amounts recovered 
     under this subsection shall be deposited into the general 
     fund of the Treasury.
       (3) Appropriation.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated to the Office of the Inspector General of the 
     Department of the Treasury, $6,500,000 to carry out oversight 
     and recoupment activities under this subsection. Amounts 
     appropriated under the preceding sentence shall remain 
     available until expended.
       (4) Authority of inspector general.--Nothing in this 
     subsection shall be construed to diminish the authority of 
     any Inspector General, including such authority as provided 
     in the Inspector General Act of 1978 (5 U.S.C. App.)
       (j) Treatment of Assistance.--Assistance provided to a 
     household from a payment made under this section shall not be 
     regarded as income and shall not be regarded as a resource 
     for purposes of determining the eligibility of the household 
     or any member of the household for benefits or assistance, or 
     the amount or extent of benefits or assistance, under any 
     Federal program or under any State or local program financed 
     in whole or in part with Federal funds.
       (k) Definitions.--In this section:
       (1) Area median income.--The term ``area median income'' 
     means, with respect to a household, the median income for the 
     area in which the household is located, as determined by the 
     Secretary of Housing and Urban Development.
       (2) Eligible grantee.--The term ``eligible grantee'' means 
     any of the following:
       (A) A State (as defined in section 601(g)(4) of the Social 
     Security Act (42 U.S.C. 801(g)(4)).
       (B) A unit of local government (as defined in paragraph 
     (5)).
       (C) An Indian tribe or its tribally designated housing 
     entity (as such terms are defined in section 4 of the Native 
     American Housing Assistance and Self-Determination Act of 
     1996 (25 U.S.C. 4103)) that was eligible to receive a grant 
     under title I of such Act (25 U.S.C. 4111 et seq.) for fiscal 
     year 2020 from the amount appropriated under paragraph (1) 
     under the heading ``native american programs'' under the 
     heading ``Public and Indian Housing'' of title II of division 
     H of the Further Consolidated Appropriations Act, 2020 
     (Public Law 116-94) to carry out the Native American Housing 
     Block Grants program. For the avoidance of doubt, the term 
     Indian tribe shall include Alaska native corporations 
     established pursuant to the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.).
       (D) The Department of Hawaiian Homelands.
       (3) Eligible household.--
       (A) In general.--The term ``eligible household'' means a 
     household of 1 or more individuals who are obligated to pay 
     rent on a residential dwelling and with respect to which the 
     eligible grantee involved determines--
       (i) that 1 or more individuals within the household has

       (I) qualified for unemployment benefits or
       (II) experienced a reduction in household income, incurred 
     significant costs, or experienced other financial hardship 
     due, directly or indirectly, to the novel coronavirus disease 
     (COVID-19) outbreak, which the applicant shall attest in 
     writing;

       (ii) that 1 or more individuals within the household can 
     demonstrate a risk of experiencing homelessness or housing 
     instability, which may include--

       (I) a past due utility or rent notice or eviction notice;
       (II) unsafe or unhealthy living conditions; or
       (III) any other evidence of such risk, as determined by the 
     eligible grantee involved; and

       (iii) the household has a household income that is not more 
     than 80 percent of the area median income for the household.
       (B) Exception.--To the extent feasible, an eligible grantee 
     shall ensure that any rental assistance provided to an 
     eligible household pursuant to funds made available under 
     this section is not duplicative of any other Federally funded 
     rental assistance provided to such household.
       (C) Income determination.--
       (i) In determining the income of a household for purposes 
     of determining such household's eligibility for assistance 
     from a payment made under this section (including for 
     purposes of subsection (c)(4)), the eligible grantee involved 
     shall consider either

       (I) the household's total income for calendar year 2020, or
       (II) subject to clause (ii), sufficient confirmation, as 
     determined by the Secretary, of the household's monthly 
     income at the time of application for such assistance.

       (ii) In the case of income determined under subclause (II), 
     the eligible grantee shall be required to re-determine the 
     eligibility of a household's income after each such period of 
     3 months for which the household receives assistance from a 
     payment made under this section.
       (4) Inspector general.--The term ``Inspector General'' 
     means the Inspector General of the Department of the 
     Treasury.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury.
       (6) Unit of local government.--The term ``unit of local 
     government'' has the meaning given such term in paragraph (2) 
     of section 601(g) of the Social Security Act (42 U.S.C. 
     801(g)), except that, in applying such term for purposes of 
     this section, such paragraph shall be applied by substituting 
     ``200,000'' for ``500,000''.
       (l) Termination of Program.--The authority of an eligible 
     grantee to make new obligations to provide payments under 
     subsection (c) shall terminate on the date established in 
     subsection (e) for that eligible grantee. Amounts not 
     expended in accordance with this section shall revert to the 
     Department of the Treasury.

     SEC. 502. EXTENSION OF EVICTION MORATORIUM.

       The order issued by the Centers for Disease Control and 
     Prevention under section 361 of the Public Health Service Act 
     (42 U.S.C. 264), entitled ``Temporary Halt in Residential 
     Evictions To Prevent the Further Spread of COVID-19'' (85 
     Fed. Reg. 55292 (September 4, 2020) is extended through 
     January 31, 2021, notwithstanding the effective dates 
     specified in such Order.

              Subtitle B--Community Development Investment

     SEC. 520. PURPOSE.

       The purpose of this subtitle is to establish emergency 
     programs to revitalize and provide long-term financial 
     products and service availability for, and provide 
     investments in, low- and moderate-income and minority 
     communities that have disproportionately suffered from the 
     impacts of the COVID-19 pandemic.

     SEC. 521. CONSIDERATIONS; REQUIREMENTS FOR CREDITORS.

       (a) In General.--In exercising the authorities under this 
     subtitle and the amendments made by this subtitle, the 
     Secretary of the Treasury shall take into consideration 
     increasing the availability of affordable credit for 
     consumers, small businesses, and nonprofit organizations, 
     including for projects supporting affordable housing, 
     community-serving real estate, and other projects, that 
     provide direct benefits to low- and moderate-income 
     communities, low-income and underserved individuals, and 
     minorities, that have disproportionately suffered from the 
     health and economic impacts of the COVID-19 pandemic.
       (b) Requirement for Creditors.--Any creditor participating 
     in a program established under this subtitle or the 
     amendments made by this subtitle shall fully comply with all 
     applicable statutory and regulatory requirements relating to 
     fair lending.

     SEC. 522. CAPITAL INVESTMENTS FOR NEIGHBORHOODS 
                   DISPROPORTIONATELY IMPACTED BY THE COVID-19 
                   PANDEMIC.

       (a) In General.--The Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4701 et seq.) 
     is amended by inserting after section 104 (12 U.S.C. 4703) 
     the following:

     ``SEC. 104A. CAPITAL INVESTMENTS FOR NEIGHBORHOODS 
                   DISPROPORTIONATELY IMPACTED BY THE COVID-19 
                   PANDEMIC.

       ``(a) Definitions.--In this section--
       ``(1) the term `bank holding company' has the meaning given 
     the term in section 2 of the Bank Holding Company Act of 1956 
     (12 U.S.C. 1841);
       ``(2) the term `eligible institution' means any low- and 
     moderate-income community financial institution that is 
     eligible to participate in the Program;
       ``(3) the term `Emergency Capital Investment Fund' means 
     the Emergency Capital Investment Fund established under 
     subsection (b);
       ``(4) the term `low- and moderate-income community 
     financial institution' means any financial institution that 
     is--
       ``(A)(i) a community development financial institution; or
       ``(ii) a minority depository institution; and
       ``(B)(i) an insured depository institution that is not 
     controlled by a bank holding company or savings and loan 
     holding company that is also an eligible institution;
       ``(ii) a bank holding company;
       ``(iii) a savings and loan holding company; or
       ``(iv) a federally insured credit union;
       ``(5) the term `minority' means any Black American, Native 
     American, Hispanic American, Asian American, Native Alaskan, 
     Native Hawaiian, or Pacific Islander;
       ``(6) the term `minority depository institution' means an 
     entity that is--
       ``(A) a minority depository institution, as defined in 
     section 308 of the Financial Institutions Reform, Recovery, 
     and Enforcement Act of 1989 (12 U.S.C. 1463 note); or
       ``(B) considered to be a minority depository institution 
     by--

[[Page H7562]]

       ``(i) the appropriate Federal banking agency; or
       ``(ii) the National Credit Union Administration, in the 
     case of an insured credit union; or
       ``(C) listed in the Federal Deposit Insurance Corporation's 
     Minority Depository Institutions List published for the Third 
     Quarter 2020.
       ``(7) the term `Program' means the Emergency Capital 
     Investment Program established under subsection (b);
       ``(8) the term `savings and loan holding company' has the 
     meaning given the term under section 10(a) of the Home 
     Owners' Loan Act (12 U.S.C. 1467a(a)); and
       ``(9) the `Secretary' means the Secretary of the Treasury.
       ``(b) Establishment.--
       ``(1) Fund established.--There is established in the 
     Treasury of the United States a fund to be known as the 
     `Emergency Capital Investment Fund', which shall be 
     administered by the Secretary.
       ``(2) Program authorized.--The Secretary is authorized to 
     establish an emergency program known as the `Emergency 
     Capital Investment Program' to support the efforts of low- 
     and moderate-income community financial institutions to, 
     among other things, provide loans, grants, and forbearance 
     for small businesses, minority-owned businesses, and 
     consumers, especially in low-income and underserved 
     communities, including persistent poverty counties, that may 
     be disproportionately impacted by the economic effects of the 
     COVID-19 pandemic, by providing direct and indirect capital 
     investments in low- and moderate-income community financial 
     institutions consistent with this section.
       ``(c) Purchases.--
       ``(1) In general.--Subject to paragraph (2), the Emergency 
     Capital Investment Fund shall be available to the Secretary, 
     without further appropriation or fiscal year limitation, for 
     the costs of purchases (including commitments to purchase), 
     and modifications of such purchases, of preferred stock and 
     other financial instruments from eligible institutions on 
     such terms and conditions as are determined by the Secretary 
     in accordance with this section.
       ``(2) Purchase limit.--The aggregate amount of purchases 
     pursuant to paragraph (1) may not exceed $9,000,000,000.
       ``(d) Application.--
       ``(1) Acceptance.--The Secretary shall begin accepting 
     applications for capital investments under the Program not 
     later than the end of the 30-day period beginning on the date 
     of enactment of this section.
       ``(2) Consultation with regulators.--For each eligible 
     institution that applies to receive a capital investment 
     under the Program, the Secretary shall consult with the 
     appropriate Federal banking agency or the National Credit 
     Union Administration, as applicable, to determine whether the 
     eligible institution may receive such capital investment.
       ``(3) Eligibility.--
       ``(A) In general.--Only low- and moderate-income community 
     financial institutions shall be eligible to participate in 
     the Program.
       ``(B) Additional criteria.--The Secretary may establish 
     additional criteria for participation by an institution in 
     the Program, as the Secretary may determine appropriate in 
     furtherance of the goals of the Program.
       ``(4) Requirement to provide an emergency investment 
     lending plan for communities that may be disproportionately 
     impacted by the economic effects of the covid-19 pandemic.--
       ``(A) In general.--At the time that an applicant submits an 
     application to the Secretary for a capital investment under 
     the Program, the applicant shall provide the Secretary, along 
     with the appropriate Federal banking agency or the National 
     Credit Union Administration, as applicable, an investment and 
     lending plan that--
       ``(i) demonstrates that not less than 30 percent of the 
     lending of the applicant over the past 2 fiscal years was 
     made directly to low- and moderate income borrowers, to 
     borrowers that create direct benefits for low- and moderate-
     income populations, to other targeted populations as defined 
     by the Fund, or any combination thereof, as measured by the 
     total number and dollar amount of loans;
       ``(ii) describes how the business strategy and operating 
     goals of the applicant will address community development 
     needs in communities that may be disproportionately impacted 
     by the economic effects of COVID-19, which includes the needs 
     of small businesses, consumers, nonprofit organizations, 
     community development, and other projects providing direct 
     benefits to low- and moderate-income communities, low-income 
     individuals, and minorities within the minority, rural, and 
     urban low-income and underserved areas served by the 
     applicant;
       ``(iii) includes a plan to provide community outreach and 
     communication, where appropriate;
       ``(iv) includes details on how the applicant plans to 
     expand or maintain significant lending or investment activity 
     in low- or moderate-income minority communities, especially 
     those that may be disproportionately impacted by COVID-19 to 
     historically disadvantaged borrowers, and to minorities that 
     have significant unmet capital or financial services needs.
       ``(B) Documentation.--In the case of an applicant that is 
     certified as a community development financial institution as 
     of the date of enactment of this subsection, for purposes of 
     subparagraph (A)(i), the Secretary may rely on documentation 
     submitted by the applicant to the Fund as part of 
     certification compliance reporting.
       ``(5) Incentives to increase lending and provide affordable 
     credit.--
       ``(A) Issuance and purchase of preferred stock.--An 
     eligible institution that the Secretary approves for 
     participation in the Program may issue to the Secretary, and 
     the Secretary may purchase from such institution, preferred 
     stock that--
       ``(i) provides that the preferred stock will--

       ``(I) be repaid not later than the end of the 10-year 
     period beginning on the date of the capital investment under 
     the Program; or
       ``(II) at the end of such 10-year period, be subject to 
     such additional terms as the Secretary shall prescribe, which 
     shall include a requirement that the stock shall carry the 
     highest dividend or interest rate payable; and

       ``(ii) provides that the term and condition described under 
     clause (i) shall not apply if the application of that term 
     and condition would adversely affect the capital treatment of 
     the stock under current or successor applicable capital 
     provisions compared to a capital instrument with identical 
     terms other than the term and condition described under 
     clause (i).
       ``(B) Alternative financial instruments.--If the Secretary 
     determines that an institution cannot feasibly issue 
     preferred stock as provided under subparagraph (A), such 
     institution may issue to the Secretary, and the Secretary may 
     purchase from such institution, a subordinated debt 
     instrument whose terms are, to the extent possible, 
     consistent with requirements under the Program applicable to 
     the terms of preferred stock issued by institutions 
     participating in the Program, with such adjustments as the 
     Secretary determines appropriate, including by taking into 
     account the tax treatment of payments made with respect to 
     securities issued by such eligible institution.
       ``(6) Requirements on preferred stock and other financial 
     instrument.--Any financial instrument issued to the Secretary 
     by a low- and moderate-income community financial institution 
     under the Program shall provide the following:
       ``(A) No dividends, interest or other similar required 
     payments shall have a rate exceeding 2 percent per annum for 
     the first 10 years.
       ``(B) The annual required payment rate of dividends, 
     interest, or other similar payments of a low- and moderate-
     income community financial institution shall be adjusted 
     downward as follows, based on lending by the institution 
     during the most recent annual period compared to lending by 
     the institution during the annual period ending on September 
     30, 2020:
       ``(i) No dividends, interest, or other similar payments 
     shall be due within the first 24-month period after the 
     capital investment by the Secretary.
       ``(ii) If the amount of lending by the institution within 
     minority, rural, and urban low-income and underserved 
     communities and to low- and moderate-income borrowers has 
     increased in amount between 200 percent and 400 percent of 
     the amount of the capital investment, the annual payment rate 
     shall not exceed 1.25 percent per annum.
       ``(iii) If the amount of lending by the institution within 
     minority, rural, and urban low-income and underserved 
     communities and to low- and moderate-income borrowers has 
     increased by more than 400 percent of the capital investment, 
     the annual payment rate shall not exceed 0.5 percent per 
     annum.
       ``(7) Contingency of payments based on certain financial 
     criteria.--
       ``(A) Deferral.--Any annual payments under this section 
     shall be deferred in any quarter or payment period if any of 
     the following is true:
       ``(i) The low- and moderate-income community institution 
     fails to meet the Tier 1 capital ratio or similar ratio as 
     determined by the Secretary.
       ``(ii) The low- and moderate-income community financial 
     institution fails to achieve positive net income for the 
     quarter or payment period.
       ``(iii) The low- and moderate-income community financial 
     institution determines that the payment would be detrimental 
     to the financial health of the institution and the Chief 
     Executive Officer and Chief Financial Officer of the 
     institution provide written notice, in a form reasonably 
     satisfactory to the Secretary, of such determination and the 
     basis thereof.
       ``(B) Testing during next payment period.--Any annual 
     payment that is deferred under this section shall--
       ``(i) be tested against the metrics described in 
     subparagraph (A) at the beginning of the next payment period; 
     and
       ``(ii) continue to be deferred until the metrics described 
     in that subparagraph are no longer applicable.
       ``(8) Requirements in connection with failure to satisfy 
     program goals.--Any financial instrument issued to the 
     Secretary by a low- and moderate-income community financial 
     institution under the Program may include such additional 
     terms and conditions as the Secretary determines may be 
     appropriate to provide the holders with rights in the event 
     that such institution fails to satisfy applicable 
     requirements under the Program or to protect the interests of 
     the Federal Government.
       ``(e) Restrictions.--
       ``(1) In general.--Each low- and moderate-income community 
     financial institution may only issue financial instruments or 
     senior preferred stock under this subsection with an 
     aggregate principal amount (or comparable amount) that is--
       ``(A) not more than $250,000,000; and
       ``(B)(i) not more than 7.5 percent of total assets for an 
     institution with assets of more than $2,000,000,000;
       ``(ii) not more than 15 percent of total assets for an 
     institution with assets of not less than $500,000,000 and not 
     more than $2,000,000,000; and
       ``(iii) not more than 22.5 percent of total assets for an 
     institution with assets of less than $500,000,000.
       ``(2) Set-asides.--Of the amounts made available under 
     subsection (c)(2), not less than $4,000,000,000 shall be made 
     available for eligible

[[Page H7563]]

     institutions with total assets of not more than 
     $2,000,000,000 that timely apply to receive a capital 
     investment under the Program, of which not less than 
     $2,000,000,000 shall be made available for eligible 
     institutions with total assets of less than $500,000,000 that 
     timely apply to receive a capital investment under the 
     Program.
       ``(3) Holding of instruments.--Holding any instrument of a 
     low- and moderate-income community financial institution 
     described in paragraph (1) shall not give the Secretary or 
     any successor that owns the instrument any rights over the 
     management of the institution in the ordinary course of 
     business.
       ``(4) Sale of interest.--
       ``(A) In general.--With respect to a capital investment 
     made into a low- and moderate-income community financial 
     institution under this section, the Secretary--
       ``(i) prior to any sale of such capital investment to a 
     third party, shall provide the low- and moderate-income 
     community financial institution a right of first refusal to 
     buy back the investment under terms that do not exceed a 
     value as determined by an independent third party;
       ``(ii) shall not sell more than 25 percent of the 
     outstanding equity interests of any institution to a single 
     third party without the consent of such institution, which 
     may not be unreasonably withheld; and
       ``(iii) with the permission of the institution, may 
     transfer or sell the interest of the Secretary in the capital 
     investment for no consideration or for a de minimis amount to 
     a mission aligned nonprofit affiliate of an applicant that is 
     an insured community development financial institution.
       ``(B) Calculation of ownership for minority depository 
     institutions.--The calculation and determination of ownership 
     thresholds for a depository institution to qualify as a 
     minority depository institution shall exclude any dilutive 
     effect of equity investments by the Federal Government, 
     including under the Program or through the Fund.
       ``(5) Repayment incentives.--The Secretary may establish 
     repayment incentives that will apply to capital investments 
     under the Program in a manner that the Secretary determines 
     to be consistent with the purposes of the Program.
       ``(f) Treatment of Capital Investments.--The Secretary 
     shall seek to establish the terms of preferred stock issued 
     under the Program to enable such preferred stock to receive 
     Tier 1 capital treatment.
       ``(g) Outreach to Minority Communities.--The Secretary 
     shall require low- and moderate-income community financial 
     institutions receiving capital investments under the Program 
     to provide community outreach and communication, where 
     appropriate, describing the availability and application 
     process of receiving loans made possible by the Program 
     through organizations, trade associations, and individuals 
     that represent or work within or are members of minority 
     communities.
       ``(h) Restrictions.--
       ``(1) In general.--Not later than the end of the 30-day 
     period beginning on the date of enactment of this section, 
     the Secretary shall issue rules setting restrictions on 
     executive compensation, share buybacks, and dividend payments 
     for recipients of capital investments under the Program.
       ``(2) Conflicts of interest.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Controlling interest.--The term `controlling 
     interest' means owning, controlling, or holding not less than 
     20 percent, by vote or value, of the outstanding amount of 
     any class of equity interest in an entity.
       ``(ii) Covered entity.--The term `covered entity' means an 
     entity in which a covered individual directly or indirectly 
     holds a controlling interest. For the purpose of determining 
     whether an entity is a covered entity, the securities owned, 
     controlled, or held by 2 or more individuals who are related 
     as described in clause (iii)(II) shall be aggregated.
       ``(iii) Covered individual.--The term `covered individual' 
     means--

       ``(I) the President, the Vice President, the head of an 
     Executive department, or a Member of Congress; and
       ``(II) the spouse, child, son-in-law, or daughter-in-law, 
     as determined under applicable common law, of an individual 
     described in subclause (i).

       ``(iv) Executive department.--The term `Executive 
     department' has the meaning given the term in section 101 of 
     title 5, United States Code.
       ``(v) Member of congress.--The term `member of Congress' 
     means a member of the Senate or House of Representatives, a 
     Delegate to the House of Representatives, and the Resident 
     Commissioner from Puerto Rico.
       ``(vi) Equity interest.--The term `equity interest' means--

       ``(I) a share in an entity, without regard to whether the 
     share is--

       ``(aa) transferable; or
       ``(bb) classified as stock or anything similar;

       ``(II) a capital or profit interest in a limited liability 
     company or partnership; or
       ``(III) a warrant or right, other than a right to convert, 
     to purchase, sell, or subscribe to a share or interest 
     described in subclause (I) or (II), respectively.

       ``(B) Prohibition.--Notwithstanding any other provision of 
     this section, no covered entity may be eligible for any 
     investment made under the Program.
       ``(C) Requirement.--The principal executive officer and the 
     principal financial officer, or individuals performing 
     similar functions, of an entity seeking to receive an 
     investment made under the Program shall, before that 
     investment is approved, certify to the Secretary and the 
     appropriate Federal banking agency or the National Credit 
     Union Administration, as applicable, that the entity is 
     eligible to receive the investment, including that the entity 
     is not a covered entity.
       ``(i) Ineligibility of Certain Institutions.--An 
     institution shall be ineligible to participate in the Program 
     if such institution is designated in Troubled Condition by 
     the appropriate Federal banking agency or the National Credit 
     Union Administration, as applicable, or is subject to a 
     formal enforcement action with its primary Federal regulator 
     that addresses unsafe or unsound lending practices.
       ``(j) Termination of Investment Authority.--
       ``(1) In general.--The authority to make new capital 
     investments in low- and moderate-income community financial 
     institutions, including commitments to purchase preferred 
     stock or other instruments, provided under the Program shall 
     terminate on the date that is 6 months after the date on 
     which the national emergency concerning the novel coronavirus 
     disease (COVID-19) outbreak declared by the President on 
     March 13, 2020 under the National Emergencies Act (50 U.S.C. 
     1601 et seq.) terminates.
       ``(2) Rule of construction.--Nothing in this subsection may 
     be construed to limit any other authority of the Secretary 
     not described in paragraph (1).
       ``(k) Collection of Data.--Notwithstanding the Equal Credit 
     Opportunity Act (15 U.S.C. 1691 et seq.)--
       ``(1) any low- and moderate-income community financial 
     institution may collect data described in section 701(a)(1) 
     of that Act (15 U.S.C. 1691(a)(1)) from borrowers and 
     applicants for credit for the sole purpose and exclusive use 
     of monitoring compliance under the plan required under 
     subsection (d)(4); and
       ``(2) a low- and moderate-income community financial 
     institution that collects the data described in paragraph (1) 
     shall not be subject to adverse action related to that 
     collection by the Bureau of Consumer Financial Protection or 
     any other Federal agency.
       ``(l) Deposit of Funds.--All funds received by the 
     Secretary in connection with purchases made pursuant this 
     section, including interest payments, dividend payments, and 
     proceeds from the sale of any financial instrument, shall be 
     deposited into the Fund and used to provide financial and 
     technical assistance pursuant to section 108, except that 
     subsection (e) of that section shall be waived.
       ``(m) Direct Appropriation.--There is appropriated, out of 
     amounts in the Treasury not otherwise appropriated, for 
     fiscal year 2021, $9,000,000,000, to remain available until 
     expended and to be deposited in the Emergency Capital 
     Investment Fund, to carry out this section.
       ``(n) Administrative Expenses.--Funds appropriated pursuant 
     to subsection (m) may be used for administrative expenses, 
     including the costs of modifying such investments, and 
     reasonable costs of administering the Program of making, 
     holding, managing, and selling the capital investments.
       ``(o) Administrative Provisions.--The Secretary may take 
     such actions as the Secretary determines necessary to carry 
     out the authorities in this section, including the following:
       ``(1) The Secretary may use the services of any agency or 
     instrumentality of the United States or component thereof on 
     a reimbursable basis, and any such agency or instrumentality 
     or component thereof is authorized to provide services as 
     requested by the Secretary using all authorities vested in or 
     delegated to that agency, instrumentality, or component.
       ``(2) The Secretary may enter into contracts, including 
     contracts for services authorized by section 3109 of title 5, 
     United States Code.
       ``(3) The Secretary may designate any bank, savings 
     association, trust company, security broker or dealer, asset 
     manager, or investment adviser as a financial agent of the 
     Federal Government and such institution shall perform all 
     such reasonable duties related to this section as financial 
     agent of the Federal Government as may be required. The 
     Secretary shall have authority to amend existing agreements 
     with financial agents to perform reasonable duties related to 
     this section.
       ``(4) The Secretary may exercise any rights received in 
     connection with any preferred stock or other financial 
     instruments or assets purchased or acquired pursuant to the 
     authorities granted under this section.
       ``(5) The Secretary may manage any assets purchased under 
     this section, including revenues and portfolio risks 
     therefrom.
       ``(6) The Secretary may sell, dispose of, transfer, 
     exchange or enter into securities loans, repurchase 
     transactions, or other financial transactions in regard to, 
     any preferred stock or other financial instrument or asset 
     purchased or acquired under this section, upon terms and 
     conditions and at a price determined by the Secretary.
       ``(7) The Secretary may manage or prohibit conflicts of 
     interest that may arise in connection with the administration 
     and execution of the authorities provided under this section.
       ``(8) The Secretary may establish and use vehicles to 
     purchase, hold, and sell preferred stock or other financial 
     instruments and issue obligations.
       ``(9) The Secretary may issue such regulations and other 
     guidance as may be necessary or appropriate to define terms 
     or carry out the authorities or purposes of this section.
       ``(10) The Secretary is authorized to use direct hiring 
     authority to hire employees to administer this section.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 1(b) of the Riegle Community Development 
     and Regulatory Improvement Act of 1994 is amended by 
     inserting after the item relating to section 104 the 
     following:

``104A. Capital investments for neighborhoods disproportionately 
              impacted by the COVID-19 pandemic.''.

[[Page H7564]]

  


     SEC. 523. EMERGENCY SUPPORT FOR CDFIS AND COMMUNITIES 
                   RESPONDING TO THE COVID-19 PANDEMIC.

       (a) Direct Appropriation.--There is appropriated, out of 
     amounts in the Treasury not otherwise appropriated, for the 
     fiscal year 2021, $3,000,000,000 under the heading 
     ``DEPARTMENT OF TREASURY--COMMUNITY DEVELOPMENT FINANCIAL 
     INSTITUTIONS FUND PROGRAM ACCOUNT, EMERGENCY SUPPORT'' to 
     carry out this section, of which--
       (1) up to $1,250,000,000, shall remain available until 
     September 30, 2021, to support, prepare for, and respond to 
     the economic impact of the coronavirus, provided that the 
     Fund shall--
       (A) provide grants funded under this paragraph using a 
     formula that takes into account criteria such as 
     certification status, financial and compliance performance, 
     portfolio and balance sheet strength, a diversity of CDFI 
     business model types, and program capacity, of which not less 
     than $25,000,000 may be for grants to benefit Native 
     American, Native Hawaiian, and Alaska Native communities; and
       (B) make funds available under this paragraph not later 
     than 60 days after the date of enactment of this Act; and
       (2) up to $1,750,000,000, shall remain available until 
     expended, to provide grants to CDFIs to respond to the 
     economic impact of the COVID-19 pandemic--
       (A) to expand lending, grant making, or investment activity 
     in low- or moderate-income minority communities and to 
     minorities that have significant unmet capital or financial 
     services needs;
       (B) using criteria such as certification status, financial 
     and compliance performance, portfolio and balance sheet 
     strength, a diversity of CDFI business model types, status as 
     a minority lending institution, and program capacity, as well 
     as experience making loans and investments to those areas and 
     populations identified in this paragraph; and
       (C) of which up to $1,200,000,000, shall be for providing 
     financial assistance, technical assistance, awards, training 
     and outreach programs to recipients that are minority lending 
     institutions.
       (b) Administrative Expenses.--Funds appropriated pursuant 
     to subsection (a) may be used for administrative expenses, 
     including administration of Fund programs and the New Markets 
     Tax Credit Program under section 45D of the Internal Revenue 
     Code of 1986.
       (c) Definitions.--In this section:
       (1) CDFI.--The term ``CDFI'' means a community development 
     financial institution, as defined in section 103 of the 
     Community Development Banking and Financial Institutions Act 
     of 1994 (12 U.S.C. 4702).
       (2) Fund.--The term ``Fund'' means the Community 
     Development Financial Institutions Fund established under 
     section 104(a) of the Community Development Banking and 
     Financial Institutions Act of 1994 (12 U.S.C. 4703(a)).
       (3) Minority.--The term ``minority'' means any Black 
     American, Hispanic American, Asian American, Native American, 
     Native Alaskan, Native Hawaiian, or Pacific Islander.
       (4) Minority lending institution.--The term ``minority 
     lending institution'' means a CDFI--
       (A) with respect to which a majority of both the number 
     dollar volume of arm's-length, on-balance sheet financial 
     products of the CDFI are directed at minorities or majority 
     minority census tracts or equivalents; and
       (B) that--
       (i) is a minority depository institution, as defined in 
     section 308(b) of the Financial Institutions Reform, 
     Recovery, and Enforcement Act of 1989 (12 U.S.C. 1463 note), 
     or otherwise considered to be a minority depository 
     institution by the appropriate Federal banking agency, as 
     defined in section 3 of the Federal Deposit Insurance Act (12 
     U.S.C. 1813), or by the National Credit Union Administration, 
     as applicable; or
       (ii) meets standards for accountability to minority 
     populations as determined by the Administrator.
       (d) Collection of Data.--With respect to a CDFI that 
     receives funds under this section, notwithstanding the Equal 
     Credit Opportunity Act (15 U.S.C. 1691 et seq.)--
       (1) the CDFI may collect data described in section 
     701(a)(1) of that Act (15 U.S.C. 1691(a)(1)) from borrowers 
     and applicants for credit for the sole purpose and exclusive 
     use to ensure that targeted populations and low-income 
     residents of investment areas are adequately served; and
       (2) the CDFI that collects the data described in paragraph 
     (1) shall not be subject to adverse action related to that 
     collection by the Bureau of Consumer Financial Protection or 
     any other Federal agency.

     SEC. 524. INSPECTOR GENERAL OVERSIGHT.

       (a) In General.--The Inspector General of the Department of 
     the Treasury shall conduct, supervise, and coordinate audits 
     and investigations of any program established under this 
     subtitle or the amendments made by this subtitle.
       (b) Reporting.--The Inspector General of the Department of 
     the Treasury shall submit to the Committee on Financial 
     Services of the House of Representatives and the Committee on 
     Banking, Housing, and Urban Affairs of the Senate and the 
     Secretary of the Treasury not less frequently than 2 times 
     per year a report relating to the oversight provided by the 
     Office of the Inspector General, including any 
     recommendations for improvements to the programs described in 
     subsection (a).

     SEC. 525. STUDY AND REPORT WITH RESPECT TO IMPACT OF PROGRAMS 
                   ON LOW- AND MODERATE-INCOME AND MINORITY 
                   COMMUNITIES.

       (a) Study.--The Secretary of the Treasury shall conduct a 
     study of the impact of the programs established under this 
     subtitle or any amendment made by this subtitle on low- and 
     moderate-income and minority communities.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of the Treasury shall 
     submit to the Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate a report on the results of the 
     study conducted pursuant to subsection (a), which shall 
     include, to the extent possible, the results of the study 
     disaggregated by ethnic group.
       (c) Information Provided to the Secretary.--Eligible 
     institutions that participate in any of the programs 
     described in subsection (a) shall provide the Secretary of 
     the Treasury with such information as the Secretary may 
     require to carry out the study required by this section.

                       Subtitle C--Miscellaneous

     SEC. 540. EXTENSIONS OF TEMPORARY RELIEF AND EMERGENCY 
                   AUTHORITIES.

       (a) In General.--Title IV of the CARES Act (15 U.S.C. 9041 
     et seq.) is amended--
       (1) in section 4014(b) (15 U.S.C. 9052(b))--
       (A) in paragraph (1), by inserting ``the first day of the 
     fiscal year of the insured depository institution, bank 
     holding company, or any affiliate thereof that begins after'' 
     before ``the date''; and
       (B) in paragraph (2), by striking ``December 31, 2020'' and 
     inserting ``January 1, 2022''; and
       (2) in section 4016(b)(2), by striking ``2020'' and 
     inserting ``2021''.
       (b) Temporary Credit Union Provisions.--Section 
     307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 
     1795f(a)(4)(A)) is amended by striking ``December 31, 2020'' 
     and inserting ``December 31, 2021''.

     SEC. 541. EXTENSION OF TEMPORARY RELIEF FROM TROUBLED DEBT 
                   RESTRUCTURINGS AND INSURER CLARIFICATION.

       Section 4013 of the CARES Act (15 U.S.C. 9051) is amended--
       (1) by inserting ``, including an insurance company,'' 
     after ``institution'' each place the term appears;
       (2) in subsection (a)(1), by striking ``December 31, 2020'' 
     and inserting ``January 1, 2022'';
       (3) in subsection (b)(1)(B), by inserting ``under United 
     States Generally Accepted Accounting Principles'' after 
     ``purposes''; and
       (4) in subsection (d)(1), by inserting ``, including 
     insurance companies,'' after ``institutions''.

     SEC. 542. HEALTHCARE OPERATING LOSS LOANS.

       (a) Definitions.--In this section:
       (1) Operating loss.--The term ``operating loss'' has the 
     meaning given the term in section 223(d) of the National 
     Housing Act (12 U.S.C. 1715n(d)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (b) Authorization to Provide Mortgage Insurance.--
     Notwithstanding any other provision of law, for fiscal years 
     2020 and 2021, in addition to the authority provided to 
     insure operating loss loans under section 223(d) of the 
     National Housing Act (12 U.S.C. 1715n(d)), the Secretary may 
     insure or enter into commitments to ensure mortgages under 
     such section 223(d) with respect to healthcare facilities--
       (1) insured under section 232 or section 242 of the 
     National Housing Act (12 U.S.C. 1715w, 1715z-7);
       (2) that were financially sound immediately prior to the 
     President's March 13, 2020 Proclamation on Declaring a 
     National Emergency Concerning the Novel Coronavirus Disease 
     (COVID-19) Outbreak;
       (3) that have exhausted all other forms of assistance; and
       (4) subject to--
       (A) the limitation for new commitments to guarantee loans 
     insured under the General and Special Risk Insurance Funds 
     under the heading ``General and Special Risk Program 
     Account'' for fiscal years 2020 and 2021; and
       (B) the underwriting parameters and other terms and 
     conditions that the Secretary determines appropriate through 
     guidance.
       (c) Amount of Loan.--After all other realized or reasonably 
     anticipated assistance (including reimbursements, loans, or 
     other payments from other Federal sources) are taken into 
     account, a loan insured under subsection (b) shall be in an 
     amount not exceeding the lesser of--
       (1) the temporary losses or additional expenses incurred or 
     expected to be incurred by the healthcare facility as a 
     result of the impact of the circumstances giving rise to the 
     President's March 13, 2020 Proclamation on Declaring a 
     National Emergency Concerning the Novel Coronavirus Disease 
     (COVID-19) Outbreak; or
       (2) the amount expected to be needed to cover the sum of--
       (A) 1 year of principal and interest payments for the 
     existing loans of the healthcare facility insured by the 
     Secretary;
       (B) 1 year of principal and interest payments for the loan 
     pursuant to this section;
       (C) 1 year of mortgage insurance premiums for the loans 
     described in subparagraphs (A) and (B);
       (D) 1 year of monthly deposits to reserve accounts required 
     by the Secretary for the loans described in subparagraphs (A) 
     and (B);
       (E) 1 year of property taxes and insurance for the 
     healthcare facility; and
       (F) transaction costs, including legal fees, for the loans 
     described in subparagraphs (A) and (B).

                       TITLE VI--LABOR PROVISIONS

     SEC. 601. JOB CORPS FLEXIBILITIES.

       (a) Enrollment.--During the period beginning on the date of 
     enactment of this Act and ending when all qualifying 
     emergencies have expired, notwithstanding any other provision 
     of law, the requirements described in sections 145(a)(2)(A) 
     and 152(b)(2)(B) of the Workforce Innovation and Opportunity 
     Act (29 U.S.C. 3195(a)(2)(A), 3202(b)(2)(B)) shall be 
     applicable only for enrollees in the Job Corps--
       (1) participating on-site at a Job Corps center; or

[[Page H7565]]

       (2) returning to on-site participation at a Job Corps 
     center after participating in distance learning.
       (b) Eligibility.--During a qualifying emergency or the 1-
     year period immediately following the expiration of the 
     qualifying emergency, an individual who would be older than 
     the age of 24 on the date the individual enrolls in the Job 
     Corps is eligible to enroll in the Job Corps, notwithstanding 
     section 144(a)(1)(A) of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3194(a)(1)(A)), as long as--
       (1) the individual applies for enrollment by the date that 
     is 6 months after the date of enactment of this Act, and is 
     not older than age 24 on the date of application; and
       (2) the individual attains the age of 25 during the 
     qualifying emergency or the 1-year period immediately 
     following the expiration of the qualifying emergency.
       (c) Qualifying Emergency Defined.--In this section, the 
     term ``qualifying emergency'' has the meaning given the term 
     in section 3502(a)(4) of the Coronavirus Aid, Relief, and 
     Economic Security Act (Public Law 116-136).

              TITLE VII--NUTRITION AND AGRICULTURE RELIEF

                         Subtitle A--Nutrition

          CHAPTER 1--SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM

     SEC. 701. DEFINITIONS.

       In this chapter--
       (1) Covid-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means a public health emergency 
     declared or renewed by the Secretary of Health and Human 
     Services under section 319 of the Public Health Service Act 
     (42 U.S.C. 247d) based on an outbreak of coronavirus disease 
     2019 (COVID-19).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Supplemental nutrition assistance program.--The term 
     ``supplemental nutrition assistance program'' has the meaning 
     given such term in section 3(t) of the Food and Nutrition Act 
     of 2008 (7 U.S.C. 2012(t)).
       (4) SNAP.--The term ``SNAP'' refers to the supplemental 
     nutrition assistance program.

     SEC. 702. SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.

       (a) Value of Benefits.--Notwithstanding any other provision 
     of law, beginning on January 1, 2021, and for each subsequent 
     month through June 30, 2021, the value of benefits determined 
     under section 8(a) of the Food and Nutrition Act of 2008 (7 
     U.S.C. 15 2017(a)) shall be calculated using 115 percent of 
     the June 2020 value of the thrifty food plan (as defined in 
     section 3 of such Act (7 U.S.C. 2012)) if the value of the 
     benefits would be greater under that calculation than in the 
     absence of this subsection.
       (b) Requirements for the Secretary.--In carrying out this 
     section, the Secretary shall--
       (1) consider the benefit increases described in subsection 
     (a) to be a ``mass change'';
       (2) require a simple process for States to notify 
     households of the increase in benefits;
       (3) consider section 16(c)(3)(A) of the Food and Nutrition 
     Act of 2008 (7 U.S.C. 2025(c)(3)(A)) to apply to any errors 
     in the implementation of this section without regard to the 
     120-day limit described in that section; and
       (4) disregard the additional amount of benefits that a 
     household receives as a result of this section in determining 
     the amount of overissuances under section 13 of the Food and 
     Nutrition Act of 2008 (7 U.S.C. 2022).
       (c) Administrative Expenses.--
       (1) In general.--For the costs of State administrative 
     expenses associated with carrying out this section and 
     administering the supplemental nutrition assistance program 
     established under the Food and Nutrition Act of 2008 (7 
     U.S.C. 2011 et seq.) during the COVID-19 public health 
     emergency, the Secretary shall make available $100,000,000 
     for fiscal year 2021.
       (2) Timing.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary shall make available to 
     States amounts for fiscal year 2021 under paragraph (1).
       (3) Allocation of funds.--Funds described in paragraph (1) 
     shall be made available as grants to State agencies for 
     fiscal year 2021 as follows:
       (A) 75 percent of the amounts available for fiscal year 
     2021 shall be allocated to States based on the share of each 
     State of households that participate in the supplemental 
     nutrition assistance program as reported to the Department of 
     Agriculture for the most recent 12-month period for which 
     data are available, adjusted by the Secretary (as of the date 
     of the enactment of this Act) for participation in disaster 
     programs under section 5(h) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2014(h)); and
       (B) 25 percent of the amounts available for fiscal year 
     2021 shall be allocated to States based on the increase in 
     the number of households that participate in the supplemental 
     nutrition assistance program as reported to the Department of 
     Agriculture over the most recent 12-month period for which 
     data are available, adjusted by the Secretary (as of the date 
     of the enactment of this Act) for participation in disaster 
     programs under section 5(h) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2014(h)).
       (d) Certain Exclusions From Snap Income.--A Federal 
     pandemic unemployment compensation payment made to an 
     individual under section 2104 of the Coronavirus Aid, Relief, 
     and Economic Security Act (Public Law 116-136) shall not be 
     regarded as income and shall not be regarded as a resource 
     for the month of receipt and the following 9 months, for the 
     purpose of determining eligibility of such individual or any 
     other individual for benefits or assistance, or the amount of 
     benefits or assistance, under any programs authorized under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.).
       (e) Provisions for Impacted Students.--
       (1) In general.--Notwithstanding any other provision of 
     law, not later than 20 days after the date of the enactment 
     of this Act, eligibility for supplemental nutrition 
     assistance program benefits shall not be limited under 
     section 6(e) of the Food and Nutrition Act of 2008 (7 U.S.C. 
     2015(e)) for an individual who--
       (A) is enrolled at least half-time in an institution of 
     higher education; and
       (B)(i) is eligible to participate in a State or federally 
     financed work study program during the regular school year as 
     determined by the institution of higher education; or
       (ii) in the current academic year, has an expected family 
     contribution of $0 as determined in accordance with part F of 
     title IV of the Higher Education Act of 195 (20 U.S.C. 1087kk 
     et. seq.).
       (2) Sunset.--
       (A) Initial applications.--The eligibility standards 
     authorized under paragraph (1) shall be in effect for initial 
     applications for the supplemental nutrition assistance 
     program until 30 days after the COVID-19 public health 
     emergency is lifted.
       (B) Recertifications.--The eligibility standards authorized 
     under paragraph (1) shall be in effect until the first 
     recertification of a household beginning no earlier than 30 
     days after the COVID-19 public health emergency is lifted.
       (3) Guidance.--
       (A) In general.--Not later than 10 days after the date of 
     enactment of this Act, the Secretary shall issue guidance to 
     State agencies on the temporary student eligibility 
     requirements established under this subsection.
       (B) Coordination with the department of education.--The 
     Secretary of Education, in consultation with the Secretary of 
     Agriculture and institutions of higher education, shall carry 
     out activities to inform applicants for Federal student 
     financial aid under the Higher Education Act of 1965 (20 
     U.S.C. 1001 et seq.) and students at institutions of higher 
     education of the temporary student eligibility requirements 
     established under this subsection.
       (f) Report.--Not later than July 31, 2021, the Secretary 
     shall submit to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate a report that accounts for both 
     the redemption rate and account balances for each month 
     during the period specified in subsection (a).
       (g) Limitation on Quality Control Waivers.--Section 
     4603(a)(2) of the Continuing Appropriations Act, 2021 and 
     Other Extensions Act (Public Law 116-159) is amended by 
     striking ``September 30, 2021'' and inserting ``June 30, 
     2021''.
       (h) Funding.--There are hereby appropriated to the 
     Secretary, out of any money not otherwise appropriated, such 
     sums as may be necessary to carry out this section.

     SEC. 703. ADDITIONAL ASSISTANCE FOR SNAP ONLINE PURCHASING 
                   AND TECHNOLOGY IMPROVEMENTS.

       (a) Resources for SNAP Online Purchasing.--Not later than 
     60 days after the date of enactment of this Act, the 
     Secretary shall provide--
       (1) additional support for the Food and Nutrition Service 
     to conduct end-to-end testing in the online production 
     environment; and
       (2) technical assistance to educate retailers on the 
     process and technical requirements for the online acceptance 
     of SNAP benefits and to support and expedite SNAP online 
     purchasing.
       (b) Snap Online Purchasing Assistance for Direct-marketing 
     Farmers and Farmers' Markets.--The Secretary, on a 
     competitive basis, shall enter into cooperative agreements 
     with, or provide grants to, not more than 5 eligible entities 
     to build out functionality, and provide assistance to direct-
     marketing farmers and farmers' markets to accept SNAP 
     benefits through online transactions.
       (1) Selection priority.--The Secretary shall prioritize 
     eligible entities with experience building online purchasing 
     platforms for technology solutions for farmers' markets and 
     direct-marketing farmers.
       (2) Definition of eligible entity.--In this subsection, the 
     term ``eligible entity'' means a nonprofit entity with 
     experience building online purchasing platforms or technology 
     solutions, or with experience working with commercial 
     entities that have experience building online purchasing 
     platforms or technology solutions.
       (c) Issuance Innovation and Technology Improvement 
     Support.--The Secretary shall--
       (1) review technological developments, including 
     developments related to security and privacy, surrounding 
     mobile payment technology, to support the mobile technologies 
     demonstration projects and the use of mobile technologies 
     authorized under section 7(k)(14) of the Food and Nutrition 
     Act of 2008; and
       (2) test methods to modernize electronic benefit transfer 
     technology for the purpose of improving the security and 
     integrity of the electronic benefits transfer system.
       (d) Report.--Not later than January 31, 2022, and annually 
     thereafter until all funds provided under subsection (e) have 
     been expended, the Secretary shall submit to the Committee on 
     Agriculture of the House of Representatives and the Committee 
     on Agriculture, Nutrition, and Forestry of the Senate a 
     report that includes--
       (1) a description of the activities conducted under 
     subsections (a), (b), and (c);
       (2) a description of any grants, cooperative agreements, or 
     contracts awarded under this section;
       (3) an analysis of the technological developments 
     surrounding mobile payment technology; and
       (4) a summary of EBT modernization testing results under 
     subsection (c)(2).
       (e) Funding.--
       (1) Appropriations.--There is hereby appropriated to the 
     Secretary, out of any money in

[[Page H7566]]

     the Treasury not otherwise appropriated, $5,000,000 to be 
     available until expended to carry out this section.
       (2) Use of funds.--With respect to the funds appropriated 
     under paragraph (1), the Secretary shall use--
       (A) not more than $1,000,000 for purposes described in 
     subsection (a); and
       (B) not more than $1,000,000 for purposes described in 
     subsection (b).

     SEC. 704. NUTRITION ASSISTANCE PROGRAMS.

       In addition to amounts otherwise made available, 
     $614,000,000, to remain available through September 30, 2021, 
     shall be available for the Secretary of Agriculture to 
     provide grants to the Commonwealth of the Northern Mariana 
     Islands, Puerto Rico, and American Samoa for nutrition 
     assistance in response to a COVID-19 public health emergency, 
     of which $14,000,000 shall be available for the Commonwealth 
     of the Northern Mariana Islands.

               CHAPTER 2--COMMODITY DISTRIBUTION PROGRAMS

     SEC. 711. EMERGENCY FOOD ASSISTANCE PROGRAM.

       For an additional amount for the ``Commodity Assistance 
     Program'' for the emergency food assistance program as 
     authorized by section 27(a) of the Food and Nutrition Act of 
     2008 (7 U.S.C. 2036(a)) and section 204(a)(1) of the 
     Emergency Food Assistance Act of 1983 (7 U.S.C. 7508(a)(1)), 
     $400,000,000, to remain available through September 30, 2021: 
      Provided, That of the funds made available in this section, 
     the Secretary may use up to 20 percent for costs associated 
     with the distribution of commodities.

     SEC. 712. COMMODITY SUPPLEMENTAL ASSISTANCE PROGRAM.

       In addition to amounts otherwise made available, 
     $13,000,000, to remain available through September 30, 2021, 
     shall be available for the Secretary of Agriculture for the 
     Commodity Supplemental Food Program as authorized by section 
     4(a) of the Agriculture and Consumer Protection Act of 1973 
     (7 U.S.C. 612c note):  Provided, That of the funds made 
     available in this section, up to 20 percent shall be 
     available for State administrative expenses.

                       CHAPTER 3--CHILD NUTRITION

     SEC. 721. ASSISTANCE FOR CHILDREN IN CHILD CARE.

       Section 1101 of the Families First Coronavirus Response Act 
     (Public Law 116-127; 7 U.S.C. 2011 note) is amended--
       (1) in subsection (f), by amending paragraph (2) to read as 
     follows:
       ``(2) Simplifying assumptions for school year 2020-2021.--
     For purposes of this section, a State agency may develop and 
     use simplifying assumptions (including a State or local 
     public health ordinance developed in response to COVID-19) 
     and the best feasibly available data to determine the status 
     of a school or covered child care facility as opened, closed, 
     or operating with a reduced number of days or hours, 
     establish State or regionally-based benefits levels, identify 
     eligible children and children eligible for assistance under 
     subsection (h), and establish eligibility periods for 
     eligible children and children eligible for assistance under 
     subsection (h).''; and
       (2) in subsection (h)--
       (A) in paragraph (1), by inserting ``or the area of a 
     child's residence'' after ``schools in the area of a covered 
     child care facility'';
       (B) in paragraph (2), by inserting ``or for each day that a 
     school in the area of a covered child care facility or the 
     area of the child's residence is closed or has reduced 
     attendance or hours for at least 5 consecutive days'' before 
     the period at the end; and
       (C) by adding at the end the following:
       ``(4) Deemed population.--For purposes of an approved State 
     agency plan described in paragraph (1) or an approved 
     amendment to such a plan described in such paragraph, the 
     Secretary of Agriculture shall deem any child who has not 
     attained the age of 6 as a child who is enrolled in a covered 
     child care facility.''; and
       (3) in subsection (j), by inserting ``for State agencies, 
     other agencies of the State, local units, and schools'' after 
     ``administrative expenses''.

     SEC. 722. EMERGENCY COSTS FOR CHILD NUTRITION PROGRAMS DURING 
                   COVID-19 PANDEMIC.

       (a) Use of Certain Appropriations to Cover Emergency 
     Operational Costs Under School Meal Programs.--
       (1) In general.--
       (A) Required allotments.--Notwithstanding any other 
     provision of law, the Secretary shall allocate to each State 
     that participates in the reimbursement program under 
     paragraph (3) such amounts as may be necessary to carry out 
     reimbursements under such paragraph for each reimbursement 
     month, including, subject to paragraph (5)(B), administrative 
     expenses necessary to make such reimbursements.
       (B) Guidance with respect to program.--Not later than 30 
     days after the date of the enactment of this section, the 
     Secretary shall issue guidance with respect to the 
     reimbursement program under paragraph (3).
       (2) Reimbursement program application.--To participate in 
     the reimbursement program under paragraph (3), not later than 
     30 days after the date described in paragraph (1)(B), a State 
     shall submit an application to the Secretary that includes a 
     plan to calculate and disburse reimbursements under the 
     reimbursement program under paragraph (3).
       (3) Reimbursement program.--Subject to paragraphs (4) and 
     (5)(D), using the amounts allocated under paragraph (1)(A), a 
     State participating in the reimbursement program under this 
     paragraph shall make reimbursements for emergency operational 
     costs for each reimbursement month as follows:
       (A) For each new school food authority in the State for the 
     reimbursement month, an amount equal to 55 percent of the 
     amount equal to--
       (i) the average monthly amount such new school food 
     authority was reimbursed under the reimbursement sections for 
     meals and supplements served by such new school food 
     authority during the alternate period; minus
       (ii) the amount such new school food authority was 
     reimbursed under the reimbursement sections for meals and 
     supplements served by such new school food authority during 
     such reimbursement month.
       (B) For each school food authority not described in 
     subparagraph (A) in the State for the reimbursement month, an 
     amount equal to 55 percent of--
       (i) the amount such school food authority was reimbursed 
     under the reimbursement sections for meals and supplements 
     served by such school food authority for the month beginning 
     one year before such reimbursement month; minus
       (ii) the amount such school food authority was reimbursed 
     under the reimbursement sections for meals and supplements 
     served by such school food authority during such 
     reimbursement month.
       (4) Special rules relating to reimbursement calculation.--
       (A) Effect of negative number.--If a subtraction performed 
     under subparagraph (A) or (B) of paragraph (3) results in a 
     negative number, the reimbursement amount calculated under 
     such subparagraph shall equal zero.
       (B) Special treatment of march, 2020.--In the case of a 
     reimbursement under subparagraph (A) or (B) of paragraph (3) 
     for the reimbursement month of March, 2020, the reimbursement 
     amount shall be equal to the amount determined under such a 
     subparagraph for such month, divided by 2.
       (5) Treatment of funds.--
       (A) Availability.--Funds allocated to a State under 
     paragraph (1)(A) shall remain available until September 30, 
     2021.
       (B) Administrative expenses.--A State may reserve not more 
     than 1 percent of the funds allocated under paragraph (1)(A) 
     for administrative expenses to carry out this subsection.
       (C) Unexpended balance.--On March 31, 2022, any amounts 
     allocated to a State under paragraph (1)(A) or reimbursed to 
     a school food authority or new school food authority under 
     paragraph (3) that are unexpended by such State, school food 
     authority, or new school food authority shall revert to the 
     Secretary.
       (D) Limitation on use of funds.--Funds allocated to a State 
     under paragraph (1)(A) may only be made available to a school 
     food authority or new school food authority that--
       (i) submits a claim to such State for meals, supplements, 
     or administrative costs with respect to a month occurring 
     during the period beginning September 1, 2020 and ending 
     December 31, 2020; or
       (ii) provides an assurance to such State that the school 
     food authority or new school food authority will submit a 
     claim to such State for meals, supplements, or administrative 
     costs with respect to a month occurring during the first full 
     semester (or equivalent term) after the conclusion of the 
     public health emergency, as determined by such State.
       (6) Reports.--Each State that carries out a reimbursement 
     program under paragraph (3) shall, not later than March 31, 
     2022, submit a report to the Secretary that includes a 
     summary of the use of such funds by the State and each school 
     food authority and new school food authority in such State.
       (b) Use of Certain Appropriations to Cover Child and Adult 
     Care Food Program Child Care Operational Emergency Costs 
     During COVID-19 Pandemic.--
       (1) In general.--
       (A) Required allotments.--Notwithstanding any other 
     provision of law, the Secretary shall allocate to each State 
     that participates in the reimbursement program under 
     paragraph (3) such amounts as may be necessary to carry out 
     reimbursements under such paragraph for each reimbursement 
     month, including, subject to paragraph (5)(C), administrative 
     expenses necessary to make such reimbursements.
       (B) Guidance with respect to program.--Not later than 30 
     days after the date of the enactment of this section, the 
     Secretary shall issue guidance with respect to the 
     reimbursement program under paragraph (3).
       (2) Reimbursement program application.--To participate in 
     the reimbursement program under paragraph (3), not later than 
     30 days after the date described in paragraph (1)(B), a State 
     shall submit an application to the Secretary that includes a 
     plan to calculate and disburse reimbursements under the 
     reimbursement program under paragraph (3).
       (3) Reimbursement amount.--Subject to paragraphs (4) and 
     (5)(E), using the amounts allocated under paragraph (1)(A), a 
     State participating in the reimbursement program under this 
     paragraph shall make reimbursements for child care 
     operational emergency costs for each reimbursement month as 
     follows:
       (A) For each new covered institution in the State for the 
     reimbursement month, an amount equal to 55 percent of--
       (i) the average monthly amount such new covered institution 
     was reimbursed under subsection (c) and subsection (f) of 
     section 17 of the Richard B. Russell National School Lunch 
     Act (42 U.S.C. 1766) for meals and supplements served by such 
     new covered institution during the alternate period; minus
       (ii) the amount such new covered institution was reimbursed 
     under such section for meals and supplements served by such 
     new covered institution during such reimbursement month.
       (B) For each covered institution not described in 
     subparagraph (A) in the State for the reimbursement month, an 
     amount equal to 55 percent of--
       (i) the amount such covered institution was reimbursed 
     under subsection (c) and subsection

[[Page H7567]]

     (f) of section 17 of the Richard B. Russell National School 
     Lunch Act (42 U.S.C. 1766) for meals and supplements served 
     by such covered institution during the month beginning one 
     year before such reimbursement month; minus
       (ii) the amount such covered institution was reimbursed 
     under such section for meals and supplements served by such 
     covered institution during such reimbursement month.
       (C) For each new sponsoring organization of a family or 
     group day care home in the State for the reimbursement month, 
     an amount equal to 55 percent of--
       (i) the average monthly amount such new sponsoring 
     organization of a family or group day care home was 
     reimbursed under section 17(f)(3)(B) of the Richard B. 
     Russell National School Lunch Act (42 U.S.C. 1766(f)(3)(B)) 
     for administrative funds for the alternate period; minus
       (ii) the amount such new sponsoring organization of a 
     family or group day care home was reimbursed under such 
     section for administrative funds for the reimbursement month.
       (D) For each sponsoring organization of a family or group 
     day care home not described in subparagraph (C) in the State 
     for the reimbursement month, an amount equal to 55 percent 
     of--
       (i) the amount such sponsoring organization of a family or 
     group day care home was reimbursed under section 17(f)(3)(B) 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1766(f)(3)(B)) for administrative funds for the month 
     beginning one year before such reimbursement month; minus
       (ii) the amount such sponsoring organization of a family or 
     group day care home was reimbursed under such section for 
     administrative funds for such reimbursement month.
       (4) Special rules relating to reimbursement calculation.--
       (A) Effect of negative number.--If a subtraction performed 
     under subparagraph (A), (B), (C), or (D) of paragraph (3) 
     results in a negative number, the reimbursement amount 
     calculated under such subparagraph shall equal zero.
       (B) Special treatment of march, 2020.--In the case of a 
     reimbursement under subparagraph (A), (B), (C), or (D) of 
     paragraph (3) for the reimbursement month of March, 2020, the 
     reimbursement amount shall be equal to the amount determined 
     under such a subparagraph for such month, divided by 2.
       (5) Treatment of funds.--
       (A) Availability.--Funds allocated to a State under 
     paragraph (1)(A) shall remain available until September 30, 
     2021.
       (B) Unaffiliated center.--In the case of a covered 
     institution or a new covered institution that is an 
     unaffiliated center that is sponsored by a sponsoring 
     organization and receives funds for a reimbursement month 
     under subparagraph (A) or (B) of paragraph (3), such 
     unaffiliated center shall provide to such sponsoring 
     organization an amount of such funds as agreed to by the 
     sponsoring organization and the unaffiliated center, except 
     such amount may not be greater be than 15 percent of such 
     funds.
       (C) Administrative expenses.--A State may reserve not more 
     than 1 percent of the funds allocated under paragraph (1)(A) 
     for administrative expenses to carry out this subsection.
       (D) Unexpended balance.--On March 31, 2022, any amounts 
     allocated to a State under paragraph (1)(A) or reimbursed to 
     a new covered institution, covered institution, new 
     sponsoring organization of a family or group day care home, 
     or sponsoring organization of a family or group day care home 
     that are unexpended by such State, new covered institution, 
     covered institution, new sponsoring organization of a family 
     or group day care home, or sponsoring organization of a 
     family or group day care home, shall revert to the Secretary.
       (E) Limitation on use of funds.--Funds allocated to a State 
     under paragraph (1)(A) may only be made available to a new 
     covered institution, covered institution, new sponsoring 
     organization of a family or group day care home, or 
     sponsoring organization of a family or group day care home 
     that--
       (i) submits a claim to such State for meals, supplements, 
     or administrative costs with respect to a month occurring 
     during the period beginning September 1, 2020 and ending 
     December 31, 2020; or
       (ii) provides an assurance to such State that the new 
     covered institution, covered institution, new sponsoring 
     organization of a family or group day care home, or 
     sponsoring organization of a family or group day care home 
     will submit a claim to such State for meals, supplements, or 
     administrative costs with respect to a month occurring within 
     90 days after the conclusion of the public health emergency.
       (6) Reports.--Each State that carries out a reimbursement 
     program under paragraph (3) shall, not later than March 31, 
     2022, submit a report to the Secretary that includes a 
     summary of the use of such funds by the State and each new 
     covered institution, covered institution, new sponsoring 
     organization of a family or group day care home, or 
     sponsoring organization of a family or group day care home.
       (c) Funding.--There are appropriated to the Secretary, out 
     of any funds in the Treasury not otherwise appropriated, such 
     sums as are necessary to carry out this section.
       (d) Definitions.--In this section:
       (1) Alternate period.--The term ``alternate period'' means 
     the period beginning January 1, 2020 and ending February 29, 
     2020.
       (2) Emergency operational costs.--The term ``emergency 
     operational costs'' means the costs incurred by a school food 
     authority or new school food authority--
       (A) during a public health emergency;
       (B) that are related to the ongoing operation, modified 
     operation, or temporary suspension of operation (including 
     administrative costs) of such school food authority or new 
     school food authority; and
       (C) except as provided under subsection (a), that are not 
     reimbursed under a Federal grant.
       (3) Child care operational emergency costs.--The term 
     ``child care operational emergency costs'' means the costs 
     under the child and adult care food program under section 17 
     of the Richard B. Russell National School Lunch Act (42 
     U.S.C. 1766) incurred by a new covered institution, covered 
     institution, new sponsoring organization of a family or group 
     day care home, or sponsoring organization of a family or 
     group day care home--
       (A) during a public health emergency;
       (B) that are related to the ongoing operation, modified 
     operation, or temporary suspension of operation (including 
     administrative costs) of such new covered institution, 
     covered institution, new sponsoring organization of a family 
     or group day care home, sponsoring organization of a family 
     or group day care home, or sponsoring organization of an 
     unaffiliated center; and
       (C) except as provided under subsection (b), that are not 
     reimbursed under a Federal grant.
       (4) Covered institution.--The term ``covered institution'' 
     means--
       (A) an institution (as defined in section 17(a)(2) of the 
     Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(a)(2))); and
       (B) a family or group day care home.
       (5) New covered institution.--The term ``new covered 
     institution'' means a covered institution for which no 
     reimbursements were made for meals and supplements under 
     section 17(c) or (f) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1766) with respect to the 
     previous reimbursement period.
       (6) New school food authority.--The term ``new school food 
     authority'' means a school food authority for which no 
     reimbursements were made under the reimbursement sections 
     with respect to the previous reimbursement period.
       (7) New sponsoring organization of a family or group day 
     care.--The term ``new sponsoring organization of a family or 
     group day care'' means a sponsoring organization of a family 
     or group day care home for which no reimbursements for 
     administrative funds were made under section 17(f)(3)(B) of 
     the Richard B. Russell National School Lunch Act (42 U.S.C. 
     1766(f)(3)(B)) for the previous reimbursement period.
       (8) Previous reimbursement period.--The term ``previous 
     reimbursement period'' means the period beginning March 1, 
     2019 and ending June 30, 2019.
       (9) Public health emergency.--The term ``public health 
     emergency'' means a public health emergency declared pursuant 
     to section 319 of the Public Health Service Act (42 U.S.C. 
     247d) resulting from the COVID-19 pandemic or any renewal of 
     such declaration pursuant to such section 319.
       (10) Reimbursement month.--The term ``reimbursement month'' 
     means March 2020, April 2020, May 2020, and June 2020.
       (11) Reimbursement sections.--The term ``reimbursement 
     sections'' means--
       (A) section 4(b), section 11(a)(2), section 13, and section 
     17A(c) of the Richard B. Russell National School Lunch Act 
     (42 U.S.C. 1753(b); 42 U.S.C. 1759a(a)(2); 42 U.S.C. 1761; 42 
     U.S.C. 1766a(c)); and
       (B) section 4 of the Child Nutrition Act (42 U.S.C. 1773).
       (12) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (13) State.-- The term ``State'' has the meaning given such 
     term in section 12(d)(8) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1760(d)(8)).

     SEC. 723. TASK FORCE ON SUPPLEMENTAL FOODS DELIVERY IN THE 
                   SPECIAL SUPPLEMENTAL NUTRITION PROGRAM.

       (a) Establishment of Task Force.--Not later than 90 days 
     after the date of the enactment of this section, the 
     Secretary shall establish a task force on supplemental foods 
     delivery in the special supplemental nutrition program (in 
     this section referred to as the ``Task Force'').
       (b) Membership.--
       (1) Composition.--The Task Force shall be composed of at 
     least 1 member but not more than 3 members appointed by the 
     Secretary from each of the following:
       (A) Retailers of supplemental foods.
       (B) Representatives of State agencies.
       (C) Representatives of Indian State agencies.
       (D) Representatives of local agencies.
       (E) Technology companies with experience maintaining the 
     special supplemental nutrition program information systems 
     and technology, including management information systems or 
     electronic benefit transfer services.
       (F) Manufacturers of supplemental foods, including infant 
     formula.
       (G) Participants in the special supplemental nutrition 
     program from diverse locations.
       (H) Other organizations that have experience with and 
     knowledge of the special supplemental nutrition program.
       (2) Limitation on membership.--The Task Force shall be 
     composed of not more than 20 members.
       (c) Duties.--
       (1) Study.--The Task Force shall study measures to 
     streamline the redemption of supplemental foods benefits that 
     promote convenience, safety, and equitable access to 
     supplemental foods, including infant formula, for 
     participants in the special supplemental nutrition program, 
     including--
       (A) online and telephonic ordering and curbside pickup of, 
     and payment for, supplemental foods;
       (B) online and telephonic purchasing of supplemental foods;
       (C) home delivery of supplemental foods;
       (D) self checkout for purchases of supplemental foods; and

[[Page H7568]]

       (E) other measures that limit or eliminate consumer 
     presence in a physical store.
       (2) Report by task force.--Not later than September 30, 
     2021, the Task Force shall submit to the Secretary a report 
     that includes--
       (A) the results of the study required under paragraph (1); 
     and
       (B) recommendations with respect to such results.
       (3) Report by secretary.--Not later than 45 days after 
     receiving the report required under paragraph (2), the 
     Secretary shall--
       (A) submit to Congress a report that includes--
       (i) a plan with respect to carrying out the recommendations 
     received by the Secretary in such report under paragraph (2); 
     and
       (ii) an assessment of whether legislative changes are 
     necessary to carry out such plan; and
       (B) notify the Task Force of the submission of the report 
     required under subparagraph (A).
       (4) Publication.--The Secretary shall make publicly 
     available on the website of the Department of Agriculture--
       (A) the report received by the Secretary under paragraph 
     (2); and
       (B) the report submitted by the Secretary under paragraph 
     (3)(A).
       (d) Termination.--The Task Force shall terminate on the 
     date the Secretary submits the report required under 
     paragraph (3)(A).
       (e) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Task 
     Force.
       (f) Definitions.--In this section:
       (1) Local agency.--The term ``local agency'' has the 
     meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (3) Special supplemental nutrition program.--The term 
     ``special supplemental nutrition program'' means the special 
     supplemental nutrition program under section 17 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786).
       (4) State agency.--The term ``State agency'' has the 
     meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).
       (5) Supplemental foods.--The term ``supplemental foods'' 
     has the meaning given the term in section 17(b) of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1786(b)).

                        CHAPTER 4--OTHER MATTERS

     SEC. 731. AGING AND DISABILITY SERVICES PROGRAMS.

        For an additional amount for nutrition services under the 
     Older Americans Act of 1965, $175,000,000:  Provided, That of 
     the amount made available under this heading in this Act, 
     $168,000,000 shall be for subparts 1 and 2 of part C of title 
     III of such Act and $7,000,000 shall be for nutrition 
     services under title VI of such Act:  Provided further, That 
     State matching requirements under sections 304(d)(1)(D) and 
     309(b)(2) of such Act shall not apply to funds made available 
     under this heading.

     SEC. 732. NUTRITION SERVICES UNDER OLDER AMERICANS ACT.

       (a) Nutrition Services Transfer Criteria.--With respect to 
     funds appropriated under paragraph (1) or (2) of section 
     303(b) of the Older Americans Act of 1965 (42 U.S.C. 3023(b)) 
     received by a State for fiscal year 2021, the Secretary shall 
     allow a State agency or an area agency on aging, without 
     prior approval, to transfer not more than 100 percent of the 
     funds received, notwithstanding the limitation on transfer 
     authority provided in subparagraph (A) of section 308(b)(4) 
     of the Older Americans Act of 1965 (42 U.S.C. 3028(b)(4)) and 
     without regard to subparagraph (B) of such section, by the 
     State agency or area agency on aging, respectively, and 
     attributable to funds appropriated under paragraph (1) or (2) 
     of section 303(b) of such Act, between subpart 1 and subpart 
     2 of part C (42 U.S.C. 3030d-2 et seq.) for such use as the 
     State agency or area agency on aging, respectively, considers 
     appropriate to meet the needs of the State or area served.
       (b) Home-delivered Nutrition Services Waiver.--For purposes 
     of determining eligibility for the delivery of nutrition 
     services under section 337 of the Older Americans Act of 1965 
     (42 U.S.C. 3030g), with funds received by a State under the 
     Older Americans Act of 1965 (42 U.S.C. 2001 et seq.) for 
     fiscal 2021, the State shall treat an older individual who is 
     unable to obtain nutrition because the individual is 
     practicing social distancing due to the public health 
     emergency in the same manner as the State treats an older 
     individual who is homebound by reason of illness.
       (c) Dietary Guidelines Waiver.--To facilitate 
     implementation of subparts 1 and 2 of part C of title III of 
     the Older Americans Act of 1965 (42 U.S.C. 3030d-2 et seq.), 
     with funds received by a State for fiscal year 2021, the 
     Assistant Secretary for Aging may waive, but continue to make 
     every effort practicable to encourage the restoration of, the 
     applicable requirements for meals provided under such 
     subparts comply with the requirements of clauses (i) and (ii) 
     of section 339(2)(A) of such Act (42 U.S.C. 3030g-21(2)(A)).

                        Subtitle B--Agriculture

                    CHAPTER 1--AGRICULTURAL PROGRAMS

     SEC. 751. OFFICE OF THE SECRETARY.

       There is appropriated, out of any funds in the Treasury not 
     otherwise appropriated, for an additional amount for the 
     ``Office of the Secretary'', $11,187,500,000, to remain 
     available until expended, to prevent, prepare for, and 
     respond to coronavirus by providing support for agricultural 
     producers, growers, and processors impacted by coronavirus, 
     including producers and growers of specialty crops, non-
     specialty crops, dairy, livestock, and poultry, producers 
     that supply local food systems, including farmers markets, 
     restaurants, and schools, and growers who produce livestock 
     or poultry under a contract for another entity:  Provided, 
     That from the amounts provided in this section, the Secretary 
     of Agriculture shall make supplemental payments to producers 
     of price trigger crops for the 2020 crop year under section 
     9.202 of title 7, Code of Federal Regulations, on eligible 
     acres of the crop, in an amount equal to $20 per eligible 
     acre:  Provided further, That from the amounts provided in 
     this section, the Secretary of Agriculture shall make 
     supplemental payments to producers of flat-rate crops for the 
     2020 crop year under section 9.202 of title 7, Code of 
     Federal Regulations, on eligible acres of the crop, in an 
     amount equal to $20 per eligible acre:  Provided further, 
     That for the purposes of determining the amount of eligible 
     sales under section 9.202(i) of title 7, Code of Federal 
     Regulations, the Secretary of Agriculture shall also include 
     indemnities received under crop insurance under the Federal 
     Crop Insurance Act (7 U.S.C. 1501 et seq.) and payments made 
     or calculated under the noninsured crop disaster assistance 
     program established by section 196 of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 7333) and the 
     wildfire and hurricane indemnity plus program under subpart O 
     of part 760 of title 7, Code of Federal Regulations:  
     Provided further, That for the purposes of determining the 
     amount of eligible sales under section 9.202(i) of title 7, 
     Code of Federal Regulations, the Secretary of Agriculture may 
     allow producers to substitute 2018 sales for such commodities 
     for 2019 sales:  Provided further, That from the amounts 
     provided in this section, the Secretary of Agriculture shall 
     make payments to producers of livestock or poultry (not 
     including any packer (as defined in section 201 of the 
     Packers and Stockyards Act, 1921 (7 U.S.C. 191)) or live 
     poultry dealer (as defined in section 2(a) of that Act (7 
     U.S.C. 182(a)))) for losses of livestock or poultry 
     depopulated before the date of enactment of this Act due to 
     insufficient processing access, based on 80 percent of the 
     fair market value of any livestock or poultry so depopulated, 
     and for the cost of such depopulation (other than costs for 
     which the producer has been compensated under the 
     environmental quality incentives program under subchapter A 
     of chapter 4 of subtitle D of title XII of the Food Security 
     Act of 1985 (16 U.S.C. 3839aa et seq.)):  Provided further, 
     That in determining the cost of depopulation under the 
     preceding proviso, the Secretary of Agriculture may take into 
     consideration whether a producer has been compensated for the 
     costs of such depopulation by any State program:  Provided 
     further, That from the amounts provided in this section, the 
     Secretary of Agriculture shall make payments to producers of 
     cattle described in paragraphs (2), (3), and (4) of section 
     9.102(i) of title 7, Code of Federal Regulations, in an 
     amount equal to the product obtained by multiplying the 
     number of such cattle in inventory during the time period 
     specified in paragraph (c)(2) of that section by 50 percent 
     of the payment rate calculated by subtracting the applicable 
     CCC payment rate specified in paragraph (h) of that section 
     and the applicable payment rate specified in section 9.202(c) 
     of that title from the applicable CARES Act payment rate 
     specified in section 9.102(h) of that title:  Provided 
     further, That from the amounts provided in this section, the 
     Secretary of Agriculture shall make payments to producers of 
     cattle described in paragraphs (1) and (5) of section 
     9.102(i) of title 7, Code of Federal Regulations, in an 
     amount equal to the product obtained by multiplying the 
     number of such cattle in inventory during the time period 
     specified in paragraph (c)(2) of that section by 25 percent 
     of the payment rate calculated by subtracting the applicable 
     CCC payment rate specified in paragraph (h) of that section 
     and the applicable payment rate specified in section 9.202(c) 
     of that title (if applicable) from the applicable CARES Act 
     payment rate specified in section 9.102(h) of that title:  
     Provided further, That from the amounts provided in this 
     section, the Secretary of Agriculture shall use not more than 
     $1,000,000,000 to make payments to contract growers of 
     livestock and poultry to cover not more than 80 percent of 
     revenue losses, as determined by the Secretary of 
     Agriculture, for the period beginning on January 1, 2020, and 
     ending on the date of enactment of this Act:  Provided 
     further, That from the amounts provided in this section, the 
     Secretary of Agriculture shall use not less than $20,000,000 
     to improve and maintain animal disease prevention and 
     response capacity:  Provided further, That from the amounts 
     provided in this section, the Secretary of Agriculture shall 
     make payments to domestic users of upland cotton and extra-
     long staple cotton for the period beginning on March 1, 2020, 
     and ending on December 31, 2020, in an amount equal to the 
     product obtained by multiplying 10 by the product obtained by 
     multiplying 6 cents per pound by the average monthly 
     consumption of the domestic user for the period beginning on 
     January 1, 2017, and ending on December 31, 2019:  Provided 
     further, That notwithstanding paragraph (e) of section 9.7 of 
     title 7, Code of Federal Regulations (or any successor 
     regulation), and subject to the availability of funds, taking 
     into account the requirements of the other provisos in this 
     section, for purposes of providing assistance under subparts 
     B and C of part 9 of that title, the Secretary of Agriculture 
     shall make additional payments to ensure that such assistance 
     more closely aligns with the calculated gross payment or 
     revenue losses of any person or entity, except that such 
     assistance shall not exceed the calculated gross payment or 
     80 percent of the loss, as determined by the Secretary of 
     Agriculture, of any entity or persons, and that for the 
     purposes of determining income derived from farming, 
     ranching, and forestry under paragraph (d) of that section, 
     the Secretary of Agriculture shall broadly consider income 
     derived from agricultural sales (including

[[Page H7569]]

     gains), agricultural services, the sale of agricultural real 
     estate, and prior year net operating loss carryforward as 
     such income:  Provided further, That from the amounts 
     provided in this section, the Secretary of Agriculture may 
     provide support to processors for losses of crops due to 
     insufficient processing access:  Provided further, That the 
     Secretary of Agriculture may extend the term of a marketing 
     assistance loan authorized by section 1201 of the 
     Agricultural Act of 2014 (7 U.S.C. 9031), notwithstanding 
     section 1203(b) of that Act (7 U.S.C. 9033(b)), for any loan 
     commodity to 12 months:  Provided further, That the authority 
     provided by the previous proviso shall expire on September 
     30, 2021:  Provided further, That from the amounts provided 
     in this section, the Secretary of Agriculture shall use not 
     less than $1,500,000,000 to purchase food and agricultural 
     products, including seafood, to purchase and distribute 
     agricultural products (including fresh produce, dairy, and 
     meat products) to individuals in need, including through 
     delivery to nonprofit organizations that can receive, store, 
     and distribute food items, and for grants and loans to small 
     or midsized food processors or distributors, seafood 
     processing facilities and processing vessels, farmers 
     markets, producers, or other organizations to respond to 
     coronavirus, including for measures to protect workers 
     against the Coronavirus Disease 2019 (COVID-19):  Provided 
     further, That not later than 30 days after the date of 
     enactment of this Act and prior to issuing solicitations for 
     contracts under the previous proviso, the Secretary of 
     Agriculture shall conduct a preliminary review of actions 
     necessary to improve COVID-19-related food purchasing, 
     including reviewing coordination, specifications, quality, 
     and fairness of purchases, including the distribution of 
     purchased commodities, including the fairness of food 
     distribution, such as whether rural communities received 
     adequate support, the degree to which transportation costs 
     were sufficient to reach all areas, whether food safety was 
     adequate in the distribution of food, and the degree to which 
     local purchases of food were made:  Provided further, That 
     from the amounts provided in this section, the Secretary of 
     Agriculture may use not more than $200,000,000 to provide 
     relief to timber harvesting and timber hauling businesses 
     that have, as a result of the COVID-19 pandemic, experienced 
     a loss of not less than 10 percent in gross revenue during 
     the period beginning on January 1, 2020, and ending on 
     December 1, 2020, as compared to the gross revenue of that 
     timber harvesting or hauling business during the same period 
     in 2019:  Provided further, That in making direct support 
     payments in this section, the Secretary of Agriculture may 
     take into account price differentiation factors for each 
     commodity based on specialized varieties, local markets, and 
     farm practices, such as certified organic farms (as defined 
     in section 2103 of the Organic Foods Production Act of 1990 
     (7 U.S.C. 6502)):  Provided further, That using amounts 
     provided in this section, the Secretary of Agriculture may 
     make payments to producers of advanced biofuel, biomass-based 
     diesel, cellulosic biofuel, conventional biofuel, or 
     renewable fuel (as such terms are defined in section 
     211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))) 
     produced in the United States, for unexpected market losses 
     as a result of COVID-19:  Provided further, That the 
     Secretary of Agriculture may make recourse loans available to 
     dairy product processors, packagers, or merchandisers 
     impacted by COVID-19:  Provided further, That each reference 
     in this section to a section or other provision of the Code 
     of Federal Regulations shall be considered to be a reference 
     to that section or other provision as in effect on the date 
     of enactment of this Act.

     SEC. 752. SPECIALTY CROP BLOCK GRANTS.

       Due to the impacts of COVID-19 on specialty crops, there is 
     appropriated, out of any funds in the Treasury not otherwise 
     appropriated, for Specialty Crop Block Grants under section 
     101 of the Specialty Crops Competitiveness Act of 2004 (7 
     U.S.C. 1621 note; Public Law 108-465), $100,000,000, to 
     remain available until expended.

     SEC. 753. LOCAL AGRICULTURE MARKET PROGRAM.

       Due to the impacts that COVID-19 has had on many local 
     agriculture markets, there is appropriated, out of any funds 
     in the Treasury not otherwise appropriated, for the Local 
     Agriculture Market Program established under section 210A of 
     the Agricultural Marketing Act of 1946 (7 U.S.C. 1627c), 
     $100,000,000, to remain available until expended:  Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Agriculture may reduce the amount of matching 
     funds otherwise required under that section 210A to an amount 
     not greater than 10 percent of the total amount of the 
     Federal funds obligated under this section only during the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19 (or any renewal of that declaration):  
     Provided further, That such match may be an in-kind 
     contribution.

     SEC. 754. FARMING OPPORTUNITIES TRAINING AND OUTREACH 
                   PROGRAM.

       Due to the impacts of COVID-19 on certain producers, there 
     is appropriated, out of any funds in the Treasury not 
     otherwise appropriated, for the Farming Opportunities 
     Training and Outreach Program under section 2501 of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     2279), $75,000,000, to remain available until expended:  
     Provided, That notwithstanding any other provision of law, 
     the Secretary of Agriculture may reduce the amount of 
     matching funds otherwise required under that section 2501 to 
     an amount not greater than 10 percent of the total amount of 
     the Federal funds obligated under this section only during 
     the public health emergency declared by the Secretary of 
     Health and Human Services under section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19 (or any renewal of that declaration):  
     Provided further, That such match may be an in-kind 
     contribution:  Provided further, That the Secretary of 
     Agriculture may waive any maximum grant amount otherwise 
     applicable to grants provided using such amounts.

     SEC. 755. GUS SCHUMACHER NUTRITION INCENTIVE PROGRAM.

       There is appropriated, out of any funds in the Treasury not 
     otherwise appropriated, for the Gus Schumacher Nutrition 
     Incentive Program under section 4405 of the Food, 
     Conservation, and Energy Act of 2008 (7 U.S.C. 7517), 
     $75,000,000, to remain available until expended:  Provided, 
     That notwithstanding any other provision of law, the 
     Secretary of Agriculture may reduce the amount of matching 
     funds otherwise required under that section 4405 to an amount 
     not greater than 10 percent of the total amount of the 
     Federal funds obligated under this section only during the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19 (or any renewal of that declaration):  
     Provided further, That such match may be an in-kind 
     contribution:  Provided further, That the Secretary of 
     Agriculture may waive any maximum grant amount otherwise 
     applicable to grants provided under this section:  Provided 
     further, That the Secretary of Agriculture may use such 
     amounts to provide additional funding to ongoing grants 
     provided under such Program before the date of enactment of 
     this Act.

     SEC. 756. RESEARCH.

       There is appropriated, out of any funds in the Treasury not 
     otherwise appropriated, $20,000,000 for fiscal year 2021 and 
     each fiscal year thereafter for the Agricultural Research 
     Service to address gaps in nutrition research at the critical 
     intersections of responsive agriculture, quality food 
     production, and human nutrition and health.

        CHAPTER 2--SUPPORT FOR DAIRY, LIVESTOCK, AND FARM STRESS

     SEC. 760. DEFINITIONS.

       In this chapter:
       (1) The term ``COVID-19'' means the disease caused by SARS-
     CoV-2, or any viral strain mutating therefrom with pandemic 
     potential.
       (2) The term ``COVID-19 public health emergency'' means the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19 (or any renewal of that declaration).
       (3) The term ``Secretary'' means the Secretary of 
     Agriculture.

     SEC. 761. SUPPLEMENTAL DAIRY MARGIN COVERAGE PAYMENTS.

       (a) In General.--The Secretary shall provide supplemental 
     dairy margin coverage payments to participating eligible 
     dairy operations described in subsection (b)(1) whenever the 
     average actual dairy production margin (as defined in section 
     1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)) for a 
     month is less than the coverage level threshold selected by 
     such eligible dairy operation under section 1406 of that Act 
     (7 U.S.C. 9056).
       (b) Eligible Dairy Operation Described.--
       (1) In general.--An eligible dairy operation described in 
     this subsection is a dairy operation that--
       (A) is located in the United States; and
       (B) during a calendar year in which such dairy operation is 
     a participating dairy operation (as defined in section 1401 
     of the Agricultural Act of 2014 (7 U.S.C. 9051)), has a 
     production history established under the dairy margin 
     coverage program under section 1405 of the Agricultural Act 
     of 2014 (7 U.S.C. 9055) of less than 5,000,000 pounds, as 
     determined in accordance with subsection (c) of such section 
     1405.
       (2) Limitation on eligibility.--An eligible dairy operation 
     shall only be eligible for payments under this section during 
     a calendar year in which such eligible dairy operation is 
     enrolled in the dairy margin coverage (as defined in section 
     1401 of the Agricultural Act of 2014 (7 U.S.C. 9051)).
       (c) Supplemental Production History Calculation.--
       (1) In general.--For purposes of determining the 
     supplemental production history of an eligible dairy 
     operation under this section, such dairy operation's 
     supplemental production history shall be equal to 75 percent 
     of the amount described in paragraph (2) with respect to such 
     dairy operation.
       (2) Amount.--The amount referred to in paragraph (1) is, 
     with respect to an eligible dairy operation, the amount equal 
     to--
       (A) the production volume of such dairy operation for the 
     2019 milk marketing year; minus
       (B) the dairy margin coverage production history of such 
     dairy operation established under section 1405 of the 
     Agricultural Act of 2014 (7 U.S.C. 9055).
       (d) Coverage Percentage.--
       (1) In general.--For purposes of calculating payments to be 
     issued under this section during a calendar year, an eligible 
     dairy operation's coverage percentage shall be equal to the 
     coverage percentage selected by such eligible dairy operation 
     with respect to such calendar year under section 1406 of the 
     Agricultural Act of 2014 (7 U.S.C. 9056).
       (2) 5 million pound limitation.--
       (A) In general.--The Secretary shall not provide 
     supplemental dairy margin coverage on an eligible dairy 
     operation's actual production for a calendar year such that 
     the total covered production history of such dairy operation 
     exceeds 5,000,000 pounds.
       (B) Determination of amount.--In calculating the total 
     covered production history of an

[[Page H7570]]

     eligible dairy operation under subparagraph (A), the 
     Secretary shall multiply the coverage percentage selected by 
     such operation under section 1406 of the Agricultural Act of 
     2014 (7 U.S.C. 9056) by the sum of--
       (i) the supplemental production history calculated under 
     subsection (c) with respect to such dairy operation; and
       (ii) the dairy margin coverage production history described 
     in subsection (c)(2)(B) with respect to such dairy operation.
       (e) Premium Cost.--The premium cost for an eligible dairy 
     operation under this section for a calendar year shall be 
     equal to the product of multiplying--
       (1) the Tier I premium cost calculated with respect to such 
     dairy operation for such year under section 1407(b) of the 
     Agricultural Act of 2014 (7 U.S.C. 9057(b)); by
       (2) the supplemental production history with respect to 
     such dairy operation calculated under subsection (c) (such 
     that total covered production history does not exceed 
     5,000,000 pounds).
       (f) Regulations.--Not later than 45 days after the date of 
     the enactment of this section, the Secretary shall issue 
     regulations to carry out this section.
       (g) Prohibition With Respect to Dairy Margin Coverage 
     Enrollment.--
       (1) In general.--The Secretary may not reopen or otherwise 
     provide a special enrollment for dairy margin coverage (as 
     defined in section 1401 of the Agricultural Act of 2014 (7 
     U.S.C. 9051)) for purposes of establishing eligibility for 
     supplemental dairy margin coverage payments under this 
     section.
       (2) Clarification with respect to supplemental dairy margin 
     coverage payments.--The Secretary may open a special 
     enrollment for supplemental dairy margin coverage under this 
     section.
       (h) Application for Calendar Year 2021.--The Secretary 
     shall make payments under this section to eligible dairy 
     operations described in subsection (b)(1) for months after 
     and including January, 2021.
       (i) Sunset.--The authority to make payments under this 
     section shall terminate on December 31, 2023.
       (j) Funding.--There is appropriated, out of any funds in 
     the Treasury not otherwise appropriated, to carry out this 
     section such sums as necessary, to remain available until the 
     date specified in subsection (i).

     SEC. 762. DAIRY DONATION PROGRAM.

  

       (a) Definitions.--In this section:
       (1) Eligible dairy organization.--The term ``eligible dairy 
     organization'' has the meaning given the term in section 
     1431(a) of the Agricultural Act of 2014 (7 U.S.C. 9071(a)).
       (2) Eligible dairy product.--The term ``eligible dairy 
     product'' means a product primarily made from milk, including 
     fluid milk, that is produced and processed in the United 
     States.
       (3) Eligible distributor.--The term ``eligible 
     distributor'' means a public or private nonprofit 
     organization that distributes donated eligible dairy products 
     to recipient individuals and families.
       (4) Eligible partnership.--The term ``eligible 
     partnership'' means a partnership between an eligible dairy 
     organization and an eligible distributor.
       (b) Establishment and Purposes.--Not later than 60 days 
     after the date of enactment of this Act, the Secretary shall 
     establish and administer a dairy donation program for the 
     purposes of--
       (1) facilitating the timely donation of eligible dairy 
     products; and
       (2) preventing and minimizing food waste.
       (c) Donation and Distribution Plans.--
       (1) In general.--To be eligible to receive reimbursement 
     under subsection (d), an eligible partnership shall submit to 
     the Secretary a donation and distribution plan that describes 
     the process that the eligible partnership will use for the 
     donation, processing, transportation, temporary storage, and 
     distribution of eligible dairy products.
       (2) Review and approval.--
       (A) In general.--Not later than 15 business days after 
     receiving a plan described in paragraph (1), the Secretary 
     shall--
       (i) review that plan; and
       (ii) issue an approval or disapproval of that plan.
       (B) Emergency and disaster-related prioritization.--
       (i) In general.--In receiving and reviewing a donation and 
     distribution plan submitted under paragraph (1), the 
     Secretary shall determine whether an emergency or disaster 
     was a substantial factor in the submission, including--

       (I) a declared or renewed public health emergency under 
     section 319 of the Public Health Service Act (42 U.S.C. 
     247d); and
       (II) a disaster designated by the Secretary.

       (ii) Priority review.--On making an affirmative 
     determination under clause (i) with respect to a donation and 
     distribution plan submitted under paragraph (1), the 
     Secretary shall give priority to the approval or disapproval 
     of that plan.
       (d) Reimbursement.--
       (1) In general.--On receipt of appropriate documentation 
     under paragraph (3), the Secretary shall reimburse an 
     eligible dairy organization that is a member of an eligible 
     partnership for which the Secretary has approved a donation 
     and distribution plan under subsection (c)(2)(A)(ii) at a 
     rate equal to the product obtained by multiplying--
       (A) the current reimbursement price described in paragraph 
     (2); and
       (B) the volume of milk required to make the donated 
     eligible dairy product.
       (2) Reimbursement price.--The Secretary--
       (A) shall set the reimbursement price referred to in 
     paragraph (1)(A) at a value that shall--
       (i) be representative of the cost of the milk required to 
     make the donated eligible dairy product;
       (ii) be between the lowest and highest of the class I, II, 
     III, or IV milk prices on the date of the production of the 
     eligible dairy product;
       (iii) be sufficient to avoid food waste; and
       (iv) not interfere with the commercial marketing of milk or 
     dairy products;
       (B) may set appropriate reimbursement prices under 
     subparagraph (A) for different eligible dairy products by 
     class and region for the purpose of--
       (i) encouraging the donation of surplus eligible dairy 
     products;
       (ii) facilitating the orderly marketing of milk;
       (iii) reducing volatility relating to significant market 
     disruptions;
       (iv) maintaining traditional price relationships between 
     classes of milk; or
       (v) stabilizing on-farm milk prices.
       (3) Documentation.--
       (A) In general.--An eligible dairy organization shall 
     submit to the Secretary such documentation as the Secretary 
     may require to demonstrate--
       (i) the production of the eligible dairy product; and
       (ii) the donation of the eligible dairy product to an 
     eligible distributor.
       (B) Verification.--The Secretary may verify the accuracy of 
     documentation submitted under subparagraph (A).
       (4) Retroactive reimbursement.--In providing reimbursements 
     under paragraph (1), the Secretary may provide reimbursements 
     for eligible dairy product costs incurred before the date on 
     which the donation and distribution plan for the applicable 
     participating partnership was approved by the Secretary under 
     subsection (c)(2)(A)(ii).
       (5) Emergency and disaster-related prioritization.--In 
     providing reimbursements under paragraph (1), the Secretary 
     shall give priority to reimbursements to eligible dairy 
     organizations covered by a donation and distribution plan for 
     which the Secretary makes an affirmative determination under 
     subsection (c)(2)(B)(i).
       (e) Prohibition on Resale of Products.--
       (1) In general.--An eligible distributor that receives 
     eligible dairy products donated under this section may not 
     sell the eligible dairy products into commercial markets.
       (2) Prohibition on future participation.--An eligible 
     distributor that the Secretary determines has violated 
     paragraph (1) shall not be eligible for any future 
     participation in the program established under this section.
       (f) Reviews.--The Secretary shall conduct appropriate 
     reviews or audits to ensure the integrity of the program 
     established under this section.
       (g) Publication of Donation Activity.--The Secretary, 
     acting through the Administrator of the Agricultural 
     Marketing Service, shall publish on the publicly accessible 
     website of the Agricultural Marketing Service periodic 
     reports describing donation activity under this section.
       (h) Supplemental Reimbursements.--
       (1) In general.--The Secretary shall make a supplemental 
     reimbursement to an eligible dairy organization that received 
     a reimbursement under the milk donation program established 
     under section 1431 of the Agricultural Act of 2014 (7 U.S.C. 
     9071) during the period beginning on January 1, 2020, and 
     ending on the date on which amounts made available under 
     subsection (i) are no longer available.
       (2) Reimbursement calculation.--A supplemental 
     reimbursement described in paragraph (1) shall be an amount 
     equal to--
       (A) the reimbursement calculated under subsection (d); 
     minus
       (B) the reimbursement under the milk donation program 
     described in paragraph (1).
       (i) Funding.--Out of any amounts of the Treasury not 
     otherwise appropriated, there is appropriated to the 
     Secretary to carry out this section $400,000,000, to remain 
     available until expended.

     SEC. 763. ESTABLISHMENT OF TRUST FOR BENEFIT OF UNPAID CASH 
                   SELLERS OF LIVESTOCK.

       The Packers and Stockyards Act, 1921, is amended by 
     inserting after section 317 (7 U.S.C. 217a) the following new 
     section:

     ``SEC. 318. STATUTORY TRUST ESTABLISHED; DEALER.

       ``(a) Establishment.--
       ``(1) In general.--All livestock purchased by a dealer in 
     cash sales and all inventories of, or receivables or proceeds 
     from, such livestock shall be held by such dealer in trust 
     for the benefit of all unpaid cash sellers of such livestock 
     until full payment has been received by such unpaid cash 
     sellers.
       ``(2) Exemption.--Any dealer whose average annual purchases 
     of livestock do not exceed $100,000 shall be exempt from the 
     provisions of this section.
       ``(3) Effect of dishonored instruments.--For purposes of 
     determining full payment under paragraph (1), a payment to an 
     unpaid cash seller shall not be considered to have been made 
     if the unpaid cash seller receives a payment instrument that 
     is dishonored.
       ``(b) Preservation of Trust.--An unpaid cash seller shall 
     lose the benefit of a trust under subsection (a) if the 
     unpaid cash seller has not preserved the trust by giving 
     written notice to the dealer involved and filing such notice 
     with the Secretary--
       ``(1) within 30 days of the final date for making a payment 
     under section 409 in the event that a payment instrument has 
     not been received; or
       ``(2) within 15 business days after the date on which the 
     seller receives notice that the payment instrument promptly 
     presented for payment has been dishonored.
       ``(c) Notice to Lien Holders.--When a dealer receives 
     notice under subsection (b) of the unpaid cash seller's 
     intent to preserve the benefits

[[Page H7571]]

     of the trust, the dealer shall, within 15 business days, give 
     notice to all persons who have recorded a security interest 
     in, or lien on, the livestock held in such trust.
       ``(d) Cash Sales Defined.--For the purpose of this section, 
     a cash sale means a sale in which the seller does not 
     expressly extend credit to the buyer.
       ``(e) Purchase of Livestock Subject to Trust.--
       ``(1) In general.--A person purchasing livestock subject to 
     a dealer trust shall receive good title to the livestock if 
     the person receives the livestock--
       ``(A) in exchange for payment of new value; and
       ``(B) in good faith without notice that the transfer is a 
     breach of trust.
       ``(2) Dishonored payment instrument.--Payment shall not be 
     considered to have been made if a payment instrument given in 
     exchange for the livestock is dishonored.
       ``(3) Transfer in satisfaction of antecedent debt.--A 
     transfer of livestock subject to a dealer trust is not for 
     value if the transfer is in satisfaction of an antecedent 
     debt or to a secured party pursuant to a security agreement.
       ``(f) Enforcement.--Whenever the Secretary has reason to 
     believe that a dealer subject to this section has failed to 
     perform the duties required by this section or whenever the 
     Secretary has reason to believe that it will be in the best 
     interest of unpaid cash sellers, the Secretary shall do one 
     or more of the following--
       ``(1) appoint an independent trustee to carry out the 
     duties required by this section, preserve trust assets, and 
     enforce the trust;
       ``(2) serve as independent trustee, preserve trust assets, 
     and enforce the trust; or
       ``(3) file suit in the United States district court for the 
     district in which the dealer resides to enjoin the dealer's 
     failure to perform the duties required by this section, 
     preserve trust assets, and to enforce the trust. Attorneys 
     employed by the Secretary may, with the approval of the 
     Attorney General, represent the Secretary in any such suit. 
     Nothing herein shall preclude unpaid sellers from filing suit 
     to preserve or enforce the trust.''.
  


     SEC. 764. GRANTS FOR IMPROVEMENTS TO MEAT AND POULTRY 
                   FACILITIES TO ALLOW FOR INTERSTATE SHIPMENT.

       (a) In General.--The Secretary shall make grants to meat 
     and poultry slaughter and processing facilities described in 
     subsection (b) (including such facilities operating under 
     State inspection or such facilities that are exempt from 
     Federal inspection) to assist such facilities with respect to 
     costs incurred in making improvements to such facilities and 
     carrying out other planning activities necessary--
       (1) to obtain a Federal grant of inspection under the 
     Federal Meat Inspection Act (21 U.S.C. 601 et seq.) or the 
     Poultry Products Inspection Act (21 U.S.C. 451 et seq.), as 
     applicable; or
       (2) to operate as a State-inspected facility that is 
     compliant with--
       (A) the Federal Meat Inspection Act (21 U.S.C. 601 et seq.) 
     under the cooperative interstate shipment program established 
     under section 501 of that Act (21 U.S.C. 683); or
       (B) the Poultry Products Inspection Act (21 U.S.C. 451 et 
     seq.) under the cooperative interstate shipment program 
     established under section 31 of that Act (21 U.S.C. 472).
       (b) Eligible Facilities.--To be eligible for a grant under 
     this section, a meat or poultry slaughter or processing 
     facility shall be--
       (1) in operation as of the date on which the facility 
     submits to the Secretary an application for the grant; and
       (2) seeking--
       (A) to obtain a Federal grant of inspection described in 
     subsection (a)(1); or
       (B) to be eligible for inspection under a cooperative 
     interstate shipment program described in subparagraph (A) or 
     (B), as applicable, of subsection (a)(2), in a State that 
     participates in that program.
       (c) Eligible Activities.--A facility that receives a grant 
     under this section may use the grant amount for--
       (1) the modernization or expansion of existing facilities;
       (2) the modernization of equipment;
       (3) compliance with packaging and labeling requirements 
     under applicable law;
       (4) compliance with safety requirements under applicable 
     law;
       (5) the development of processes to ensure food safety; and
       (6) such other purposes as the Secretary determines to be 
     appropriate.
       (d) Grant Requirements.--
       (1) Amount.--The amount of a grant under this section shall 
     not exceed $200,000.
       (2) Condition.--As a condition of receiving a grant under 
     this section, a grant recipient shall agree that the grant 
     recipient shall make a payment (or payments) to the Secretary 
     in an amount equal to the amount of the grant if the 
     recipient, within 36 months of receiving such grant--
       (A) as applicable--
       (i) is not subject to inspection under the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.) or the Poultry 
     Products Inspection Act (21 U.S.C. 451 et seq.), as 
     applicable; or
       (ii) is not eligible for inspection under a cooperative 
     interstate shipment program described in subparagraph (A) or 
     (B), as applicable, of subsection (a)(2); or
       (B) is not making a good faith effort to be subject to such 
     inspection or to be eligible under such a cooperative 
     interstate shipment program, as applicable.
       (3) Matching funds.--
       (A) In general.--The Secretary shall require a recipient of 
     a grant under this section to provide matching non-Federal 
     funds in an amount equal to the amount of the grant.
       (B) Exception.--The Secretary shall not require any 
     recipient of a grant under this section to provide matching 
     funds with respect to a grant awarded in fiscal year 2021.
       (e) Reports.--
       (1) Reports on grants made.--Beginning not later than 1 
     year after the date on which the first grant is awarded under 
     this section, and continuing annually thereafter through the 
     year that is 10 years after the date on which the final grant 
     is awarded under this section, the Secretary shall submit to 
     the Committee on Agriculture and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Appropriations of the Senate a report on grants 
     made under this section, including--
       (A) any facilities that used a grant awarded under this 
     section to carry out eligible activities described in 
     subsection (c) during the year covered by the report; and
       (B) the operational status of facilities that were awarded 
     grants under this section.
       (2) Report on the cooperative interstate shipment 
     program.--Beginning not later than 1 year after the date of 
     the enactment of this section, the Secretary shall submit to 
     the Committee on Agriculture and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Agriculture, Nutrition, and Forestry and the 
     Committee on Appropriations of the Senate a report describing 
     any recommendations, developed in consultation with all 
     States, for possible improvements to the cooperative 
     interstate shipment programs under section 501 of the Federal 
     Meat Inspection Act (21 U.S.C. 683) and section 31 of the 
     Poultry Products Inspection Act (21 U.S.C. 472).
       (f) Funding.--Of the funds of the Treasury not otherwise 
     appropriated, there is appropriated to carry out this section 
     $60,000,000 for the period of fiscal years 2021 through 2023, 
     to remain available until expended.
  


     SEC. 765. MEAT AND POULTRY PROCESSING STUDY AND REPORT.

       (a) Study and Report on Financial Assistance 
     Availability.--
       (1) Study required.--The Secretary shall conduct a study on 
     the availability and effectiveness of--
       (A) Federal loan programs, Federal loan guarantee programs, 
     and grant programs for which--
       (i) facilities that slaughter or otherwise process meat and 
     poultry in the United States, which are in operation and 
     subject to inspection under the Federal Meat Inspection Act 
     (21 U.S.C. 601 et seq.) or the Poultry Products Inspection 
     Act (21 U.S.C. 451 et seq.), as of the date of the enactment 
     of this section, and
       (ii) entities seeking to establish such a facility in the 
     United States,
     may be eligible; and
       (B) Federal grant programs intended to support--
       (i) business activities relating to increasing the 
     slaughter or processing capacity in the United States; and
       (ii) feasibility or marketing studies on the practicality 
     and viability of specific new or expanded projects to support 
     additional slaughter or processing capacity in the United 
     States.
       (2) Report to congress.--Not later than 60 days after the 
     date of the enactment of this section, the Secretary, in 
     consultation with applicable Federal agencies, shall submit a 
     report to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate that includes the results of the 
     study required under paragraph (1).
       (3) Publication.--Not later than 90 days after the date of 
     the enactment of this section, the Secretary shall make 
     publicly available on the website of the Food Safety and 
     Inspection Service of the Department of Agriculture a list of 
     each loan program, loan guarantee program, and grant program 
     identified under paragraph (1).
       (b) Funding.--There is appropriated, out of the funds of 
     the Treasury not otherwise appropriated, $2,000,000 to carry 
     out this section.

     SEC. 766. SUPPORT FOR FARM STRESS PROGRAMS.

       (a) In General.--The Secretary shall make grants to State 
     departments of agriculture (or such equivalent department) to 
     expand or sustain stress assistance programs for individuals 
     who are engaged in farming, ranching, and other agriculture-
     related occupations, including--
       (1) programs that meet the criteria specified in section 
     7522(b)(1) of the Food, Conservation, and Energy Act of 2008 
     (7 U.S.C. 5936(b)(1)); and
       (2) any State initiatives carried out as of the date of the 
     enactment of this Act that provide stress assistance for such 
     individuals.
       (b) Grant Timing and Amount.--In making grants under 
     subsection (a), not later than 60 days after the date of the 
     enactment of this Act and subject to subsection (c), the 
     Secretary shall--
       (1) make awards to States submitting State plans that meet 
     the criteria specified in paragraph (1) of such subsection 
     within the time period specified by the Secretary; and
       (2) of the amounts made available under subsection (f), 
     allocate among such States, an amount to be determined by the 
     Secretary, which in no case may exceed $500,000 for each 
     State.
       (c) State Plan.--
       (1) In general.--A State department of agriculture seeking 
     a grant under subsection (a) shall submit to the Secretary a 
     State plan to expand or sustain stress assistance programs 
     described in that subsection that includes--
       (A) a description of each activity and the estimated amount 
     of funding to support each program and activity carried out 
     through such a program;

[[Page H7572]]

       (B) an estimated timeline for the operation of each such 
     program and activity;
       (C) the total amount of funding sought; and
       (D) an assurance that the State department of agriculture 
     will comply with the reporting requirement under subsection 
     (e).
       (2) Guidance.--Not later than 20 days after the date of the 
     enactment of this Act, the Secretary shall issue guidance for 
     States with respect to the submission of a State plan under 
     paragraph (1) and the allocation criteria under subsection 
     (b).
       (3) Reallocation.--If, after the first grants are awarded 
     pursuant to allocation under subsection (b), any funds made 
     available under subsection (f) to carry out this subsection 
     remain unobligated, the Secretary shall--
       (A) inform States that submit plans as described in 
     subsection (b), of such availability; and
       (B) reallocate such funds among such States, as the 
     Secretary determines to be appropriate and equitable.
       (d) Collaboration.--The Secretary may issue guidance to 
     encourage State departments of agriculture to use funds 
     provided under this section to support programs described in 
     subsection (a) that are operated by--
       (1) Indian tribes (as defined in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304));
       (2) State cooperative extension services; and
       (3) nongovernmental organizations.
       (e) Reporting.--Not later than 180 days after the COVID-19 
     public health emergency ends, each State receiving additional 
     grants under subsection (b) shall submit a report to the 
     Secretary describing--
       (1) the activities conducted using such funds;
       (2) the amount of funds used to support each such activity; 
     and
       (3) the estimated number of individuals served by each such 
     activity.
       (f) Funding.--Out of the funds of the Treasury not 
     otherwise appropriated, there is appropriated to carry out 
     this section $28,000,000, to remain available until expended.
       (g) State Defined.--In this section, the term ``State'' 
     means--
       (1) a State;
       (2) the District of Columbia;
       (3) the Commonwealth of Puerto Rico; and
       (4) any other territory or possession of the United States.
  


                TITLE VIII--UNITED STATES POSTAL SERVICE

     SEC. 801. COVID-19 FUNDING FOR THE UNITED STATES POSTAL 
                   SERVICE.

       Section 6001 of the CARES Act (39 U.S.C. 101 note; Public 
     Law 116-136) is amended--
       (1) in the section heading, by striking ``BORROWING 
     AUTHORITY'' and inserting ``FUNDING'';
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) No Repayment Required.--Notwithstanding any other 
     provision of law, including subsection (b) of this section, 
     or any agreement entered into between the Secretary of the 
     Treasury and the Postal Service under that subsection, the 
     Postal Service shall not be required to repay the amounts 
     borrowed under that subsection.''.
  


     SEC. 802. TEMPORARY ACCEPTANCE OF CERTAIN LOW-RISK POSTAL 
                   SHIPMENTS.

       Section 343(a)(3)(K)(vii) of the Trade Act of 2002 (19 
     U.S.C. 1415(a)(3)(K)(vii)) is amended--
       (1) in subclause (I), by striking ``subclause (II)'' and 
     inserting ``subclause (II) or (III)''; and
       (2) by adding at the end the following:
       ``(III) Notwithstanding subclause (I), during the period 
     beginning on January 1, 2021, through March 15, 2021, the 
     Postmaster General may accept a shipment without transmission 
     of the information described in paragraphs (1) and (2) if the 
     Commissioner determines, or concurs with the determination of 
     the Postmaster General, that the shipment presents a low risk 
     of violating any relevant United States statutes or 
     regulations, including statutes or regulations relating to 
     the importation of controlled substances such as fentanyl and 
     other synthetic opioids.''.
  


              TITLE IX--BROADBAND INTERNET ACCESS SERVICE

     SEC. 901. AMENDMENTS TO THE SECURE AND TRUSTED COMMUNICATIONS 
                   NETWORK REIMBURSEMENT PROGRAM.

       The Secure and Trusted Communications Networks Act of 2019 
     (47 U.S.C. 1601 et seq.) is amended--
       (1) in section 4 (47 U.S.C. 1603)--
       (A) in subsection (b)(1), by striking ``2,000,000'' and 
     inserting ``10,000,000'';
       (B) in subsection (c)--
       (i) in paragraph (1)(A)--

       (I) in the matter preceding clause (i), by striking 
     ``before'';
       (II) by amending clause (i) to read as follows:

  

       ``(i) as defined in the Report and Order of the Commission 
     in the matter of Protecting Against National Security Threats 
     to the Communications Supply Chain Through FCC Programs (FCC 
     19-121; WC Docket No. 18-89; adopted November 22, 2019) (in 
     this section referred to as the `Report and Order'); or''; 
     and

       (III) by amending clause (ii) to read as follows:

       ``(ii) as determined to be covered by both the process of 
     the Report and Order and the Designation Orders of the 
     Commission on June 30, 2020 (DA 20-690; PS Docket No. 19-351; 
     adopted June 30, 2020) (DA 20-691; PS Docket No. 19-352; 
     adopted June 30, 2020) (in this section collectively referred 
     to as the `Designation Orders');''; and
       (ii) in paragraph (2)(A), by amending clauses (i) and (ii) 
     to read as follows:
       ``(i) publication of the Report and Order; or
       ``(ii) in the case of covered communications equipment that 
     only became covered pursuant to the Designation Orders, June 
     30, 2020; or'';
       (C) in subsection (d)(5)--
       (i) in subparagraph (A), by striking ``The Commission'' and 
     inserting ``Subject to subparagraph (C), the Commission''; 
     and
       (ii) by adding at the end the following:
       ``(C) Priority for allocation.--On and after the date of 
     enactment of this subparagraph, the Commission shall allocate 
     sufficient reimbursement funds--
       ``(i) first, to approved applicants that have 2,000,000 or 
     fewer customers, for removal and replacement of covered 
     communications equipment, as defined in section 9 or as 
     designated by the process set forth in the Report and Order;
       ``(ii) after funds have been allocated to all applicants 
     described in clause (i), to approved applicants that are 
     accredited public or private non-commercial educational 
     institutions providing their own facilities-based educational 
     broadband service, as defined in section 27.4 of title 47, 
     Code of Federal Regulations, or any successor regulation, for 
     removal and replacement of covered communications equipment, 
     as defined in section 9 or as designated by the process set 
     forth in the Report and Order; and
       ``(iii) after funds have been allocated to all applicants 
     described in clause (ii), to any remaining approved 
     applicants determined to be eligible for reimbursement under 
     the Program.''; and
       (D) by adding at the end the following:
       ``(k) Limitation.--In carrying out this section, the 
     Commission may not expend more than $1,900,000,000.''; and
       (2) in section 9 (47 U.S.C. 1608), by amending paragraph 
     (10) to read as follows:
       ``(10) Provider of advanced communications service.--The 
     term `provider of advanced communications service'--
       ``(A) means a person who provides advanced communications 
     service to United States customers; and
       ``(B) includes--
       ``(i) accredited public or private noncommercial 
     educational institutions, providing their own facilities-
     based educational broadband service, as defined in section 
     27.4 of title 47, Code of Federal Regulations, or any 
     successor regulation; and
       ``(ii) health care providers and libraries providing 
     advanced communications service.''.
  


     SEC. 902. CONNECTING MINORITY COMMUNITIES.

       (a) Definitions.--In this section:
       (1) Anchor community.--
       (A) In general.--The term ``anchor community'' means any 
     area that--
       (i) except as provided in subparagraph (B), is not more 
     than 15 miles from a historically Black college or 
     university, a Tribal College or University, or a Minority-
     serving institution; and
       (ii) has an estimated median annual household income of not 
     more than 250 percent of the poverty line, as that term is 
     defined in section 673(2) of the Community Services Block 
     Grant Act (42 U.S.C. 9902(2)).
       (B) Certain tribal colleges or universities.--With respect 
     to a Tribal College or University that is located on land 
     held in trust by the United States, the Assistant Secretary, 
     in consultation with the Secretary of the Interior, may 
     establish a different maximum distance for the purposes of 
     subparagraph (A)(i) if the Assistant Secretary is able to 
     ensure that, in establishing that different maximum distance, 
     each anchor community that is established as a result of that 
     action is statistically comparable to other anchor 
     communities described in subparagraph (A).
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (3) Broadband internet access service.--The term 
     ``broadband internet access service'' has the meaning given 
     the term in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation.
       (4) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (5) Connected device.--The term ``connected device'' means 
     a laptop computer, tablet computer, or similar device that is 
     capable of connecting to broadband internet access service.
       (6) Director.--The term ``Director'' means the Director of 
     the Office.
       (7) Eligible equipment.--The term ``eligible equipment'' 
     means--
       (A) a Wi-Fi hotspot;
       (B) a modem;
       (C) a router;
       (D) a device that combines a modem and router;
       (E) a connected device; or
       (F) any other equipment used to provide access to broadband 
     internet access service.
       (8) Eligible recipient.--The term ``eligible recipient'' 
     means--
       (A) a historically Black college or university;
       (B) a Tribal College or University;
       (C) a Minority-serving institution; or
       (D) a consortium that is led by a historically Black 
     college or university, a Tribal College or University, or a 
     Minority-serving institution and that also includes--
       (i) a minority business enterprise; or
       (ii) an organization described in section 501(c)(3) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code.
       (9) Historically black college or university.--The term 
     ``historically Black college or university'' has the meaning 
     given the term ``part B institution'' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       (10) Minority-serving institution.--The term ``Minority-
     serving institution'' means any of the following:
       (A) An Alaska Native-serving institution, as that term is 
     defined in section 317(b) of the Higher Education Act of 1965 
     (20 U.S.C. 1059d(b)).

[[Page H7573]]

       (B) A Native Hawaiian-serving institution, as that term is 
     defined in section 317(b) of the Higher Education Act of 1965 
     (20 U.S.C. 1059d(b)).
       (C) A Hispanic-serving institution, as that term is defined 
     in section 502(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1101a(a)).
       (D) A Predominantly Black institution, as that term is 
     defined in section 371(c) of the Higher Education Act of 1965 
     (20 U.S.C. 1067q(c)).
       (E) An Asian American and Native American Pacific Islander-
     serving institution, as that term is defined in section 
     320(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059g(b)).
       (F) A Native American-serving, nontribal institution, as 
     that term is defined in section 319(b) of the Higher 
     Education Act of 1965 (20 U.S.C. 1059f(b)).
       (11) Minority business enterprise.--The term ``minority 
     business enterprise'' has the meaning given the term in 
     section 1400.2 of title 15, Code of Federal Regulations, or 
     any successor regulation.
       (12) Office.--The term ``Office'' means the Office of 
     Minority Broadband Initiatives established pursuant to 
     subsection (b)(1).
       (13) Pilot program.--The term ``Pilot Program'' means the 
     Connecting Minority Communities Pilot Program established 
     under the rules promulgated by the Assistant Secretary under 
     subsection (c)(1).
       (14) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).
       (15) Wi-fi.--The term ``Wi-Fi'' means a wireless networking 
     protocol based on Institute of Electrical and Electronics 
     Engineers standard 802.11, or any successor standard.
       (16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a 
     device that is capable of--
       (A) receiving broadband internet access service; and
       (B) sharing broadband internet access service with another 
     device through the use of Wi-Fi.
       (b) Office of Minority Broadband Initiatives.--
       (1) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Assistant Secretary shall 
     establish within the National Telecommunications and 
     Information Administration the Office of Minority Broadband 
     Initiatives.
       (2) Director.--The Office shall be headed by the Director 
     of the Office of Minority Broadband Initiatives, who shall be 
     appointed by the Assistant Secretary.
       (3) Duties.--The Office, acting through the Director, 
     shall--
       (A) collaborate with Federal agencies that carry out 
     broadband internet access service support programs to 
     determine how to expand access to broadband internet access 
     service and other digital opportunities in anchor 
     communities;
       (B) collaborate with State, local, and Tribal governments, 
     historically Black colleges or universities, Tribal Colleges 
     or Universities, Minority-serving institutions, and 
     stakeholders in the communications, education, business, and 
     technology fields to--
       (i) promote--

       (I) initiatives relating to broadband internet access 
     service connectivity for anchor communities; and
       (II) digital opportunities for anchor communities;

       (ii) develop recommendations to promote the rapid, expanded 
     deployment of broadband internet access service to unserved 
     historically Black colleges or universities, Tribal Colleges 
     or Universities, Minority-serving institutions, and anchor 
     communities, including to--

       (I) students, faculty, and staff of historically Black 
     colleges or universities, Tribal Colleges or Universities, 
     and Minority-serving institutions; and
       (II) senior citizens and veterans who live in anchor 
     communities;

       (iii) promote activities that would accelerate the adoption 
     of broadband internet access service (including any 
     associated equipment or personnel necessary to access and use 
     that service, such as modems, routers, devices that combine a 
     modem and a router, Wi-Fi hotspots, and connected devices)--

       (I) by students, faculty, and staff of historically Black 
     colleges or universities, Tribal Colleges or Universities, 
     and Minority-serving institutions; and
       (II) within anchor communities;

       (iv) upon request, provide assistance to historically Black 
     colleges or universities, Tribal Colleges or Universities, 
     Minority-serving institutions, and leaders from anchor 
     communities with respect to navigating Federal programs 
     dealing with broadband internet access service;
       (v) promote digital literacy skills, including by providing 
     opportunities for virtual or in-person digital literacy 
     training and education;
       (vi) promote professional development opportunity 
     partnerships between industry and historically Black colleges 
     or universities, Tribal Colleges or Universities, and 
     Minority-serving institutions to help ensure that information 
     technology personnel and students of historically Black 
     colleges or universities, Tribal Colleges or Universities, 
     and Minority-serving institutions have the skills needed to 
     work with new and emerging technologies with respect to 
     broadband internet access service; and
       (vii) explore how to leverage investment in infrastructure 
     with respect to broadband internet access service to--

       (I) expand connectivity with respect to that service in 
     anchor communities and by students, faculty, and staff of 
     historically Black colleges or universities, Tribal Colleges 
     or Universities, and Minority-serving institutions;
       (II) encourage investment in communities that have been 
     designated as qualified opportunity zones under section 
     1400Z-1 of the Internal Revenue Code of 1986; and
       (III) serve as a catalyst for adoption of that service, so 
     as to promote job growth and economic development and 
     deployment of advanced technologies; and

       (C) assume any functions carried out under the Minority 
     Broadband Initiative of the National Telecommunications and 
     Information Administration, as of the day before the date of 
     enactment of this Act.
       (4) Reports.--
       (A) In general.--Not later than 1 year after the date on 
     which the Assistant Secretary establishes the Office under 
     paragraph (1), and annually thereafter, the Assistant 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report that--
       (i) for the year covered by the report, details the work of 
     the Office in expanding access to fixed and mobile broadband 
     internet access service--

       (I) at historically Black colleges or universities, Tribal 
     Colleges or Universities, and Minority-serving institutions, 
     including by expanding that access to students, faculty, and 
     staff of historically Black colleges or universities, Tribal 
     Colleges or Universities, and Minority-serving institutions; 
     and
       (II) within anchor communities; and

       (ii) identifies barriers to providing access to broadband 
     internet access service--

       (I) at historically Black colleges or universities, Tribal 
     Colleges or Universities, and Minority-serving institutions, 
     including to students, faculty, and staff of historically 
     Black colleges or universities, Tribal Colleges or 
     Universities, and Minority-serving institutions; and
       (II) within anchor communities.

       (B) Public availability.--Not later than 30 days after the 
     date on which the Assistant Secretary submits a report under 
     subparagraph (A), the Assistant Secretary shall, to the 
     extent feasible, make that report publicly available.
       (c) Connecting Minority Communities Pilot Program.--
       (1) Rules required.--
       (A) In general.--Not later than 45 days after the date of 
     enactment of this Act, the Assistant Secretary shall 
     promulgate rules establishing the Connecting Minority 
     Communities Pilot Program, the purpose of which shall be to 
     provide grants to eligible recipients in anchor communities 
     for the purchase of broadband internet access service or any 
     eligible equipment, or to hire and train information 
     technology personnel--
       (i) in the case of an eligible recipient described in 
     subparagraph (A), (B), or (C) of subsection (a)(8), to 
     facilitate educational instruction and learning, including 
     through remote instruction;
       (ii) in the case of an eligible recipient described in 
     subsection (a)(8)(D)(i), to operate the minority business 
     enterprise; or
       (iii) in the case of an eligible recipient described in 
     subsection (a)(8)(D)(ii), to operate the organization.
       (B) Content.--The rules promulgated under subparagraph (A) 
     shall--
       (i) establish a method for identifying which eligible 
     recipients in anchor communities have the greatest unmet 
     financial needs;
       (ii) ensure that grants under the Pilot Program are made--

       (I) to eligible recipients identified under the method 
     established under clause (i); and
       (II) in a manner that best achieves the purposes of the 
     Pilot Program;

       (iii) require that an eligible recipient described in 
     subparagraph (A), (B), or (C) of subsection (a)(8) that 
     receives a grant to provide broadband internet access service 
     or eligible equipment to students prioritizes students who--

       (I) are eligible to receive a Federal Pell Grant under 
     section 401 of the Higher Education Act of 1965 (20 U.S.C. 
     1070a);
       (II) are recipients of any other need-based financial aid 
     from the Federal Government, a State, or that eligible 
     recipient;
       (III) are qualifying low-income consumers for the purposes 
     of the program carried out under subpart E of part 54 of 
     title 47, Code of Federal Regulations, or any successor 
     regulations;
       (IV) are low-income individuals, as that term is defined in 
     section 312(g) of the Higher Education Act of 1965 (20 U.S.C. 
     1058(g)); or
       (V) have been approved to receive unemployment insurance 
     benefits under any Federal or State law since March 1, 2020;

       (iv) provide that a recipient of a grant under the Pilot 
     Program--

       (I) shall use eligible equipment for a purpose that the 
     recipient considers to be appropriate, subject to any 
     restriction provided in those rules (or any successor rules);
       (II) if the recipient lends, or otherwise provides, 
     eligible equipment to students or patrons, shall prioritize 
     lending or providing to such individuals that the recipient 
     believes do not have access to that equipment, subject to any 
     restriction provided in those rules (or any successor rules); 
     and
       (III) may not sell or otherwise transfer eligible equipment 
     in exchange for any thing (including a service) of value;

       (v) include audit requirements that--

       (I) ensure that a recipient of a grant made under the Pilot 
     Program uses grant funds in compliance with the requirements 
     of this section and the overall purpose of the Pilot Program; 
     and
       (II) prevent waste, fraud, and abuse in the operation of 
     the Pilot Program;

       (vi) provide that not less than 40 percent of the amount of 
     the grants made under the Pilot Program are made to 
     Historically Black colleges or universities; and
       (vii) provide that not less than 20 percent of the amount 
     of the grants made under the Pilot Program are made to 
     eligible recipients described

[[Page H7574]]

     in subparagraphs (A), (B), and (C) of subsection (a)(8) to 
     provide broadband internet access service or eligible 
     equipment to students of those eligible recipients.
       (2) Fund.--
       (A) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Connecting 
     Minority Communities Fund.
       (B) Use of fund.--Amounts in the Connecting Minority 
     Communities Fund established under subparagraph (A) shall be 
     available to the Assistant Secretary to provide support under 
     the rules promulgated under paragraph (1).
       (3) Interagency coordination.--When making grants under the 
     Pilot Program, the Assistant Secretary shall coordinate with 
     other Federal agencies, including the Commission, the 
     National Science Foundation, and the Department of Education, 
     to ensure the efficient expenditure of Federal funds, 
     including by preventing multiple expenditures of Federal 
     funds for the same purpose.
       (4) Audits.--
       (A) In general.--For each of fiscal years 2021 and 2022, 
     the Inspector General of the Department of Commerce shall 
     conduct an audit of the Pilot Program according to the 
     requirements established under paragraph (1)(B)(v).
       (B) Report.--After completing each audit conducted under 
     subparagraph (A), the Inspector General of the Department of 
     Commerce shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report that 
     details the findings of the audit.
       (5) Direct appropriation.--There is appropriated, out of 
     amounts in the Treasury not otherwise appropriated, for the 
     fiscal year ending September 30, 2021, to remain available 
     until expended, $285,000,000 to the Connecting Minority 
     Communities Fund established under paragraph (2).
       (6) Termination.--Except with respect to the report 
     required under paragraph (7) and the authority of the 
     Secretary of Commerce and the Inspector General of the 
     Department of Commerce described in paragraph (8), the Pilot 
     Program, including all reporting requirements under this 
     section, shall terminate on the date on which the amounts 
     made available to carry out the Pilot Program are fully 
     expended.
       (7) Report.--Not later than 90 days after the date on which 
     the Pilot Program terminates under paragraph (6), the 
     Assistant Secretary, after consulting with eligible 
     recipients that received grants under the Pilot Program, 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report that--
       (A) describes the manner in which the Pilot Program was 
     carried out;
       (B) identifies each eligible recipient that received a 
     grant under the Pilot Program; and
       (C) contains information regarding the effectiveness of the 
     Pilot Program, including lessons learned in carrying out the 
     Pilot Program and recommendations for future action.
       (8) Savings provision.--The termination of the Pilot 
     Program under paragraph (6) shall not limit, alter, or affect 
     the ability of the Secretary of Commerce or the Inspector 
     General of the Department of Commerce to--
       (A) investigate waste, fraud, and abuse with respect to the 
     Pilot Program; or
       (B) recover funds that are misused under the Pilot Program.

     SEC. 903. FCC COVID-19 TELEHEALTH PROGRAM.

       (a) Definitions.--In this section--
       (1) the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate; and
       (B) the Committee on Energy and Commerce of the House of 
     Representatives;
       (2) the term ``Commission'' means the Federal 
     Communications Commission; and
       (3) the term ``COVID-19 Telehealth Program'' or ``Program'' 
     means the COVID-19 Telehealth Program established by the 
     Commission under the authority provided under the heading 
     ``salaries and expenses'' under the heading ``Federal 
     Communications Commission'' under the heading ``INDEPENDENT 
     AGENCIES'' in title V of division B of the CARES Act (Public 
     Law 116-136; 134 Stat. 531).
       (b) Additional Appropriation.--Out of amounts in the 
     Treasury not otherwise appropriated, there is appropriated 
     $249,950,000 in additional funds for the COVID-19 Telehealth 
     Program, of which $50,000 shall be transferred by the 
     Commission to the Inspector General of the Commission for 
     oversight of the COVID-19 Telehealth Program.
       (c) Administrative Provisions.--
       (1) Evaluation of applications.--
       (A) Public notice.--Not later than 10 days after the date 
     of enactment of this Act, the Commission shall issue a Public 
     Notice establishing a 10-day period during which the 
     Commission will seek comments on--
       (i) the metrics the Commission should use to evaluate 
     applications for funding under this section; and
       (ii) how the Commission should treat applications filed 
     during the funding rounds for awards from the COVID-19 
     Telehealth Program using amounts appropriated under the CARES 
     Act (Public Law 116-36; 134 Stat. 281).
       (B) Congressional notice.--After the end of the comment 
     period under subparagraph (A), and not later than 15 days 
     before the Commission first commits funds under this section, 
     the Commission shall provide notice to the appropriate 
     congressional committees of the metrics the Commission plans 
     to use to evaluate applications for those funds.
       (2) Equitable distribution.--To the extent feasible, the 
     Commission shall ensure, in providing assistance under the 
     COVID-19 Telehealth Program from amounts made available under 
     subsection (b), that not less than 1 applicant in each of the 
     50 States and the District of Columbia has received funding 
     from the Program since the inception of the Program, unless 
     there is no such applicant eligible for such assistance in a 
     State or in the District of Columbia, as the case may be.
       (3) Previous applicants.--The Commission shall allow an 
     applicant who filed an application during the funding rounds 
     for awards from the COVID-19 Telehealth Program using amounts 
     appropriated under the CARES Act (Public Law 116-36; 134 
     Stat. 281) the opportunity to update or amend that 
     application as necessary.
       (4) Information.--To the extent feasible, the Commission 
     shall provide each applicant for funding from the COVID-19 
     Telehealth Program, if requested, with--
       (A) information on the status of the application; and
       (B) a rationale for the final funding decision for the 
     application, after making that decision.
       (5) Denial.--If the Commission chooses to deny an 
     application for funding from the COVID-19 Telehealth Program, 
     the Commission shall--
       (A) issue notice to the applicant of the intent of the 
     Commission to deny the application and the grounds for that 
     decision;
       (B) provide the applicant with 10 days to submit any 
     supplementary information that the applicant determines 
     relevant; and
       (C) consider any supplementary information submitted under 
     subparagraph (B) in making any final decision with respect to 
     the application.
       (d) Report to Congress.--Not later than 90 days after the 
     date of enactment of this Act, and every 30 days thereafter 
     until all funds made available under this section have been 
     expended, the Commission shall submit to the appropriate 
     congressional committees a report on the distribution of 
     funds appropriated for the COVID-19 Telehealth Program under 
     the CARES Act (Public Law 116-36; 134 Stat. 281) or under 
     this section, which shall include--
       (1) non-identifiable and aggregated data on deficient and 
     rejected applications;
       (2) non-identifiable and aggregated data on applications 
     for which no award determination was made;
       (3) information on the total number of applicants;
       (4) information on the total dollar amount of requests for 
     awards made under this section; and
       (5) information on applicant outreach and technical 
     assistance.
       (e) Paperwork Reduction Act Requirements.--A collection of 
     information conducted or sponsored under any regulations 
     required to implement this section shall not constitute a 
     collection of information for the purposes of subchapter I of 
     chapter 35 of title 44, United States Code (commonly referred 
     to as the ``Paperwork Reduction Act'').

     SEC. 904. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY 
                   PERIOD RELATING TO COVID-19.

       (a) Definitions.--In this section:
       (1) Broadband internet access service.--The term 
     ``broadband internet access service'' has the meaning given 
     such term in section 8.1(b) of title 47, Code of Federal 
     Regulations, or any successor regulation.
       (2) Broadband provider.--The term ``broadband provider'' 
     means a provider of broadband internet access service.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Connected device.--The term ``connected device'' means 
     a laptop or desktop computer or a tablet.
       (5) Designated as an eligible telecommunications carrier.--
     The term ``designated as an eligible telecommunications 
     carrier'', with respect to a broadband provider, means the 
     broadband provider is designated as an eligible 
     telecommunications carrier under section 214(e) of the 
     Communications Act of 1934 (47 U.S.C. 214(e)).
       (6) Eligible household.--The term ``eligible household'' 
     means, regardless of whether the household or any member of 
     the household receives support under subpart E of part 54 of 
     title 47, Code of Federal Regulations (or any successor 
     regulation), and regardless of whether any member of the 
     household has any past or present arrearages with a broadband 
     provider, a household in which--
       (A) at least one member of the household meets the 
     qualifications in subsection (a) or (b) of section 54.409 of 
     title 47, Code of Federal Regulations (or any successor 
     regulation);
       (B) at least one member of the household has applied for 
     and been approved to receive benefits under the free and 
     reduced price lunch program under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.) or the 
     school breakfast program under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773);
       (C) at least one member of the household has experienced a 
     substantial loss of income since February 29, 2020, that is 
     documented by layoff or furlough notice, application for 
     unemployment insurance benefits, or similar documentation or 
     that is otherwise verifiable through the National Verifier or 
     National Lifeline Accountability Database;
       (D) at least one member of the household has received a 
     Federal Pell Grant under section 401 of the Higher Education 
     Act of 1965 (20 U.S.C. 1070a) in the current award year, if 
     such award is verifiable through the National Verifier or 
     National Lifeline Accountability Database or the 
     participating provider verifies eligibility under subsection 
     (a)(2)(B); or
       (E) at least one member of the household meets the 
     eligibility criteria for a participating

[[Page H7575]]

     provider's existing low-income or COVID-19 program, subject 
     to the requirements of subsection (a)(2)(B) and any other 
     eligibility requirements the Commission may consider 
     necessary for the public interest.
       (7) Emergency broadband benefit.--The term ``emergency 
     broadband benefit'' means a monthly discount for an eligible 
     household applied to the actual amount charged to such 
     household, which shall be no more than the standard rate for 
     an internet service offering and associated equipment, in an 
     amount equal to such amount charged, but not more than $50, 
     or, if an internet service offering is provided to an 
     eligible household on Tribal land, not more than $75.
       (8) Emergency period.--The term ``emergency period'' means 
     the period that--
       (A) begins on the date of the enactment of this Act; and
       (B) ends on the date that is 6 months after the date on 
     which the determination by the Secretary of Health and Human 
     Services pursuant to section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) that a public health emergency exists as 
     a result of COVID-19, including any renewal thereof, 
     terminates.
       (9) Internet service offering.--The term ``internet service 
     offering'' means, with respect to a broadband provider, 
     broadband internet access service provided by such provider 
     to a household, offered in the same manner, and on the same 
     terms, as described in any of such provider's offerings for 
     broadband internet access service to such household, as on 
     December 1, 2020.
       (10) National lifeline accountability database.--The term 
     ``National Lifeline Accountability Database'' has the meaning 
     given such term in section 54.400 of title 47, Code of 
     Federal Regulations (or any successor regulation).
       (11) National verifier.--The term ``National Verifier'' has 
     the meaning given such term in section 54.400 of title 47, 
     Code of Federal Regulations, or any successor regulation.
       (12) Participating provider.--The term ``participating 
     provider'' means a broadband provider that--
       (A)(i) is designated as an eligible telecommunications 
     carrier; or
       (ii) meets requirements established by the Commission for 
     participation in the Emergency Broadband Benefit Program and 
     is approved by the Commission under subsection (d)(2); and
       (B) elects to participate in the Emergency Broadband 
     Benefit Program.
       (13) Standard rate.--The term ``standard rate'' means the 
     monthly retail rate for the applicable tier of broadband 
     internet access service as of December 1, 2020, excluding any 
     taxes or other governmental fees.
       (b) Emergency Broadband Benefit Program.--
       (1) Establishment.--The Commission shall establish a 
     program, to be known as the ``Emergency Broadband Benefit 
     Program'', under which the Commission shall, in accordance 
     with this section, reimburse, using funds from the Emergency 
     Broadband Connectivity Fund established in subsection (i), a 
     participating provider for an emergency broadband benefit, or 
     an emergency broadband benefit and a connected device, 
     provided to an eligible household during the emergency 
     period.
       (2) Verification of eligibility.--To verify whether a 
     household is an eligible household, a participating provider 
     shall--
       (A) use the National Verifier or National Lifeline 
     Accountability Database;
       (B) rely upon an alternative verification process of the 
     participating provider, if--
       (i) the participating provider submits information as 
     required by the Commission regarding the alternative 
     verification process prior to seeking reimbursement; and
       (ii) not later than 7 days after receiving the information 
     required under clause (i), the Commission--

       (I) determines that the alternative verification process 
     will be sufficient to avoid waste, fraud, and abuse; and
       (II) notifies the participating provider of the 
     determination under subclause (I); or

       (C) rely on a school to verify the eligibility of a 
     household based on the participation of the household in the 
     free and reduced price lunch program or the school breakfast 
     program described in subsection (a)(6)(B).
       (3) Use of national verifier and national lifeline 
     accountability database.--The Commission shall--
       (A) expedite the ability of all participating providers to 
     access the National Verifier and National Lifeline 
     Accountability Database for purposes of determining whether a 
     household is an eligible household, without regard to whether 
     a participating provider is designated as an eligible 
     telecommunications carrier; and
       (B) ensure that the National Verifier and National Lifeline 
     Accountability Database approve an eligible household to 
     receive the emergency broadband benefit not later than 2 days 
     after the date of the submission of information necessary to 
     determine if such household is an eligible household.
       (4) Reimbursement.--From the Emergency Broadband 
     Connectivity Fund established in subsection (i), the 
     Commission shall reimburse a participating provider in an 
     amount equal to the emergency broadband benefit with respect 
     to an eligible household that receives such benefit from such 
     participating provider during the emergency period.
       (5) Reimbursement for connected device.--A participating 
     provider that, during the emergency period, in addition to 
     providing the emergency broadband benefit to an eligible 
     household, supplies such household with a connected device 
     may be reimbursed up to $100 from the Emergency Broadband 
     Connectivity Fund established in subsection (i) for such 
     connected device, if the charge to such eligible household is 
     more than $10 but less than $50 for such connected device, 
     except that a participating provider may receive 
     reimbursement for no more than 1 connected device per 
     eligible household.
       (6) Certification required.--To receive a reimbursement 
     under paragraph (4) or (5), a participating provider shall 
     certify to the Commission the following:
       (A) That the amount for which the participating provider is 
     seeking reimbursement from the Emergency Broadband 
     Connectivity Fund established in subsection (i) for providing 
     an internet service offering to an eligible household is not 
     more than the standard rate.
       (B) That each eligible household for which the 
     participating provider is seeking reimbursement for providing 
     an internet service offering discounted by the emergency 
     broadband benefit--
       (i) has not been and will not be charged--

       (I) for such offering, if the standard rate for such 
     offering is less than or equal to the amount of the emergency 
     broadband benefit for such household; or
       (II) more for such offering than the difference between the 
     standard rate for such offering and the amount of the 
     emergency broadband benefit for such household;

       (ii) will not be required to pay an early termination fee 
     if such eligible household elects to enter into a contract to 
     receive such internet service offering if such household 
     later terminates such contract;
       (iii) was not, after the date of the enactment of this Act, 
     subject to a mandatory waiting period for such internet 
     service offering based on having previously received 
     broadband internet access service from such participating 
     provider; and
       (iv) will otherwise be subject to the participating 
     provider's generally applicable terms and conditions as 
     applied to other customers.
       (C) That each eligible household for which the 
     participating provider is seeking reimbursement for supplying 
     such household with a connected device has not been and will 
     not be charged $10 or less or $50 or more for such device.
       (D) A description of the process used by the participating 
     provider to verify that a household is an eligible household, 
     if the provider elects an alternative verification process 
     under paragraph (2)(B), and that such verification process 
     was designed to avoid waste, fraud, and abuse.
       (7) Audit requirements.--The Commission shall adopt audit 
     requirements to ensure that participating providers are in 
     compliance with the requirements of this section and to 
     prevent waste, fraud, and abuse in the Emergency Broadband 
     Benefit Program. A finding of waste, fraud, or abuse or an 
     improper payment (as such term is defined in section 2(d) of 
     the Improper Payments Information Act of 2002 (31 U.S.C. 3321 
     note)) identified by the Commission or the Inspector General 
     of the Commission shall include the following:
       (A) The name of the participating provider.
       (B) The amount of funding made available from the Emergency 
     Broadband Connectivity Fund to the participating provider.
       (C) The amount of funding determined to be an improper 
     payment to a participating provider.
       (D) A description of to what extent funding made available 
     from the Emergency Broadband Connectivity Fund that was an 
     improper payment was used for a reimbursement for a connected 
     device or a reimbursement for an internet service offering.
       (E) Whether, in the case of a connected device, such 
     device, or the value thereof, has been recovered.
       (F) Whether any funding from the Emergency Broadband 
     Connectivity Fund was made available to a participating 
     provider for an emergency broadband benefit for a person 
     outside the eligible household.
       (G) Whether any funding from the Emergency Broadband 
     Connectivity Fund was made available to reimburse a 
     participating provider for an emergency broadband benefit 
     made available to an eligible household in which all members 
     of such household necessary to satisfy the eligibility 
     requirements described in subsection (a)(6) were deceased.
       (8) Random audit required.--Not later than 1 year after the 
     date of the enactment of this Act, the Inspector General of 
     the Commission shall conduct an audit of a representative 
     sample of participating providers receiving reimbursements 
     under the Emergency Broadband Benefit Program.
       (9) Notification of audit findings.--Not later than 7 days 
     after a finding made by the Commission under the requirements 
     of paragraph (7), the Commission shall notify the Committee 
     on Energy and Commerce of the House of Representatives and 
     the Committee on Commerce, Science, and Transportation of the 
     Senate with any information described in such paragraph that 
     the Commission has obtained.
       (10) Expiration of program.--At the conclusion of the 
     Emergency Broadband Benefit Program, any participating 
     eligible households shall be subject to a participating 
     provider's generally applicable terms and conditions.
       (c) Regulations Required.--
       (1) In general.--Not later than 60 days after the date of 
     the enactment of this Act, the Commission shall promulgate 
     regulations to implement this section.
       (2) Comment periods.--As part of the rulemaking under 
     paragraph (1), the Commission shall--
       (A) provide a 20-day public comment period that begins not 
     later than 5 days after the date of the enactment of this 
     Act;
       (B) provide a 20-day public reply comment period that 
     immediately follows the period under subparagraph (A); and
       (C) during the comment periods under subparagraphs (A) and 
     (B), seek comment on--

[[Page H7576]]

       (i) the provision of assistance from the Emergency 
     Broadband Connectivity Fund established in subsection (i) 
     consistent with this section; and
       (ii) other related matters.
       (d) Eligibility of Providers.--
       (1) Relation to eligible telecommunications carrier 
     designation.--The Commission may not require a broadband 
     provider to be designated as an eligible telecommunications 
     carrier in order to be a participating provider.
       (2) Expedited approval process.--
       (A) In general.--The Commission shall establish an 
     expedited process by which the Commission approves as 
     participating providers broadband providers that are not 
     designated as eligible telecommunications carriers and elect 
     to participate in the Emergency Broadband Benefit Program.
       (B) Exception.--Notwithstanding subparagraph (A), the 
     Commission shall automatically approve as a participating 
     provider a broadband provider that has an established program 
     as of April 1, 2020, that is widely available and offers 
     internet service offerings to eligible households and 
     maintains verification processes that are sufficient to avoid 
     fraud, waste, and abuse.
       (e) Rule of Construction.--Nothing in this section shall 
     affect the collection, distribution, or administration of the 
     Lifeline Assistance Program governed by the rules set forth 
     in subpart E of part 54 of title 47, Code of Federal 
     Regulations (or any successor regulation).
       (f) Part 54 Regulations.--Nothing in this section shall be 
     construed to prevent the Commission from providing that the 
     regulations in part 54 of title 47, Code of Federal 
     Regulations, or any successor regulation, shall apply in 
     whole or in part to the Emergency Broadband Benefit Program, 
     shall not apply in whole or in part to such Program, or shall 
     be modified in whole or in part for purposes of application 
     to such Program.
       (g) Enforcement.--A violation of this section or a 
     regulation promulgated under this section shall be treated as 
     a violation of the Communications Act of 1934 (47 U.S.C. 151 
     et seq.) or a regulation promulgated under such Act. The 
     Commission shall enforce this section and the regulations 
     promulgated under this section in the same manner, by the 
     same means, and with the same jurisdiction, powers, and 
     duties as though all applicable terms and provisions of the 
     Communications Act of 1934 were incorporated into and made a 
     part of this section.
       (h) Exemptions.--
       (1) Certain rulemaking requirements.--Section 553 of title 
     5, United States Code, shall not apply to a regulation 
     promulgated under subsection (c) or a rulemaking proceeding 
     to promulgate such a regulation.
       (2) Paperwork reduction act requirements.--A collection of 
     information conducted or sponsored under the regulations 
     required by subsection (c) shall not constitute a collection 
     of information for the purposes of subchapter I of chapter 35 
     of title 44, United States Code (commonly referred to as the 
     Paperwork Reduction Act).
       (i) Emergency Broadband Connectivity Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the Emergency 
     Broadband Connectivity Fund.
       (2) Appropriation.--There is appropriated to the Emergency 
     Broadband Connectivity Fund, out of any money in the Treasury 
     not otherwise appropriated, $3,200,000,000 for fiscal year 
     2021, to remain available until expended.
       (3) Use of funds.--Amounts in the Emergency Broadband 
     Connectivity Fund shall be available to the Commission for 
     reimbursements to participating providers under this section, 
     and the Commission may use not more than 2 percent of such 
     amounts to administer the Emergency Broadband Benefit 
     Program.
       (4) Relationship to universal service contributions.--
     Reimbursements provided under this section shall be provided 
     from amounts made available under this subsection and not 
     from contributions under section 254(d) of the Communications 
     Act of 1934 (47 U.S.C. 254(d)).
       (5) Use of universal service administrative company 
     permitted.--The Commission shall have the authority to avail 
     itself of the services of the Universal Service 
     Administrative Company to implement the Emergency Broadband 
     Benefit Program, including developing and processing 
     reimbursements and distributing funds to participating 
     providers.
       (j) Safe Harbor.--The Commission may not enforce a 
     violation of this section under section 501, 502, or 503 of 
     the Communications Act of 1934 (47 U.S.C. 501; 502; 503), or 
     any rules of the Commission promulgated under such sections 
     of such Act, if a participating provider demonstrates to the 
     Commission that such provider relied in good faith on 
     information provided to such provider to make the 
     verification required by subsection (b)(2).

     SEC. 905. GRANTS FOR BROADBAND CONNECTIVITY.

       (a) Definitions.--In this section:
       (1) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (2) Broadband or broadband service.--The term ``broadband'' 
     or ``broadband service'' has the meaning given the term 
     ``broadband internet access service'' in section 8.1(b) of 
     title 47, Code of Federal Regulations, or any successor 
     regulation.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Covered broadband project.--The term ``covered 
     broadband project'' means a competitively and technologically 
     neutral project for the deployment of fixed broadband service 
     that provides qualifying broadband service in an eligible 
     service area.
       (5) Covered partnership.--The term ``covered partnership'' 
     means a partnership between--
       (A) a State, or 1 or more political subdivisions of a 
     State; and
       (B) a provider of fixed broadband service.
       (6) Department.--The term ``Department'' means the 
     Department of Commerce.
       (7) Eligible service area.--The term ``eligible service 
     area'' means a census block in which broadband service is not 
     available at 1 or more households or businesses in the census 
     block, as determined by the Assistant Secretary on the basis 
     of--
       (A) the maps created under section 802(c)(1) of the 
     Communications Act of 1934 (47 U.S.C. 642(c)(1)); or
       (B) if the maps described in subparagraph (A) are not 
     available, the most recent information available to the 
     Assistant Secretary, including information provided by the 
     Commission.
       (8) Eligible entity.--The term ``eligible entity'' means--
       (A) a Tribal Government;
       (B) a Tribal College or University;
       (C) the Department of Hawaiian Home Lands on behalf of the 
     Native Hawaiian Community, including Native Hawaiian 
     Education Programs;
       (D) a Tribal organization; or
       (E) a Native Corporation.
       (9) Native corporation.--The term ``Native Corporation'' 
     has the meaning given the term in section 3 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602).
       (10) Native hawaiian.--The term ``Native Hawaiian'' has the 
     meaning given the term in section 801 of the Native American 
     Housing Assistance and Self-Determination Act of 1996 (25 
     U.S.C. 4221).
       (11) Qualifying broadband service.--The term ``qualifying 
     broadband service'' means broadband service with--
       (A) a download speed of not less than 25 megabits per 
     second;
       (B) an upload speed of not less than 3 megabits per second; 
     and
       (C) a latency sufficient to support real-time, interactive 
     applications.
       (12) Tribal government.--The term ``Tribal Government'' 
     means the governing body of any Indian or Alaska Native 
     Tribe, band, nation, pueblo, village, community, component 
     band, or component reservation, individually recognized 
     (including parenthetically) in the list published most 
     recently as of the date of enactment of this Act pursuant to 
     section 104 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 5131).
       (13) Tribal land.--The term ``Tribal land'' means--
       (A) any land located within the boundaries of--
       (i) an Indian reservation, pueblo, or rancheria; or
       (ii) a former reservation within Oklahoma;
       (B) any land not located within the boundaries of an Indian 
     reservation, pueblo, or rancheria, the title to which is 
     held--
       (i) in trust by the United States for the benefit of an 
     Indian Tribe or an individual Indian;
       (ii) by an Indian Tribe or an individual Indian, subject to 
     restriction against alienation under laws of the United 
     States; or
       (iii) by a dependent Indian community;
       (C) any land located within a region established pursuant 
     to section 7(a) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1606(a));
       (D) Hawaiian Home Lands, as defined in section 801 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4221); or
       (E) those areas or communities designated by the Assistant 
     Secretary of Indian Affairs of the Department of the Interior 
     that are near, adjacent, or contiguous to reservations where 
     financial assistance and social service programs are provided 
     to Indians because of their status as Indians.
       (14) Unserved.--The term ``unserved'', with respect to a 
     household, means--
       (A) the household lacks access to qualifying broadband 
     service; and
       (B) no broadband provider has been selected to receive, or 
     is otherwise receiving, Federal or State funding subject to 
     enforceable build out commitments to deploy qualifying 
     broadband service in the specific area where the household is 
     located by dates certain, even if such service is not yet 
     available, provided that the Federal or State agency 
     providing the funding has not deemed the service provider to 
     be in default of its buildout obligations under the 
     applicable Federal or State program.
       (b) Direct Appropriation.--There is appropriated to the 
     Assistant Secretary, out of amounts in the Treasury not 
     otherwise appropriated, for the fiscal year ending September 
     30, 2021, to remain available until expended--
       (1) $1,000,000,000 for grants under subsection (c); and
       (2) $300,000,000 for grants under subsection (d).
       (c) Tribal Broadband Connectivity Program.--
       (1) Tribal broadband connectivity grants.--The Assistant 
     Secretary shall use the funds made available under subsection 
     (b)(1) to implement a program to make grants to eligible 
     entities to expand access to and adoption of--
       (A) broadband service on Tribal land; or
       (B) remote learning, telework, or telehealth resources 
     during the COVID-19 pandemic.
       (2) Grants.--From the amounts appropriated under subsection 
     (b)(1), the Assistant Secretary shall award a grant to each 
     eligible entity that submits an application that the 
     Assistant Secretary approves after consultation with the 
     Commission to prevent duplication of funding.
       (3) Allocations.--
       (A) Equitable distribution.--The amounts appropriated under 
     subsection (b)(1) shall be made available to eligible 
     entities on an equitable basis, and not less than 3 percent 
     of those amounts shall be made available for the benefit of 
     Native Hawaiians.

[[Page H7577]]

       (B) Administrative expenses of assistant secretary.--The 
     Assistant Secretary may use not more than 2 percent of 
     amounts appropriated under subsection (b)(1) for 
     administrative purposes, including the provision of technical 
     assistance to Tribal Governments to help those Governments 
     take advantage of the program established under this 
     subsection.
       (4) Use of grant funds.--
       (A) Commitment deadline.--
       (i) In general.--Not later than 180 days after receiving 
     grant funds under this subsection, an eligible entity shall 
     commit the funds in accordance with the approved application 
     of the entity.
       (ii) Reversion of funds.--Any grant funds not committed by 
     an eligible entity by the deadline under clause (i) shall 
     revert to the general fund of the Treasury.
       (B) Expenditure deadline.--
       (i) In general.--Not later than 1 year after receiving 
     grant funds under this subsection, an eligible entity shall 
     expend the grant funds.
       (ii) Extensions for infrastructure projects.--The Assistant 
     Secretary may extend the period under clause (i) for an 
     eligible entity that proposes to use the grant funds for 
     construction of broadband infrastructure if the eligible 
     entity certifies that--

       (I) the eligible entity has a plan for use of the grant 
     funds;
       (II) the construction project is underway; or
       (III) extenuating circumstances require an extension of 
     time to allow the project to be completed.

       (iii) Reversion of funds.--Any grant funds not expended by 
     an eligible entity by the deadline under clause (i) shall be 
     made available to other eligible entities for the purposes 
     provided in this subsection.
       (5) Eligible uses.--An eligible entity may use grant funds 
     made available under this subsection for--
       (A) broadband infrastructure deployment, including support 
     for the establishment of carrier-neutral submarine cable 
     landing stations;
       (B) affordable broadband programs, including--
       (i) providing free or reduced-cost broadband service; and
       (ii) preventing disconnection of existing broadband 
     service;
       (C) distance learning;
       (D) telehealth;
       (E) digital inclusion efforts; and
       (F) broadband adoption activities.
       (6) Administrative expenses of eligible entities.--An 
     eligible entity may use not more than 2 percent of grant 
     funds received under this subsection for administrative 
     purposes.
       (7) Subgrantees.--
       (A) In general.--An eligible entity may enter into a 
     contract with a subgrantee, including a non-Tribal entity, as 
     part of its use of grant funds pursuant to this subsection.
       (B) Requirements.--An eligible entity that enters into a 
     contract with a subgrantee for use of grant funds received 
     under this subsection shall--
       (i) before entering into the contract, after a reasonable 
     investigation, make a determination that the subgrantee--

       (I) is capable of carrying out the project for which grant 
     funds will be provided in a competent manner in compliance 
     with all applicable laws;
       (II) has the financial capacity to meet the obligations of 
     the project and the requirements of this subsection; and
       (III) has the technical and operational capability to carry 
     out the project; and

       (ii) stipulate in the contract reasonable provisions for 
     recovery of funds for nonperformance.
       (8) Broadband infrastructure deployment.--In using grant 
     funds received under this subsection for new construction of 
     broadband infrastructure, an eligible entity shall prioritize 
     projects that deploy broadband infrastructure to unserved 
     households.
       (d) Broadband Infrastructure Program.--
       (1) Broadband infrastructure deployment grants.--The 
     Assistant Secretary shall use the funds made available under 
     subsection (b)(2) to implement a program under which the 
     Assistant Secretary makes grants on a competitive basis to 
     covered partnerships for covered broadband projects.
       (2) Mapping.--
       (A) Data from commission.--Not less frequently than 
     annually, the Commission shall, through the process 
     established under section 802(b)(7)) of the Communications 
     Act of 1934 (47 U.S.C. 642(b)(7)), provide the Assistant 
     Secretary any data collected by the Commission pursuant to 
     title VIII of that Act (47 U.S.C. 641 et seq.).
       (B) Use by assistant secretary.--The Assistant Secretary 
     shall rely on the data provided under subparagraph (A) in 
     carrying out this subsection to the greatest extent 
     practicable.
       (3) Eligibility requirements.--To be eligible for a grant 
     under this subsection, a covered partnership shall submit an 
     application at such time, in such manner, and containing such 
     information as the Assistant Secretary may require, which 
     application shall, at a minimum, include a description of--
       (A) the covered partnership;
       (B) the covered broadband project to be funded by the 
     grant, including--
       (i) the speed or speeds at which the covered partnership 
     plans to offer broadband service; and
       (ii) the cost of the project;
       (C) the area to be served by the covered broadband project 
     (in this paragraph referred to as the ``proposed service 
     area'');
       (D) any support provided to the provider of broadband 
     service that is part of the covered partnership through--
       (i) any grant, loan, or loan guarantee provided by a State 
     to the provider of broadband service for the deployment of 
     broadband service in the proposed service area;
       (ii) any grant, loan, or loan guarantee with respect to the 
     proposed service area provided by the Secretary of 
     Agriculture--

       (I) under title VI of the Rural Electrification Act of 1936 
     (7 U.S.C. 950bb et seq.), including--

       (aa) any program to provide grants, loans, or loan 
     guarantees under sections 601 through 603 of that Act (7 
     U.S.C. 950bb et seq.); and
       (bb) the Community Connect Grant Program established under 
     section 604 of that Act (7 U.S.C. 950bb-3); or

       (II) the broadband loan and grant pilot program known as 
     the ``Rural eConnectivity Pilot Program'' or the ``ReConnect 
     Program'' authorized under section 779 of division A of the 
     Consolidated Appropriations Act, 2018 (Public Law 115-141; 
     132 Stat. 348);

       (iii) any high-cost universal service support provided 
     under section 254 of the Communications Act of 1934 (47 
     U.S.C. 254);
       (iv) any grant provided under section 6001 of the American 
     Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305);
       (v) amounts made available for the Education Stabilization 
     Fund under the heading ``DEPARTMENT OF EDUCATION'' in title 
     VIII of division B of the CARES Act (Public Law 116-136; 134 
     Stat. 564); or
       (vi) any other grant, loan, or loan guarantee provided by 
     the Federal Government for the provision of broadband 
     service.
       (4) Priority.--In awarding grants under this subsection, 
     the Assistant Secretary shall give priority to applications 
     for covered broadband projects as follows, in decreasing 
     order of priority:
       (A) Covered broadband projects designed to provide 
     broadband service to the greatest number of households in an 
     eligible service area.
       (B) Covered broadband projects designed to provide 
     broadband service in an eligible service area that is wholly 
     within any area other than--
       (i) a county, city, or town that has a population of more 
     than 50,000 inhabitants; and
       (ii) the urbanized area contiguous and adjacent to a city 
     or town described in clause (i).
       (C) Covered broadband projects that are the most cost-
     effective, prioritizing such projects in areas that are the 
     most rural.
       (D) Covered broadband projects designed to provide 
     broadband service with a download speed of not less than 100 
     megabits per second and an upload speed of not less than 20 
     megabits per second.
       (E) Any other covered broadband project that meets the 
     requirements of this subsection.
       (5) Expenditure deadline.--
       (A) In general.--Not later than 1 year after receiving 
     grant funds under this subsection, a covered partnership 
     shall expend the grant funds.
       (B) Extensions.--The Assistant Secretary may extend the 
     period under subparagraph (A) for a covered partnership that 
     proposes to use the grant funds for construction of broadband 
     infrastructure if the covered partnership certifies that--
       (i) the covered partnership has a plan for use of the grant 
     funds;
       (ii) the construction project is underway; or
       (iii) extenuating circumstances require an extension of 
     time to allow the project to be completed.
       (C) Reversion of funds.--Any grant funds not expended by an 
     covered partnership by the deadline under subparagraph (A) 
     shall be made available to other covered partnerships for the 
     purposes provided in this subsection.
       (6) Grant conditions.--
       (A) Prohibitions.--As a condition of receiving a grant 
     under this subsection, the Assistant Secretary shall prohibit 
     a provider of broadband service that is part of a covered 
     partnership receiving the grant--
       (i) from using the grant amounts to repay, or make any 
     other payment relating to, a loan made by any public or 
     private lender;
       (ii) from using grant amounts as collateral for a loan made 
     by any public or private lender; and
       (iii) from using more than $50,000 of the grant amounts to 
     pay for the preparation of the grant.
       (B) Nondiscrimination.--The Assistant Secretary may not 
     require a provider of broadband service that is part of a 
     covered partnership to be designated as an eligible 
     telecommunications carrier pursuant to section 214(e) of the 
     Communications Act of 1934 (47 U.S.C. 214(e)) to be eligible 
     to receive a grant under this subsection or as a condition of 
     receiving a grant under this subsection.
       (e) Implementation.--
       (1) Requirements; outreach.--Not earlier than 30 days, and 
     not later than 60 days, after the date of enactment of this 
     Act, the Assistant Secretary shall--
       (A) issue a notice inviting eligible entities and covered 
     partnerships to submit applications for grants under this 
     section, which shall contain details about how awarding 
     decisions will be made; and
       (B) outline--
       (i) the requirements for applications for grants under this 
     section; and
       (ii) the allowed uses of grant funds awarded under this 
     section.
       (2) Applications.--
       (A) Submission.--During the 90-day period beginning on the 
     date on which the Assistant Secretary issues the notice under 
     paragraph (1), an eligible entity or covered partnership may 
     submit an application for a grant under this section.
       (B) Processing.--
       (i) In general.--Not later than 90 days after receiving an 
     application under subparagraph (A), the Assistant Secretary 
     shall approve or deny the application.
       (ii) Denial.--The Assistant Secretary may deny an 
     application submitted under subparagraph (A) only if--

[[Page H7578]]

       (I) the Assistant Secretary provides the applicant an 
     opportunity to cure any defects in the application; and
       (II) after receiving the opportunity under subclause (I), 
     the applicant still fails to meet the requirements of this 
     section.

       (C) Single application.--An eligible entity or covered 
     partnership may submit only 1 application under this 
     paragraph.
       (D) Proposed use of funds.--An application submitted by an 
     eligible entity or a covered partnership under this paragraph 
     shall describe each proposed use of grant funds.
       (E) Allocation of funds.--Not later than 14 days after 
     approving an application for a grant under this paragraph, 
     the Assistant Secretary shall allocate the grant funds to the 
     eligible entity or covered partnership.
       (F) Treatment of unallocated funds.--
       (i) In general.--If an eligible entity or covered 
     partnership does not submit an application by the deadline 
     under subparagraph (A), or the Assistant Secretary does not 
     approve an application submitted by an eligible entity or a 
     covered partnership under that subparagraph, the Assistant 
     Secretary shall make the amounts allocated for, as 
     applicable--

       (I) the eligible entity under subsection (c) available to 
     other eligible entities on an equitable basis; or
       (II) the covered partnership under subsection (d) to other 
     covered partnerships.

       (ii) Second process.--The Assistant Secretary shall 
     initiate a second notice and application process described in 
     this subsection to reallocate any funds made available to 
     other eligible entities or covered partnerships under clause 
     (i).
       (3) Transparency, accountability, and oversight required.--
     In implementing this section, the Assistant Secretary shall 
     adopt measures, including audit requirements, to--
       (A) ensure sufficient transparency, accountability, and 
     oversight to provide the public with information regarding 
     the award and use of grant funds under this section;
       (B) ensure that a recipient of a grant under this section 
     uses the grant funds in compliance with the requirements of 
     this section and the overall purpose of the applicable grant 
     program under this section; and
       (C) deter waste, fraud, and abuse of grant funds.
       (4) Prohibition on use for covered communications equipment 
     or services.--An eligible entity or covered partnership may 
     not use grant funds received under this section to purchase 
     or support any covered communications equipment or service 
     (as defined in section 9 of the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1608)).
       (5) Unauthorized use of funds.--To the extent that the 
     Assistant Secretary or the Inspector General of the 
     Department determines that an eligible entity or covered 
     partnership has expended grant funds received under this 
     section in violation of this section, the Assistant Secretary 
     shall recover the amount of funds that were so expended.
       (f) Reporting.--
       (1) Eligible entities and covered partnerships.--
       (A) Annual report.--Not later than 1 year after receiving 
     grant funds under this section, and annually thereafter until 
     the funds have been expended, an eligible entity or covered 
     partnership shall submit to the Assistant Secretary a report, 
     with respect to the 1-year period immediately preceding the 
     report date, that--
       (i) describes how the eligible entity or covered 
     partnership expended the funds;
       (ii) certifies that the eligible entity or covered 
     partnership complied with the requirements of this section 
     and with any additional reporting requirements prescribed by 
     the Assistant Secretary, including--

       (I) a description of each service provided with the grant 
     funds; and
       (II) the number of locations or geographic areas at which 
     broadband service was provided using the grant funds; and

       (iii) identifies each subgrantee that received a subgrant 
     from the eligible entity or covered partnership and a 
     description of the specific project for which grant funds 
     were provided.
       (B) Provision of information to fcc and usda.--The 
     Assistant Secretary shall provide the information collected 
     under subparagraph (A) to the Commission and the Department 
     of Agriculture to be used when determining whether to award 
     funds for the deployment of broadband under any program 
     administered by those agencies.
       (C) Transmission of reports to congress.--Not later than 5 
     days after receiving a report from an eligible entity under 
     subparagraph (A), the Assistant Secretary shall transmit the 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives.
       (2) Inspector general and gao.--Not later than 6 months 
     after the date on which the first grant is awarded under this 
     section, and every 6 months thereafter until all of the grant 
     funds awarded under this section are expended, the Inspector 
     General of the Department and the Comptroller General of the 
     United States shall each submit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report that reviews the grants awarded under this section 
     during the preceding 6-month period. Each such report shall 
     include recommendations to address waste, fraud, and abuse, 
     if any.
       (g) Impact on Other Federal Broadband Programs.--The use of 
     grant funds received under this section by an eligible 
     entity, covered partnership, or subgrantee shall not impact 
     the eligibility of, or otherwise disadvantage, the eligible 
     entity, covered partnership, or subgrantee with respect to 
     participation in any other Federal broadband program.

     SEC. 906. APPROPRIATIONS FOR FEDERAL COMMUNICATIONS 
                   COMMISSION ACTIVITIES.

       There is appropriated to the Federal Communications 
     Commission, out of amounts in the Treasury not otherwise 
     appropriated, for fiscal year 2021, to remain available until 
     expended--
       (1) $65,000,000 to carry out title VIII of the 
     Communications Act of 1934 (47 U.S.C. 641 et seq.); and
       (2) $1,900,000,000 to carry out the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.), 
     of which $1,895,000,000 shall be used to carry out the 
     program established under section 4 of that Act (47 U.S.C. 
     1603).

                         TITLE X--MISCELLANEOUS

     SEC. 1001. CORONAVIRUS RELIEF FUND EXTENSION.

       Section 601(d)(3) of the Social Security Act (42 U.S.C. 
     801(d)(3)) is amended by striking ``December 30, 2020'' and 
     inserting ``December 31, 2021''.

     SEC. 1002. CONTRACTOR PAY.

        Section 3610 of division A of the CARES Act (Public Law 
     116-136) shall be applied by substituting ``March 31, 2021'' 
     for ``September 30, 2020''.

     SEC. 1003. RESCISSIONS.

       (a) Exchange Stabilization Fund.--
       (1) Immediate rescission.--Of the unobligated balances made 
     available under section 4027 of the CARES Act (15 U.S.C. 
     9061), $429,000,000,000 shall be permanently rescinded on the 
     date of enactment of this Act.
       (2) Subsequent rescission of remaining funds.--
       (A) In general.--Except as provided in subparagraph (C), 
     any remaining unobligated balances made available under 
     section 4027 of the CARES Act (15 U.S.C. 9061) shall be 
     permanently rescinded on January 9, 2021.
       (B) Applicability.--Notwithstanding the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661 et seq.) or any other 
     provision of law, the rescission in subparagraph (A) shall 
     apply to--
       (i) the obligated but not disbursed credit subsidy cost of 
     all loans, loan guarantees, and other investments that the 
     Secretary of the Treasury has made or committed to make under 
     section 4003(b)(4) of the CARES Act (15 U.S.C. 9042(b)(4)); 
     and
       (ii) the obligated and disbursed credit subsidy cost of all 
     loans, loan guarantees, and other investments that--

       (I) the Secretary of the Treasury has made or committed to 
     make under section 4003(b)(4) of the CARES Act (15 U.S.C. 
     9042(b)(4)); and
       (II) are not needed to meet the commitments, as of January 
     9, 2021, of the programs and facilities established under 
     section 13(3) of the Federal Reserve Act (12 U.S.C. 343(3)) 
     in which the Secretary of the Treasury has made or committed 
     to make a loan, loan guarantee, or other investment using 
     funds appropriated under section 4027 of the CARES Act (15 
     U.S.C. 9061).

       (C) Exceptions.--
       (i) Administrative expenses.--The $100,000,000 made 
     available under section 4003(f) of the CARES Act (15 U.S.C. 
     9042(f)) to pay costs and administrative expenses--

       (I) shall not be rescinded under this paragraph; and
       (II) shall be used exclusively for the specific purposes 
     described in that section.

       (ii) Special inspector general for pandemic recovery.--The 
     $25,000,000 made available under section 4018(g) of the CARES 
     Act (15 U.S.C. 9053(g)) for the Special Inspector General for 
     Pandemic Recovery--

       (I) shall not be rescinded under this paragraph; and
       (II) shall be used exclusively for the specific purposes 
     described in that section.

       (iii) Congressional oversight commission.--Of the amounts 
     made available under section 4027 of the CARES Act (15 U.S.C. 
     9061) for the Congressional Oversight Commission established 
     under section 4020 of that Act (15 U.S.C. 9055), $5,000,000--

       (I) shall not be rescinded under this paragraph; and
       (II) shall be used exclusively for the expenses of the 
     Congressional Oversight Commission set forth in section 
     4020(g)(2) of that Act.

       (b) Loans, Loan Guarantees, and Other Investments.--
       (1) In general.--Effective on January 9, 2021, section 4003 
     of the CARES Act (15 U.S.C. 9042) is amended--
       (A) in subsection (a), by striking `` $500,000,000,000'' 
     and inserting `` $0''; and
       (B) in subsection (b)--
       (i) in paragraph (1), by striking ``25,000,000,000'' and 
     inserting ``0'';
       (ii) in paragraph (2), by striking `` $4,000,000,000'' and 
     inserting ``0'';
       (iii) in paragraph (3), by striking `` $17,000,000,000'' 
     and inserting ``0''; and
       (iv) in paragraph (4), in the matter preceding subparagraph 
     (A), by striking `` $454,000,000,000'' and inserting `` $0''.
       (2) Rule of construction.--The amendments made under 
     paragraph (1) shall not be construed to affect obligations 
     incurred by the Department of the Treasury before January 1, 
     2021.

     SEC. 1004. EMERGENCY RELIEF AND TAXPAYER PROTECTIONS.

       Section 4003(e) of the CARES Act (15 U.S.C. 9042(e)) is 
     amended, in the matter preceding paragraph (1), by striking 
     ``Amounts'' and inserting ``Notwithstanding any other 
     provision of law, amounts''.

     SEC. 1005. TERMINATION OF AUTHORITY.

       Section 4029 of the CARES Act (15 U.S.C. 9063) is amended--
       (1) in subsection (a), by striking ``new'';
       (2) in subsection (b)(1), in the matter preceding 
     subparagraph (A), by striking ``, loan guarantee, or other 
     investment'' and inserting

[[Page H7579]]

     ``or loan guarantee made under paragraph (1), (2), or (3) of 
     section 4003(b)''; and
       (3) by adding at the end the following:
       ``(c) Federal Reserve Programs or Facilities.--
       ``(1) In general.--After December 31, 2020, the Board of 
     Governors of the Federal Reserve System and the Federal 
     Reserve banks shall not make any loan, purchase any 
     obligation, asset, security, or other interest, or make any 
     extension of credit through any program or facility 
     established under section 13(3) of the Federal Reserve Act 
     (12 U.S.C. 343(3)) in which the Secretary made a loan, loan 
     guarantee, or other investment pursuant to section 
     4003(b)(4), other than a loan submitted, on or before 
     December 14, 2020, to the Main Street Lending Program's 
     lender portal for the sale of a participation interest in 
     such loan, provided that the Main Street Lending Program 
     purchases a participation interest in such loan on or before 
     January 8, 2021 and under the terms and conditions of the 
     Main Street Lending Program as in effect on the date the loan 
     was submitted to the Main Street Lending Program's lender 
     portal for the sale of a participation interest in such loan.
       ``(2) No modification.--After December 31, 2020, the Board 
     of Governors of the Federal Reserve System and the Federal 
     Reserve banks--
       ``(A) shall not modify the terms and conditions of any 
     program or facility established under section 13(3) of the 
     Federal Reserve Act (12 U.S.C. 343(3)) in which the Secretary 
     made a loan, loan guarantee, or other investment pursuant to 
     section 4003(b)(4), including by authorizing transfer of such 
     funds to a new program or facility established under section 
     13(3) of the Federal Reserve Act (12 U.S.C. 343(3)); and
       ``(B) may modify or restructure a loan, obligation, asset, 
     security, other interest, or extension of credit made or 
     purchased through any such program or facility provided 
     that--
       ``(i) the loan, obligation, asset, security, other 
     interest, or extension of credit is an eligible asset or for 
     an eligible business, including an eligible nonprofit 
     organization, each as defined by such program or facility; 
     and
       ``(ii) the modification or restructuring relates to an 
     eligible asset or single and specific eligible business, 
     including an eligible nonprofit organization, each as defined 
     by such program or facility; and
       ``(iii) the modification or restructuring is necessary to 
     minimize costs to taxpayers that could arise from a default 
     on the loan, obligation, asset, security, other interest, or 
     extension of credit.
       ``(3) Use of funds.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the Secretary is permitted to use the fund established under 
     section 5302 of title 31, United States Code, for any purpose 
     permitted under that section.
       ``(B) Exception.--The fund established under section 5302 
     of title 31, United States Code, shall not be available for 
     any program or facility established under section 13(3) of 
     the Federal Reserve Act (12 U.S.C. 343(3)) that is the same 
     as any such program or facility in which the Secretary made 
     an investment pursuant to section 4003(b)(4), except the Term 
     Asset-Backed Securities Loan Facility.''.

     SEC. 1006. RULE OF CONSTRUCTION.

       Except as expressly set forth in paragraphs (1) and (2) of 
     subsection (c) of section 4029 of the CARES Act, as added by 
     this Act, nothing in this Act shall be construed to modify or 
     limit the authority of the Board of Governors of the Federal 
     Reserve System under section 13(3) of the Federal Reserve Act 
     (12 U.S.C. 343(3)) as of the day before the date of enactment 
     of the CARES Act (Public Law 116-136).

            DIVISION O--EXTENSIONS AND TECHNICAL CORRECTIONS

                                TITLE I

                         IMMIGRATION EXTENSIONS

       Sec. 101.  Section 401(b) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
     note) shall be applied by substituting ``September 30, 2021'' 
     for ``September 30, 2015''.
       Sec. 102.  Subclauses (II) and (III) of section 
     101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(27)(C)(ii)) shall be applied by substituting 
     ``September 30, 2021'' for ``September 30, 2015''.
       Sec. 103.  Section 220(c) of the Immigration and 
     Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 
     note) shall be applied by substituting ``September 30, 2021'' 
     for ``September 30, 2015''.
       Sec. 104.  Section 610(b) of the Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be 
     applied by substituting ``June 30, 2021'' for ``September 30, 
     2015''.
       Sec. 105.  Notwithstanding the numerical limitation set 
     forth in section 214(g)(1)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(1)(B)), the Secretary of 
     Homeland Security, after consultation with the Secretary of 
     Labor, and upon the determination that the needs of American 
     businesses cannot be satisfied in fiscal year 2021 with 
     United States workers who are willing, qualified, and able to 
     perform temporary nonagricultural labor, may increase the 
     total number of aliens who may receive a visa under section 
     101(a)(15)(H)(ii)(b) of such Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(b)) in such fiscal year above such 
     limitation by not more than the highest number of H-2B 
     nonimmigrants who participated in the H-2B returning worker 
     program in any fiscal year in which returning workers were 
     exempt from such numerical limitation.

         TITLE II--COMMISSION ON BLACK MEN AND BOYS CORRECTIONS

     SEC. 201. TECHNICAL CORRECTIONS TO THE COMMISSION ON THE 
                   SOCIAL STATUS OF BLACK MEN AND BOYS ACT.

       Section 2(b)(3) of the Commission on the Social Status of 
     Black Men and Boys Act (Public Law 116-156) is amended by 
     striking ``House of Representatives majority leader'' and 
     inserting ``Speaker of the House of Representatives''.

   TITLE III--U.S. CUSTOMS AND BORDER PROTECTION AUTHORITY TO ACCEPT 
                          DONATIONS EXTENSION

     SEC. 301. EXTENSION OF U.S. CUSTOMS AND BORDER PROTECTION 
                   AUTHORITY TO ACCEPT DONATIONS.

       Section 482(b)(4)(A) of the Homeland Security Act of 2002 
     (6 U.S.C. 301a(b)(4)(A)) is amended by striking ``4 years 
     after December 16, 2016'' and inserting ``December 16, 
     2021''.

           TITLE IV--LIVESTOCK MANDATORY REPORTING EXTENSION

     SEC. 401. MANDATORY LIVESTOCK REPORTING.

       Section 260 of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1636i) and section 942 of the Livestock Mandatory 
     Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106-78) 
     shall be applied by substituting ``September 30, 2021'' for 
     ``September 30, 2020''.

   TITLE V--SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM EXTENSION

     SEC. 501. SOIL HEALTH AND INCOME PROTECTION PILOT PROGRAM 
                   MODIFICATION.

       Section 1231C(b)(2)(B) of the Food Security Act of 1985 (16 
     U.S.C. 3831c(b)(2)(B)) shall be applied by substituting 
     ``September 30, 2021'' for ``December 31, 2020''.

  TITLE VI--UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION ACT 
                         TECHNICAL CORRECTIONS

     SEC. 601. TECHNICAL CORRECTIONS TO THE UNITED STATES-MEXICO-
                   CANADA AGREEMENT IMPLEMENTATION ACT.

       (a) Environment Cooperation Commissions; North American 
     Development Bank.--
       (1) In general.--Section 601 of the United States-Mexico-
     Canada Agreement Implementation Act (Public Law 116-113; 134 
     Stat. 78) shall not apply to the provisions specified in 
     paragraph (2) and such provisions shall be restored and 
     revived as if such section had not been enacted.
       (2) Provisions specified.--The provisions specified in this 
     paragraph are the following:
       (A) Sections 532 and 533 of the North American Free Trade 
     Agreement Implementation Act.
       (B) Part 2 of subtitle D of title V of such Act (as amended 
     by section 831 of the United States-Mexico-Canada Agreement 
     Implementation Act).
       (3) North american development bank: limitation on callable 
     capital subscriptions.--The Secretary of the Treasury may 
     subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of capital stock 
     of the North American Development Bank in an amount not to 
     exceed $1,020,000,000. The authority in the preceding 
     sentence shall be in addition to any other authority provided 
     by previous Acts.
       (b) Rules of Origin.--Section 202 of the United States-
     Mexico-Canada Agreement Implementation Act (19 U.S.C. 4531) 
     is amended--
       (1) in subsection (c), by adding at the end the following:
       ``(3) Special rule for foreign-trade zones.--Paragraph 
     (1)(B) shall not apply to a good produced in a foreign-trade 
     zone or subzone established pursuant to the Act of June 18, 
     1934 (commonly known as the `Foreign Trade Zones Act') (19 
     U.S.C. 81a et seq.) that is entered for consumption in the 
     customs territory of the United States.''; and
       (2) in subsection (f)(2)(E), by striking ``heading 1507, 
     1508,'' and inserting ``any of headings 1501 through 1508''.
       (c) Drawbacks.--
       (1) In general.--Section 208 of the United States-Mexico-
     Canada Agreement Implementation Act (19 U.S.C. 4534) is 
     amended by adding at the end the following:
       ``(e) Action on Claim.--
       ``(1) In general.--If the Commissioner of U.S. Customs and 
     Border Protection determines that a claim of preferential 
     tariff treatment has been made with respect to an article for 
     which a claim described in paragraph (2) has been made, the 
     Commissioner may make such adjustments regarding the previous 
     customs treatment of the article as may be warranted.
       ``(2) Claims described.--A claim described in this 
     paragraph is a claim for--
       ``(A) a refund, waiver, or reduction of duty, under any 
     applicable provision of law; or
       ``(B) a credit against a bond under section 312(d)(1) of 
     the Tariff Act of 1930 (19 U.S.C. 1312(d)(1)).''.
       (2) Conforming amendments.--
       (A) Tariff act of 1930.--The Tariff Act of 1930 is 
     amended--
       (i) in section 311 (19 U.S.C. 1311), in the 11th 
     undesignated paragraph, by striking ``(subject to section 
     508(b)(2)(B))'' and inserting ``(subject to section 208(e) of 
     that Act)'';
       (ii) in section 312 (19 U.S.C. 1312), by striking 
     ``(subject to section 508(b)(2)(B))'' each place it appears 
     and inserting ``(subject to section 208(e) of that Act)'';
       (iii) in section 313(n)(1)(C) (19 U.S.C. 1313(n)(1)(C)), by 
     striking ``section 508(b)(2)(B)'' and inserting ``section 
     208(e) of that Act''; and
       (iv) in section 562(2)(B) (19 U.S.C. 1562(2)(B)), in the 
     matter preceding clause (i), by striking ``(subject to 
     section 508(b)(2)(B))'' and inserting ``(subject to section 
     208(e) of that Act)''.
       (B) Foreign trade zones act.--Section 3(a) of the Act of 
     June 18, 1934 (commonly known as the ``Foreign Trade Zones 
     Act'') (19 U.S.C. 81c(a)) is amended in the seventh proviso 
     by striking ``(subject to section 508(b)(2)(B) of the Tariff 
     Act of 1930)'' and inserting ``(subject to section 208(e) of 
     that Act)''.
       (d) Retention of Records.--
       (1) In general.--Section 508 of the Tariff Act of 1930 (19 
     U.S.C. 1508) is amended by inserting after subsection (b) the 
     following:

[[Page H7580]]

       ``(c) Period of Time.--The records required by subsection 
     (a) shall be kept for such periods of time as the Secretary 
     shall prescribe, except that--
       ``(1) no period of time for the retention of the records 
     required under subsection (a) may exceed 5 years from the 
     date of entry, filing of a reconciliation, or exportation, as 
     appropriate; and
       ``(2) records for any drawback claim shall be kept until 
     the 3rd anniversary of the date of liquidation of the 
     claim.''.
       (2) Conforming amendment.--Section 313(r)(3)(B) of the 
     Tariff Act of 1930 (19 U.S.C. 1313(r)(3)(B)) is amended by 
     striking ``section 508(c)(3)'' and inserting ``section 
     508(c)(2)''.
       (e) Reliquidation of Entries.--Section 520(d) of the Tariff 
     Act of 1930 (19 U.S.C. 1520(d)) is amended by striking 
     ``(except with respect to any merchandise processing fees)''.
       (f) Protective Orders.--Section 777(f) of the Tariff Act of 
     1930 (19 U.S.C. 1677f(f)) is amended--
       (1) in the subsection heading, by striking ``the the'' and 
     inserting ``the''; and
       (2) in paragraph (1), by striking subparagraph (A) and 
     inserting the following:
       ``(A) In general.--If binational panel review of a 
     determination under this title is requested pursuant to 
     article 1904 of the United States-Canada Agreement or article 
     10.12 of the USMCA, or an extraordinary challenge committee 
     is convened under Annex 1904.13 of the United States-Canada 
     Agreement or chapter 10 of the USMCA, the administering 
     authority or the Commission, as appropriate, may make 
     available to authorized persons, under a protective order 
     described in paragraph (2), a copy of all proprietary 
     material in the administrative record made during the 
     proceeding in question. If the administering authority or the 
     Commission claims a privilege as to a document or portion of 
     a document in the administrative record of the proceeding in 
     question and a binational panel or extraordinary challenge 
     committee finds that in camera inspection or limited 
     disclosure of that document or portion thereof is required by 
     United States law, the administering authority or the 
     Commission, as appropriate, may restrict access to such 
     document or portion thereof to the authorized persons 
     identified by the panel or committee as requiring access and 
     may require such persons to obtain access under a protective 
     order described in paragraph (2).''.
       (g) Dispute Settlement.--The table of contents for the 
     United States-Mexico-Canada Agreement Implementation Act 
     (Public Law 116-113; 134 Stat. 11) is amended by striking the 
     item relating to section 414 and inserting the following:

``Sec. 414. Requests for review of determinations by competent 
              investigating authorities.''.
       (h) Effective Date.--This section and the amendments made 
     by this section shall take effect on July 1, 2020.

     SEC. 602. TECHNICAL CORRECTIONS TO OTHER LAWS.

       (a) African Growth and Opportunity Act.--The African Growth 
     and Opportunity Act is amended--
       (1) in section 112 (19 U.S.C. 3721)--
       (A) in subsection (b)(5)(A), by striking ``Annex 401 to the 
     NAFTA'' and inserting ``Annex 4-B of the USMCA''; and
       (B) in subsection (f), by striking paragraph (3) and 
     inserting the following:
       ``(3) USMCA.--The term `USMCA' has the meaning given that 
     term in section 3 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4502).''; and
       (2) in section 113(b) (19 U.S.C. 3722(b))--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by striking ``Article 502(1) of 
     the NAFTA'' and inserting ``article 5.4.1 of the USMCA''; and
       (ii) in subparagraph (B)(i), in the matter following 
     subclause (II), by striking ``chapter 5 of the NAFTA'' and 
     inserting ``chapter 5 of the USMCA''; and
       (B) in paragraph (2), by striking ``Article 503 of the 
     NAFTA'' and inserting ``article 5.5 of the USMCA''.
       (b) Caribbean Basin Economic Recovery Act.--The Caribbean 
     Basin Economic Recovery Act is amended--
       (1) in section 212(a)(1) (19 U.S.C. 2702(a)(1)), by 
     striking subparagraph (D) and inserting the following:
       ``(D) The term `USMCA' has the meaning given that term in 
     section 3 of the United States-Mexico-Canada Agreement 
     Implementation Act (19 U.S.C. 4502).'';
       (2) in section 213(b) (19 U.S.C. 2703(b))--
       (A) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) in clause (v)(I), by striking ``Annex 401 of the 
     NAFTA'' and inserting ``Annex 4-B of the USMCA''; and
       (II) in clause (vii)(IV)--

       (aa) by striking ``from a country'' and inserting the 
     following: ``from--
       ``(aa) a country'';
       (bb) by striking the period at the end and inserting ``; 
     or''; and
       (cc) by adding at the end the following:
       ``(bb) a USMCA country (as defined in section 3 of the 
     United States-Mexico-Canada Agreement Implementation Act (19 
     U.S.C. 4502)).''; and
       (ii) in subparagraph (C), by striking ``section 2.3(a), 
     (b), or (c) of the Annex or Appendix 3.1.B.11 of the Annex'' 
     and inserting ``article 6.2 of the USMCA'';
       (B) in paragraph (3)(A)(i), by striking ``Annex 302.2 of 
     the NAFTA'' and inserting ``Annex 2-B of the USMCA'';
       (C) in paragraph (4)--
       (i) in subparagraph (A)--

       (I) in clause (i), by striking ``Article 502(1) of the 
     NAFTA'' and inserting ``article 5.4.1 of the USMCA''; and
       (II) in clause (ii)(I), in the matter following item (bb), 
     by striking ``chapter 5 of the NAFTA'' and inserting 
     ``chapter 5 of the USMCA''; and

       (ii) in subparagraph (B), by striking ``Article 503 of the 
     NAFTA'' and inserting ``article 5.5 of the USMCA''; and
       (D) in paragraph (5)--
       (i) in subparagraph (A), by striking ``NAFTA'' and 
     inserting ``North American Free Trade Agreement entered into 
     between the United States, Mexico, and Canada on December 17, 
     1992''; and
       (ii) in subparagraph (C), by striking ``NAFTA'' each place 
     it appears and inserting ``USMCA''; and
       (3) in section 213A(b) (19 U.S.C. 2703a(b))--
       (A) in paragraph (1)(B)(vii)(I)(aa), by striking ``Annex 
     401 of the NAFTA'' and inserting ``Annex 4-B of the USMCA''; 
     and
       (B) in paragraph (5)(A)(i), by striking ``Annex 401 of the 
     NAFTA'' and inserting ``Annex 4-B of the USMCA''.
       (c) Trade Facilitation and Trade Enforcement Act of 2015.--
     Section 403 of the Trade Facilitation and Trade Enforcement 
     Act of 2015 (19 U.S.C. 4362) is amended by striking ``article 
     1902 of the North American Free Trade Agreement and section 
     408 of the North American Free Trade Agreement Implementation 
     Act (19 U.S.C. 3438)'' and inserting ``article 10.10 of the 
     USMCA (as defined in section 3 of the United States-Mexico-
     Canada Agreement Implementation Act (19 U.S.C. 4502)) and 
     section 418 of the United States-Mexico-Canada Agreement 
     Implementation Act (19 U.S.C. 4588)''.
       (d) Title 35, United States Code.--Section 11 of title 35, 
     United States Code, is amended--
       (1) by striking ``The Director'' and inserting ``(a) In 
     General.--The Director'';
       (2) by striking ``other than a NAFTA country'' and 
     inserting ``other than a USMCA country''; and
       (3) by striking the third sentence and inserting the 
     following:
       ``(b) Definitions.--In this section--
       ``(1) the term `USMCA country' has the meaning given that 
     term in section 3 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4502); and
       ``(2) the term `WTO member country' has the meaning given 
     that term in section 2(10) of the Uruguay Round Agreements 
     Act (19 U.S.C. 3501(10)).''.
       (e) Energy Policy Act of 1992.--Section 1011(b) of the 
     Energy Policy Act of 1992 (42 U.S.C. 2296b(b)) is amended by 
     striking ``North American Free Trade Agreement'' and 
     inserting ``USMCA (as defined in section 3 of the United 
     States-Mexico-Canada Agreement Implementation Act (19 U.S.C. 
     4502))''.
       (f) Trade Agreements Act of 1979.--Section 493(a)(5)(D) of 
     the Trade Agreements Act of 1979 (19 U.S.C. 2578b(a)(5)(D)) 
     is amended by striking ``the NAFTA countries (as defined in 
     section 2(4) of the North American Free Trade Agreement 
     Implementation Act)'' and inserting ``the USMCA countries (as 
     defined in section 3 of the United States-Mexico-Canada 
     Agreement Implementation Act (19 U.S.C. 4502))''.
       (g) Effective Date.--This section and the amendments made 
     by this section shall take effect on July 1, 2020.

         TITLE VII--DEPUTY ARCHITECT OF THE CAPITOL AMENDMENTS

     SEC. 701. ARCHITECT OF THE CAPITOL.

       (a) Delegation of Authority.--The matter under the heading 
     ``Office of the Architect of the Capitol'' under the heading 
     ``ARCHITECT OF THE CAPITOL'' of the Legislative Appropriation 
     Act, 1956 (2 U.S.C. 1803) is amended by striking ``delegate 
     to the assistants'' and all that follows through ``2003'' and 
     inserting ``delegate the duties and authorities of the 
     Architect to officers and employees of the Office of the 
     Architect of the Capitol, as the Architect determines 
     appropriate''.
       (b) Deputy Architect of the Capitol.--Section 1203 of title 
     I of division H of the Consolidated Appropriations 
     Resolution, 2003 (2 U.S.C. 1805) is amended--
       (1) in the section heading, by striking ``Capitol/Chief 
     Operating Officer'' and inserting ``Capitol'';
       (2) in subsection (a), by striking ``There shall be'' and 
     all that follows and inserting ``The Architect of the Capitol 
     shall appoint a suitable individual to be the Deputy 
     Architect of the Capitol. The Architect may delegate to the 
     Deputy Architect such duties as the Architect determines are 
     necessary or appropriate.'';
       (3) by striking subsections (b) through (g);
       (4) by redesignating subsection (h) as subsection (b); and
       (5) by striking subsections (i) and (j).

   TITLE VIII--PANDEMIC RESPONSE ACCOUNTABILITY COMMITTEE AMENDMENTS

     SEC. 801. AMENDMENTS TO THE PANDEMIC RESPONSE ACCOUNTABILITY 
                   COMMITTEE.

       (a) Appropriations.--
       (1) In general.--Title V of division B of the Coronavirus 
     Aid, Relief, and Economic Security Act (Public Law 116-136) 
     is amended in the matter under the heading ``Pandemic 
     Response Accountability Committee'' under the heading 
     ``INDEPENDENT AGENCIES'' by striking ``funds provided in'' 
     and inserting ``covered funds and the Coronavirus response as 
     provided in section 15010 of''.
       (2) Emergency designation.--The amounts repurposed in this 
     section that were previously designated by the Congress as an 
     emergency requirement pursuant to the Balanced Budget and 
     Emergency Deficit Control Act of 1985 are designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       (b) Definition of Covered Funds.--Section 15010(a)(6) of 
     division B of the Coronavirus,

[[Page H7581]]

     Aid, Relief, and Economic Security Act (Public Law 116-136) 
     is amended--
       (1) in subparagraph (A), by striking ``this Act'' and 
     inserting ``the Coronavirus Aid, Relief, and Economic 
     Security Act (divisions A and B)'';
       (2) in subparagraph (C), by striking ``or'' at the end; and
       (3) by striking subparagraph (D) and inserting the 
     following:
       ``(D) the Paycheck Protection Program and Health Care 
     Enhancement Act (Public Law 116-139); or
       ``(E) divisions M and N of the Consolidated Appropriations 
     Act, 2021; and''.

    TITLE IX--ADJUSTMENT OF STATUS FOR LIBERIAN NATIONALS EXTENSION

     SEC. 901. EXTENSION OF PERIOD FOR ADJUSTMENT OF STATUS FOR 
                   CERTAIN LIBERIAN NATIONALS.

       Section 7611(b)(1)(A) of the National Defense Authorization 
     Act for Fiscal Year 2020 (Public Law 116-92) is amended by 
     striking ``1 year'' and inserting ``2 years''.

                 TITLE X--CLEAN UP THE CODE ACT OF 2019

     SEC. 1001. SHORT TITLE.

       This title may be cited as the ``Clean Up the Code Act of 
     2019''.

     SEC. 1002. REPEALS.

       The following provisions of title 18, United States Code, 
     are repealed:
       (1) Section 46 relating to transportation of water 
     hyacinths.
       (2) Section 511A relating to unauthorized application of 
     theft prevention decal or device.
       (3) Section 707 relating to 4-H club emblem fraudulently 
     used.
       (4) Section 708 relating to Swiss Confederation coat of 
     arms.
       (5) Section 711 relating to ``Smokey Bear'' character or 
     name.
       (6) Section 711a relating to ``Woodsy Owl'' character, 
     name, or slogan.
       (7) Section 715 relating to ``The Golden Eagle Insignia''.
       (8) Chapter 89--Professions and Occupations.
       (9) Section 1921 relating to receiving Federal employees' 
     compensation after marriage.

     SEC. 1003. CLERICAL AMENDMENTS.

       (a) Table of Chapters for Part I of Title 18.--The table of 
     chapters for part I of title 18, United States Code, is 
     amended by striking the item relating to chapter 89.
       (b) Table of Sections for Chapter 3.--The table of sections 
     for chapter 3 of title 18, United States Code, is amended by 
     striking the item relating to section 46.
       (c) Table of Sections for Chapter 25.--The table of 
     sections for chapter 25 of title 18, United States Code, is 
     amended by striking the item relating to section 511A.
       (d) Table of Sections for Chapter 33.--The table of 
     sections for chapter 33 of title 18, United States Code, is 
     amended--
       (1) by striking the item relating to section 707;
       (2) by striking the item relating to section 708;
       (3) by striking the item relating to section 711;
       (4) by striking the item relating to section 711a; and
       (5) by striking the item relating to section 715.
       (e) Table of Sections for Chapter 93.--The table of 
     sections for chapter 93 of title 18, United States Code, is 
     amended by striking the item relating to section 1921.

   TITLE XI--AMENDMENTS TO PROVISIONS RELATING TO CHILD CARE CENTERS

     SEC. 1101. PROVISIONS RELATING TO CHILD CARE CENTERS.

       (a) Senate Employee Child Care Center.--Section 19001 of 
     the Coronavirus Aid, Relief, and Economic Security Act (2 
     U.S.C. 2063 note) is amended--
       (1) by striking ``The Secretary'' and all that follows 
     through ``per month,'' and inserting the following:
       ``(a)  Reimbursements.--During the period beginning on July 
     1, 2020 and ending on the termination date of the public 
     health emergency declared pursuant to section 319 of the 
     Public Health Service Act (42 U.S.C. 247d) resulting from the 
     COVID-19 pandemic, the Secretary of the Senate shall 
     reimburse the Senate Employee Child Care Center for expenses, 
     due to measures taken in the Capitol complex to combat 
     coronavirus, as calculated under subsection (b) and''; and
       (2) by adding at the end the following:
       ``(b) Amount.--The amount of the reimbursement under this 
     section for each month of the period described in subsection 
     (a) shall be equal to the difference between--
       ``(1) the lesser of--
       ``(A) the amount of the operating costs (including payroll, 
     general, and administrative expenses) of the Center for such 
     month; or
       ``(B) $105,000; and
       ``(2) the amount of tuition payments collected by the 
     Center for such month.''.
       (b) Little Scholars Child Development Center.--Section 
     19004 of the Coronavirus Aid, Relief, and Economic Security 
     Act (2 U.S.C. 162b note) is amended--
       (1) by striking ``The Library of Congress'' and all that 
     follows through ``per month,'' and inserting the following:
       ``(a)  Reimbursements.--During the period beginning on the 
     date of enactment of the Consolidated Appropriations Act, 
     2021 and ending on the termination date of the public health 
     emergency declared pursuant to section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) resulting from the COVID-
     19 pandemic, the Library of Congress shall reimburse the 
     Little Scholars Child Development Center for expenses, due to 
     measures taken in the Capitol complex to combat coronavirus, 
     as calculated under subsection (b) and''; and
       (2) by adding at the end the following:
       ``(b) Amount.--The amount of the reimbursement under this 
     section for each month of the period described in subsection 
     (a) shall be equal to the difference between--
       ``(1) the lesser of--
       ``(A) the amount of the operating costs (including payroll, 
     general, and administrative expenses) of the Center for such 
     month; or
       ``(B) $118,500; and
       ``(2) the amount of tuition payments collected by the 
     Center for such month.''.
       (3) Tiny findings child development center.--Section 19009 
     of the Coronavirus Aid, Relief, and Economic Security Act 
     (Public Law 116-136; 134 Stat. 579) is amended--
       (A) by striking ``The Government'' and all that follows 
     through ``per month,'' and inserting the following:
       ``(a)  Reimbursements.--During the period beginning on the 
     date of enactment of the Consolidated Appropriations Act, 
     2021 and ending on the termination date of the public health 
     emergency declared pursuant to section 319 of the Public 
     Health Service Act (42 U.S.C. 247d) resulting from the COVID-
     19 pandemic, the Government Accountability Office shall 
     reimburse the Tiny Findings Child Development Center for 
     expenses, due to measures taken in the Capitol complex to 
     combat coronavirus, as calculated under subsection (b) and''; 
     and
       (B) by adding at the end the following:
       ``(b) Amount.--The amount of the reimbursement under this 
     section for each month of the period described in subsection 
     (a) shall be equal to the difference between--
       ``(1) the lesser of--
       ``(A) the amount of the operating costs (including payroll, 
     general, and administrative expenses) of the Center for such 
     month; or
       ``(B) $162,500; and
       ``(2) the amount of tuition payments collected by the 
     Center for such month.''.

                  TITLE XII--ALASKA NATIVES EXTENSION

     SEC. 1201. ALASKA NATIVES.

       Section 424(a) of the Consolidated Appropriations Act, 2014 
     (Public Law 113-76), as amended by section 428 of the 
     Consolidated Appropriations Act, 2018 (Public Law 115-141), 
     shall be applied by substituting ``October 1, 2022'' for 
     ``October 1, 2019''.

   TITLE XIII--OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST PROPOSED 
                               DEBARMENT

     SEC. 1301. OPEN TECHNOLOGY FUND OPPORTUNITY TO CONTEST 
                   PROPOSED DEBARMENT.

       (a) Effective Date.--Section 1299Q of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 is amended by adding at the end the following:
       ``(g) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date that is 90 days 
     after the date of the enactment of this Act.''.
       (b) Open Technology Fund Opportunity to Contest Proposed 
     Debarment.--Notwithstanding any provision of law or 
     regulation, including section 513.313 of title 22, Code of 
     Federal Regulations, in any debarment proceeding concerning 
     the Open Technology Fund that is initiated prior to the date 
     of enactment of this Act, the Open Technology Fund shall have 
     90 calendar days after receipt of any notice of proposed 
     debarment to submit, in person, in writing, or through a 
     representative, information and argument in opposition to the 
     proposed debarment, before such proposed debarment may 
     proceed to additional proceedings or decision.

                      TITLE XIV--BUDGETARY EFFECTS

     SEC. 1401. BUDGETARY EFFECTS.

       (a) Statutory PAYGO Scorecards.--The budgetary effects of 
     division N, this division, and each succeeding division, 
     except for title VIII of division O and title XIII of 
     division FF, shall not be entered on either PAYGO scorecard 
     maintained pursuant to section 4(d) of the Statutory Pay-As-
     You-Go Act of 2010.
       (b) Senate PAYGO Scorecards.--The budgetary effects of 
     division N, this division, and each succeeding division, 
     except for title VIII of division O and title XIII of 
     division FF, shall not be entered on any PAYGO scorecard 
     maintained for purposes of section 4106 of H. Con. Res. 71 
     (115th Congress).
       (c) Classification of Budgetary Effects.--Notwithstanding 
     Rule 3 of the Budget Scorekeeping Guidelines set forth in the 
     joint explanatory statement of the committee of conference 
     accompanying Conference Report 105-217 and section 250(c)(8) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, the budgetary effects of division N, this division, and 
     each succeeding division, except for title VIII of division O 
     and title XIII of division FF, shall not be estimated--
       (1) for purposes of section 251 of such Act; and
       (2) for purposes of paragraph (4)(C) of section 3 of the 
     Statutory Pay-As-You-Go Act of 2010 as being included in an 
     appropriation Act.
       (d) Balances on the PAYGO Scorecards.--Effective on the 
     date of the adjournment of the second session of the 116th 
     Congress, and for the purposes of the annual report issued 
     pursuant to section 5 of the Statutory Pay-As-You-Go Act of 
     2010 (2 U.S.C. 934) after such adjournment and for 
     determining whether a sequestration order is necessary under 
     such section, the balances on the PAYGO scorecards 
     established pursuant to paragraphs (4) and (5) of section 
     4(d) of such Act shall be zero.

     DIVISION P--NATIONAL BIO AND AGRO-DEFENSE FACILITY ACT OF 2020

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``National Bio and Agro-
     Defense Facility Act of 2020''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Animal.--The term ``animal'' has the meaning given the 
     term in section 10403 of the Animal Health Protection Act (7 
     U.S.C. 8302).
       (2) Transboundary disease.--The term ``transboundary 
     disease'' has the meaning given

[[Page H7582]]

     the term in section 12203(a) of the Agriculture Improvement 
     Act of 2018 (7 U.S.C. 8914(a)).
       (3) Veterinary countermeasure.--The term ``veterinary 
     countermeasure'' has the meaning given the term in section 
     10403 of the Animal Health Protection Act (7 U.S.C. 8302).

     SEC. 3. NATIONAL BIO AND AGRO-DEFENSE FACILITY.

       (a) In General.--The National Bio and Agro-Defense Facility 
     shall be a national security laboratory asset to provide 
     integrated research, development, and test and evaluation 
     infrastructure to improve preparedness and response 
     capabilities to prevent, detect, respond to, or mitigate harm 
     resulting from animal pests or diseases and zoonotic diseases 
     for the purpose of defending the United States against bio- 
     and agro-threats, whether naturally occurring or intentional.
       (b) Mission.--Pursuant to subsection (a), the mission of 
     the National Bio and Agro-Defense Facility shall be to 
     protect the food supply, agriculture, and public health of 
     the United States, including by--
       (1) integrating agricultural, zoonotic disease, and other 
     research, as appropriate;
       (2) addressing threats from high-consequence zoonotic 
     disease agents, emerging foreign animal diseases, and animal 
     transboundary diseases;
       (3) addressing biological threats;
       (4) ensuring that research conducted at the National Bio 
     and Agro-Defense Facility addresses gaps that fall between 
     the ongoing animal and zoonotic disease research efforts 
     across the Federal Government and does not duplicate those 
     ongoing efforts;
       (5) facilitating, integrating, and coordinating the 
     development and implementation of the strategic plan for 
     research under section 4(a)(2), relating to protection of the 
     food supply, agriculture, and public health of the United 
     States;
       (6) providing appropriate education and training to prepare 
     for and respond to bio- and agro-defense threats;
       (7) sharing data and related information with appropriate 
     Federal departments or agencies, as requested by the heads of 
     those departments or agencies, or as necessary, to support 
     biological material threat assessments; and
       (8) sharing data and related information, and developing 
     strategic partnerships, to enhance the carrying out of the 
     duties of the National Bio and Agro-Defense Facility for the 
     development of priority zoonotic animal disease diagnostics, 
     vaccines, drugs, and other countermeasures.

     SEC. 4. EVALUATION AND RESEARCH PLAN.

       (a) In General.--Not less frequently than biennially, the 
     Secretary of Agriculture, in coordination with the Secretary 
     of Homeland Security and the heads of other appropriate 
     Federal departments and agencies, shall--
       (1) evaluate the work of the National Bio and Agro-Defense 
     Facility;
       (2) develop, biennially update, and publish a strategic 
     plan for research at the National Bio and Agro-Defense 
     Facility based on priority risk and threat assessments, 
     including strategies to--
       (A) develop veterinary countermeasures for emerging foreign 
     animal diseases and animal transboundary diseases;
       (B) provide advanced testing, diagnostic, and evaluation 
     capabilities for threat detection, vulnerability assessments 
     of animal and zoonotic diseases, and veterinary 
     countermeasures for animal and zoonotic diseases;
       (C) assist, as appropriate, with the development, and 
     address vulnerability assessments, of the agriculture and 
     food sectors;
       (D) address gaps in the ongoing animal and zoonotic disease 
     research efforts across the Federal Government, ensuring not 
     to duplicate those ongoing efforts; and
       (E) be used for such other purposes as the Secretary of 
     Agriculture, in consultation with the Secretary of Homeland 
     Security and the heads of other appropriate Federal 
     departments and agencies, determines to be appropriate; and
       (3) submit to the Committee on Agriculture, Nutrition, and 
     Forestry of the Senate, the Committee on Homeland Security 
     and Governmental Affairs of the Senate, the Committee on 
     Agriculture of the House of Representatives, and the 
     Committee on Homeland Security of the House of 
     Representatives, the strategic plan for research described in 
     paragraph (2).
       (b) Classified Information.--The strategic plan for 
     research required under subsection (a)(2)--
       (1) shall be published in an unclassified format that is 
     publicly available;
       (2) shall be submitted under subsection (a)(3) in 
     unclassified form; and
       (3) may include in the submission under subsection (a)(3) a 
     classified annex for any sensitive or classified information, 
     as necessary.

     SEC. 5. AVAILABILITY OF DATA AND CONGRESSIONAL BRIEFINGS.

       (a) In General.--Every 6 months until the date described in 
     subsection (b), the Secretary of Agriculture, the Secretary 
     of Homeland Security, and the heads of other appropriate 
     Federal departments and agencies, as appropriate, shall 
     provide to the Committees on Agriculture, Nutrition, and 
     Forestry and Homeland Security and Governmental Affairs of 
     the Senate and the Committees on Agriculture and Homeland 
     Security of the House of Representatives a report and 
     briefing describing--
       (1) progress under each phase described in the memorandum 
     of agreement entitled ``Memorandum of Agreement Between the 
     U.S. Department of Agriculture Marketing and Regulatory 
     Programs, the U.S. Department of Agriculture Research, 
     Education, and Economics, and the Department of Homeland 
     Security Science and Technology Directorate'' and dated June 
     20, 2019, that is not completed as of the date of enactment 
     of this Act;
       (2) the status of the actions taken pursuant to the areas 
     of collaborative opportunity and responsibilities as 
     described in the memorandum of understanding entitled 
     ``Memorandum of Understanding Between the U.S. Department of 
     Agriculture Marketing and Regulatory Programs, the U.S. 
     Department of Agriculture Research, Education, and Economics, 
     and the Department of Homeland Security Science and 
     Technology Directorate for National Bio and Agro-Defense 
     Facility Collaboration'' and dated January 7, 2020; and
       (3) the operations and mission of the National Bio and 
     Agro-Defense Facility, including the coordination and 
     carrying out of--
       (A) the memorandum of agreement and memorandum of 
     understanding described in paragraphs (1) and (2), 
     respectively;
       (B) any successor memoranda of agreement or understanding 
     to the memorandum of agreement and memorandum of 
     understanding described in paragraphs (1) and (2), 
     respectively;
       (C) any similar joint agreement or understanding between 
     the Department of Agriculture and the Department of Homeland 
     Security, or other relevant agencies, that documents the 
     biodefense mission of the National Bio and Agro-Defense 
     Facility; and
       (D) research, including a description of the users of the 
     National Bio and Agro-Defense Facility.
       (b) Termination.--The reporting and briefing requirements 
     under subsection (a) shall terminate on the date that is 5 
     years after the date on which the National Bio and Agro-
     Defense Facility attains full operating capability.

     SEC. 6. BUDGET AND REPORT.

       (a) Budget.--Concurrently with each budget submission to 
     the Director of the Office of Management and Budget, the 
     Secretary of Agriculture, the Secretary of Homeland Security, 
     and the heads of other appropriate Federal departments and 
     agencies, as required by Homeland Security Presidential 
     Directive 9, shall jointly submit to the Director of the 
     Office of Management and Budget an integrated budget plan for 
     the defense and protection of the food supply of the United 
     States, including the operation and use of the National Bio 
     and Agro-Defense Facility.
       (b) Report.--Not later than 60 days after the date on which 
     the budget of the United States Government is submitted by 
     the President under section 1105 of title 31, United States 
     Code, for each fiscal year, the Secretary of Agriculture, the 
     Secretary of Homeland Security, and the heads of other 
     appropriate Federal departments and agencies shall jointly 
     submit to Congress a report describing an integrated budget 
     plan described in subsection (a), which shall be consistent 
     with the budget submission of the President under that 
     section for the defense and protection of the food supply of 
     the United States, including the operation and use of the 
     National Bio and Agro-Defense Facility.

     SEC. 7. EFFECT ON OTHER AUTHORITIES.

       Nothing in this Act affects the authority of the Secretary 
     of Agriculture or the Secretary of Homeland Security under 
     any other provision of law or program relating to the 
     protection of food supplies, agriculture, or public health.

  DIVISION Q--FINANCIAL SERVICES PROVISIONS AND INTELLECTUAL PROPERTY

                 TITLE I--FINANCIAL SERVICES PROVISIONS

     SEC. 101. CARBON MONOXIDE ALARMS OR DETECTORS IN FEDERALLY 
                   ASSISTED HOUSING.

       (a) Findings.--Congress finds that--
       (1) carbon monoxide alarms are not required by federally 
     assisted housing programs, when not required by State or 
     local codes;
       (2) numerous federally assisted housing residents have lost 
     their lives due to carbon monoxide poisoning;
       (3) the effects of carbon monoxide poisoning occur 
     immediately and can result in death in a matter of minutes;
       (4) carbon monoxide exposure can cause permanent brain 
     damage, life-threatening cardiac complications, fetal death 
     or miscarriage, and death, among other harmful health 
     conditions;
       (5) carbon monoxide poisoning is especially dangerous for 
     unborn babies, children, elderly individuals, and individuals 
     with cardiovascular disease, among others with chronic health 
     conditions;
       (6) the majority of the 4,600,000 families receiving 
     Federal housing assistance are families with young children, 
     elderly individuals, or individuals with disabilities, making 
     them especially vulnerable to carbon monoxide poisoning;
       (7) more than 400 people die and 50,000 additional people 
     visit the emergency room annually as a result of carbon 
     monoxide poisoning;
       (8) carbon monoxide poisoning is entirely preventable and 
     early detection is possible with the use of carbon monoxide 
     alarms;
       (9) the Centers for Disease Control and Prevention warns 
     that carbon monoxide poisoning is entirely preventable and 
     recommends the installation of carbon monoxide alarms;
       (10) the Office of Lead Hazard Control and Healthy Homes of 
     the Department of Housing and Urban Development recommends 
     the installation of carbon monoxide alarms as a best practice 
     to keep families and individuals safe and to protect health; 
     and
       (11) in order to safeguard the health and well-being of 
     tenants in federally assisted housing, the Federal Government 
     should consider best practices for primary prevention of 
     carbon monoxide-related incidents.
       (b) Public Housing, Tenant-based Assistance, and Project-
     based Assistance.--The United States Housing Act of 1937 (42 
     U.S.C. 1437 et seq.) is amended--
       (1) in section 3(a) (42 U.S.C. 1437a(a)), by adding at the 
     end the following:
       ``(8) Carbon monoxide alarms.--Each public housing agency 
     shall ensure that carbon monoxide alarms or detectors are 
     installed in each dwelling unit in public housing owned or 
     operated by the public housing agency in a manner that meets 
     or exceeds--

[[Page H7583]]

       ``(A) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(B) any other standards as may be adopted by the 
     Secretary, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''; and
       (2) in section 8 (42 U.S.C. 1437f)--
       (A) by inserting after subsection (i) the following:
       ``(j) Carbon Monoxide Alarms.--Each owner of a dwelling 
     unit receiving project-based assistance under this section 
     shall ensure that carbon monoxide alarms or detectors are 
     installed in the dwelling unit in a manner that meets or 
     exceeds--
       ``(1) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(2) any other standards as may be adopted by the 
     Secretary, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''; and
       (B) in subsection (o), by adding at the end the following:
       ``(21) Carbon monoxide alarms.--Each dwelling unit 
     receiving tenant-based assistance or project-based assistance 
     under this subsection shall have carbon monoxide alarms or 
     detectors installed in the dwelling unit in a manner that 
     meets or exceeds--
       ``(A) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(B) any other standards as may be adopted by the 
     Secretary, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''.
       (c) Supportive Housing for the Elderly.--Section 202(j) of 
     the Housing Act of 1959 (12 U.S.C. 1701q(j)) is amended by 
     adding at the end the following:
       ``(9) Carbon monoxide alarms.--Each owner of a dwelling 
     unit assisted under this section shall ensure that carbon 
     monoxide alarms or detectors are installed in the dwelling 
     unit in a manner that meets or exceeds--
       ``(A) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(B) any other standards as may be adopted by the 
     Secretary, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''.
       (d) Supportive Housing for Persons With Disabilities.--
     Section 811(j) of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 8013(j)) is amended by adding at the 
     end the following:
       ``(7) Carbon monoxide alarms.--Each dwelling unit assisted 
     under this section shall contain installed carbon monoxide 
     alarms or detectors that meet or exceed--
       ``(A) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(B) any other standards as may be adopted by the 
     Secretary, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''.
       (e) Housing Opportunities for Persons With AIDS.--Section 
     856 of the Cranston-Gonzalez National Affordable Housing Act 
     (42 U.S.C. 12905) is amended by adding at the end the 
     following new subsection:
       ``(i) Carbon monoxide alarms.--Each dwelling unit assisted 
     under this subtitle shall contain installed carbon monoxide 
     alarms or detectors that meet or exceed--
       ``(1) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(2) any other standards as may be adopted by the 
     Secretary, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''.
       (f) Rural Housing.--Title V of the Housing Act of 1949 (42 
     U.S.C. 1471 et seq.) is amended--
       (1) in section 514 (42 U.S.C. 1484), by adding at the end 
     the following:
       ``(j) Housing and related facilities constructed with loans 
     under this section shall contain installed carbon monoxide 
     alarms or detectors that meet or exceed--
       ``(1) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(2) any other standards as may be adopted by the 
     Secretary, in collaboration with the Secretary of Housing and 
     Urban Development, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''; and
       (2) in section 515(m) (42 U.S.C. 1485(m))--
       (A) by inserting ``(1)'' before ``The Secretary shall 
     establish''; and
       (B) by adding at the end the following:
       ``(2) Housing and related facilities rehabilitated or 
     repaired with amounts received under a loan made or insured 
     under this section shall contain installed carbon monoxide 
     alarms or detectors that meet or exceed--
       ``(A) the standards described in chapters 9 and 11 of the 
     2018 publication of the International Fire Code, as published 
     by the International Code Council; or
       ``(B) any other standards as may be adopted by the 
     Secretary, in collaboration with the Secretary of Housing and 
     Urban Development, including any relevant updates to the 
     International Fire Code, through a notice published in the 
     Federal Register.''.
       (g) Guidance.--The Secretary of Housing and Urban 
     Development shall provide guidance to public housing agencies 
     (as defined in section 3(b)(6) of the United States Housing 
     Act of 1937 (42 U.S.C. 1437a(b)(6)) on how to educate tenants 
     on health hazards in the home, including to carbon monoxide 
     poisoning, lead poisoning, asthma induced by housing-related 
     allergens, and other housing-related preventable outcomes, to 
     help advance primary prevention and prevent future deaths and 
     other harms.
       (h) Effective Date.--The amendments made by subsections (b) 
     through (e) shall take effect on the date that is 2 years 
     after the date of enactment of this Act.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section and the 
     amendments made by this section, $101,400,000 per year for 
     each of fiscal years 2021, 2022, and 2023.
       (j) No Preemption.--Nothing in the amendments made by this 
     section shall be construed to preempt or limit the 
     applicability of any State or local law relating to the 
     installation and maintenance of carbon monoxide alarms or 
     detectors in housing that requires standards that are more 
     stringent than the standards described in the amendments made 
     by this section.
       (k) Study on Inclusion of Carbon Monoxide Alarms or 
     Detectors in Other Units.--The Secretary of Housing and Urban 
     Development, in consultation with the Consumer Product Safety 
     Commission, shall conduct a study and issue a publicly 
     available report on requiring carbon monoxide alarms or 
     detectors in federally assisted housing that is not covered 
     in the amendments made by this section.

     SEC. 102. PARTICIPATION OF INDIAN TRIBES AND TRIBALLY 
                   DESIGNATED HOUSING ENTITIES IN CONTINUUM OF 
                   CARE PROGRAM.

       (a) In General.--Title IV of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11360 et seq.) is amended--
       (1) in section 401 (42 U.S.C. 11360)--
       (A) by redesignating paragraphs (10) through (33) as 
     paragraphs (12) through (35), respectively;
       (B) by redesignating paragraphs (8) and (9) as paragraphs 
     (9) and (10), respectively;
       (C) by inserting after paragraph (7) the following:
       ``(8) Formula area.--The term `formula area' has the 
     meaning given the term in section 1000.302 of title 24, Code 
     of Federal Regulations, or any successor regulation.'';
       (D) in paragraph (9), as so redesignated, by inserting ``a 
     formula area,'' after ``nonentitlement area,''; and
       (E) by inserting after paragraph (10), as so redesignated, 
     the following:
       ``(11) Indian tribe.--The term `Indian Tribe' has the 
     meaning given the term `Indian tribe' in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103).''; and
       (2) in subtitle C (42 U.S.C. 11381 et seq.), by adding at 
     the end the following:

     ``SEC. 435. INDIAN TRIBES AND TRIBALLY DESIGNATED HOUSING 
                   ENTITIES.

       ``Notwithstanding any other provision of this title, for 
     purposes of this subtitle, an Indian Tribe or tribally 
     designated housing entity (as defined in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103)) may--
       ``(1) be a collaborative applicant or eligible entity; or
       ``(2) receive grant amounts from another entity that 
     receives a grant directly from the Secretary, and use the 
     amounts in accordance with this subtitle.''.
       (b) Technical and Conforming Amendment.--The table of 
     contents in section 101(b) of the McKinney-Vento Homeless 
     Assistance Act (Public Law 100-77; 101 Stat. 482) is amended 
     by inserting after the item relating to section 434 the 
     following:

``Sec. 435. Indian Tribes and tribally designated housing entities.''.

     SEC. 103. FOSTERING STABLE HOUSING OPPORTUNITIES.

       (a) Definition of Family.--Subparagraph (A) of section 
     3(b)(3) of the United States Housing Act of 1937 (42 U.S.C. 
     1437a(b)(3)(A)) is amended--
       (1) in the first sentence--
       (A) by striking ``(v)'' and inserting ``(vi)''; and
       (B) by inserting after ``tenant family,'' the following: 
     ``(v) a youth described in section 8(x)(2)(B),''; and
       (2) in the second sentence, by inserting ``or (vi)'' after 
     ``clause (v)''.
       (b) Housing Choice Vouchers for Fostering Stable Housing 
     Opportunities.--
       (1) Assistance for youth aging out of foster care.--Section 
     8(x) of the United States Housing Act of 1937 (42 U.S.C. 
     1437f(x)) is amended--
       (A) in paragraph (2), by inserting ``subject to paragraph 
     (5),'' after ``(B)'';
       (B) in paragraph (3)--
       (i) By striking ``(3) Allocation.--The'' and inserting the 
     following:
       ``(3) Allocation.--
       ``(A) In general.--The''; and
       (ii) by adding at the end the following new subparagraph:
       ``(B) Assistance for youth aging out of foster care.--
     Notwithstanding any other provision of law, the Secretary 
     shall, subject only to the availability of funds, allocate 
     such assistance to any public housing agencies that (i) 
     administer assistance pursuant to paragraph (2)(B), or seek 
     to administer such assistance, consistent with procedures 
     established by the Secretary, (ii) have requested such 
     assistance so that they may provide timely assistance to 
     eligible youth, and (iii) have submitted to the Secretary a 
     statement describing how the agency will connect assisted 
     youths with local community resources and self-sufficiency 
     services, to the extent they are available, and obtain 
     referrals from public child welfare agencies regarding youths 
     in foster care who become eligible for such assistance.'';

[[Page H7584]]

       (C) by redesignating paragraph (5) as paragraph (6); and
       (D) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) Requirements for assistance for youth aging out of 
     foster care.--Assistance provided under this subsection for 
     an eligible youth pursuant to paragraph (2)(B) shall be 
     subject to the following requirements:
       ``(A) Requirements to extend assistance.--
       ``(i) Participation in family self-sufficiency.--In the 
     case of a public housing agency that is providing such 
     assistance under this subsection on behalf of an eligible 
     youth and that is carrying out a family self-sufficiency 
     program under section 23, the agency shall, subject only to 
     the availability of such assistance, extend the provision of 
     such assistance for up to 24 months beyond the period 
     referred to in paragraph (2)(B), but only during such period 
     that the youth is in compliance with the terms and conditions 
     applicable under section 23 and the regulations implementing 
     such section to a person participating in a family self-
     sufficiency program.
       ``(ii) Education, workforce development, or employment.--In 
     the case of a public housing agency that is providing such 
     assistance under this subsection on behalf of an eligible 
     youth and that is not carrying out a family self-sufficiency 
     program under section 23, or is carrying out such a program 
     in which the youth has been unable to enroll, the agency 
     shall, subject only to the availability of such assistance, 
     extend the provision of such assistance for two successive 
     12-month periods, after the period referred to in paragraph 
     (2)(B), but only if for not less than 9 months of the 12-
     month period preceding each such extension the youth was--

       ``(I) engaged in obtaining a recognized postsecondary 
     credential or a secondary school diploma or its recognized 
     equivalent;
       ``(II) enrolled in an institution of higher education, as 
     such term is defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)) and including the 
     institutions described in subparagraphs (A) and (B) of 
     section 102(a)(1) of such Act (20 U.S.C. 1002(a)(1)); or
       ``(III) participating in a career pathway, as such term is 
     defined in section 3 of the Workforce Innovation and 
     Opportunity Act (29 U.S.C. 3102).

     Notwithstanding any other provision of this clause, a public 
     housing agency shall consider employment as satisfying the 
     requirements under this subparagraph.
       ``(iii) Exceptions.--Notwithstanding clauses (i) and (ii), 
     a public housing agency that is providing such assistance 
     under this subsection on behalf of an eligible youth shall 
     extend the provision of such assistance for up to 24 months 
     beyond the period referred to in paragraph (2)(B), and 
     clauses (i) and (ii) of this subparagraph shall not apply, if 
     the eligible youth certifies that he or she is--

       ``(I) a parent or other household member responsible for 
     the care of a dependent child under the age of 6 or for the 
     care of an incapacitated person;
       ``(II) a person who is regularly and actively participating 
     in a drug addiction or alcohol treatment and rehabilitation 
     program; or
       ``(III) a person who is incapable of complying with the 
     requirement under clause (i) or (ii), as applicable, due to a 
     documented medical condition.

       ``(iv) Verification of compliance.--The Secretary shall 
     require the public housing agency to verify compliance with 
     the requirements under this subparagraph by each eligible 
     youth on whose behalf the agency provides such assistance 
     under this subsection on an annual basis in conjunction with 
     reviews of income for purposes of determining income 
     eligibility for such assistance.
       ``(B) Supportive services.--
       ``(i) Eligibility.--Each eligible youth on whose behalf 
     such assistance under this subsection is provided shall be 
     eligible for any supportive services (as such term is defined 
     in section 3 of the Workforce Innovation and Opportunity Act 
     (29 U.S.C. 3102)) made available, in connection with any 
     housing assistance program of the agency, by or through the 
     public housing agency providing such assistance.
       ``(ii) Information.--Upon the initial provision of such 
     assistance under this subsection on behalf of any eligible 
     youth, the public housing agency shall inform such eligible 
     youth of the existence of any programs or services referred 
     to in clause (i) and of their eligibility for such programs 
     and services.
       ``(C) Applicability to moving to work agencies.--
     Notwithstanding any other provision of law, the requirements 
     of this paragraph shall apply to assistance under this 
     subsection pursuant to paragraph (2)(B) made available by 
     each public housing agency participating in the Moving to 
     Work Program under section 204 of the Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 1996 (42 U.S.C. 1437f note), 
     except that in lieu of compliance with clause (i) or (ii) of 
     subparagraph (A) of this paragraph, such an agency may comply 
     with the requirements under such clauses by complying with 
     such terms, conditions, and requirements as may be 
     established by the agency for persons on whose behalf such 
     rental assistance under this subsection is provided.
       ``(D) Termination of vouchers upon turn-over.--A public 
     housing agency shall not reissue any such assistance made 
     available from appropriated funds when assistance for the 
     youth initially assisted is terminated, unless specifically 
     authorized by the Secretary.
       ``(E) Reports.--
       ``(i) In general.--The Secretary shall require each public 
     housing agency that provides such assistance under this 
     subsection in any fiscal year to submit a report to the 
     Secretary for such fiscal year that--

       ``(I) specifies the number of persons on whose behalf such 
     assistance under this subsection was provided during such 
     fiscal year;
       ``(II) specifies the number of persons who applied during 
     such fiscal year for such assistance under this subsection, 
     but were not provided such assistance, and provides a brief 
     identification in each instance of the reason why the public 
     housing agency was unable to award such assistance; and
       ``(III) describes how the public housing agency 
     communicated or collaborated with public child welfare 
     agencies to collect such data.

       ``(ii) Information collections.--The Secretary shall, to 
     the greatest extent possible, utilize existing information 
     collections, including the voucher management system (VMS), 
     the Inventory Management System/PIH Information Center (IMS/
     PIC), or the successors of those systems, to collect 
     information required under this subparagraph.
       ``(F) Consultation.--The Secretary shall consult with the 
     Secretary of Health and Human Services to provide such 
     information and guidance to the Secretary of Health and Human 
     Services as may be necessary to facilitate such Secretary in 
     informing States and public child welfare agencies on how to 
     correctly and efficiently implement and comply with the 
     requirements of this subsection relating to assistance 
     provided pursuant to paragraph (2)(B).''.
       (2) Applicability to fostering stable housing opportunities 
     program.--Subparagraph (A) of section 8(x)(4) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(x)(4)(A)) is 
     amended by inserting before the semicolon at the end the 
     following: ``and establishing a point of contact at public 
     housing agencies to ensure that public housing agencies 
     receive appropriate referrals regarding eligible 
     recipients''.
       (3) PHA administrative fees.--Subsection (q) of section 8 
     of the United States Housing Act of 1937 (42 U.S.C. 1437f(q)) 
     is amended by adding at the end the following new paragraph:
       ``(5) Supplements for administering assistance for youth 
     aging out of foster care.--The Secretary may provide 
     supplemental fees under this subsection to the public housing 
     agency for the cost of administering any assistance for 
     foster youth under subsection (x)(2)(B), in an amount 
     determined by the Secretary, but only if the agency waives 
     for such eligible youth receiving assistance any residency 
     requirement that it has otherwise established pursuant to 
     subsection (r)(1)(B)(i).''.
       (c) Exceptions to Limitations for Project-based Voucher 
     Assistance.--
       (1) Percentage limitation.--The first sentence of clause 
     (ii) of section 8(o)(13)(B) of the United States Housing Act 
     of 1937 (42 U.S.C. 1437f(o)(13)(B)(ii)), as amended by 
     section 106(a)(2) of the Housing Opportunity Through 
     Modernization Act of 2016 (Public Law 114-201), is further 
     amended by inserting before ``or that'' the following: ``that 
     house eligible youths receiving assistance pursuant to 
     subsection (x)(2)(B),''.
       (2) Income-mixing requirement.--Subclause (I) of section 
     8(o)(13)(D)(ii) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(o)(13)(D)(ii)(I)), as amended by section 
     106(a)(3) of the Housing Opportunity Through Modernization 
     Act of 2016 (Public Law 114-201), is further amended by 
     inserting after ``elderly families'' the following: ``, to 
     eligible youths receiving assistance pursuant to subsection 
     (x)(2)(B),''.
       (d) Applicability.--The amendments made by this section 
     shall not apply to housing choice voucher assistance made 
     available pursuant to section 8(x) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(x)) that is in use on 
     behalf of an assisted family as of the date of the enactment 
     of this Act.

     SEC. 104. HOMELESS ASSISTANCE GRANTS.

       (a) Renewal of Continuum of Care Projects.--In allocating 
     and awarding amounts provided for the Continuum of Care 
     program under subtitle C of title IV of the McKinney-Vento 
     Homeless Assistance Act (42 U.S.C. 11381 et seq.), the 
     Secretary of Housing and Urban Development shall renew for 
     one 12-month period, without additional competition, all 
     projects with existing grants expiring during calendar year 
     2021, including youth homelessness demonstration projects and 
     shelter plus care projects expiring during calendar year 
     2021, notwithstanding any inconsistent provisions in subtitle 
     C of title IV of the McKinney-Vento Homeless Assistance Act 
     or any other Act.
       (b) Planning and Unified Funding Agency Awards.--Continuum 
     of Care planning and Unified Funding Agency awards expiring 
     in calendar year 2021 may also be renewed and the Continuum 
     of Care may designate a new collaborative applicant to 
     receive the award in accordance with the existing process 
     established by the Secretary of Housing and Urban 
     Development.
       (c) Notice.--The Secretary of Housing and Urban Development 
     shall publish a notice that identifies and lists all projects 
     and awards eligible for such noncompetitive renewal, 
     prescribes the format and process by which the projects and 
     awards from the list will be renewed, makes adjustments to 
     the renewal amount based on changes to the fair market rent, 
     and establishes a maximum amount for the renewal of planning 
     and Unified Funding Agency awards notwithstanding the 
     requirement that such maximum amount be established in a 
     notice of funding availability.

     SEC. 105. IMPROVEMENTS TO LOAN GUARANTEES FOR INDIAN HOUSING.

       (a) Findings.--Congress finds that--
       (1) the extended timelines for approving lenders' 
     applications to participate in the program established under 
     section 184 of the Housing and Community Development Act of 
     1992 (12 U.S.C. 1715z-13a) are unacceptably long;
       (2) those extended timelines inhibit the ability of lenders 
     to provide needed mortgage loans on Native American 
     reservations; and

[[Page H7585]]

       (3) it can take a significant amount of time for certain 
     Bureau of Indian Affairs Land Title and Records Offices to 
     issue final certified title status reports for mortgages 
     issued on Indian trust land under section 184 of the Housing 
     and Community Development Act of 1992 (12 U.S.C. 1715z-13a), 
     which delays the guarantee of the loan by the Department of 
     Housing and Urban Development.
       (b) Documentation Required for Indian Trust Land.--Section 
     184(c) of the Housing and Community Development Act of 1992 
     (12 U.S.C. 1715z-13a(c)) is amended by adding at the end the 
     following:
       ``(5) Trailing documents.--
       ``(A) In general.--The Secretary may issue a certificate of 
     guarantee under this subsection for a loan involving a 
     security interest in Indian trust land before the Secretary 
     receives the trailing documents required by the Secretary 
     from the Bureau of Indian Affairs, including the final 
     certified title status report showing the recordation by the 
     Bureau of Indian Affairs of the mortgage relating to the 
     loan, if the originating lender agrees to indemnify the 
     Secretary for any losses that may result when--
       ``(i) a claim payment is presented to the Secretary due to 
     the default of the borrower on the loan; and
       ``(ii) the required trailing documents are outstanding.
       ``(B) Termination of indemnification agreement.--An 
     indemnification agreement between an originating lender and 
     the Secretary described in subparagraph (A) shall only 
     terminate upon receipt by the Secretary of the trailing 
     documents described in that subparagraph in a form and manner 
     that is acceptable to the Secretary.
       ``(C) Rule of construction.--Nothing in this paragraph 
     shall be construed as authorizing the Bureau of Indian 
     Affairs to delay the issuance of a final certified title 
     status report and recorded mortgage relating to a loan closed 
     on Indian trust land.''.
       (c) Reporting.--The Secretary of Housing and Urban 
     Development shall--
       (1) report to the Committee on Banking, Housing, and Urban 
     Affairs and the Committee on Indian Affairs of the Senate and 
     the Committee on Financial Services and the Committee on 
     Natural Resources of the House of Representatives on a semi-
     annual basis on the progress that the Secretary is making to 
     accelerate the processing of loan applications on fee simple 
     and Indian trust land under section 184 of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a); and
       (2) if there is no improvement in accelerating those 
     processing timelines, submit to the committees described in 
     paragraph (1) a report explaining the lack of improvement.

     SEC. 106. STUDY ON THE PROVISION OF AND RELIANCE UPON 
                   INVESTMENT RESEARCH INTO SMALL ISSUERS.

       (a) Study Required.--The Securities and Exchange Commission 
     shall conduct a study to evaluate the issues affecting the 
     provision of and reliance upon investment research into small 
     issuers, including emerging growth companies and companies 
     considering initial public offerings.
       (b) Contents of Study.--The study required under subsection 
     (a) shall consider--
       (1) factors related to the demand for such research by 
     institutional and retail investors;
       (2) the availability of such research, including--
       (A) the number and types of firms who provide such 
     research;
       (B) the volume of such research over time; and
       (C) competition in the research market;
       (3) conflicts of interest relating to the production and 
     distribution of investment research;
       (4) the costs of such research;
       (5) the impacts of different payment mechanisms for 
     investment research into small issuers, including whether 
     such research is paid for by--
       (A) hard-dollar payments from research clients;
       (B) payments directed from the client's commission income 
     (i.e., ``soft dollars''); or
       (C) payments from the issuer that is the subject of such 
     research;
       (6) any unique challenges faced by minority-owned, women-
     owned, and veteran-owned small issuers in obtaining research 
     coverage; and
       (7) the impact on the availability of research coverage for 
     small issuers due to--
       (A) investment adviser concentration and consolidation, 
     including any potential impacts of fund-size on demand for 
     investment research of small issuers;
       (B) broker and dealer concentration and consolidation, 
     including any relationships between the size of the firm and 
     allocation of resources for investment research into small 
     issuers;
       (C) Securities and Exchange Commission rules;
       (D) registered national securities association rules;
       (E) State and Federal liability concerns;
       (F) the settlement agreements referenced in Securities and 
     Exchange Commission Litigation Release No. 18438 (i.e., the 
     ``Global Research Analyst Settlement''); and
       (G) Directive 2014/65/EU of the European Parliament and of 
     the Council of 15 May 2014 on markets in financial 
     instruments and amending Directive 2002/92/EC and Directive 
     2011/61/EU, as implemented by the European Union (``EU'') 
     member states (``MiFID II'').
       (c) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Securities and 
     Exchange Commission shall submit to Congress a report that 
     includes--
       (1) the results of the study required by subsection (a); 
     and
       (2) recommendations to increase the demand for, volume of, 
     and quality of investment research into small issuers, 
     including emerging growth companies and companies considering 
     initial public offerings.

     SEC. 107. STUDY ON THRESHOLD LIMITS APPLICABLE TO DIVERSIFIED 
                   COMPANIES.

       (a) In General.--The Securities and Exchange Commission 
     shall carry out a study of the 10 per centum threshold 
     limitation applicable to the definition of a diversified 
     company under section 5(b)(1) of the Investment Company Act 
     of 1940 (15 U.S.C. 80a-5(b)(1)) and determine the impacts of 
     such threshold limits upon the protection of investors, 
     efficiency, competition, and capital formation.
       (b) Considerations.--In carrying out the study required 
     under subsection (a), the Commission shall consider the 
     following:
       (1) The size and number of diversified companies that are 
     currently restricted in their ability to own more than 10 
     percent of the voting shares in an individual company.
       (2) How the investing preferences of diversified companies 
     have shifted over time with respect to companies with smaller 
     market capitalizations and companies in industries where 
     competition may be limited.
       (3) The expected impact to small and emerging growth 
     companies regarding the availability of capital, related 
     impacts on investor confidence and risk, and impacts on 
     competition, if the threshold is increased or otherwise 
     changed.
       (4) The ability of registered funds to manage liquidity 
     risk.
       (5) Any other consideration that the Commission considers 
     necessary and appropriate for the protection of investors.
       (c) Solicitation of Public Comments.--In carrying out the 
     study required under subsection (a), the Commission may 
     solicit public comments.
       (d) Report.--Not later than the end of the 180-day period 
     beginning on the date of enactment of this Act, the 
     Commission shall issue a report to the Congress, and make 
     such report publicly available on the website of the 
     Commission, containing--
       (1) all findings and determinations made in carrying out 
     the study required under subsection (a); and
       (2) any legislative recommendations of the Commission.

     SEC. 108. CYBERSECURITY AND FINANCIAL SYSTEM RESILIENCE 
                   REPORT.

       (a) In General.--Not later than the end of the 180-day 
     period beginning on the date of enactment of this Act, and 
     annually thereafter, each banking regulator shall submit a 
     report to the Committee on Financial Services of the House of 
     Representatives and the Committee on Banking, Housing, and 
     Urban Affairs of the Senate that provides a detailed 
     explanation of measures undertaken to strengthen 
     cybersecurity within the financial services sector and with 
     respect to the functions of the regulator, including the 
     supervision and regulation of financial institutions and, 
     where applicable, third-party service providers. Each such 
     report shall specifically include a detailed analysis of--
       (1) policies and procedures (including those described 
     under section 3554(b) of title 44, United States Code) to 
     detect, defend against, and respond to--
       (A) efforts to deny access to or degrade, disrupt, or 
     destroy any information and communications technology system 
     or network, or exfiltrate information from such a system or 
     network without authorization;
       (B) destructive malware attacks;
       (C) denial of service activities; and
       (D) any other efforts that may threaten the functions of 
     the banking regulator or entities overseen by the regulator 
     by undermining cybersecurity and the resilience of the 
     financial system;
       (2) activities to ensure the effective implementation of 
     policies and procedures described under paragraph (1), 
     including--
       (A) the appointment of qualified staff, the provision of 
     staff training, the use of accountability measures to support 
     staff performance, and the designation, if any, of senior 
     appointed leadership to strengthen accountability for 
     oversight of cybersecurity measures within each banking 
     regulator and among regulated entities;
       (B) deployment of adequate resources and technologies;
       (C) efforts of the banking regulators to respond to 
     cybersecurity-related findings and recommendations of the 
     Inspector General of the banking regulator or the independent 
     evaluation described under section 3555 of title 42, United 
     States Code;
       (D) industry efforts to respond to cybersecurity-related 
     findings and recommendations of the banking regulators;
       (E) as appropriate, efforts to strengthen cybersecurity in 
     coordination with other Federal departments and agencies, 
     domestic and foreign financial institutions, and other 
     partners, including the development and dissemination of best 
     practices regarding cybersecurity and the sharing of threat 
     information; and
       (3) any current or emerging threats that are likely to pose 
     a risk to the resilience of the financial system.
       (b) Form of Report.--The report required under subsection 
     (a) shall be submitted in unclassified form, but may include 
     a classified annex, if appropriate.
       (c) Congressional Briefing.--Upon request, the head of each 
     banking regulator shall provide a detailed briefing to the 
     appropriate Members of Congress on each report submitted 
     pursuant to subsection (a), except--
       (1) the Chairman of the Board of Governors of the Federal 
     Reserve System may designate another member of the Board of 
     Governors of the Federal Reserve System to provide such 
     briefing;
       (2) the Chairperson of the Federal Deposit Insurance 
     Corporation may designate another member of the Board of 
     Directors of the Corporation to provide such briefing; and
       (3) the Chairman of the National Credit Union 
     Administration may designate another member

[[Page H7586]]

     of the National Credit Union Administration Board to provide 
     such briefing.
       (d) Definitions.--For the purposes of this section:
       (1) Appropriate members of congress.--The term 
     ``appropriate Members of Congress'' means the following:
       (A) The Chairman and Ranking Member of the Committee on 
     Financial Services of the House of Representatives.
       (B) The Chairman and Ranking Member of the Committee on 
     Banking, Housing, and Urban Affairs of the Senate.
       (2) Banking regulator.--The term ``banking regulator'' 
     means the Board of Governors of the Federal Reserve System, 
     the Comptroller of the Currency, the Federal Deposit 
     Insurance Corporation, and the National Credit Union 
     Administration.
       (3) Senior appointed leadership.--With respect to a banking 
     regulator, the term ``senior appointed leadership'' means a 
     position that requires Senate confirmation.
       (e) Sunset.--The provisions of this section shall have no 
     force or effect on or after the date that is 7 years after 
     the date of enactment of this Act.

                    TITLE II--INTELLECTUAL PROPERTY

                         Subtitle A--Copyrights

     SEC. 211. UNAUTHORIZED STREAMING.

       (a) Amendment.--Chapter 113 of title 18, United States 
     Code, is amended by inserting after section 2319B the 
     following:

     ``Sec. 2319C. Illicit digital transmission services

       ``(a) Definitions.--In this section--
       ``(1) the terms `audiovisual work', `computer program', 
     `copies', `copyright owner', `digital transmission', 
     `financial gain', `motion picture', `motion picture 
     exhibition facility', `perform', `phonorecords', `publicly' 
     (with respect to performing a work), `sound recording', and 
     `transmit' have the meanings given those terms in section 101 
     of title 17;
       ``(2) the term `digital transmission service' means a 
     service that has the primary purpose of publicly performing 
     works by digital transmission;
       ``(3) the terms `publicly perform' and `public performance' 
     refer to the exclusive rights of a copyright owner under 
     paragraphs (4) and (6) of section 106 (relating to exclusive 
     rights in copyrighted works) of title 17, as limited by 
     sections 107 through 122 of title 17; and
       ``(4) the term `work being prepared for commercial public 
     performance' means--
       ``(A) a computer program, a musical work, a motion picture 
     or other audiovisual work, or a sound recording, if, at the 
     time of unauthorized public performance--
       ``(i) the copyright owner has a reasonable expectation of 
     commercial public performance; and
       ``(ii) the copies or phonorecords of the work have not been 
     commercially publicly performed in the United States by or 
     with the authorization of the copyright owner; or
       ``(B) a motion picture, if, at the time of unauthorized 
     public performance, the motion picture--
       ``(i)(I) has been made available for viewing in a motion 
     picture exhibition facility; and
       ``(II) has not been made available in copies for sale to 
     the general public in the United States by or with the 
     authorization of the copyright owner in a format intended to 
     permit viewing outside a motion picture exhibition facility; 
     or
       ``(ii) had not been commercially publicly performed in the 
     United States by or with the authorization of the copyright 
     owner more than 24 hours before the unauthorized public 
     performance.
       ``(b) Prohibited Act.--It shall be unlawful for a person to 
     willfully, and for purposes of commercial advantage or 
     private financial gain, offer or provide to the public a 
     digital transmission service that--
       ``(1) is primarily designed or provided for the purpose of 
     publicly performing works protected under title 17 by means 
     of a digital transmission without the authority of the 
     copyright owner or the law;
       ``(2) has no commercially significant purpose or use other 
     than to publicly perform works protected under title 17 by 
     means of a digital transmission without the authority of the 
     copyright owner or the law; or
       ``(3) is intentionally marketed by or at the direction of 
     that person to promote its use in publicly performing works 
     protected under title 17 by means of a digital transmission 
     without the authority of the copyright owner or the law.
       ``(c) Penalties.--Any person who violates subsection (b) 
     shall be, in addition to any penalties provided for under 
     title 17 or any other law--
       ``(1) fined under this title, imprisoned not more than 3 
     years, or both;
       ``(2) fined under this title, imprisoned not more than 5 
     years, or both, if--
       ``(A) the offense was committed in connection with 1 or 
     more works being prepared for commercial public performance; 
     and
       ``(B) the person knew or should have known that the work 
     was being prepared for commercial public performance; and
       ``(3) fined under this title, imprisoned not more than 10 
     years, or both, if the offense is a second or subsequent 
     offense under this section or section 2319(a).
       ``(d) Rule of Construction.--Nothing in this section shall 
     be construed to--
       ``(1) affect the interpretation of any other provision of 
     civil copyright law, including the limitations of liability 
     set forth in section 512 of title 17, or principles of 
     secondary liability; or
       ``(2) prevent any Federal or State authority from enforcing 
     cable theft or theft of service laws that are not subject to 
     preemption under section 301 of title 17.''.
       (b) Table of Sections Amendment.--The table of section for 
     chapter 113 of title 18, United States Code, is amended by 
     inserting after the item relating to section 2319B the 
     following:

``2319C. Illicit digital transmission services.''.

     SEC. 212. COPYRIGHT SMALL CLAIMS.

       (a) Short Title.--This section may be cited as the 
     ``Copyright Alternative in Small-Claims Enforcement Act of 
     2020'' or the ``CASE Act of 2020''.
       (b) Amendment.--Title 17, United States Code, is amended by 
     adding at the end the following:

                  ``CHAPTER 15--COPYRIGHT SMALL CLAIMS

``1501. Definitions.
``1502. Copyright Claims Board.
``1503. Authority and duties of the Copyright Claims Board.
``1504. Nature of proceedings.
``1505. Registration requirement.
``1506. Conduct of proceedings.
``1507. Effect of proceeding.
``1508. Review and confirmation by district court.
``1509. Relationship to other district court actions.
``1510. Implementation by Copyright Office.
``1511. Funding.

     ``Sec. 1501. Definitions

       ``In this chapter--
       ``(1) the term `claimant' means the real party in interest 
     that commences a proceeding before the Copyright Claims Board 
     under section 1506(e), pursuant to a permissible claim of 
     infringement brought under section 1504(c)(1), 
     noninfringement brought under section 1504(c)(2), or 
     misrepresentation brought under section 1504(c)(3);
       ``(2) the term `counterclaimant' means a respondent in a 
     proceeding before the Copyright Claims Board that--
       ``(A) asserts a permissible counterclaim under section 
     1504(c)(4) against the claimant in the proceeding; and
       ``(B) is the real party in interest with respect to the 
     counterclaim described in subparagraph (A);
       ``(3) the term `party'--
       ``(A) means a party; and
       ``(B) includes the attorney of a party, as applicable; and
       ``(4) the term `respondent' means any person against whom a 
     proceeding is brought before the Copyright Claims Board under 
     section 1506(e), pursuant to a permissible claim of 
     infringement brought under section 1504(c)(1), 
     noninfringement brought under section 1504(c)(2), or 
     misrepresentation brought under section 1504(c)(3).

     ``Sec. 1502. Copyright Claims Board

       ``(a) In General.--There is established in the Copyright 
     Office the Copyright Claims Board, which shall serve as an 
     alternative forum in which parties may voluntarily seek to 
     resolve certain copyright claims regarding any category of 
     copyrighted work, as provided in this chapter.
       ``(b) Officers and Staff.--
       ``(1) Copyright claims officers.--The Register of 
     Copyrights shall recommend 3 full-time Copyright Claims 
     Officers to serve on the Copyright Claims Board in accordance 
     with paragraph (3)(A). The Officers shall be appointed by the 
     Librarian of Congress to such positions after consultation 
     with the Register of Copyrights. 
       ``(2) Copyright claims attorneys.--The Register of 
     Copyrights shall hire not fewer than 2 full-time Copyright 
     Claims Attorneys to assist in the administration of the 
     Copyright Claims Board.
       ``(3) Qualifications.--
       ``(A) Copyright claims officers.--
       ``(i) In general.--Each Copyright Claims Officer shall be 
     an attorney who has not fewer than 7 years of legal 
     experience.
       ``(ii) Experience.--Two of the Copyright Claims Officers 
     shall--

       ``(I) have substantial experience in the evaluation, 
     litigation, or adjudication of copyright infringement claims; 
     and
       ``(II) between those 2 Officers, have represented or 
     presided over a diversity of copyright interests, including 
     those of both owners and users of copyrighted works.

       ``(iii) Alternative dispute resolution.--The Copyright 
     Claims Officer not described in clause (ii) shall have 
     substantial familiarity with copyright law and experience in 
     the field of alternative dispute resolution, including the 
     resolution of litigation matters through that method of 
     resolution.
       ``(B) Copyright claims attorneys.--Each Copyright Claims 
     Attorney shall be an attorney who has not fewer than 3 years 
     of substantial experience in copyright law.
       ``(4) Compensation.--
       ``(A) Copyright claims officers.--
       ``(i) Definition.--In this subparagraph, the term `senior 
     level employee of the Federal Government' means an employee, 
     other than an employee in the Senior Executive Service, the 
     position of whom is classified above GS-15 of the General 
     Schedule.
       ``(ii) Pay range.--Each Copyright Claims Officer shall be 
     compensated at a rate of pay that is not less than the 
     minimum, and not more than the maximum, rate of pay payable 
     for senior level employees of the Federal Government, 
     including locality pay, as applicable.
       ``(B) Copyright claims attorneys.--Each Copyright Claims 
     Attorney shall be compensated at a rate of pay that is not 
     more than the maximum rate of pay payable for level 10 of GS-
     15 of the General Schedule, including locality pay, as 
     applicable.
       ``(5) Terms.--
       ``(A) In general.--Subject to subparagraph (B), a Copyright 
     Claims Officer shall serve for a renewable term of 6 years.
       ``(B) Initial terms.--The terms for the first Copyright 
     Claims Officers appointed under this chapter shall be as 
     follows:
       ``(i) The first such Copyright Claims Officer appointed 
     shall be appointed for a term of 4 years.

[[Page H7587]]

       ``(ii) The second Copyright Claims Officer appointed shall 
     be appointed for a term of 5 years.
       ``(iii) The third Copyright Claims Officer appointed shall 
     be appointed for a term of 6 years.
       ``(6) Vacancies and incapacity.--
       ``(A) Vacancy.--
       ``(i) In general.--If a vacancy occurs in the position of a 
     Copyright Claims Officer, the Librarian of Congress shall, 
     upon the recommendation of, and in consultation with, the 
     Register of Copyrights, act expeditiously to appoint a 
     Copyright Claims Officer for that position.
       ``(ii) Vacancy before expiration.--An individual appointed 
     to fill a vacancy occurring before the expiration of the term 
     for which the predecessor of the individual was appointed 
     shall be appointed to serve a 6-year term.
       ``(B) Incapacity.--If a Copyright Claims Officer is 
     temporarily unable to perform the duties of the Officer, the 
     Librarian of Congress shall, upon recommendation of, and in 
     consultation with, the Register of Copyrights, act 
     expeditiously to appoint an interim Copyright Claims Officer 
     to perform such duties during the period of such incapacity.
       ``(7) Sanction or removal.--Subject to section 1503(b), the 
     Librarian of Congress may sanction or remove a Copyright 
     Claims Officer.
       ``(8) Administrative support.--The Register of Copyrights 
     shall provide the Copyright Claims Officers and Copyright 
     Claims Attorneys with necessary administrative support, 
     including technological facilities, to carry out the duties 
     of the Officers and Attorneys under this chapter.
       ``(9) Location of copyright claims board.--The offices and 
     facilities of the Copyright Claims Officers and Copyright 
     Claims Attorneys shall be located at the Copyright Office.

     ``Sec. 1503. Authority and duties of the Copyright Claims 
       Board

       ``(a) Functions.--
       ``(1) Copyright claims officers.--Subject to the provisions 
     of this chapter and applicable regulations, the functions of 
     the Copyright Claims Officers shall be as follows:
       ``(A) To render determinations on the civil copyright 
     claims, counterclaims, and defenses that may be brought 
     before the Officers under this chapter.
       ``(B) To ensure that claims, counterclaims, and defenses 
     are properly asserted and otherwise appropriate for 
     resolution by the Copyright Claims Board.
       ``(C) To manage the proceedings before the Officers and 
     render rulings pertaining to the consideration of claims, 
     counterclaims, and defenses, including with respect to 
     scheduling, discovery, evidentiary, and other matters.
       ``(D) To request, from participants and nonparticipants in 
     a proceeding, the production of information and documents 
     relevant to the resolution of a claim, counterclaim, or 
     defense.
       ``(E) To conduct hearings and conferences.
       ``(F) To facilitate the settlement by the parties of claims 
     and counterclaims.
       ``(G) To--
       ``(i) award monetary relief; and
       ``(ii) include in the determinations of the Officers a 
     requirement that certain activities under section 1504(e)(2) 
     cease or be mitigated, if the party to undertake the 
     applicable measure has so agreed.
       ``(H) To provide information to the public concerning the 
     procedures and requirements of the Copyright Claims Board.
       ``(I) To maintain records of the proceedings before the 
     Officers, certify official records of such proceedings as 
     needed, and, as provided in section 1506(t), make the records 
     in such proceedings available to the public.
       ``(J) To carry out such other duties as are set forth in 
     this chapter.
       ``(K) When not engaged in performing the duties of the 
     Officers set forth in this chapter, to perform such other 
     duties as may be assigned by the Register of Copyrights.
       ``(2) Copyright claims attorneys.--Subject to the 
     provisions of this chapter and applicable regulations, the 
     functions of the Copyright Claims Attorneys shall be as 
     follows:
       ``(A) To provide assistance to the Copyright Claims 
     Officers in the administration of the duties of those 
     Officers under this chapter.
       ``(B) To provide assistance to members of the public with 
     respect to the procedures and requirements of the Copyright 
     Claims Board.
       ``(C) To provide information to potential claimants 
     contemplating bringing a permissible action before the 
     Copyright Claims Board about obtaining a subpoena under 
     section 512(h) for the sole purpose of identifying a 
     potential respondent in such an action.
       ``(D) When not engaged in performing the duties of the 
     Attorneys set forth in this chapter, to perform such other 
     duties as may be assigned by the Register of Copyrights.
       ``(b) Independence in Determinations.--
       ``(1) In general.--The Copyright Claims Board shall render 
     the determinations of the Board in individual proceedings 
     independently on the basis of the records in the proceedings 
     before it and in accordance with the provisions of this 
     title, judicial precedent, and applicable regulations of the 
     Register of Copyrights.
       ``(2) Consultation.--The Copyright Claims Officers and 
     Copyright Claims Attorneys--
       ``(A) may consult with the Register of Copyrights on 
     general issues of law; and
       ``(B) subject to section 1506(x), may not consult with the 
     Register of Copyrights with respect to--
       ``(i) the facts of any particular matter pending before the 
     Officers and the Attorneys; or
       ``(ii) the application of law to the facts described in 
     clause (i).
       ``(3) Performance appraisals.--Notwithstanding any other 
     provision of law or any regulation or policy of the Library 
     of Congress or Register of Copyrights, any performance 
     appraisal of a Copyright Claims Officer or Copyright Claims 
     Attorney may not consider the substantive result of any 
     individual determination reached by the Copyright Claims 
     Board as a basis for appraisal except to the extent that the 
     result may relate to any actual or alleged violation of an 
     ethical standard of conduct.
       ``(c) Direction by Register.--Subject to subsection (b), 
     the Copyright Claims Officers and Copyright Claims Attorneys 
     shall, in the administration of their duties, be under the 
     general direction of the Register of Copyrights.
       ``(d) Inconsistent Duties Barred.--A Copyright Claims 
     Officer or Copyright Claims Attorney may not undertake any 
     duty that conflicts with the duties of the Officer or 
     Attorney in connection with the Copyright Claims Board.
       ``(e) Recusal.--A Copyright Claims Officer or Copyright 
     Claims Attorney shall recuse himself or herself from 
     participation in any proceeding with respect to which the 
     Copyright Claims Officer or Copyright Claims Attorney, as the 
     case may be, has reason to believe that he or she has a 
     conflict of interest.
       ``(f) Ex Parte Communications.--Except as may otherwise be 
     permitted by applicable law, any party to a proceeding before 
     the Copyright Claims Board shall refrain from ex parte 
     communications with the Copyright Claims Officers and the 
     Register of Copyrights concerning the substance of any active 
     or pending proceeding before the Copyright Claims Board.
       ``(g) Judicial Review.--Actions of the Copyright Claims 
     Officers and Register of Copyrights under this chapter in 
     connection with the rendering of any determination are 
     subject to judicial review as provided under section 1508(c) 
     and not under chapter 7 of title 5.

     ``Sec. 1504. Nature of proceedings

       ``(a) Voluntary Participation.--Participation in a 
     Copyright Claims Board proceeding shall be on a voluntary 
     basis in accordance with this chapter, and the right of any 
     party to instead pursue a claim, counterclaim, or defense in 
     a district court of the United States, any other court, or 
     any other forum, and to seek a jury trial, shall be 
     preserved. The rights, remedies, and limitations under this 
     section may not be waived except in accordance with this 
     chapter.
       ``(b) Statute of Limitations.--
       ``(1) In general.--A proceeding may not be maintained 
     before the Copyright Claims Board unless the proceeding is 
     commenced, in accordance with section 1506(e), before the 
     Copyright Claims Board not later than 3 years after the claim 
     accrued.
       ``(2) Tolling.--Subject to section 1507(a), a proceeding 
     commenced before the Copyright Claims Board shall toll the 
     time permitted under section 507(b) for the commencement of 
     an action on the same claim in a district court of the United 
     States during the period in which the proceeding is pending.
       ``(c) Permissible Claims, Counterclaims, and Defenses.--The 
     Copyright Claims Board may render determinations with respect 
     to the following claims, counterclaims, and defenses, subject 
     to such further limitations and requirements, including with 
     respect to particular classes of works, as may be set forth 
     in regulations established by the Register of Copyrights:
       ``(1) A claim for infringement of an exclusive right in a 
     copyrighted work provided under section 106 by the legal or 
     beneficial owner of the exclusive right at the time of the 
     infringement for which the claimant seeks damages, if any, 
     within the limitations set forth in subsection (e)(1).
       ``(2) A claim for a declaration of noninfringement of an 
     exclusive right in a copyrighted work provided under section 
     106, consistent with section 2201 of title 28.
       ``(3) A claim under section 512(f) for misrepresentation in 
     connection with a notification of claimed infringement or a 
     counter notification seeking to replace removed or disabled 
     material, except that any remedies relating to such a claim 
     in a proceeding before the Copyright Claims Board shall be 
     limited to those available under this chapter.
       ``(4) A counterclaim that is asserted solely against the 
     claimant in a proceeding--
       ``(A) pursuant to which the counterclaimant seeks damages, 
     if any, within the limitations set forth in subsection 
     (e)(1); and
       ``(B) that--
       ``(i) arises under section 106 or section 512(f) and out of 
     the same transaction or occurrence that is the subject of a 
     claim of infringement brought under paragraph (1), a claim of 
     noninfringement brought under paragraph (2), or a claim of 
     misrepresentation brought under paragraph (3); or
       ``(ii) arises under an agreement pertaining to the same 
     transaction or occurrence that is the subject of a claim of 
     infringement brought under paragraph (1), if the agreement 
     could affect the relief awarded to the claimant.
       ``(5) A legal or equitable defense under this title or 
     otherwise available under law, in response to a claim or 
     counterclaim asserted under this subsection.
       ``(6) A single claim or multiple claims permitted under 
     paragraph (1), (2), or (3) by 1 or more claimants against 1 
     or more respondents, but only if all claims asserted in any 1 
     proceeding arise out of the same allegedly infringing 
     activity or continuous course of infringing activities and do 
     not, in the aggregate, result in the recovery of such claim 
     or claims for damages that exceed the limitations under 
     subsection (e)(1).
       ``(d) Excluded Claims.--The following claims and 
     counterclaims are not subject to determination by the 
     Copyright Claims Board:
       ``(1) A claim or counterclaim that is not a permissible 
     claim or counterclaim under subsection (c).

[[Page H7588]]

       ``(2) A claim or counterclaim that has been finally 
     adjudicated by a court of competent jurisdiction or that is 
     pending before a court of competent jurisdiction, unless that 
     court has granted a stay to permit that claim or counterclaim 
     to proceed before the Copyright Claims Board.
       ``(3) A claim or counterclaim by or against a Federal or 
     State governmental entity.
       ``(4) A claim or counterclaim asserted against a person or 
     entity residing outside of the United States, except in a 
     case in which the person or entity initiated the proceeding 
     before the Copyright Claims Board and is subject to 
     counterclaims under this chapter.
       ``(e) Permissible Remedies.--
       ``(1) Monetary recovery.--
       ``(A) Actual damages, profits, and statutory damages for 
     infringement.--With respect to a claim or counterclaim for 
     infringement of copyright, and subject to the limitation on 
     total monetary recovery under subparagraph (D), the Copyright 
     Claims Board may award either of the following:
       ``(i) Actual damages and profits determined in accordance 
     with section 504(b), with that award taking into 
     consideration, in appropriate cases, whether the infringing 
     party has agreed to cease or mitigate the infringing activity 
     under paragraph (2).
       ``(ii) Statutory damages, which shall be determined in 
     accordance with section 504(c), subject to the following 
     conditions:

       ``(I) With respect to works timely registered under section 
     412, so that the works are eligible for an award of statutory 
     damages in accordance with that section, the statutory 
     damages may not exceed $15,000 for each work infringed.
       ``(II) With respect to works not timely registered under 
     section 412, but eligible for an award of statutory damages 
     under this section, statutory damages may not exceed $7,500 
     per work infringed, or a total of $15,000 in any 1 
     proceeding.
       ``(III) The Copyright Claims Board may not make any finding 
     that, or consider whether, the infringement was committed 
     willfully in making an award of statutory damages.
       ``(IV) The Copyright Claims Board may consider, as an 
     additional factor in awarding statutory damages, whether the 
     infringer has agreed to cease or mitigate the infringing 
     activity under paragraph (2).

       ``(B) Election of damages.--With respect to a claim or 
     counterclaim of infringement, at any time before final 
     determination is rendered, and notwithstanding the schedule 
     established by the Copyright Claims Board under section 
     1506(k), the claimant or counterclaimant shall elect--
       ``(i) to recover actual damages and profits or statutory 
     damages under subparagraph (A); or
       ``(ii) not to recover damages.
       ``(C) Damages for other claims.--Damages for claims and 
     counterclaims other than infringement claims, such as those 
     brought under section 512(f), shall be subject to the 
     limitation under subparagraph (D).
       ``(D) Limitation on total monetary recovery.--
     Notwithstanding any other provision of law, a party that 
     pursues any 1 or more claims or counterclaims in any single 
     proceeding before the Copyright Claims Board may not seek or 
     recover in that proceeding a total monetary recovery that 
     exceeds the sum of $30,000, exclusive of any attorneys' fees 
     and costs that may be awarded under section 1506(y)(2).
       ``(2) Agreement to cease certain activity.--In a 
     determination of the Copyright Claims Board, the Board shall 
     include a requirement to cease conduct if, in the proceeding 
     relating to the determination--
       ``(A) a party agrees--
       ``(i) to cease activity that is found to be infringing, 
     including removing or disabling access to, or destroying, 
     infringing materials; or
       ``(ii) to cease sending a takedown notice or counter notice 
     under section 512 to the other party regarding the conduct at 
     issue before the Board if that notice or counter notice was 
     found to be a knowing material misrepresentation under 
     section 512(f); and
       ``(B) the agreement described in subparagraph (A) is 
     reflected in the record for the proceeding.
       ``(3) Attorneys' fees and costs.--Notwithstanding any other 
     provision of law, except in the case of bad faith conduct as 
     provided in section 1506(y)(2), the parties to proceedings 
     before the Copyright Claims Board shall bear their own 
     attorneys' fees and costs.
       ``(f) Joint and Several Liability.--Parties to a proceeding 
     before the Copyright Claims Board may be found jointly and 
     severally liable if all such parties and relevant claims or 
     counterclaims arise from the same activity or activities.
       ``(g) Permissible Number of Cases.--The Register of 
     Copyrights may establish regulations relating to the 
     permitted number of proceedings each year by the same 
     claimant under this chapter, in the interests of justice and 
     the administration of the Copyright Claims Board. 

     ``Sec. 1505. Registration requirement

       ``(a) Application or Certificate.--A claim or counterclaim 
     alleging infringement of an exclusive right in a copyrighted 
     work may not be asserted before the Copyright Claims Board 
     unless--
       ``(1) the legal or beneficial owner of the copyright has 
     first delivered a completed application, a deposit, and the 
     required fee for registration of the copyright to the 
     Copyright Office; and
       ``(2) a registration certificate has either been issued or 
     has not been refused.
       ``(b) Certificate of Registration.--Notwithstanding any 
     other provision of law, a claimant or counterclaimant in a 
     proceeding before the Copyright Claims Board shall be 
     eligible to recover actual damages and profits or statutory 
     damages under this chapter for infringement of a work if the 
     requirements of subsection (a) have been met, except that--
       ``(1) the Copyright Claims Board may not render a 
     determination in the proceeding until--
       ``(A) a registration certificate with respect to the work 
     has been issued by the Copyright Office, submitted to the 
     Copyright Claims Board, and made available to the other 
     parties to the proceeding; and
       ``(B) the other parties to the proceeding have been 
     provided an opportunity to address the registration 
     certificate;
       ``(2) if the proceeding may not proceed further because a 
     registration certificate for the work is pending, the 
     proceeding shall be held in abeyance pending submission of 
     the certificate to the Copyright Claims Board, except that, 
     if the proceeding is held in abeyance for more than 1 year, 
     the Copyright Claims Board may, upon providing written notice 
     to the parties to the proceeding, and 30 days to the parties 
     to respond to the notice, dismiss the proceeding without 
     prejudice; and
       ``(3) if the Copyright Claims Board receives notice that 
     registration with respect to the work has been refused, the 
     proceeding shall be dismissed without prejudice.
       ``(c) Presumption.--In a case in which a registration 
     certificate shows that registration with respect to a work 
     was issued not later than 5 years after the date of the first 
     publication of the work, the presumption under section 410(c) 
     shall apply in a proceeding before the Copyright Claims 
     Board, in addition to relevant principles of law under this 
     title.
       ``(d) Regulations.--In order to ensure that actions before 
     the Copyright Claims Board proceed in a timely manner, the 
     Register of Copyrights shall establish regulations allowing 
     the Copyright Office to make a decision, on an expedited 
     basis, to issue or deny copyright registration for an 
     unregistered work that is at issue before the Board.

     ``Sec. 1506. Conduct of proceedings

       ``(a) In General.--
       ``(1) Applicable law.--Proceedings of the Copyright Claims 
     Board shall be conducted in accordance with this chapter and 
     regulations established by the Register of Copyrights under 
     this chapter, in addition to relevant principles of law under 
     this title.
       ``(2) Conflicting precedent.--If it appears that there may 
     be conflicting judicial precedent on an issue of substantive 
     copyright law that cannot be reconciled, the Copyright Claims 
     Board shall follow the law of the Federal jurisdiction in 
     which the action could have been brought if filed in a 
     district court of the United States, or, if the action could 
     have been brought in more than 1 such jurisdiction, the 
     jurisdiction that the Copyright Claims Board determines has 
     the most significant ties to the parties and conduct at 
     issue.
       ``(b) Record.--The Copyright Claims Board shall maintain 
     records documenting the proceedings before the Board.
       ``(c) Centralized Process.--Proceedings before the 
     Copyright Claims Board shall--
       ``(1) be conducted at the offices of the Copyright Claims 
     Board without the requirement of in-person appearances by 
     parties or others; and
       ``(2) take place by means of written submissions, hearings, 
     and conferences carried out through internet-based 
     applications and other telecommunications facilities, except 
     that, in cases in which physical or other nontestimonial 
     evidence material to a proceeding cannot be furnished to the 
     Copyright Claims Board through available telecommunications 
     facilities, the Copyright Claims Board may make alternative 
     arrangements for the submission of such evidence that do not 
     prejudice any other party to the proceeding.
       ``(d) Representation.--A party to a proceeding before the 
     Copyright Claims Board may be, but is not required to be, 
     represented by--
       ``(1) an attorney; or
       ``(2) a law student who is qualified under applicable law 
     governing representation by law students of parties in legal 
     proceedings and who provides such representation on a pro 
     bono basis.
       ``(e) Commencement of Proceeding.--In order to commence a 
     proceeding under this chapter, a claimant shall, subject to 
     such additional requirements as may be prescribed in 
     regulations established by the Register of Copyrights, file a 
     claim with the Copyright Claims Board, that--
       ``(1) includes a statement of material facts in support of 
     the claim;
       ``(2) is certified under subsection (y)(1); and
       ``(3) is accompanied by a filing fee in such amount as may 
     be prescribed in regulations established by the Register of 
     Copyrights.
       ``(f) Review of Claims and Counterclaims.--
       ``(1) Claims.--Upon the filing of a claim under subsection 
     (e), the claim shall be reviewed by a Copyright Claims 
     Attorney to ensure that the claim complies with this chapter 
     and applicable regulations, subject to the following:
       ``(A) If the claim is found to comply, the claimant shall 
     be notified regarding that compliance and instructed to 
     proceed with service of the claim under subsection (g).
       ``(B) If the claim is found not to comply, the claimant 
     shall be notified that the claim is deficient and be 
     permitted to file an amended claim not later than 30 days 
     after the date on which the claimant receives the notice, 
     without the requirement of an additional filing fee. If the 
     claimant files a compliant claim within that 30-day period, 
     the claimant shall be so notified and be instructed to 
     proceed with service of the claim. If the claim is refiled 
     within that 30-day period and still fails to comply, the 
     claimant shall again be notified that the claim is deficient 
     and shall be provided a second opportunity to amend the claim 
     not later than 30 days after the date of that second notice, 
     without the requirement of an additional filing fee. If the 
     claim is refiled again within that second 30-day period and 
     is compliant, the claimant shall be so notified and shall be 
     instructed to proceed with service of the claim, but if the 
     claim still fails to

[[Page H7589]]

     comply, upon confirmation of such noncompliance by a 
     Copyright Claims Officer, the proceeding shall be dismissed 
     without prejudice. The Copyright Claims Board shall also 
     dismiss without prejudice any proceeding in which a compliant 
     claim is not filed within the applicable 30-day period.
       ``(C)(i) Subject to clause (ii), for purposes of this 
     paragraph, a claim against an online service provider for 
     infringement by reason of the storage of or referral or 
     linking to infringing material that may be subject to the 
     limitations on liability set forth in subsection (b), (c), or 
     (d) of section 512 shall be considered noncompliant unless 
     the claimant affirms in the statement required under 
     subsection (e)(1) of this section that the claimant has 
     previously notified the service provider of the claimed 
     infringement in accordance with subsection (b)(2)(E), (c)(3), 
     or (d)(3) of section 512, as applicable, and the service 
     provider failed to remove or disable access to the material 
     expeditiously upon the provision of such notice.
       ``(ii) If a claim is found to be noncompliant under clause 
     (i), the Copyright Claims Board shall provide the claimant 
     with information concerning the service of such a notice 
     under the applicable provision of section 512.
       ``(2) Counterclaims.--Upon the filing and service of a 
     counterclaim, the counterclaim shall be reviewed by a 
     Copyright Claims Attorney to ensure that the counterclaim 
     complies with the provisions of this chapter and applicable 
     regulations. If the counterclaim is found not to comply, the 
     counterclaimant and the other parties to the proceeding shall 
     be notified that the counterclaim is deficient, and the 
     counterclaimant shall be permitted to file and serve an 
     amended counterclaim not later than 30 days after the date of 
     such notice. If the counterclaimant files and serves a 
     compliant counterclaim within that 30-day period, the 
     counterclaimant and such other parties shall be so notified. 
     If the counterclaim is refiled and served within that 30-day 
     period but still fails to comply, the counterclaimant and 
     such other parties shall again be notified that the 
     counterclaim is deficient, and the counterclaimant shall be 
     provided a second opportunity to amend the counterclaim not 
     later than 30 days after the date of the second notice. If 
     the counterclaim is refiled and served again within that 
     second 30-day period and is compliant, the counterclaimant 
     and such other parties shall be so notified, but if the 
     counterclaim still fails to comply, upon confirmation of such 
     noncompliance by a Copyright Claims Officer, the 
     counterclaim, but not the proceeding, shall be dismissed 
     without prejudice.
       ``(3) Dismissal for unsuitability.--The Copyright Claims 
     Board shall dismiss a claim or counterclaim without prejudice 
     if, upon reviewing the claim or counterclaim, or at any other 
     time in the proceeding, the Copyright Claims Board concludes 
     that the claim or counterclaim is unsuitable for 
     determination by the Copyright Claims Board, including on 
     account of any of the following:
       ``(A) The failure to join a necessary party.
       ``(B) The lack of an essential witness, evidence, or expert 
     testimony.
       ``(C) The determination of a relevant issue of law or fact 
     that could exceed either the number of proceedings the 
     Copyright Claims Board could reasonably administer or the 
     subject matter competence of the Copyright Claims Board.
       ``(g) Service of Notice and Claims.--In order to proceed 
     with a claim against a respondent, a claimant shall, not 
     later than 90 days after receiving notification under 
     subsection (f) to proceed with service, file with the 
     Copyright Claims Board proof of service on the respondent. In 
     order to effectuate service on a respondent, the claimant 
     shall cause notice of the proceeding and a copy of the claim 
     to be served on the respondent, either by personal service or 
     pursuant to a waiver of personal service, as prescribed in 
     regulations established by the Register of Copyrights. Such 
     regulations shall include the following requirements:
       ``(1) The notice of the proceeding shall adhere to a 
     prescribed form and shall set forth the nature of the 
     Copyright Claims Board and proceeding, the right of the 
     respondent to opt out, and the consequences of opting out and 
     not opting out, including a prominent statement that, by not 
     opting out within 60 days after receiving the notice, the 
     respondent--
       ``(A) loses the opportunity to have the dispute decided by 
     a court created under article III of the Constitution of the 
     United States; and
       ``(B) waives the right to a jury trial regarding the 
     dispute.
       ``(2) The copy of the claim served on the respondent shall 
     be the same as the claim that was filed with the Copyright 
     Claims Board.
       ``(3) Personal service of a notice and claim may be 
     effected by an individual who is not a party to the 
     proceeding and is older than 18 years of age.
       ``(4) An individual, other than a minor or incompetent 
     individual, may be served by--
       ``(A) complying with State law for serving a summons in an 
     action brought in courts of general jurisdiction in the State 
     where service is made;
       ``(B) delivering a copy of the notice and claim to the 
     individual personally;
       ``(C) leaving a copy of the notice and claim at the 
     individual's dwelling or usual place of abode with someone of 
     suitable age and discretion who resides there; or
       ``(D) delivering a copy of the notice and claim to an agent 
     designated by the respondent to receive service of process 
     or, if not so designated, an agent authorized by appointment 
     or by law to receive service of process.
       ``(5)(A) A corporation, partnership, or unincorporated 
     association that is subject to suit in courts of general 
     jurisdiction under a common name shall be served by 
     delivering a copy of the notice and claim to its service 
     agent. If such service agent has not been designated, service 
     shall be accomplished--
       ``(i) by complying with State law for serving a summons in 
     an action brought in courts of general jurisdiction in the 
     State where service is made; or
       ``(ii) by delivering a copy of the notice and claim to an 
     officer, a managing or general agent, or any other agent 
     authorized by appointment or by law to receive service of 
     process in an action brought in courts of general 
     jurisdiction in the State where service is made and, if the 
     agent is one authorized by statute and the statute so 
     requires, by also mailing a copy of the notice and claim to 
     the respondent.
       ``(B) A corporation, partnership, or unincorporated 
     association that is subject to suit in courts of general 
     jurisdiction under a common name may elect to designate a 
     service agent to receive notice of a claim against it before 
     the Copyright Claims Board by complying with requirements 
     that the Register of Copyrights shall establish by 
     regulation. The Register of Copyrights shall maintain a 
     current directory of service agents that is available to the 
     public for inspection, including through the internet, and 
     may require such corporations, partnerships, and 
     unincorporated associations designating such service agents 
     to pay a fee to cover the costs of maintaining the directory.
       ``(6) In order to request a waiver of personal service, the 
     claimant may notify a respondent, by first class mail or by 
     other reasonable means, that a proceeding has been commenced, 
     such notice to be made in accordance with regulations 
     established by the Register of Copyrights, subject to the 
     following:
       ``(A) Any such request shall be in writing, shall be 
     addressed to the respondent, and shall be accompanied by a 
     prescribed notice of the proceeding, a copy of the claim as 
     filed with the Copyright Claims Board, a prescribed form for 
     waiver of personal service, and a prepaid or other means of 
     returning the form without cost.
       ``(B) The request shall state the date on which the request 
     is sent, and shall provide the respondent a period of 30 
     days, beginning on the date on which the request is sent, to 
     return the waiver form signed by the respondent. The signed 
     waiver form shall, for purposes of this subsection, 
     constitute acceptance and proof of service as of the date on 
     which the waiver is signed.
       ``(7)(A) A respondent's waiver of personal service shall 
     not constitute a waiver of the respondent's right to opt out 
     of the proceeding.
       ``(B) A respondent who timely waives personal service under 
     paragraph (6) and does not opt out of the proceeding shall be 
     permitted a period of 30 days, in addition to the period 
     otherwise permitted under the applicable procedures of the 
     Copyright Claims Board, to submit a substantive response to 
     the claim, including any defenses and counterclaims.
       ``(8) A minor or an incompetent individual may only be 
     served by complying with State law for serving a summons or 
     like process on such an individual in an action brought in 
     the courts of general jurisdiction of the State where service 
     is made.
       ``(9) Service of a claim and waiver of personal service may 
     only be effected within the United States.
       ``(h) Notification by Copyright Claims Board.--The Register 
     of Copyrights shall establish regulations providing for a 
     written notification to be sent by, or on behalf of, the 
     Copyright Claims Board to notify the respondent of a pending 
     proceeding against the respondent, as set forth in those 
     regulations, which shall--
       ``(1) include information concerning the respondent's right 
     to opt out of the proceeding, the consequences of opting out 
     and not opting out, and a prominent statement that, by not 
     opting out within 60 days after the date of service under 
     subsection (g), the respondent loses the opportunity to have 
     the dispute decided by a court created under article III of 
     the Constitution of the United States and waives the right to 
     a jury trial regarding the dispute; and
       ``(2) be in addition to, and separate and apart from, the 
     notice requirements under subsection (g).
       ``(i) Opt-Out Procedure.--Upon being properly served with a 
     notice and claim, a respondent who chooses to opt out of the 
     proceeding shall have a period of 60 days, beginning on the 
     date of service, in which to provide written notice of such 
     choice to the Copyright Claims Board, in accordance with 
     regulations established by the Register of Copyrights. If 
     proof of service has been filed by the claimant and the 
     respondent does not submit an opt-out notice to the Copyright 
     Claims Board within that 60-day period, the proceeding shall 
     be deemed an active proceeding and the respondent shall be 
     bound by the determination in the proceeding to the extent 
     provided under section 1507(a). If the respondent opts out of 
     the proceeding during that 60-day period, the proceeding 
     shall be dismissed without prejudice, except that, in 
     exceptional circumstances and upon written notice to the 
     claimant, the Copyright Claims Board may extend that 60-day 
     period in the interests of justice.
       ``(j) Service of Other Documents.--Documents submitted or 
     relied upon in a proceeding, other than the notice and claim, 
     shall be served in accordance with regulations established by 
     the Register of Copyrights.
       ``(k) Scheduling.--Upon confirmation that a proceeding has 
     become an active proceeding, the Copyright Claims Board shall 
     issue a schedule for the future conduct of the proceeding. 
     The schedule shall not specify a time that a claimant or 
     counterclaimant is required make an election of damages that 
     is inconsistent with section 1504(e). A schedule issued by 
     the Copyright Claims Board may be amended by the Copyright 
     Claims Board in the interests of justice.
       ``(l) Conferences.--One or more Copyright Claims Officers 
     may hold a conference to address case management or discovery 
     issues in a

[[Page H7590]]

     proceeding, which shall be noted upon the record of the 
     proceeding and may be recorded or transcribed.
       ``(m) Party Submissions.--A proceeding of the Copyright 
     Claims Board may not include any formal motion practice, 
     except that, subject to applicable regulations and procedures 
     of the Copyright Claims Board--
       ``(1) the parties to the proceeding may make requests to 
     the Copyright Claims Board to address case management and 
     discovery matters, and submit responses thereto; and
       ``(2) the Copyright Claims Board may request or permit 
     parties to make submissions addressing relevant questions of 
     fact or law, or other matters, including matters raised sua 
     sponte by the Copyright Claims Officers, and offer responses 
     thereto.
       ``(n) Discovery.--Discovery in a proceeding shall be 
     limited to the production of relevant information and 
     documents, written interrogatories, and written requests for 
     admission, as provided in regulations established by the 
     Register of Copyrights, except that--
       ``(1) upon the request of a party, and for good cause 
     shown, the Copyright Claims Board may approve additional 
     relevant discovery, on a limited basis, in particular 
     matters, and may request specific information and documents 
     from participants in the proceeding and voluntary submissions 
     from nonparticipants, consistent with the interests of 
     justice;
       ``(2) upon the request of a party, and for good cause 
     shown, the Copyright Claims Board may issue a protective 
     order to limit the disclosure of documents or testimony that 
     contain confidential information; and
       ``(3) after providing notice and an opportunity to respond, 
     and upon good cause shown, the Copyright Claims Board may 
     apply an adverse inference with respect to disputed facts 
     against a party who has failed to timely provide discovery 
     materials in response to a proper request for materials that 
     could be relevant to such facts.
       ``(o) Evidence.--The Copyright Claims Board may consider 
     the following types of evidence in a proceeding, and such 
     evidence may be admitted without application of formal rules 
     of evidence:
       ``(1) Documentary and other nontestimonial evidence that is 
     relevant to the claims, counterclaims, or defenses in the 
     proceeding.
       ``(2) Testimonial evidence, submitted under penalty of 
     perjury in written form or in accordance with subsection (p), 
     limited to statements of the parties and nonexpert witnesses, 
     that is relevant to the claims, counterclaims, and defenses 
     in a proceeding, except that, in exceptional cases, expert 
     witness testimony or other types of testimony may be 
     permitted by the Copyright Claims Board for good cause shown.
       ``(p) Hearings.--The Copyright Claims Board may conduct a 
     hearing to receive oral presentations on issues of fact or 
     law from parties and witnesses to a proceeding, including 
     oral testimony, subject to the following:
       ``(1) Any such hearing shall be attended by not fewer than 
     2 of the Copyright Claims Officers.
       ``(2) The hearing shall be noted upon the record of the 
     proceeding and, subject to paragraph (3), may be recorded or 
     transcribed as deemed necessary by the Copyright Claims 
     Board.
       ``(3) A recording or transcript of the hearing shall be 
     made available to any Copyright Claims Officer who is not in 
     attendance.
       ``(q) Voluntary Dismissal.--
       ``(1) By claimant.--Upon the written request of a claimant 
     that is received before a respondent files a response to the 
     claim in a proceeding, the Copyright Claims Board shall 
     dismiss the proceeding, or a claim or respondent, as 
     requested, without prejudice.
       ``(2) By counterclaimant.--Upon written request of a 
     counterclaimant that is received before a claimant files a 
     response to the counterclaim, the Copyright Claims Board 
     shall dismiss the counterclaim, such dismissal to be without 
     prejudice.
       ``(3) Class actions.--Any party in an active proceeding 
     before the Copyright Claims Board who receives notice of a 
     pending or putative class action, arising out of the same 
     transaction or occurrence, in which that party is a class 
     member may request in writing dismissal of the proceeding 
     before the Board. Upon notice to all claimants and 
     counterclaimants, the Copyright Claims Board shall dismiss 
     the proceeding without prejudice.
       ``(r) Settlement.--
       ``(1) In general.--At any time in an active proceeding, 
     some or all of the parties may--
       ``(A) jointly request a conference with a Copyright Claims 
     Officer for the purpose of facilitating settlement 
     discussions; or
       ``(B) submit to the Copyright Claims Board an agreement 
     providing for settlement and dismissal of some or all of the 
     claims and counterclaims in the proceeding.
       ``(2) Additional request.--A submission under paragraph 
     (1)(B) may include a request that the Copyright Claims Board 
     adopt some or all of the terms of the parties' settlement in 
     a final determination in the proceeding.
       ``(s) Factual Findings.--Subject to subsection (n)(3), the 
     Copyright Claims Board shall make factual findings based upon 
     a preponderance of the evidence.
       ``(t) Determinations.--
       ``(1) Nature and contents.--A determination rendered by the 
     Copyright Claims Board in a proceeding shall--
       ``(A) be reached by a majority of the Copyright Claims 
     Board;
       ``(B) be in writing, and include an explanation of the 
     factual and legal basis of the determination;
       ``(C) set forth any terms by which a respondent or 
     counterclaim respondent has agreed to cease infringing 
     activity under section 1504(e)(2);
       ``(D) to the extent requested under subsection (r)(2), set 
     forth the terms of any settlement agreed to under subsection 
     (r)(1); and
       ``(E) include a clear statement of all damages and other 
     relief awarded, including under subparagraphs (C) and (D).
       ``(2) Dissent.--A Copyright Claims Officer who dissents 
     from a decision contained in a determination under paragraph 
     (1) may append a statement setting forth the grounds for that 
     dissent.
       ``(3) Publication.--Each final determination of the 
     Copyright Claims Board shall be made available on a publicly 
     accessible website. The Register shall establish regulations 
     with respect to the publication of other records and 
     information relating to such determinations, including the 
     redaction of records to protect confidential information that 
     is the subject of a protective order under subsection (n)(2).
       ``(4) Freedom of information act.--All information relating 
     to proceedings of the Copyright Claims Board under this 
     chapter is exempt from disclosure to the public under section 
     552(b)(3) of title 5, except for determinations, records, and 
     information published under paragraph (3).
       ``(u) Respondent's Default.--If a proceeding has been 
     deemed an active proceeding but the respondent has failed to 
     appear or has ceased participating in the proceeding, as 
     demonstrated by the respondent's failure, without justifiable 
     cause, to meet 1 or more deadlines or requirements set forth 
     in the schedule adopted by the Copyright Claims Board under 
     subsection (k), the Copyright Claims Board may enter a 
     default determination, including the dismissal of any 
     counterclaim asserted by the respondent, as follows and in 
     accordance with such other requirements as the Register of 
     Copyrights may establish by regulation:
       ``(1) The Copyright Claims Board shall require the claimant 
     to submit relevant evidence and other information in support 
     of the claimant's claim and any asserted damages and, upon 
     review of such evidence and any other requested submissions 
     from the claimant, shall determine whether the materials so 
     submitted are sufficient to support a finding in favor of the 
     claimant under applicable law and, if so, the appropriate 
     relief and damages, if any, to be awarded.
       ``(2) If the Copyright Claims Board makes an affirmative 
     determination under paragraph (1), the Copyright Claims Board 
     shall prepare a proposed default determination, and shall 
     provide written notice to the respondent at all addresses, 
     including email addresses, reflected in the records of the 
     proceeding before the Copyright Claims Board, of the pendency 
     of a default determination by the Copyright Claims Board and 
     of the legal significance of such determination. Such notice 
     shall be accompanied by the proposed default determination 
     and shall provide that the respondent has a period of 30 
     days, beginning on the date of the notice, to submit any 
     evidence or other information in opposition to the proposed 
     default determination.
       ``(3) If the respondent responds to the notice provided 
     under paragraph (2) within the 30-day period provided in such 
     paragraph, the Copyright Claims Board shall consider the 
     respondent's submissions and, after allowing the other 
     parties to address such submissions, maintain, or amend its 
     proposed determination as appropriate, and the resulting 
     determination shall not be a default determination.
       ``(4) If the respondent fails to respond to the notice 
     provided under paragraph (2), the Copyright Claims Board 
     shall proceed to issue the default determination as a final 
     determination. Thereafter, the respondent may only challenge 
     such determination to the extent permitted under section 
     1508(c), except that, before any additional proceedings are 
     initiated under section 1508, the Copyright Claims Board may, 
     in the interests of justice, vacate the default 
     determination.
       ``(v) Claimant's Failure To Proceed.--
       ``(1) Failure to complete service.--If a claimant fails to 
     complete service on a respondent within the 90-day period 
     required under subsection (g), the Copyright Claims Board 
     shall dismiss that respondent from the proceeding without 
     prejudice. If a claimant fails to complete service on all 
     respondents within that 90-day period, the Copyright Claims 
     Board shall dismiss the proceeding without prejudice.
       ``(2) Failure to prosecute.--If a claimant fails to proceed 
     in an active proceeding, as demonstrated by the claimant's 
     failure, without justifiable cause, to meet 1 or more 
     deadlines or requirements set forth in the schedule adopted 
     by the Copyright Claims Board under subsection (k), the 
     Copyright Claims Board may, upon providing written notice to 
     the claimant and a period of 30 days, beginning on the date 
     of the notice, to respond to the notice, and after 
     considering any such response, issue a determination 
     dismissing the claimant's claims, which shall include an 
     award of attorneys' fees and costs, if appropriate, under 
     subsection (y)(2). Thereafter, the claimant may only 
     challenge such determination to the extent permitted under 
     section 1508(c), except that, before any additional 
     proceedings are initiated under section 1508, the Copyright 
     Claims Board may, in the interests of justice, vacate the 
     determination of dismissal.
       ``(w) Request for Reconsideration.--A party may, not later 
     than 30 days after the date on which the Copyright Claims 
     Board issues a final determination in a proceeding under this 
     chapter, submit a written request for reconsideration of, or 
     an amendment to, such determination if the party identifies a 
     clear error of law or fact material to the outcome, or a 
     technical mistake. After providing the other parties an 
     opportunity to address such request, the Copyright Claims 
     Board shall either deny the request or issue an amended final 
     determination.

[[Page H7591]]

       ``(x) Review by Register.--If the Copyright Claims Board 
     denies a party a request for reconsideration of a final 
     determination under subsection (w), that party may, not later 
     than 30 days after the date of such denial, request review of 
     the final determination by the Register of Copyrights in 
     accordance with regulations established by the Register. Such 
     request shall be accompanied by a reasonable filing fee, as 
     provided in such regulations. The review by the Register 
     shall be limited to consideration of whether the Copyright 
     Claims Board abused its discretion in denying reconsideration 
     of the determination. After providing the other parties an 
     opportunity to address the request, the Register shall either 
     deny the request for review, or remand the proceeding to the 
     Copyright Claims Board for reconsideration of issues 
     specified in the remand and for issuance of an amended final 
     determination. Such amended final determination shall not be 
     subject to further consideration or review, other than under 
     section 1508(c).
       ``(y) Conduct of Parties and Attorneys.--
       ``(1) Certification.--The Register of Copyrights shall 
     establish regulations requiring certification of the accuracy 
     and truthfulness of statements made by participants in 
     proceedings before the Copyright Claims Board.
       ``(2) Bad faith conduct.--Notwithstanding any other 
     provision of law, in any proceeding in which a determination 
     is rendered and it is established that a party pursued a 
     claim, counterclaim, or defense for a harassing or other 
     improper purpose, or without a reasonable basis in law or 
     fact, then, unless inconsistent with the interests of 
     justice, the Copyright Claims Board shall in such 
     determination award reasonable costs and attorneys' fees to 
     any adversely affected party of in an amount of not more than 
     $5,000, except that--
       ``(A) if an adversely affected party appeared pro se in the 
     proceeding, the award to that party shall be for costs only, 
     in an amount of not more than $2,500; and
       ``(B) in extraordinary circumstances, such as where a party 
     has demonstrated a pattern or practice of bad faith conduct 
     as described in this paragraph, the Copyright Claims Board 
     may, in the interests of justice, award costs and attorneys' 
     fees in excess of the limitations under this paragraph.
       ``(3) Additional penalty.--If the Board finds that on more 
     than 1 occasion within a 12-month period a party pursued a 
     claim, counterclaim, or defense before the Copyright Claims 
     Board for a harassing or other improper purpose, or without a 
     reasonable basis in law or fact, that party shall be barred 
     from initiating a claim before the Copyright Claims Board 
     under this chapter for a period of 12 months beginning on the 
     date on which the Board makes such a finding. Any proceeding 
     commenced by that party that is still pending before the 
     Board when such a finding is made shall be dismissed without 
     prejudice, except that if a proceeding has been deemed active 
     under subsection (i), the proceeding shall be dismissed under 
     this paragraph only if the respondent provides written 
     consent thereto.
       ``(z) Regulations for Smaller Claims.--The Register of 
     Copyrights shall establish regulations to provide for the 
     consideration and determination, by not fewer than 1 
     Copyright Claims Officer, of any claim under this chapter in 
     which total damages sought do not exceed $5,000 (exclusive of 
     attorneys' fees and costs). A determination issued under this 
     subsection shall have the same effect as a determination 
     issued by the entire Copyright Claims Board.
       ``(aa) Opt-out for Libraries and Archives.--
       ``(1) In general.--The Register of Copyrights shall 
     establish regulations allowing for a library or archives that 
     does not wish to participate in proceedings before the 
     Copyright Claims Board to preemptively opt out of such 
     proceedings.
       ``(2) Procedures.--The regulations established under 
     paragraph (1) shall--
       ``(A) set forth procedures for preemptively opting out of 
     proceedings before the Copyright Claims Board; and
       ``(B) require that the Copyright Office compile and 
     maintain a publicly available list of the libraries and 
     archives that have successfully opted out of proceedings in 
     accordance with the procedures described in subparagraph (A).
       ``(3) No fee or renewal required.--The Register of 
     Copyrights may not--
       ``(A) charge a library or archives a fee to preemptively 
     opt out of proceedings under this subsection; or
       ``(B) require a library or archives to renew a decision to 
     preemptively opt out of proceedings under this subsection.
       ``(4) Definitions.--For purposes of this subsection, the 
     terms `library' and `archives' mean any library or archives, 
     respectively, that qualifies for the limitations on exclusive 
     rights under section 108.

     ``Sec. 1507. Effect of proceeding

       ``(a) Determination.--Subject to the reconsideration and 
     review processes provided under subsections (w) and (x) of 
     section 1506 and section 1508(c), the issuance of a final 
     determination by the Copyright Claims Board in a proceeding, 
     including a default determination or determination based on a 
     failure to prosecute, shall, solely with respect to the 
     parties to such determination, preclude relitigation before 
     any court or tribunal, or before the Copyright Claims Board, 
     of the claims and counterclaims asserted and finally 
     determined by the Board, and may be relied upon for such 
     purpose in a future action or proceeding arising from the 
     same specific activity or activities, subject to the 
     following:
       ``(1) A determination of the Copyright Claims Board shall 
     not preclude litigation or relitigation as between the same 
     or different parties before any court or tribunal, or the 
     Copyright Claims Board, of the same or similar issues of fact 
     or law in connection with claims or counterclaims not 
     asserted or not finally determined by the Copyright Claims 
     Board.
       ``(2) A determination of ownership of a copyrighted work 
     for purposes of resolving a matter before the Copyright 
     Claims Board may not be relied upon, and shall not have any 
     preclusive effect, in any other action or proceeding before 
     any court or tribunal, including the Copyright Claims Board.
       ``(3) Except to the extent permitted under this subsection 
     and section 1508, any determination of the Copyright Claims 
     Board may not be cited or relied upon as legal precedent in 
     any other action or proceeding before any court or tribunal, 
     including the Copyright Claims Board.
       ``(b) Class Actions Not Affected.--
       ``(1) In general.--A proceeding before the Copyright Claims 
     Board shall not have any effect on a class action proceeding 
     in a district court of the United States, and section 1509(a) 
     shall not apply to a class action proceeding in a district 
     court of the United States.
       ``(2) Notice of class action.--Any party to an active 
     proceeding before the Copyright Claims Board who receives 
     notice of a pending class action, arising out of the same 
     transaction or occurrence as the proceeding before the 
     Copyright Claims Board, in which the party is a class member 
     shall either--
       ``(A) opt out of the class action, in accordance with 
     regulations established by the Register of Copyrights; or
       ``(B) seek dismissal under section 1506(q)(3) of the 
     proceeding before the Copyright Claims Board.
       ``(c) Other Materials in Proceeding.--Except as permitted 
     under this section and section 1508, a submission or 
     statement of a party or witness made in connection with a 
     proceeding before the Copyright Claims Board, including a 
     proceeding that is dismissed, may not be cited or relied upon 
     in, or serve as the basis of, any action or proceeding 
     concerning rights or limitations on rights under this title 
     before any court or tribunal, including the Copyright Claims 
     Board.
       ``(d) Applicability of Section 512(g).--A claim or 
     counterclaim before the Copyright Claims Board that is 
     brought under subsection (c)(1) or (c)(4) of section 1504, or 
     brought under subsection (c)(6) of section 1504 and that 
     relates to a claim under subsection (c)(1) or (c)(4) of such 
     section, qualifies as an action seeking an order to restrain 
     a subscriber from engaging in infringing activity under 
     section 512(g)(2)(C) if--
       ``(1) notice of the commencement of the Copyright Claims 
     Board proceeding is provided by the claimant to the service 
     provider's designated agent before the service provider 
     replaces the material following receipt of a counter 
     notification under section 512(g); and
       ``(2) the claim brought alleges infringement of the 
     material identified in the notification of claimed 
     infringement under section 512(c)(1)(C).
       ``(e) Failure To Assert Counterclaim.--The failure or 
     inability to assert a counterclaim in a proceeding before the 
     Copyright Claims Board shall not preclude the assertion of 
     that counterclaim in a subsequent court action or proceeding 
     before the Copyright Claims Board.
       ``(f) Opt-Out or Dismissal of Party.--If a party has timely 
     opted out of a proceeding under section 1506(i) or is 
     dismissed from a proceeding before the Copyright Claims Board 
     issues a final determination in the proceeding, the 
     determination shall not be binding upon and shall have no 
     preclusive effect with respect to that party.

     ``Sec. 1508. Review and confirmation by district court

       ``(a) In General.--In any proceeding in which a party has 
     failed to pay damages, or has failed otherwise to comply with 
     the relief, awarded in a final determination of the Copyright 
     Claims Board, including a default determination or a 
     determination based on a failure to prosecute, the aggrieved 
     party may, not later than 1 year after the date on which the 
     final determination is issued, any reconsideration by the 
     Copyright Claims Board or review by the Register of 
     Copyrights is resolved, or an amended final determination is 
     issued, whichever occurs last, apply to the United States 
     District Court for the District of Columbia or any other 
     appropriate district court of the United States for an order 
     confirming the relief awarded in the final determination and 
     reducing such award to judgment. The court shall grant such 
     order and direct entry of judgment unless the determination 
     is or has been vacated, modified, or corrected under 
     subsection (c). If the United States District Court for the 
     District of Columbia or other district court of the United 
     States, as the case may be, issues an order confirming the 
     relief awarded by the Copyright Claims Board, the court shall 
     impose on the party who failed to pay damages or otherwise 
     comply with the relief, the reasonable expenses required to 
     secure such order, including attorneys' fees, that were 
     incurred by the aggrieved party.
       ``(b) Filing Procedures.--
       ``(1) Application to confirm determination.--Notice of the 
     application under subsection (a) for confirmation of a 
     determination of the Copyright Claims Board and entry of 
     judgment shall be provided to all parties to the proceeding 
     before the Copyright Claims Board that resulted in the 
     determination, in accordance with the procedures applicable 
     to service of a motion in the district court of the United 
     States where the application is made.
       ``(2) Contents of application.--The application under 
     subsection (a) shall include the following:
       ``(A) A certified copy of the final or amended final 
     determination of the Copyright Claims Board, as reflected in 
     the records of the Copyright Claims Board, following any 
     process of reconsideration or review by the Register of 
     Copyrights, to be confirmed and rendered to judgment.

[[Page H7592]]

       ``(B) A declaration by the applicant, under penalty of 
     perjury--
       ``(i) that the copy is a true and correct copy of such 
     determination;
       ``(ii) stating the date the determination was issued;
       ``(iii) stating the basis for the challenge under 
     subsection (c)(1); and
       ``(iv) stating whether the applicant is aware of any other 
     proceedings before the court concerning the same 
     determination of the Copyright Claims Board.
       ``(c) Challenges to the Determination.--
       ``(1) Bases for challenge.--Not later than 90 days after 
     the date on which the Copyright Claims Board issues a final 
     or amended final determination in a proceeding, or not later 
     than 90 days after the date on which the Register of 
     Copyrights completes any process of reconsideration or review 
     of the determination, whichever occurs later, a party may 
     seek an order from a district court of the United States 
     vacating, modifying, or correcting the determination of the 
     Copyright Claims Board in the following cases:
       ``(A) If the determination was issued as a result of fraud, 
     corruption, misrepresentation, or other misconduct.
       ``(B) If the Copyright Claims Board exceeded its authority 
     or failed to render a final determination concerning the 
     subject matter at issue.
       ``(C) In the case of a default determination or 
     determination based on a failure to prosecute, if it is 
     established that the default or failure was due to excusable 
     neglect.
       ``(2) Procedure to challenge.--
       ``(A) Notice of application.--Notice of the application to 
     challenge a determination of the Copyright Claims Board shall 
     be provided to all parties to the proceeding before the 
     Copyright Claims Board, in accordance with the procedures 
     applicable to service of a motion in the court where the 
     application is made.
       ``(B) Staying of proceedings.--For purposes of an 
     application under this subsection, any judge who is 
     authorized to issue an order to stay the proceedings in 
     another action brought in the same court may issue an order, 
     to be served with the notice of application, staying 
     proceedings to enforce the award while the challenge is 
     pending.

     ``Sec. 1509. Relationship to other district court actions

       ``(a) Stay of District Court Proceedings.--Subject to 
     section 1507(b), a district court of the United States shall 
     issue a stay of proceedings or such other relief as the court 
     determines appropriate with respect to any claim brought 
     before the court that is already the subject of a pending or 
     active proceeding before the Copyright Claims Board.
       ``(b) Alternative Dispute Resolution Process.--A proceeding 
     before the Copyright Claims Board under this chapter shall 
     qualify as an alternative dispute resolution process under 
     section 651 of title 28 for purposes of referral of eligible 
     cases by district courts of the United States upon the 
     consent of the parties.

     ``Sec. 1510. Implementation by Copyright Office

       ``(a) Regulations.--
       ``(1) Implementation generally.--The Register of Copyrights 
     shall establish regulations to carry out this chapter. Such 
     regulations shall include the fees prescribed under 
     subsections (e) and (x) of section 1506. The authority to 
     issue such fees shall not limit the authority of the Register 
     of Copyrights to establish fees for services under section 
     708. All fees received by the Copyright Office in connection 
     with the activities under this chapter shall be deposited by 
     the Register of Copyrights and credited to the appropriations 
     for necessary expenses of the Office in accordance with 
     section 708(d). In establishing regulations under this 
     subsection, the Register of Copyrights shall provide for the 
     efficient administration of the Copyright Claims Board, and 
     for the ability of the Copyright Claims Board to timely 
     complete proceedings instituted under this chapter, including 
     by implementing mechanisms to prevent harassing or improper 
     use of the Copyright Claims Board by any party.
       ``(2) Limits on monetary relief.--
       ``(A) In general.--Subject to subparagraph (B), not earlier 
     than 3 years after the date on which Copyright Claims Board 
     issues the first determination of the Copyright Claims Board, 
     the Register of Copyrights may, in order to further the goals 
     of the Copyright Claims Board, conduct a rulemaking to adjust 
     the limits on monetary recovery or attorneys' fees and costs 
     that may be awarded under this chapter.
       ``(B) Effective date of adjustment.--Any rule under 
     subparagraph (A) that makes an adjustment shall take effect 
     at the end of the 120-day period beginning on the date on 
     which the Register of Copyrights submits the rule to Congress 
     and only if Congress does not, during that 120-day period, 
     enact a law that provides in substance that Congress does not 
     approve the rule.
       ``(b) Necessary Facilities.--Subject to applicable law, the 
     Register of Copyrights may retain outside vendors to 
     establish internet-based, teleconferencing, and other 
     facilities required to operate the Copyright Claims Board.
       ``(c) Fees.--Any filing fees, including the fee to commence 
     a proceeding under section 1506(e), shall be prescribed in 
     regulations established by the Register of Copyrights. The 
     sum total of such filing fees shall be in an amount of not 
     less than $100, may not exceed the cost of filing an action 
     in a district court of the United States, and shall be fixed 
     in amounts that further the goals of the Copyright Claims 
     Board.

     ``Sec. 1511. Funding

       ``There are authorized to be appropriated such sums as may 
     be necessary to pay the costs incurred by the Copyright 
     Office under this chapter that are not covered by fees 
     collected for services rendered under this chapter, including 
     the costs of establishing and maintaining the Copyright 
     Claims Board and its facilities.''.
       (c) Clerical Amendment.--The table of chapters for title 
     17, United States Code, is amended by adding at the end the 
     following:

``15. Copyright Small Claims................................1501''.....

       (d) Implementation.--
       (1) In general.--Except as provided in paragraph (2), not 
     later than 1 year after the date of enactment of this Act, 
     the Copyright Claims Board established under section 1502 of 
     title 17, United States Code, as added by subsection (b) of 
     this section, shall begin operations.
       (2) Extension.--The Register of Copyrights may, for good 
     cause, extend the deadline under paragraph (1) by not more 
     than 180 days if the Register of Copyrights provides notice 
     of the extension to the public and to Congress.
       (e) Study.--Not later than 3 years after the date on which 
     the Copyright Claims Board issues the first determination of 
     the Copyright Claims Board under chapter 15 of title 17, 
     United States Code, as added by subsection (b) of this 
     section, the Register of Copyrights shall conduct, and report 
     to Congress on, a study that addresses the following:
       (1) The use and efficacy of the Copyright Claims Board in 
     resolving copyright claims, including the number of 
     proceedings the Copyright Claims Board could reasonably 
     administer.
       (2) Whether adjustments to the authority of the Copyright 
     Claims Board are necessary or advisable, including with 
     respect to--
       (A) eligible claims, such as claims under section 1202 of 
     title 17, United States Code; and
       (B) works and applicable damages limitations.
       (3) Whether greater allowance should be made to permit 
     awards of attorneys' fees and costs to prevailing parties, 
     including potential limitations on such awards.
       (4) Potential mechanisms to assist copyright owners with 
     small claims in ascertaining the identity and location of 
     unknown online infringers.
       (5) Whether the Copyright Claims Board should be expanded 
     to offer mediation or other nonbinding alternative dispute 
     resolution services to interested parties.
       (6) Such other matters as the Register of Copyrights 
     believes may be pertinent concerning the Copyright Claims 
     Board.
       (f) Severability.--If any provision of this section, an 
     amendment made by this section, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this section and the 
     amendments made by this section, and the application of the 
     provision or the amendment to any other person or 
     circumstance, shall not be affected.

                         Subtitle B--Trademarks

     SEC. 221. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This subtitle may be cited as the 
     ``Trademark Modernization Act of 2020'' or the ``TM Act of 
     2020''.
       (b) Table of Contents.--The table of contents for this 
     subtitle is as follows:

                         Subtitle B--Trademarks

Sec. 221. Short title; table of contents.
Sec. 222. Definitions.
Sec. 223. Providing for third-party submission of evidence during 
              examination.
Sec. 224. Providing for flexible response periods.
Sec. 225. Ex parte expungement; ex parte reexamination; new grounds for 
              cancellation.
Sec. 226. Rebuttable presumption of irreparable harm.
Sec. 227. Report on decluttering initiatives.
Sec. 228. Amendments to confirm authority of the Director.

     SEC. 222. DEFINITIONS.

       In this subtitle:
       (1) Director.--The term ``Director'' means the Under 
     Secretary of Commerce for Intellectual Property and Director 
     of the United States Patent and Trademark Office.
       (2) Trademark act of 1946.--The term ``Trademark Act of 
     1946'' means the Act entitled ``An Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (15 U.S.C. 1051 et. seq) (commonly referred to as the 
     ``Trademark Act of 1946'' or the ``Lanham Act'').

     SEC. 223. PROVIDING FOR THIRD-PARTY SUBMISSION OF EVIDENCE 
                   DURING EXAMINATION.

       (a) Amendment.--Section 1 of the Trademark Act of 1946 (15 
     U.S.C. 1051) is amended by adding at the end the following:
       ``(f) A third party may submit for consideration for 
     inclusion in the record of an application evidence relevant 
     to a ground for refusal of registration. The third-party 
     submission shall identify the ground for refusal and include 
     a concise description of each piece of evidence submitted in 
     support of each identified ground for refusal. Not later than 
     2 months after the date on which the submission is filed, the 
     Director shall determine whether the evidence should be 
     included in the record of the application. The Director shall 
     establish by regulation appropriate procedures for the 
     consideration of evidence submitted by a third party under 
     this subsection and may prescribe a fee to accompany the 
     submission. If the Director determines that the third-party 
     evidence should be included in the record of the application, 
     only the evidence and the ground for refusal to which the 
     evidence relates may be so included. Any determination by the 
     Director whether or not to include evidence in the record of 
     an application shall be final and non-reviewable, and a 
     determination to include or to not include evidence in the 
     record shall not prejudice any party's right to raise any 
     issue and rely on any evidence in any other proceeding.''.
       (b) Deadline for Procedures.--Not later than 1 year after 
     the date of enactment of this

[[Page H7593]]

     Act, the Director shall establish the appropriate procedures 
     described in section 1(f) of the Trademark Act of 1946, as 
     added by subsection (a).
       (c) Effective Date.--The amendment made by subsection (a) 
     shall take effect 1 year after the date of enactment of this 
     Act.

     SEC. 224. PROVIDING FOR FLEXIBLE RESPONSE PERIODS.

       Section 12(b) of the Trademark Act of 1946 (15 U.S.C. 
     1062(b)) is amended to read as follows:
       ``(b)(1) If the applicant is found not entitled to 
     registration, the examiner shall notify the applicant thereof 
     and of the reasons therefor. The applicant may reply or amend 
     the application, which shall then be reexamined. This 
     procedure may be repeated until the examiner finally refuses 
     registration of the mark or the application is abandoned as 
     described in paragraph (2).
       ``(2) After notification under paragraph (1), the applicant 
     shall have a period of 6 months in which to reply or amend 
     the application, or such shorter time that is not less than 
     60 days, as prescribed by the Director by regulation. If the 
     applicant fails to reply or amend or appeal within the 
     relevant time period, including any extension under paragraph 
     (3), the application shall be deemed to have been abandoned, 
     unless it can be shown to the satisfaction of the Director 
     that the delay in responding was unintentional, in which case 
     the application may be revived and such time may be extended. 
     The Director may prescribe a fee to accompany any request to 
     revive.
       ``(3) The Director shall provide, by regulation, for 
     extensions of time to respond to the examiner for any time 
     period under paragraph (2) that is less than 6 months. The 
     Director shall allow the applicant to obtain extensions of 
     time to reply or amend aggregating 6 months from the date of 
     notification under paragraph (1) when the applicant so 
     requests. However, the Director may set by regulation the 
     time for individual periods of extension, and prescribe a 
     fee, by regulation, for any extension request. Any request 
     for extension shall be filed on or before the date on which a 
     reply or amendment is due under paragraph (1).''.

     SEC. 225. EX PARTE EXPUNGEMENT; EX PARTE REEXAMINATION; NEW 
                   GROUNDS FOR CANCELLATION.

       (a) Ex Parte Expungement.--The Trademark Act of 1946 is 
     amended by inserting after section 16 (15 U.S.C. 1066) the 
     following:

     ``SEC. 16A. EX PARTE EXPUNGEMENT.

       ``(a) Petition.--Notwithstanding sections 7(b) and 22, and 
     subsections (a) and (b) of section 33, any person may file a 
     petition to expunge a registration of a mark on the basis 
     that the mark has never been used in commerce on or in 
     connection with some or all of the goods or services recited 
     in the registration.
       ``(b) Contents of Petition.--A petition filed under 
     subsection (a), together with any supporting documents, 
     shall--
       ``(1) identify the registration that is the subject of the 
     petition;
       ``(2) identify each good or service recited in the 
     registration for which it is alleged that the mark has never 
     been used in commerce;
       ``(3) include a verified statement that sets forth--
       ``(A) the elements of the reasonable investigation the 
     petitioner conducted to determine that the mark has never 
     been used in commerce on or in connection with the goods and 
     services identified in the petition; and
       ``(B) any additional facts that support the allegation that 
     the mark has never been used in commerce on or in connection 
     with the identified goods and services;
       ``(4) include any supporting evidence on which the 
     petitioner relies; and
       ``(5) be accompanied by the fee prescribed by the Director.
       ``(c) Initial Determination; Institution.--
       ``(1) Prima facie case determination, institution, and 
     notification.--The Director shall, for each good or service 
     identified under subsection (b)(2), determine whether the 
     petition sets forth a prima facie case of the mark having 
     never been used in commerce on or in connection with each 
     such good or service, institute an ex parte expungement 
     proceeding for each good or service for which the Director 
     determines that a prima facie case has been set forth, and 
     provide a notice to the registrant and petitioner of the 
     determination of whether or not the proceeding was 
     instituted. Such notice shall include a copy of the petition 
     and any supporting documents and evidence that were included 
     with the petition.
       ``(2) Reasonable investigation guidance.--The Director 
     shall promulgate regulations regarding what constitutes a 
     reasonable investigation under subsection (b)(3) and the 
     general types of evidence that could support a prima facie 
     case that a mark has never been used in commerce, but the 
     Director shall retain the discretion to determine whether a 
     prima facie case is set out in a particular proceeding.
       ``(3) Determination by director.--Any determination by the 
     Director whether or not to institute a proceeding under this 
     section shall be final and non-reviewable, and shall not 
     prejudice any party's right to raise any issue and rely on 
     any evidence in any other proceeding, except as provided in 
     subsection (j).
       ``(d) Ex Parte Expungement Procedures.--The procedures for 
     ex parte expungement shall be the same as the procedures for 
     examination under section 12(b), except that the Director 
     shall promulgate regulations establishing and governing a 
     proceeding under this section, which may include regulations 
     that--
       ``(1) set response and extension times particular to this 
     type of proceeding, which, notwithstanding section 12(b)(3), 
     need not be extendable to 6 months;
       ``(2) set limits governing the timing and number of 
     petitions filed for a particular registration or by a 
     particular petitioner or real parties in interest; and
       ``(3) define the relation of a proceeding under this 
     section to other proceedings concerning the mark.
       ``(e) Registrant's Evidence of Use.--A registrant's 
     documentary evidence of use shall be consistent with when a 
     mark shall be deemed to be in use in commerce under the 
     definition of `use in commerce' in section 45, but shall not 
     be limited in form to that of specimens as provided in 
     section 1(a).
       ``(f) Excusable Nonuse.--During an ex parte expungement 
     proceeding, for a mark registered under section 44(e) or an 
     extension of protection under section 66, the registrant may 
     offer evidence showing that any nonuse is due to special 
     circumstances that excuse such nonuse. In such a case, the 
     examiner shall determine whether the facts and evidence 
     demonstrate excusable nonuse and shall not find that the 
     registration should be cancelled under subsection (g) for any 
     good or service for which excusable nonuse is demonstrated.
       ``(g) Examiner's Decision; Order to Cancel.--For each good 
     or service for which it is determined that a mark has never 
     been used in commerce, and for which the provisions of 
     subsection (f) do not apply, the examiner shall find that the 
     registration should be cancelled for each such good or 
     service. A mark shall not be found to have never been used in 
     commerce if there is evidence of use in commerce by the 
     registrant that temporally would have supported registration 
     at the time the application was filed or the relevant 
     allegation of use was made, or after registration, but before 
     the petition to expunge was filed under subsection (a), or an 
     ex parte expungement proceeding was instituted by the 
     Director under subsection (h). Unless overturned on review of 
     the examiner's decision, the Director shall issue an order 
     cancelling the registration, in whole or in part, after the 
     time for appeal has expired or any appeal proceeding has 
     terminated.
       ``(h) Ex Parte Expungement by the Director.--
       ``(1) In general.--The Director may, on the Director's own 
     initiative, institute an ex parte expungement proceeding if 
     the Director discovers information that supports a prima 
     facie case of a mark having never been used in commerce on or 
     in connection with any good or service covered by a 
     registration. The Director shall promptly notify the 
     registrant of such determination, at which time the ex parte 
     expungement proceeding shall proceed according to the same 
     procedures for ex parte expungement established pursuant to 
     subsection (d). If the Director determines, based on the 
     Director's own initiative, to institute an expungement 
     proceeding, the Director shall transmit or make available the 
     information that formed the basis for that determination as 
     part of the institution notice sent to the registrant.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit any other authority of the 
     Director.
       ``(i) Time for Institution.--
       ``(1) When petition may be filed, ex parte expungement 
     proceeding instituted.--A petition for ex parte expungement 
     of a registration under subsection (a) may be filed, or the 
     Director may institute on the Director's own initiative an ex 
     parte expungement proceeding of a registration under 
     subsection (h), at any time following the expiration of 3 
     years after the date of registration and before the 
     expiration of 10 years following the date of registration.
       ``(2) Exception.--Notwithstanding paragraph (1), for a 
     period of 3 years after the date of enactment of this 
     section, a petition for expungement of a registration under 
     subsection (a) may be filed, or the Director may institute on 
     the Director's own initiative an ex parte expungement 
     proceeding of a registration under subsection (h), at any 
     time following the expiration of 3 years after the date of 
     registration.
       ``(j) Limitation on Later Ex Parte Expungement 
     Proceedings.--
       ``(1) No co-pending proceedings.--With respect to a 
     particular registration, while an ex parte expungement 
     proceeding is pending, no later ex parte expungement 
     proceeding may be instituted with respect to the same goods 
     or services that are the subject of a pending ex parte 
     expungement proceeding.
       ``(2) Estoppel.--With respect to a particular registration, 
     for goods or services previously subject to an instituted 
     expungement proceeding for which, in that proceeding, it was 
     determined that the registrant had used the mark for 
     particular goods or services, as relevant, and the 
     registration was not cancelled as to those goods or services, 
     no further ex parte expungement proceedings may be initiated 
     as to those goods or services, regardless of the identity of 
     the petitioner.
       ``(k) Use in Commerce Requirement Not Altered.--Nothing in 
     this section shall affect the requirement for use in commerce 
     of a mark registered under section 1(a) or 23.''.
       (b) New Grounds for Cancellation.--Section 14 of the 
     Trademark Act of 1946 (15 U.S.C. 1064) is amended--
       (1) by striking the colon at the end of paragraph (5) and 
     inserting a period;
       (2) by inserting after paragraph (5) the following:
       ``(6) At any time after the 3-year period following the 
     date of registration, if the registered mark has never been 
     used in commerce on or in connection with some or all of the 
     goods or services recited in the registration:''; and
       (3) in the flush text following paragraph (6), as added by 
     paragraph (2) of this subsection, by inserting ``Nothing in 
     paragraph (6) shall be construed to limit the timing 
     applicable to any other ground for cancellation. A 
     registration under section 44(e) or 66 shall not be cancelled 
     pursuant to paragraph (6) if the registrant demonstrates that 
     any nonuse is due to special circumstances that excuse such 
     nonuse.'' after ``identical certification mark is applied.''.

[[Page H7594]]

       (c) Ex Parte Reexamination.--The Trademark Act of 1946 is 
     amended by inserting after section 16A, as added by 
     subsection (a), the following:

     ``SEC. 16B. EX PARTE REEXAMINATION.

       ``(a) Petition for Reexamination.--Any person may file a 
     petition to reexamine a registration of a mark on the basis 
     that the mark was not in use in commerce on or in connection 
     with some or all of the goods or services recited in the 
     registration on or before the relevant date.
       ``(b) Relevant Date.--In this section, the term `relevant 
     date' means, with respect to an application for the 
     registration of a mark with an initial filing basis of--
       ``(1) section 1(a) and not amended at any point to be filed 
     pursuant to section 1(b), the date on which the application 
     was initially filed; or
       ``(2) section 1(b) or amended at any point to be filed 
     pursuant to section 1(b), the date on which--
       ``(A) an amendment to allege use under section 1(c) was 
     filed; or
       ``(B) the period for filing a statement of use under 
     section 1(d) expired, including all approved extensions 
     thereof.
       ``(c) Requirements for the Petition.--A petition filed 
     under subsection (a), together with any supporting documents, 
     shall--
       ``(1) identify the registration that is the subject of the 
     petition;
       ``(2) identify each good and service recited in the 
     registration for which it is alleged that the mark was not in 
     use in commerce on or in connection with on or before the 
     relevant date;
       ``(3) include a verified statement that sets forth--
       ``(A) the elements of the reasonable investigation the 
     petitioner conducted to determine that the mark was not in 
     use in commerce on or in connection with the goods and 
     services identified in the petition on or before the relevant 
     date; and
       ``(B) any additional facts that support the allegation that 
     the mark was not in use in commerce on or before the relevant 
     date on or in connection with the identified goods and 
     services;
       ``(4) include supporting evidence on which the petitioner 
     relies; and
       ``(5) be accompanied by the fee prescribed by the Director.
       ``(d) Initial Determination; Institution.--
       ``(1) Prima facie case determination, institution, and 
     notification.--The Director shall, for each good or service 
     identified under subsection (c)(2), determine whether the 
     petition sets forth a prima facie case of the mark having not 
     been in use in commerce on or in connection with each such 
     good or service, institute an ex parte reexamination 
     proceeding for each good or service for which the Director 
     determines that the prima facie case has been set forth, and 
     provide a notice to the registrant and petitioner of the 
     determination of whether or not the proceeding was 
     instituted. Such notice shall include a copy of the petition 
     and any supporting documents and evidence that were included 
     with the petition.
       ``(2) Reasonable investigation guidance.--The Director 
     shall promulgate regulations regarding what constitutes a 
     reasonable investigation under subsection (c)(3) and the 
     general types of evidence that could support a prima facie 
     case that the mark was not in use in commerce on or in 
     connection with a good or service on or before the relevant 
     date, but the Director shall retain discretion to determine 
     whether a prima facie case is set out in a particular 
     proceeding.
       ``(3) Determination by director.--Any determination by the 
     Director whether or not to institute a reexamination 
     proceeding under this section shall be final and non-
     reviewable, and shall not prejudice any party's right to 
     raise any issue and rely on any evidence in any other 
     proceeding, except as provided in subsection (j).
       ``(e) Reexamination Procedures.--The procedures for 
     reexamination shall be the same as the procedures established 
     under section 12(b) except that the Director shall promulgate 
     regulations establishing and governing a proceeding under 
     this section, which may include regulations that--
       ``(1) set response and extension times particular to this 
     type of proceeding, which, notwithstanding section 12(b)(3), 
     need not be extendable to 6 months;
       ``(2) set limits governing the timing and number of 
     petitions filed for a particular registration or by a 
     particular petitioner or real parties in interest; and
       ``(3) define the relation of a reexamination proceeding 
     under this section to other proceedings concerning the mark.
       ``(f) Registrant's Evidence of Use.--A registrant's 
     documentary evidence of use shall be consistent with when a 
     mark shall be deemed to be in use in commerce under the 
     definition of `use in commerce' in section 45, but shall not 
     be limited in form to that of specimens as provided in 
     section 1(a).
       ``(g) Examiner's Decision; Order to Cancel.--For each good 
     or service for which it is determined that the registration 
     should not have issued because the mark was not in use in 
     commerce on or before the relevant date, the examiner shall 
     find that the registration should be cancelled for each such 
     good or service. Unless overturned on review of the 
     examiner's decision, the Director shall issue an order 
     cancelling the registration, in whole or in part, after the 
     time for appeal has expired or any appeal proceeding has 
     terminated.
       ``(h) Reexamination by Director.--
       ``(1) In general.--The Director may, on the Director's own 
     initiative, institute an ex parte reexamination proceeding if 
     the Director discovers information that supports a prima 
     facie case of the mark having not been used in commerce on or 
     in connection with some or all of the goods or services 
     covered by the registration on or before the relevant date. 
     The Director shall promptly notify the registrant of such 
     determination, at which time reexamination shall proceed 
     according to the same procedures established pursuant to 
     subsection (e). If the Director determines, based on the 
     Director's own initiative, to institute an ex parte 
     reexamination proceeding, the Director shall transmit or make 
     available the information that formed the basis for that 
     determination as part of the institution notice.
       ``(2) Rule of construction.--Nothing in this subsection 
     shall be construed to limit any other authority of the 
     Director.
       ``(i) Time for Institution.--A petition for ex parte 
     reexamination may be filed, or the Director may institute on 
     the Director's own initiative an ex parte reexamination 
     proceeding, at any time not later than 5 years after the date 
     of registration of a mark registered based on use in 
     commerce.
       ``(j) Limitation on Later Ex Parte Reexamination 
     Proceedings.--
       ``(1) No co-pending proceedings.--With respect to a 
     particular registration, while an ex parte reexamination 
     proceeding is pending, no later ex parte reexamination 
     proceeding may be instituted with respect to the same goods 
     or services that are the subject of a pending ex parte 
     reexamination proceeding.
       ``(2) Estoppel.--With respect to a particular registration, 
     for any goods or services previously subject to an instituted 
     ex parte reexamination proceeding for which, in that 
     proceeding, it was determined that the registrant had used 
     the mark for particular goods or services before the relevant 
     date, and the registration was not cancelled as to those 
     goods or services, no further ex parte reexamination 
     proceedings may be initiated as to those goods or services, 
     regardless of the identity of the petitioner.
       ``(k) Supplemental Register.--The provisions of subsection 
     (b) apply, as appropriate, to registrations under section 23. 
     Nothing in this section shall be construed to limit the 
     timing of a cancellation action under section 24.''.
       (d) Appeal.--
       (1) Appeal to trademark trial and appeal board.--Section 20 
     of the Trademark Act of 1946 (15 U.S.C. 1070) is amended by 
     inserting ``or a final decision by an examiner in an ex parte 
     expungement proceeding or ex parte reexamination proceeding'' 
     after ``registration of marks''.
       (2) Appeal to courts.--
       (A) Expungement or ex parte reexamination.--Section 
     21(a)(1) of the Trademark Act of 1946 (15 U.S.C. 1071(a)(1)) 
     is amended by striking ``or an applicant for renewal'' and 
     inserting the following: ``an applicant for renewal, or a 
     registrant subject to an ex parte expungement proceeding or 
     an ex parte reexamination proceeding''.
       (B) Exception.--Section 21(b)(1) of the Trademark Act of 
     1946 (15 U.S.C. 1071(b)(1)) is amended by inserting ``, 
     except for a registrant subject to an ex parte expungement 
     proceeding or an ex parte reexamination proceeding,'' before 
     ``is dissatisfied''.
       (e) Technical and Conforming Amendments.--The Trademark Act 
     of 1946 is amended--
       (1) in section 15 (15 U.S.C. 1065), by striking 
     ``paragraphs (3) and (5)'' and inserting ``paragraphs (3), 
     (5), and (6)''; and
       (2) in section 26 (15 U.S.C. 1094), by adding at the end 
     the following: ``Registrations on the supplemental register 
     shall be subject to ex parte expungement and ex parte 
     reexamination under sections 16A and 16B, respectively.''.
       (f) Deadline for Procedures.--Not later than 1 year after 
     the date of enactment of this Act, the Director shall issue 
     regulations to carry out sections 16A and 16B of the 
     Trademark Act of 1946, as added by subsections (a) and (c).
       (g) Effective Date.--The amendments made by this section 
     shall take effect upon the expiration of the 1-year period 
     beginning on the date of enactment of this Act, and shall 
     apply to any mark registered before, on, or after that 
     effective date.

     SEC. 226. REBUTTABLE PRESUMPTION OF IRREPARABLE HARM.

       (a) Amendment.--Section 34(a) of the Trademark Act of 1946 
     (15 U.S.C. 1116(a)) is amended by inserting after the first 
     sentence the following: ``A plaintiff seeking any such 
     injunction shall be entitled to a rebuttable presumption of 
     irreparable harm upon a finding of a violation identified in 
     this subsection in the case of a motion for a permanent 
     injunction or upon a finding of likelihood of success on the 
     merits for a violation identified in this subsection in the 
     case of a motion for a preliminary injunction or temporary 
     restraining order.''.
       (b) Rule of Construction.--The amendment made by subsection 
     (a) shall not be construed to mean that a plaintiff seeking 
     an injunction was not entitled to a presumption of 
     irreparable harm before the date of enactment of this Act.

     SEC. 227. REPORT ON DECLUTTERING INITIATIVES.

       (a) Study.--The Comptroller General of the United States 
     shall consult with the Director to conduct a study on the 
     efforts of the Director during the period beginning 12 months 
     after the date of enactment of this Act and ending 30 months 
     after the date of enactment of this Act to address inaccurate 
     and false claims of use in trademark applications and 
     registrations. Inaccurate and false claims of use include any 
     declaration of use by a trademark applicant or registrant 
     that cannot be supported by use in commerce as defined in 
     section 45 of the Trademark Act of 1946 (15 U.S.C. 1127) or 
     the regulations relevant to the definition of specimens under 
     section 1 of the Trademark Act of 1946 (15 U.S.C. 1051), as 
     applicable.
       (b) Contents of Study.--In conducting the study under 
     subsection (a), the Comptroller General shall assess the 
     following:

[[Page H7595]]

       (1) With respect to sections 16A and 16B of the Trademark 
     Act of 1946, as added by section 225--
       (A) the number of petitions filed under each such section 
     for which a decision not to institute was issued;
       (B) the number of petitions filed under each such section 
     for which a decision to institute was issued;
       (C) the number of in-process and completed proceedings 
     instituted under each such section, including any proceedings 
     instituted by the Director's own initiative;
       (D) the average time taken to resolve proceedings 
     instituted under each such section, including the average 
     time between--
       (i) the filing of a petition under each such section and an 
     examiner's final decision under section 16A(g) and 16B(g), or 
     the last decision issued by the examiner if the registrant 
     failed to respond to the latest-in-time decision by the 
     examiner; and
       (ii) the institution of a proceeding under each such 
     section, including any proceedings instituted by the 
     Director's own initiative, and an examiner's final decision 
     under section 16A(g) and 16B(g), or the last decision issued 
     by the examiner if the registrant failed to respond to the 
     latest-in-time decision by the examiner;
       (E) the number of appeals of decisions of examiners to the 
     Trademark Trial and Appeal Board and to the courts for each 
     such proceeding; and
       (F) an accounting of the final outcome of each such 
     proceeding instituted by identifying the number of goods or 
     services for which such proceedings were instituted, and the 
     number of goods or services for each involved registration 
     that were cancelled pursuant to such proceedings.
       (2) With respect to section 1(f) of the Trademark Act of 
     1946, as added by section 223--
       (A) the number of third-party submissions filed under such 
     section for which the third-party asserts in the submission 
     that the mark has not been used in commerce; and
       (B) of the applications identified in subparagraph (A), the 
     number of applications in which the third-party submission 
     evidence is included in the application; and
       (C) of those applications identified in subparagraph (B), 
     the number of applications--
       (i) refused registration based on an assertion by the 
     examiner that the mark has not been used in commerce; and
       (ii) for which the examiner requested additional 
     information from the applicant related to claims of use.
       (3) The effectiveness of--
       (A) the proceedings under sections 16A and 16B of the 
     Trademark Act of 1946, as added by section 225, in addressing 
     inaccurate and false claims of use in trademark 
     registrations; and
       (B) any additional programs conducted by the Director 
     designed to address inaccurate and false claims of use in 
     trademark applications and registrations, including the post-
     registration use audit, as implemented as of the date of 
     enactment of this Act under sections 2.161(h) and 7.37(h) of 
     title 37, Code of Federal Regulations.
       (c) Report to Congress.--Not later than 3 years after the 
     date of enactment of this Act, the Comptroller General of the 
     United States shall submit to the Committee on the Judiciary 
     of the Senate and the Committee on the Judiciary of the House 
     of Representatives a report--
       (1) on the results of the study conducted under this 
     section; and
       (2) that includes any recommendations, based on the results 
     of the study, for any changes to laws or regulations that 
     will improve the integrity of the trademark register or 
     reduce inaccurate or false claims of use.

     SEC. 228. AMENDMENTS TO CONFIRM AUTHORITY OF THE DIRECTOR.

       (a) Amendments.--
       (1) Section 18 of the Trademark Act of 1946 (15 U.S.C. 
     1068) is amended by inserting after ``established in the 
     proceedings'' the following: ``. The authority of the 
     Director under this section includes the authority to 
     reconsider, and modify or set aside, a decision of the 
     Trademark Trial and Appeal Board''.
       (2) Section 20 of the Trademark Act of 1946 (15 U.S.C. 
     1070) is amended by adding at the end the following: ``The 
     Director may reconsider, and modify or set aside, a decision 
     of the Trademark Trial and Appeal Board under this 
     section.''.
       (3) Section 24 of the Trademark Act of 1946 (15 U.S.C. 
     1092) is amended by inserting after ``shall be canceled by 
     the Director'' the following: ``, unless the Director 
     reconsiders the decision of the Board, and modifies or sets 
     aside, such decision''.
       (b) Rules of Construction.--
       (1) Authority before date of enactment.--The amendments 
     made by subsection (a) shall not be construed to mean that 
     the Director lacked the authority to reconsider, and modify 
     or set aside, a decision of the Trademark Trial and Appeal 
     Board before the date of enactment of this Act.
       (2) Authority with respect to particular decisions.--The 
     amendments made by subsection (a) shall not be construed to 
     require the Director to reconsider, modify, or set aside any 
     particular decision of the Trademark Trial and Appeal Board.

 DIVISION R--PROTECTING OUR INFRASTRUCTURE OF PIPELINES AND ENHANCING 
                           SAFETY ACT OF 2020

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Protecting our Infrastructure of Pipelines and Enhancing 
     Safety Act of 2020'' or the ``PIPES Act of 2020''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

Sec. 101. Authorization of appropriations.
Sec. 102. Pipeline workforce development.
Sec. 103. Cost recovery and fees for facility reviews.
Sec. 104. Advancement of new pipeline safety technologies and 
              approaches.
Sec. 105. Pipeline safety testing enhancement study.
Sec. 106. Regulatory updates.
Sec. 107. Self-disclosure of violations.
Sec. 108. Due process protections in enforcement proceedings.
Sec. 109. Pipeline operating status.
Sec. 110. Updates to standards for liquefied natural gas facilities.
Sec. 111. National Center of Excellence for Liquefied Natural Gas 
              Safety.
Sec. 112. Prioritization of rulemaking.
Sec. 113. Leak detection and repair.
Sec. 114. Inspection and maintenance plans.
Sec. 115. Consideration of pipeline class location changes.
Sec. 116. Protection of employees providing pipeline safety 
              information.
Sec. 117. Interstate drug and alcohol oversight.
Sec. 118. Purpose and general authority.
Sec. 119. National Academy of Sciences study on automatic and remote-
              controlled shut-off valves on existing pipelines.
Sec. 120. Unusually sensitive areas.
Sec. 121. Safety-related condition reports.
Sec. 122. Risk analysis and integrity management programs.
Sec. 123. Rule of construction.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

Sec. 201. Short title.
Sec. 202. Distribution integrity management plans.
Sec. 203. Emergency response plans.
Sec. 204. Operations and maintenance manuals.
Sec. 205. Pipeline safety management systems.
Sec. 206. Pipeline safety practices.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     Pipeline and Hazardous Materials Safety Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.

         TITLE I--IMPROVING PIPELINE SAFETY AND INFRASTRUCTURE

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       (a) Gas and Hazardous Liquid.--Section 60125 of title 49, 
     United States Code, is amended by striking subsection (a) and 
     inserting the following:
       ``(a) Gas and Hazardous Liquid.--
       ``(1) In general.--From fees collected under section 60301, 
     there are authorized to be appropriated to the Secretary to 
     carry out section 12 of the Pipeline Safety Improvement Act 
     of 2002 (49 U.S.C. 60101 note; Public Law 107-355) and the 
     provisions of this chapter relating to gas and hazardous 
     liquid--
       ``(A) $156,400,000 for fiscal year 2021, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $63,000,000 shall be used for making grants;
       ``(B) $158,500,000 for fiscal year 2022, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $66,000,000 shall be used for making grants; and
       ``(C) $162,700,000 for fiscal year 2023, of which--
       ``(i) $9,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $69,000,000 shall be used for making grants.
       ``(2) Trust fund amounts.--In addition to the amounts 
     authorized to be appropriated under paragraph (1), there are 
     authorized to be appropriated from the Oil Spill Liability 
     Trust Fund established by section 9509(a) of the Internal 
     Revenue Code of 1986 to carry out section 12 of the Pipeline 
     Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
     Law 107-355) and the provisions of this chapter relating to 
     hazardous liquid--
       ``(A) $27,000,000 for fiscal year 2021, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $11,000,000 shall be used for making grants;
       ``(B) $27,650,000 for fiscal year 2022, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $12,000,000 shall be used for making grants; and
       ``(C) $28,700,000 for fiscal year 2023, of which--
       ``(i) $3,000,000 shall be used to carry out section 12 of 
     the Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355); and
       ``(ii) $13,000,000 shall be used for making grants.
       ``(3) Underground natural gas storage facility safety 
     account.--From fees collected

[[Page H7596]]

     under section 60302, there is authorized to be appropriated 
     to the Secretary to carry out section 60141 $8,000,000 for 
     each of fiscal years 2021 through 2023.
       ``(4) Recruitment and retention.--From amounts made 
     available to the Secretary under paragraphs (1) and (2), the 
     Secretary shall use--
       ``(A) $ 1,520,000 to carry out section 102(b)(1) of the 
     PIPES Act of 2020, of which--
       ``(i) $1,292,000 shall be from amounts made available under 
     paragraph (1)(A); and
       ``(ii) $228,000 shall be from amounts made available under 
     paragraph (2)(A);
       ``(B) $2,300,000 to carry out section 102(b)(2)(A) of the 
     PIPES Act of 2020, of which--
       ``(i) $1,955,000 shall be from amounts made available under 
     paragraph (1)(A); and
       ``(ii) $345,000 shall be from amounts made available under 
     paragraph (2)(A);
       ``(C) $1,600,000 to carry out section 102(b)(2)(B) of the 
     PIPES Act of 2020, of which--
       ``(i) $1,360,000 shall be from amounts made available under 
     paragraph (1)(B); and
       ``(ii) $240,000 shall be from amounts made available under 
     paragraph (2)(B);
       ``(D) $1,800,000 to carry out section 102(b)(2)(C) of the 
     PIPES Act of 2020, of which--
       ``(i) $ 1,530,000 shall be from amounts made available 
     under paragraph (1)(C); and
       ``(ii) $270,000 shall be from amounts made available under 
     paragraph (2)(C);
       ``(E) $2,455,000 to carry out section 102(c) of the PIPES 
     Act of 2020 in fiscal year 2021, of which--
       ``(i) $2,086,750 shall be from amounts made available under 
     paragraph (1)(A); and
       ``(ii) $368,250 shall be from amounts made available under 
     paragraph (2)(A);
       ``(F) $2,455,000 to carry out section 102(c) of the PIPES 
     Act of 2020 in fiscal year 2022, of which--
       ``(i) $2,086,750 shall be from amounts made available under 
     paragraph (1)(B); and
       ``(ii) $368,250 shall be from amounts made available under 
     paragraph (2)(B); and
       ``(G) $2,455,000 to carry out section 102(c) of the PIPES 
     Act of 2020 in fiscal year 2023, of which--
       ``(i) $2,086,750 shall be from amounts made available under 
     paragraph (1)(C); and
       ``(ii) $368,250 shall be from amounts made available under 
     paragraph (2)(C).''.
       (b) Operational Expenses.--Section 2(b) of the PIPES Act of 
     2016 (Public Law 114-183; 130 Stat. 515) is amended by 
     striking paragraphs (1) through (4) and inserting the 
     following:
       ``(1) $25,000,000 for fiscal year 2021.
       ``(2) $26,000,000 for fiscal year 2022.
       ``(3) $27,000,000 for fiscal year 2023.''.
       (c) One-call Notification Programs.--Section 6107 of title 
     49, United States Code, is amended by striking `` $1,058,000 
     for each of fiscal years 2016 through 2019'' and inserting `` 
     $1,058,000 for each of fiscal years 2021 through 2023''.
       (d) Emergency Response Grants.--Section 60125(b)(2) of 
     title 49, United States Code, is amended by striking ``fiscal 
     years 2012 through 2015'' and inserting ``fiscal years 2021 
     through 2023''.
       (e) Pipeline Safety Information Grants to Communities.--
     Section 60130 of title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``to local 
     communities and groups of individuals (not including for-
     profit entities)'' and inserting ``to local communities, 
     Indian Tribes, and groups of individuals (not including for-
     profit entities)''; and
       (ii) in the third sentence, by striking ``The amount'' and 
     inserting ``Except as provided in subsection (c)(2), the 
     amount''; and
       (B) by striking paragraph (4);
       (2) by striking subsection (c) and inserting the following:
       ``(c) Funding.--
       ``(1) In general.--Subject to paragraph (2), out of amounts 
     made available under section 2(b) of the PIPES Act of 2016 
     (Public Law 114-183; 130 Stat. 515), the Secretary shall use 
     $2,000,000 for each of fiscal years 2021 through 2023 to 
     carry out this section.
       ``(2) Improving technical assistance.--From the amounts 
     used to carry out this section under paragraph (1) each 
     fiscal year, the Secretary shall award $1,000,000 to an 
     eligible applicant through a competitive selection process 
     for the purpose of improving the quality of technical 
     assistance provided to communities or individuals under this 
     section.
       ``(3) Limitation.--Any amounts used to carry out this 
     section shall not be derived from user fees collected under 
     section 60301.''; and
       (3) by adding at the end the following:
       ``(d) Definitions.--In this section:
       ``(1) Technical assistance.--The term `technical 
     assistance' means engineering, research, and other scientific 
     analysis of pipeline safety issues, including the promotion 
     of public participation on technical pipeline safety issues 
     in proceedings related to this chapter.
       ``(2) Eligible applicant.--The term `eligible applicant' 
     means a nonprofit entity that--
       ``(A) is a public safety advocate;
       ``(B) has pipeline safety expertise;
       ``(C) is able to provide individuals and communities with 
     technical assistance; and
       ``(D) was established with funds designated for the purpose 
     of community service through the implementation of section 
     3553 of title 18 relating to violations of this chapter.''.
       (f) Damage Prevention Programs.--Section 60134(i) of title 
     49, United States Code, is amended in the first sentence by 
     striking ``fiscal years 2012 through 2015'' and inserting 
     ``fiscal years 2021 through 2023''.
       (g) Pipeline Integrity Program.--Section 12(f) of the 
     Pipeline Safety Improvement Act of 2002 (49 U.S.C. 60101 
     note; Public Law 107-355) is amended by striking ``2016 
     through 2019'' and inserting ``2021 through 2023''.

     SEC. 102. PIPELINE WORKFORCE DEVELOPMENT.

       (a) Inspector Training.--Not later than 1 year after the 
     date of enactment of this Act, the Administrator shall--
       (1) review the inspector training programs provided at the 
     Inspector Training and Qualifications Division of the 
     Administration in Oklahoma City, Oklahoma; and
       (2) determine whether any of the programs referred to in 
     paragraph (1), or any portions of the programs, could be 
     provided online through teletraining or another type of 
     distance learning.
       (b) Staffing.--
       (1) In general.--The Secretary shall increase the number of 
     full-time equivalent employees (as compared to the number of 
     positions on the date of enactment of this Act) by 8 full-
     time employees with subject matter expertise in pipeline 
     safety, pipeline facilities, and pipeline systems to finalize 
     outstanding rulemakings and fulfill congressional mandates.
       (2) Pipeline inspection and enforcement personnel.--The 
     Secretary shall ensure that the number of full-time positions 
     for pipeline inspection and enforcement personnel in the 
     Office of Pipeline Safety of the Administration does not fall 
     below the following:
       (A) 224 for fiscal year 2021.
       (B) 235 for fiscal year 2022.
       (C) 247 for fiscal year 2023.
       (c) Recruitment and Retention Incentives.--
       (1) In general.--The Secretary shall use incentives, as 
     necessary, to recruit and retain a qualified workforce, 
     including inspection and enforcement personnel and attorneys 
     and subject matter experts at the Office of Pipeline Safety 
     of the Administration, including--
       (A) special pay rates permitted under section 5305 of title 
     5, United States Code;
       (B) repayment of student loans permitted under section 5379 
     of that title;
       (C) tuition assistance permitted under chapter 41 of that 
     title;
       (D) recruitment incentives permitted under section 5753 of 
     that title; and
       (E) retention incentives permitted under section 5754 of 
     that title.
       (2) Continued service agreement.--The Secretary shall 
     ensure that the incentives described in paragraph (1) are 
     accompanied by a continued service agreement.
       (3) Approval.--The Secretary shall request, as necessary, 
     the approval of the Office of Personnel Management to use the 
     incentives described in paragraph (1).

     SEC. 103. COST RECOVERY AND FEES FOR FACILITY REVIEWS.

       (a) Fees for Compliance Reviews of Liquefied Natural Gas 
     Facilities.--Chapter 603 of title 49, United States Code, is 
     amended by inserting after section 60302 the following:

     ``Sec. 60303. Fees for compliance reviews of liquefied 
       natural gas facilities

       ``(a) Imposition of Fee.--
       ``(1) In general.--The Secretary of Transportation 
     (referred to in this section as the `Secretary') shall impose 
     on a person who files with the Federal Energy Regulatory 
     Commission an application for a liquefied natural gas 
     facility that has design and construction costs totaling not 
     less than $2,500,000,000 a fee for the necessary expenses of 
     a review, if any, that the Secretary conducts, in connection 
     with that application, to determine compliance with subpart B 
     of part 193 of title 49, Code of Federal Regulations (or 
     successor regulations).
       ``(2) Relation to other review.--The Secretary may not 
     impose fees under paragraph (1) and section 60117(o) or 
     60301(b) for the same compliance review described in 
     paragraph (1).
       ``(b) Means of Collection.--
       ``(1) In general.--The Secretary shall prescribe procedures 
     to collect fees under this section.
       ``(2) Use of government entities.--The Secretary may--
       ``(A) use a department, agency, or instrumentality of the 
     Federal Government or of a State or local government to 
     collect fees under this section; and
       ``(B) reimburse that department, agency, or instrumentality 
     a reasonable amount for the services provided.
       ``(c) Account.--There is established an account, to be 
     known as the `Liquefied Natural Gas Siting Account', in the 
     Pipeline Safety Fund established in the Treasury of the 
     United States under section 60301.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     603 of title 49, United States Code, is amended by inserting 
     after the item relating to section 60302 the following:

``60303. Fees for compliance reviews of liquefied natural gas 
              facilities.''.

     SEC. 104. ADVANCEMENT OF NEW PIPELINE SAFETY TECHNOLOGIES AND 
                   APPROACHES.

       (a) In General.--Chapter 601 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 60142. Pipeline safety enhancement programs

       ``(a) In General.--The Secretary may establish and carry 
     out limited safety-enhancing testing programs to evaluate 
     innovative technologies and operational practices testing the 
     safe operation of--
       ``(1) a natural gas pipeline facility; or
       ``(2) a hazardous liquid pipeline facility.
       ``(b) Limitations.--
       ``(1) In general.--Testing programs established under 
     subsection (a) may not exceed--
       ``(A) 5 percent of the total miles of hazardous liquid 
     pipelines in the United States that are regulated by--

[[Page H7597]]

       ``(i) the Pipeline and Hazardous Materials Safety 
     Administration; or
       ``(ii) a State authority under section 60105 or 60106; and
       ``(B) 5 percent of the total miles of natural gas pipelines 
     in the United States that are regulated by--
       ``(i) the Pipeline and Hazardous Materials Safety 
     Administration; or
       ``(ii) a State authority under section 60105 or 60106.
       ``(2) Operator mileage limitation.--The Secretary shall 
     limit the miles of pipelines that each operator can test 
     under each program established under subsection (a) to the 
     lesser of--
       ``(A) 38 percent of the total miles of pipelines in the 
     system of the operator that are regulated by--
       ``(i) the Pipeline and Hazardous Materials Safety 
     Administration; or
       ``(ii) a State authority under section 60105 or 60106; or
       ``(B) 1,000 miles.
       ``(3) Prohibited areas.--Any program established under 
     subsection (a) shall not be located in--
       ``(A) a high population area (as defined in section 195.450 
     of title 49, Code of Federal Regulations (or a successor 
     regulation));
       ``(B) a high consequence area (as defined in section 
     192.903 of title 49, Code of Federal Regulations (or a 
     successor regulation)); or
       ``(C) an unusually sensitive area (as described under 
     subsection (a)(1)(B)(ii) of section 60109 in accordance with 
     subsection (b) of that section).
       ``(4) High consequence areas for hazardous liquid 
     pipelines.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report examining the benefits and costs of 
     prohibiting the testing of hazardous liquid pipelines in high 
     consequence areas (as defined in section 195.450 of title 49, 
     Code of Federal Regulations (or a successor regulation)).
       ``(B) Contents of report.--The report described in 
     subparagraph (A) shall examine--
       ``(i) the safety benefits of allowing the testing of 
     hazardous liquid pipelines in high consequence areas (as 
     defined in section 195.450 of title 49, Code of Federal 
     Regulations (or a successor regulation)); and
       ``(ii) whether additional testing conditions are required 
     to protect those areas while conducting a testing program 
     established under subsection (a) in those areas.
       ``(c) Duration.--
       ``(1) In general.--The term of a testing program 
     established under subsection (a) shall be not more than a 
     period of 3 years beginning on the date of approval of the 
     program.
       ``(2) Requirement.--The Secretary shall not establish any 
     additional safety-enhancing testing programs under subsection 
     (a) after the date that is 3 years after the date of 
     enactment of this section.
       ``(d) Safety Standards.--
       ``(1) In general.--The Secretary shall require, as a 
     condition of approval of a testing program under subsection 
     (a), that the safety measures in the testing program are 
     designed to achieve a level of safety that is greater than 
     the level of safety required by this chapter.
       ``(2) Determination.--
       ``(A) In general.--The Secretary may issue an order under 
     subparagraph (A) of section 60118(c)(1) to accomplish the 
     purpose of a testing program for a term not to exceed the 
     time period described in subsection (c) if the condition 
     described in paragraph (1) is met, as determined by the 
     Secretary.
       ``(B) Limitation.--An order under subparagraph (A) shall 
     pertain only to those regulations that would otherwise 
     prevent the use of the safety technology to be tested under 
     the testing program.
       ``(3) Increased safety capabilities.--For purposes of 
     paragraph (1), improvement in the reliability, accuracy, 
     durability, or certainty of pipeline safety technologies, 
     techniques, or methods shall constitute an appropriate means 
     of meeting the safety measure requirement described in that 
     paragraph.
       ``(e) Considerations.--In establishing a testing program 
     under subsection (a), the Secretary shall consider--
       ``(1) the accident and incident record of the owners or 
     operators participating in the program;
       ``(2)(A) whether the owners or operators participating in 
     the program have a safety management system in place; and
       ``(B) how the application of that system proposes to 
     eliminate or mitigate potential safety and environmental 
     risks throughout the duration of the program; and
       ``(3) whether the proposed safety technology has been 
     tested through a research and development program carried out 
     by--
       ``(A) the Secretary;
       ``(B) collaborative research development organizations; or
       ``(C) other institutions.
       ``(f) Data and Findings.--
       ``(1) In general.--As a participant in a testing program 
     established under subsection (a), an owner or operator shall 
     submit to the Secretary detailed findings and a summary of 
     data collected as a result of participation in the testing 
     program.
       ``(2) Public report.--The Secretary shall make publicly 
     available on the website of the Department of Transportation 
     an annual report for any ongoing testing program established 
     under subsection (a) summarizing the progress of the program.
       ``(g) Authority to Revoke Participation.--The Secretary 
     shall immediately revoke participation in a testing program 
     under subsection (a) if--
       ``(1)(A) the participant has an accident or incident 
     involving death or personal injury necessitating in-patient 
     hospitalization; and
       ``(B) the testing program is determined to be the cause of, 
     or a contributing factor to, that accident or incident;
       ``(2) the participant fails to comply with the terms and 
     conditions of the testing program; or
       ``(3) in the determination of the Secretary, continued 
     participation in the testing program by the participant would 
     be unsafe or would not be consistent with the goals and 
     objectives of this chapter.
       ``(h) Authority to Terminate Program.--The Secretary shall 
     immediately terminate a testing program under subsection (a) 
     if continuation of the testing program would not be 
     consistent with the goals and objectives of this chapter.
       ``(i) State Rights.--
       ``(1) Exemption.--Except as provided in paragraph (2), if a 
     State submits to the Secretary notice that the State requests 
     an exemption from any testing program considered for 
     establishment under this section, the State shall be exempt.
       ``(2) Limitations.--
       ``(A) In general.--The Secretary shall not grant a 
     requested exemption under paragraph (1) after a testing 
     program is established.
       ``(B) Late notice.--The Secretary shall not grant a 
     requested exemption under paragraph (1) if the notice 
     submitted under that paragraph is submitted to the Secretary 
     more than 30 days after the date on which the Secretary 
     issues an order providing an effective date for the testing 
     program in accordance with subsection (j).
       ``(3) Effect.--If a State has not submitted a notice 
     requesting an exemption under paragraph (1), the State shall 
     not enforce any law (including regulations) that is 
     inconsistent with a testing program in effect in the State 
     under this section.
       ``(j) Program Review Process and Public Notice.--
       ``(1) In general.--The Secretary shall publish in the 
     Federal Register and send directly to each relevant State and 
     each appropriate State authority with a certification in 
     effect under section 60105 a notice of each proposed testing 
     program under subsection (a), including the order to be 
     considered, and provide an opportunity for public comment for 
     not less than 90 days.
       ``(2) Response from secretary.--Not later than the date on 
     which the Secretary issues an order providing an effective 
     date of a testing program noticed under paragraph (1), the 
     Secretary shall--
       ``(A) publish the order in the Federal Register; and
       ``(B) respond to each comment submitted under paragraph 
     (1).
       ``(k) Report to Congress.--At the conclusion of each 
     testing program, the Secretary shall make publicly available 
     on the website of the Department of Transportation a report 
     containing--
       ``(1) the findings and conclusions of the Secretary with 
     respect to the testing program; and
       ``(2) any recommendations of the Secretary with respect to 
     the testing program, including any recommendations for 
     amendments to laws (including regulations) and the 
     establishment of standards, that--
       ``(A) would enhance the safe operation of interstate gas or 
     hazardous liquid pipeline facilities; and
       ``(B) are technically, operationally, and economically 
     feasible.
       ``(l) Standards.--If a report under subsection (k) 
     indicates that it is practicable to establish technically, 
     operationally, and economically feasible standards for the 
     use of a safety-enhancing technology and any corresponding 
     operational practices tested by the testing program described 
     in the report, the Secretary, as soon as practicable after 
     submission of the report, may promulgate regulations 
     consistent with chapter 5 of title 5 (commonly known as the 
     `Administrative Procedure Act') that--
       ``(1) allow operators of interstate gas or hazardous liquid 
     pipeline facilities to use the relevant technology or 
     practice to the extent practicable; and
       ``(2) establish technically, operationally, and 
     economically feasible standards for the capability and 
     deployment of the technology or practice.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     601 of title 49, United States Code, is amended by inserting 
     after the item relating to section 60141 the following:

``60142. Pipeline safety enhancement programs.''.

     SEC. 105. PIPELINE SAFETY TESTING ENHANCEMENT STUDY.

       Not later than 2 years after the date of enactment of this 
     Act, the Secretary shall submit to the Committees on 
     Commerce, Science, and Transportation and Appropriations of 
     the Senate and the Committees on Transportation and 
     Infrastructure, Energy and Commerce, and Appropriations of 
     the House of Representatives a report relating to--
       (1) the research and development capabilities of the 
     Administration, in accordance with section 12 of the Pipeline 
     Safety Improvement Act of 2002 (49 U.S.C. 60101 note; Public 
     Law 107-355);
       (2)(A) the development of additional testing and research 
     capabilities through the establishment of an independent 
     pipeline safety testing facility under the Department of 
     Transportation;
       (B) whether an independent pipeline safety testing facility 
     would be critical to the work of the Administration;
       (C) the costs and benefits of developing an independent 
     pipeline safety testing facility under the Department of 
     Transportation; and
       (D) the costs and benefits of colocating an independent 
     pipeline safety testing facility at an existing training 
     center of the Administration; and

[[Page H7598]]

       (3) the ability of the Administration to use the testing 
     facilities of the Department of Transportation, other Federal 
     agencies, or federally funded research and development 
     centers.

     SEC. 106. REGULATORY UPDATES.

       (a) Definition of Outstanding Mandate.--In this section, 
     the term ``outstanding mandate'' means--
       (1) a final rule required to be issued under the Pipeline 
     Safety, Regulatory Certainty, and Job Creation Act of 2011 
     (Public Law 112-90; 125 Stat. 1904) that has not been 
     published in the Federal Register;
       (2) a final rule required to be issued under the PIPES Act 
     of 2016 (Public Law 114-183; 130 Stat. 514) that has not been 
     published in the Federal Register; and
       (3) any other final rule regarding gas or hazardous liquid 
     pipeline facilities required to be issued under this Act or 
     an Act enacted prior to the date of enactment of this Act 
     that has not been published in the Federal Register.
       (b) Requirements.--
       (1) Periodic updates.--Not later than 30 days after the 
     date of enactment of this Act, and every 30 days thereafter 
     until a final rule referred to in paragraphs (1) through (3) 
     of subsection (a) is published in the Federal Register, the 
     Secretary shall publish on a publicly available website of 
     the Department of Transportation an update regarding the 
     status of each outstanding mandate in accordance with 
     subsection (c).
       (2) Notification of congress.--On publication of a final 
     rule in the Federal Register for an outstanding mandate, the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a notification in accordance 
     with subsection (c).
       (c) Contents.--An update published or a notification 
     submitted under paragraph (1) or (2) of subsection (b) shall 
     contain, as applicable--
       (1) with respect to information relating to the 
     Administration--
       (A) a description of the work plan for each outstanding 
     mandate;
       (B) an updated rulemaking timeline for each outstanding 
     mandate;
       (C) the staff allocations with respect to each outstanding 
     mandate;
       (D) any resource constraints affecting the rulemaking 
     process for each outstanding mandate;
       (E) any other details associated with the development of 
     each outstanding mandate that affect the progress of the 
     rulemaking process with respect to that outstanding mandate; 
     and
       (F) a description of all rulemakings regarding gas or 
     hazardous liquid pipeline facilities published in the Federal 
     Register that are not identified under subsection (b)(2); and
       (2) with respect to information relating to the Office of 
     the Secretary--
       (A) the date that the outstanding mandate was submitted to 
     the Office of the Secretary for review;
       (B) the reason that the outstanding mandate is under review 
     beyond 45 days;
       (C) the staff allocations within the Office of the 
     Secretary with respect to each the outstanding mandate;
       (D) any resource constraints affecting review of the 
     outstanding mandate;
       (E) an estimated timeline of when review of the outstanding 
     mandate will be complete, as of the date of the update;
       (F) if applicable, the date that the outstanding mandate 
     was returned to the Administration for revision and the 
     anticipated date for resubmission to the Office of the 
     Secretary;
       (G) the date that the outstanding mandate was submitted to 
     the Office of Management and Budget for review; and
       (H) a statement of whether the outstanding mandate remains 
     under review by the Office of Management and Budget.

     SEC. 107. SELF-DISCLOSURE OF VIOLATIONS.

       Section 60122(b)(1) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (B), by striking ``and'' at the end; 
     and
       (2) by adding at the end the following:
       ``(D) self-disclosure and correction of violations, or 
     actions to correct a violation, prior to discovery by the 
     Pipeline and Hazardous Materials Safety Administration; 
     and''.

     SEC. 108. DUE PROCESS PROTECTIONS IN ENFORCEMENT PROCEEDINGS.

       (a) In General.--Section 60117 of title 49, United States 
     Code, is amended--
       (1) by redesignating subsections (b) through (o) as 
     subsections (c) through (p), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Enforcement Procedures.--
       ``(1) Process.--In implementing enforcement procedures 
     under this chapter and part 190 of title 49, Code of Federal 
     Regulations (or successor regulations), the Secretary shall--
       ``(A) allow the respondent to request the use of a consent 
     agreement and consent order to resolve any matter of fact or 
     law asserted;
       ``(B) allow the respondent and the agency to convene 1 or 
     more meetings--
       ``(i) for settlement or simplification of the issues; or
       ``(ii) to aid in the disposition of issues;
       ``(C) require that the case file in an enforcement 
     proceeding include all agency records pertinent to the 
     matters of fact and law asserted;
       ``(D) allow the respondent to reply to each post-hearing 
     submission of the agency;
       ``(E) allow the respondent to request that a hearing be 
     held, and an order be issued, on an expedited basis;
       ``(F) require that the agency have the burden of proof, 
     presentation, and persuasion in any enforcement matter;
       ``(G) require that any order contain findings of relevant 
     fact and conclusions of law;
       ``(H) require the Office of Pipeline Safety to file a post-
     hearing recommendation not later than 30 days after the 
     deadline for any post-hearing submission of a respondent;
       ``(I) require an order on a petition for reconsideration to 
     be issued not later than 120 days after the date on which the 
     petition is filed; and
       ``(J) allow an operator to request that an issue of 
     controversy or uncertainty be addressed through a declaratory 
     order in accordance with section 554(e) of title 5.
       ``(2) Open to the public.--A hearing under this section 
     shall be--
       ``(A) noticed to the public on the website of the Pipeline 
     and Hazardous Materials Safety Administration; and
       ``(B) in the case of a formal hearing (as defined in 
     section 190.3 of title 49, Code of Federal Regulations (or a 
     successor regulation)), open to the public.
       ``(3) Transparency.--
       ``(A) Agreements, orders, and judgments open to the 
     public.--With respect to each enforcement proceeding under 
     this chapter, the Administrator of the Pipeline and Hazardous 
     Materials Safety Administration shall make publicly available 
     on the website of the Administration--
       ``(i) the charging documents;
       ``(ii) the written response of the respondent, if filed; 
     and
       ``(iii) any consent agreement, consent order, order, or 
     judgment resulting from a hearing under this chapter.
       ``(B) Gao report on pipeline safety program collection and 
     transparency of enforcement proceedings.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of the PIPES Act of 2020, the Comptroller General 
     of the United States shall--

       ``(I) review information on pipeline enforcement actions 
     that the Pipeline and Hazardous Materials Safety 
     Administration makes publicly available on the internet; and
       ``(II) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report on that review, 
     including any recommendations under clause (iii).

       ``(ii) Contents.--The report under clause (i)(II) shall 
     include--

       ``(I) a description of the process that the Pipeline and 
     Hazardous Materials Safety Administration uses to collect and 
     record enforcement information;
       ``(II) an assessment of whether and, if so, how the 
     Pipeline and Hazardous Materials Safety Administration 
     ensures that enforcement information is made available to the 
     public in an accessible manner; and
       ``(III) an assessment of the information described in 
     clause (i)(I).

       ``(iii) Recommendations.--The report under clause (i)(II) 
     may include recommendations regarding--

       ``(I) any improvements that could be made to the 
     accessibility of the information described in clause (i)(I);
       ``(II) whether and, if so, how the information described in 
     clause (i)(I) could be made more transparent; and
       ``(III) any other recommendations that the Comptroller 
     General of the United States considers appropriate.

       ``(4) Savings clause.--Nothing in this subsection alters 
     the procedures applicable to--
       ``(A) an emergency order under subsection (p);
       ``(B) a safety order under subsection (m); or
       ``(C) a corrective action order under section 60112.''.
       (b) Conforming Amendments.--
       (1) Section 60109(g)(4) of title 49, United States Code, is 
     amended by striking ``section 60117(c)'' and inserting 
     ``section 60117(d)''.
       (2) Section 60117(p) of title 49, United States Code (as 
     redesignated by subsection (a)(1)), is amended, in paragraph 
     (3)(E), by striking ``60117(l)'' and inserting ``subsection 
     (m)''.
       (3) Section 60118(a)(3) of title 49, United States Code, is 
     amended by striking ``section 60117(a)-(d)'' and inserting 
     ``subsections (a) through (e) of section 60117''.

     SEC. 109. PIPELINE OPERATING STATUS.

       (a) In General.--Chapter 601 of title 49, United States 
     Code (as amended by section 104(a)), is amended by adding at 
     the end the following:

     ``Sec. 60143. Idled pipelines

       ``(a) Definition of Idled.--In this section, the term 
     `idled', with respect to a pipeline, means that the 
     pipeline--
       ``(1)(A) has ceased normal operations; and
       ``(B) will not resume service for a period of not less than 
     180 days;
       ``(2) has been isolated from all sources of hazardous 
     liquid, natural gas, or other gas; and
       ``(3)(A) has been purged of combustibles and hazardous 
     materials and maintains a blanket of inert, nonflammable gas 
     at low pressure; or
       ``(B) has not been purged as described in subparagraph (A), 
     but the volume of gas is so small that there is no potential 
     hazard, as determined by the Secretary pursuant to a rule.
       ``(b) Rulemaking.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the PIPES Act of 2020, the Secretary shall 
     promulgate regulations prescribing the applicability of the 
     pipeline safety requirements to idled natural or other gas 
     transmission and hazardous liquid pipelines.
       ``(2) Requirements.--
       ``(A) In general.--The applicability of the regulations 
     under paragraph (1) shall be based on the risk that idled 
     natural or other gas transmission and hazardous liquid 
     pipelines pose to the public, property, and the environment, 
     and shall include requirements to resume operation.

[[Page H7599]]

       ``(B) Inspection.--The Secretary or an appropriate State 
     agency shall inspect each idled pipeline and verify that the 
     pipeline has been purged of combustibles and hazardous 
     materials, if required under subsection (a).
       ``(C) Requirements for reinspection.--The Secretary shall 
     determine the requirements for periodic reinspection of idled 
     natural or other gas transmission and hazardous liquid 
     pipelines.
       ``(D) Resumption of operations.--As a condition to allowing 
     an idled pipeline to resume operations, the Secretary shall 
     require that, prior to resuming operations, the pipeline 
     shall be--
       ``(i) inspected with--

       ``(I) hydrostatic pressure testing;
       ``(II) an internal inspection device; or
       ``(III) if the use of hydrostatic pressure testing or an 
     internal inspection device is not technologically feasible, 
     another comparable technology or practice; and

       ``(ii) in compliance with regulations promulgated under 
     this chapter, including any regulations that became effective 
     while the pipeline was idled.''.
       (b) Clerical Amendment.--The table of sections for chapter 
     601 of title 49, United States Code (as amended by section 
     104(b)), is amended by inserting after the item relating to 
     section 60142 the following:

``60143. Idled pipelines.''.

     SEC. 110. UPDATES TO STANDARDS FOR LIQUEFIED NATURAL GAS 
                   FACILITIES.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall--
       (1) review the minimum operating and maintenance standards 
     prescribed under section 60103(d) of title 49, United States 
     Code; and
       (2) based on the review under paragraph (1), update the 
     standards described in that paragraph applicable to large-
     scale liquefied natural gas facilities (other than peak 
     shaving facilities) to provide for a risk-based regulatory 
     approach for such facilities, consistent with this section.
       (b) Scope.--In updating the minimum operating and 
     maintenance standards under subsection (a)(2), the Secretary 
     shall ensure that all regulations, guidance, and internal 
     documents--
       (1) are developed and applied in a manner consistent with 
     this section; and
       (2) achieve a level of safety that is equivalent to, or 
     greater than, the level of safety required by the standards 
     prescribed as of the date of enactment of this Act under--
       (A) section 60103(d) of title 49, United States Code; and
       (B) part 193 of title 49, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).
       (c) Requirements.--The updates to the operating and 
     maintenance standards required under subsection (a)(2) shall, 
     at a minimum, require operators--
       (1) to develop and maintain written safety information 
     identifying hazards associated with--
       (A) the processes of liquefied natural gas conversion, 
     storage, and transport;
       (B) equipment used in the processes; and
       (C) technology used in the processes;
       (2) to conduct a hazard assessment, including the 
     identification of potential sources of accidental releases;
       (3)(A) to consult with employees and representatives of 
     employees on the development and execution of hazard 
     assessments under paragraph (2); and
       (B) to provide employees access to the records of the 
     hazard assessments and any other records required under the 
     updated standards;
       (4) to establish a system to respond to the findings of a 
     hazard assessment conducted under paragraph (2) that 
     addresses prevention, mitigation, and emergency responses;
       (5) to review, when a design change occurs, the most recent 
     hazard assessment conducted under paragraph (2) and the 
     response system established under paragraph (4);
       (6) to develop and implement written operating procedures 
     for the processes of liquefied natural gas conversion, 
     storage, and transport;
       (7)(A) to provide written safety and operating information 
     to employees; and
       (B) to train employees in operating procedures with an 
     emphasis on addressing hazards and using safe practices;
       (8) to ensure contractors and contract employees are 
     provided appropriate information and training;
       (9) to train and educate employees and contractors in 
     emergency response;
       (10) to establish a quality assurance program to ensure 
     that equipment, maintenance materials, and spare parts 
     relating to the operations and maintenance of liquefied 
     natural gas facilities are fabricated and installed 
     consistent with design specifications;
       (11) to establish maintenance systems for critical process-
     related equipment, including written procedures, employee 
     training, appropriate inspections, and testing of that 
     equipment to ensure ongoing mechanical integrity;
       (12) to conduct pre-start-up safety reviews of all newly 
     installed or modified equipment;
       (13) to establish and implement written procedures to 
     manage change to processes of liquefied natural gas 
     conversion, storage, and transport, technology, equipment, 
     and facilities; and
       (14)(A) to investigate each incident that results in, or 
     could have resulted in--
       (i) loss of life;
       (ii) destruction of private property; or
       (iii) a major accident; and
       (B) to have operating personnel--
       (i) review any findings of an investigation under 
     subparagraph (A); and
       (ii) if appropriate, take responsive measures.
       (d) Submission and Approval.--
       (1) In general.--The Secretary shall require that operators 
     that are subject to the regulations under subsection (a)(2) 
     submit to the Secretary for approval a plan for the 
     implementation of the requirements described in subsection 
     (c).
       (2) Requirement.--The implementation plan described in 
     paragraph (1) shall include--
       (A) an anticipated schedule for the implementation of the 
     requirements described in subsection (c); and
       (B) an overview of the process for implementation.
       (e) Inspection and Compliance Assurance.--
       (1) Determination of inadequate programs.--If the Secretary 
     determines during an inspection carried out under chapter 601 
     of title 49, United States Code, that an operator's 
     implementation of the requirements described in subsection 
     (c) does not comply with the requirements of that chapter 
     (including any regulations promulgated under that chapter), 
     has not been adequately implemented, is inadequate for the 
     safe operation of a large-scale liquefied natural gas 
     facility, or is otherwise inadequate, the Secretary may 
     conduct enforcement proceedings under that chapter.
       (2) Savings clause.--Nothing in this section shall affect 
     the authority of the Secretary to carry out inspections or 
     conduct enforcement proceedings under chapter 601 of title 
     49, United States Code.
       (f) Emergencies and Compliance.--Nothing in this section 
     may be construed to diminish or modify--
       (1) the authority of the Secretary under this title to act 
     in the case of an emergency; or
       (2) the authority of the Secretary under sections 60118 
     through 60123 of title 49, United States Code.
       (g) Civil Penalties.--A person violating the standards 
     prescribed under this section, including any revisions to the 
     minimum operating and maintenance standards prescribed under 
     60103 of title 49, United States Code, shall be liable for a 
     civil penalty that may not exceed $200,000 for each violation 
     pursuant to section 60122(a)(1) of that title.

     SEC. 111. NATIONAL CENTER OF EXCELLENCE FOR LIQUEFIED NATURAL 
                   GAS SAFETY.

       (a) Definitions.--In this section:
       (1) Center.--The term ``Center'' means the National Center 
     of Excellence for Liquefied Natural Gas Safety that may be 
     established under subsection (b).
       (2) LNG.--The term ``LNG'' means liquefied natural gas.
       (3) LNG sector stakeholder.--The term ``LNG sector 
     stakeholder'' means a representative of--
       (A) LNG facilities that represent the broad array of LNG 
     facilities operating in the United States;
       (B) States, Indian Tribes, and units of local government;
       (C) postsecondary education;
       (D) labor organizations;
       (E) safety organizations; or
       (F) Federal regulatory agencies of jurisdiction, which may 
     include--
       (i) the Administration;
       (ii) the Federal Energy Regulatory Commission;
       (iii) the Department of Energy;
       (iv) the Occupational Safety and Health Administration;
       (v) the Coast Guard; and
       (vi) the Maritime Administration.
       (b) Establishment.--Only after submitting the report under 
     subsection (c) to the committees of Congress described in 
     that subsection, and subject to the availability of funds 
     appropriated by Congress for the applicable purpose, the 
     Secretary, in consultation with LNG sector stakeholders, may 
     establish a center, to be known as the ``National Center of 
     Excellence for Liquefied Natural Gas Safety''.
       (c) Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committees on Commerce, Science, and Transportation and 
     Appropriations of the Senate and the Committees on 
     Transportation and Infrastructure, Energy and Commerce, and 
     Appropriations of the House of Representatives a report on--
       (A) the resources necessary to establish the Center; and
       (B) the manner in which the Center will carry out the 
     functions described in subsection (d).
       (2) Requirement.--The report under paragraph (1) shall 
     include an estimate of all potential costs and appropriations 
     necessary to carry out the functions described in subsection 
     (d).
       (d) Functions.--The Center shall, for activities regulated 
     under section 60103 of title 49, United States Code, enhance 
     the United States as the leader and foremost expert in LNG 
     operations by--
       (1) furthering the expertise of the Federal Government in 
     the operations, management, and regulatory practices of LNG 
     facilities through--
       (A) the use of performance-based principles;
       (B) experience and familiarity with LNG operational 
     facilities; and
       (C) increased communication with LNG experts to learn and 
     support state-of-the-art operational practices;
       (2) acting as a repository of information on best practices 
     for the operation of LNG facilities; and
       (3) facilitating collaboration among LNG sector 
     stakeholders.
       (e) Location.--
       (1) In general.--The Center shall be located in close 
     proximity to critical LNG transportation infrastructure on, 
     and connecting to, the Gulf of Mexico, as determined by the 
     Secretary.
       (2) Considerations.--In determining the location of the 
     Center, the Secretary shall--
       (A) take into account the strategic value of locating 
     resources in close proximity to LNG facilities; and

[[Page H7600]]

       (B) locate the Center in the State with the largest LNG 
     production capacity, as determined by the total capacity (in 
     billion cubic feet per day) of LNG production authorized by 
     the Federal Energy Regulatory Commission under section 3 of 
     the Natural Gas Act (15 U.S.C. 717b) as of the date of 
     enactment of this Act.
       (f) Coordination With TQ Training Center.--In carrying out 
     the functions described in subsection (d), the Center shall 
     coordinate with the Training and Qualifications Training 
     Center of the Administration in Oklahoma City, Oklahoma, to 
     facilitate knowledge sharing among, and enhanced training 
     opportunities for, Federal and State pipeline safety 
     inspectors and investigators.
       (g) Joint Operation With Educational Institution.--The 
     Secretary may enter into an agreement with an appropriate 
     official of an institution of higher education--
       (1) to provide for joint operation of the Center; and
       (2) to provide necessary administrative services for the 
     Center.

     SEC. 112. PRIORITIZATION OF RULEMAKING.

       (a) Rulemaking.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue a final rule 
     with respect to the portion of the proposed rule issued on 
     April 8, 2016, entitled ``Pipeline Safety: Safety of Gas 
     Transmission and Gathering Pipelines'' (81 Fed. Reg. 20722; 
     Docket No. PHMSA-2011-0023) that relates to the consideration 
     of gathering pipelines.
       (b) Study.--Not later than 1 year after the date of 
     enactment of this Act, the Comptroller General of the United 
     States shall--
       (1) review the extent to which geospatial and technical 
     data is collected by operators of gathering lines, including 
     design and material specifications;
       (2) analyze information collected by operators of gathering 
     lines when the mapping information described in paragraph (1) 
     is not available for a gathering line; and
       (3) assess any plans and timelines of operators of 
     gathering lines to develop the mapping information described 
     in paragraph (1) or otherwise collect information described 
     in paragraph (2).
       (c) Report.--The Comptroller General of the United States 
     shall submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report on the review required 
     under subsection (b), including any recommendations that the 
     Comptroller General of the United States may have as a result 
     of the review.

     SEC. 113. LEAK DETECTION AND REPAIR.

       Section 60102 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(q) Gas Pipeline Leak Detection and Repair.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     final regulations that require operators of regulated 
     gathering lines (as defined pursuant to subsection (b) of 
     section 60101 for purposes of subsection (a)(21) of that 
     section) in a Class 2 location, Class 3 location, or Class 4 
     location, as determined under section 192.5 of title 49, Code 
     of Federal Regulations, operators of new and existing gas 
     transmission pipeline facilities, and operators of new and 
     existing gas distribution pipeline facilities to conduct leak 
     detection and repair programs--
       ``(A) to meet the need for gas pipeline safety, as 
     determined by the Secretary; and
       ``(B) to protect the environment.
       ``(2) Leak detection and repair programs.--
       ``(A) Minimum performance standards.--The final regulations 
     promulgated under paragraph (1) shall include, for the leak 
     detection and repair programs described in that paragraph, 
     minimum performance standards that reflect the capabilities 
     of commercially available advanced technologies that, with 
     respect to each pipeline covered by the programs, are 
     appropriate for--
       ``(i) the type of pipeline;
       ``(ii) the location of the pipeline;
       ``(iii) the material of which the pipeline is constructed; 
     and
       ``(iv) the materials transported by the pipeline.
       ``(B) Requirement.--The leak detection and repair programs 
     described in paragraph (1) shall be able to identify, locate, 
     and categorize all leaks that--
       ``(i) are hazardous to human safety or the environment; or
       ``(ii) have the potential to become explosive or otherwise 
     hazardous to human safety.
       ``(3) Advanced leak detection technologies and practices.--
       ``(A) In general.--The final regulations promulgated under 
     paragraph (1) shall--
       ``(i) require the use of advanced leak detection 
     technologies and practices described in subparagraph (B);
       ``(ii) identify any scenarios where operators may use leak 
     detection practices that depend on human senses; and
       ``(iii) include a schedule for repairing or replacing each 
     leaking pipe, except a pipe with a leak so small that it 
     poses no potential hazard, with appropriate deadlines.
       ``(B) Advanced leak detection technologies and practices 
     described.--The advanced leak detection technologies and 
     practices referred to in subparagraph (A)(i) include--
       ``(i) for new and existing gas distribution pipeline 
     facilities, technologies and practices to detect pipeline 
     leaks--

       ``(I) through continuous monitoring on or along the 
     pipeline; or
       ``(II) through periodic surveys with handheld equipment, 
     equipment mounted on mobile platforms, or other means using 
     commercially available technology;

       ``(ii) for new and existing gas transmission pipeline 
     facilities, technologies and practices to detect pipeline 
     leaks through--

       ``(I) equipment that is capable of continuous monitoring; 
     or
       ``(II) periodic surveys with handheld equipment, equipment 
     mounted on mobile platforms, or other means using 
     commercially available technology; and

       ``(iii) for regulated gathering lines in Class 2 locations, 
     Class 3 locations, or Class 4 locations, technologies and 
     practices to detect pipeline leaks through--

       ``(I) equipment that is capable of continuous monitoring; 
     or
       ``(II) periodic surveys with handheld equipment, equipment 
     mounted on mobile platforms, or other means using 
     commercially available technology.

       ``(4) Rules of construction.--
       ``(A) Surveys and timelines.--In promulgating regulations 
     under this subsection, the Secretary--
       ``(i) may not reduce the frequency of surveys required 
     under any other provision of this chapter or stipulated by 
     regulation as of the date of enactment of this subsection; 
     and
       ``(ii) may not extend the duration of any timelines for the 
     repair or remediation of leaks that are stipulated by 
     regulation as of the date of enactment of this subsection.
       ``(B) Application.--The limitations in this paragraph do 
     not restrict the Secretary's ability to modify any 
     regulations through proceedings separate from or subsequent 
     to the final regulations required under paragraph (1).
       ``(C) Existing authority.--Nothing in this subsection may 
     be construed to alter the authority of the Secretary to 
     regulate gathering lines as defined pursuant to section 
     60101.''.

     SEC. 114. INSPECTION AND MAINTENANCE PLANS.

       (a) In General.--Section 60108 of title 49, United States 
     Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``, must meet the requirements of any regulations promulgated 
     under section 60102(q),'' after ``the need for pipeline 
     safety'';
       (ii) in subparagraph (C), by striking ``and'' at the end; 
     and
       (iii) by striking subparagraph (D) and inserting the 
     following:
       ``(D) the extent to which the plan will contribute to--
       ``(i) public safety;
       ``(ii) eliminating hazardous leaks and minimizing releases 
     of natural gas from pipeline facilities; and
       ``(iii) the protection of the environment; and
       ``(E) the extent to which the plan addresses the 
     replacement or remediation of pipelines that are known to 
     leak based on the material (including cast iron, unprotected 
     steel, wrought iron, and historic plastics with known 
     issues), design, or past operating and maintenance history of 
     the pipeline.''; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Review of plans.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this subparagraph, and not less frequently than 
     once every 5 years thereafter, the Secretary or relevant 
     State authority with a certification in effect under section 
     60105 shall review each plan described in this subsection.
       ``(B) Context of review.--The Secretary may conduct a 
     review under this paragraph as an element of the inspection 
     of the operator carried out by the Secretary under subsection 
     (b).
       ``(C) Inadequate programs.--If the Secretary determines 
     that a plan reviewed under this paragraph does not comply 
     with the requirements of this chapter (including any 
     regulations promulgated under this chapter), has not been 
     adequately implemented, is inadequate for the safe operation 
     of a pipeline facility, or is otherwise inadequate, the 
     Secretary may conduct enforcement proceedings under this 
     chapter.''; and
       (2) in subsection (b)(1)(B), by inserting ``construction 
     material,'' after ``method of construction,''.
       (b) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, each pipeline operator shall update 
     the inspection and maintenance plan prepared by the operator 
     under section 60108(a) of title 49, United States Code, to 
     address the elements described in the amendments to that 
     section made by subsection (a).
       (c) Inspection and Maintenance Plan Oversight.--
       (1) Study.--The Comptroller General of the United States 
     shall conduct a study to evaluate the procedures used by the 
     Secretary and States in reviewing plans prepared by pipeline 
     operators under section 60108(a) of title 49, United States 
     Code, pursuant to subsection (b) in minimizing releases of 
     natural gas from pipeline facilities.
       (2) Report of the comptroller general of the united 
     states.--Not later than 1 year after the Secretary's review 
     of the operator plans prepared under section 60108(a) of 
     title 49, United States Code, the Comptroller General of the 
     United States shall submit to the Secretary, the Committee on 
     Commerce, Science, and Transportation of the Senate, and the 
     Committees on Transportation and Infrastructure and Energy 
     and Commerce of the House of Representatives a report that--
       (A) describes the results of the study conducted under 
     paragraph (1), including an evaluation of the procedures used 
     by the Secretary and States in reviewing the effectiveness of 
     the plans prepared by pipeline operators under section 
     60108(a) of title 49, United States Code, pursuant to 
     subsection (b) in minimizing releases of natural gas from 
     pipeline facilities; and
       (B) provides recommendations for how to further minimize 
     releases of natural gas from pipeline facilities without 
     compromising pipeline

[[Page H7601]]

     safety based on observations and information obtained through 
     the study conducted under paragraph (1).
       (3) Response of the secretary.--Not later than 90 days 
     after the date on which the report under paragraph (2) is 
     published, the Secretary shall submit to the Committee on 
     Commerce, Science, and Transportation of the Senate and the 
     Committees on Transportation and Infrastructure and Energy 
     and Commerce of the House of Representatives a report that 
     includes a response to the results of the study conducted 
     under paragraph (1) and the recommendations contained in the 
     report submitted under paragraph (2).
       (d) Best Available Technologies or Practices.--
       (1) Report of the secretary.--Not later than 18 months 
     after the date of enactment of this Act, the Secretary shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report--
       (A) discussing--
       (i) the best available technologies or practices to prevent 
     or minimize, without compromising pipeline safety, the 
     release of natural gas when making planned repairs, 
     replacements, or maintenance to a pipeline facility;
       (ii) the best available technologies or practices to 
     prevent or minimize, without compromising pipeline safety, 
     the release of natural gas when the operator intentionally 
     vents or releases natural gas, including blowdowns; and
       (iii) pipeline facility designs that, without compromising 
     pipeline safety, mitigate the need to intentionally vent 
     natural gas; and
       (B) recommending a timeline for updating pipeline safety 
     regulations, as the Secretary determines to be appropriate, 
     to address the matters described in subparagraph (A).
       (2) Rulemaking.--Not later than 180 days after the date on 
     which the Secretary submits the report under this subsection, 
     the Secretary shall update pipeline safety regulations that 
     the Secretary has determined are necessary to protect the 
     environment without compromising pipeline safety.

     SEC. 115. CONSIDERATION OF PIPELINE CLASS LOCATION CHANGES.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator of the Pipeline and 
     Hazardous Materials Safety Administration shall--
       (1) review all comments submitted in response to the 
     advance notice of proposed rulemaking entitled ``Pipeline 
     Safety: Class Location Change Requirements'' (83 Fed. Reg. 
     36861 (July 31, 2018));
       (2) complete any other activities or procedures necessary--
       (A) to make a determination whether to publish a notice of 
     proposed rulemaking; and
       (B) if a positive determination is made under subparagraph 
     (A), to advance in the rulemaking process, including by 
     taking any actions required under section 60115 of title 49, 
     United State Code; and
       (3) consider the issues raised in the report to Congress 
     entitled ``Evaluation of Expanding Pipeline Integrity 
     Management Beyond High-Consequence Areas and Whether Such 
     Expansion Would Mitigate the Need for Gas Pipeline Class 
     Location Requirements'' prepared by the Pipeline and 
     Hazardous Materials Safety Administration and submitted to 
     Congress on June 8, 2016, including the adequacy of existing 
     integrity management programs.
       (b) Rule of Construction.--Nothing in this section may be 
     construed to require the Administrator of the Pipeline and 
     Hazardous Materials Safety Administration to publish a notice 
     of proposed rulemaking or otherwise continue the rulemaking 
     process with respect to the advance notice of proposed 
     rulemaking described in subsection (a)(1).
       (c) Reporting.--For purposes of this section, the 
     requirements of section 106 shall apply during the period 
     beginning on the date that is 180 days after the date of 
     enactment of this Act and ending on the date on which the 
     requirements of subsection (a) are completed.

     SEC. 116. PROTECTION OF EMPLOYEES PROVIDING PIPELINE SAFETY 
                   INFORMATION.

       Section 60129 of title 49, United States Code, is amended--
       (1) in subsection (a)(1), in the matter preceding 
     subparagraph (A), by striking ``employee with'' and inserting 
     ``current or former employee with'';
       (2) in subsection (b)(3), by adding at the end the 
     following:
       ``(D) De novo review.--
       ``(i) In general.--With respect to a complaint under 
     paragraph (1), if the Secretary of Labor has not issued a 
     final decision by the date that is 210 days after the date on 
     which the complaint was filed, and if the delay is not due to 
     the bad faith of the employee who filed the complaint, that 
     employee may bring an original action at law or equity for de 
     novo review in the appropriate district court of the United 
     States, which shall have jurisdiction over such action 
     without regard to the amount in controversy, and which action 
     shall, at the request of either party to the action, be tried 
     by the court with a jury.
       ``(ii) Burdens of proof.--An original action described in 
     clause (i) shall be governed by the same legal burdens of 
     proof specified in paragraph (2)(B) for review by the 
     Secretary of Labor.''; and
       (3) by adding at the end the following:
       ``(e) Nonenforceability of Certain Provisions Waiving 
     Rights and Remedies or Requiring Arbitration of Disputes.--
       ``(1) Waiver of rights and remedies.--The rights and 
     remedies provided under this section may not be waived by any 
     agreement, policy, form, or condition of employment, 
     including by a predispute arbitration agreement.
       ``(2) Predispute arbitration agreements.--No provision of a 
     predispute arbitration agreement shall be valid or 
     enforceable if the provision requires arbitration of a 
     dispute arising under subsection (a)(1).''.

     SEC. 117. INTERSTATE DRUG AND ALCOHOL OVERSIGHT.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall amend the auditing 
     program for the drug and alcohol regulations in part 199 of 
     title 49, Code of Federal Regulations, to improve the 
     efficiency and processes of those regulations as applied to--
       (1) operators; and
       (2) pipeline contractors working for multiple operators in 
     multiple States.
       (b) Requirement.--In carrying out subsection (a), the 
     Secretary shall minimize duplicative audits of the same 
     operators, and the contractors working for those operators, 
     by the Administration and multiple State agencies.
       (c) Rule of Construction.--Nothing in this section may be 
     construed to require modification of the inspection or 
     enforcement authority of any Federal agency or State.

     SEC. 118. PURPOSE AND GENERAL AUTHORITY.

       Section 60102(b)(5) of title 49, United States Code, is 
     amended--
       (1) by striking ``Chapter'' and inserting ``chapter''; and
       (2) by inserting ``, including safety and environmental 
     benefits,'' after ``benefits''.

     SEC. 119. NATIONAL ACADEMY OF SCIENCES STUDY ON AUTOMATIC AND 
                   REMOTE-CONTROLLED SHUT-OFF VALVES ON EXISTING 
                   PIPELINES.

       (a) Study.--The Secretary shall enter into an arrangement 
     with the National Academy of Sciences under which the 
     National Academy of Sciences shall conduct a study of 
     potential methodologies or standards for the installation of 
     automatic or remote-controlled shut-off valves on an existing 
     pipeline in--
       (1) a high consequence area (as defined in section 192.903 
     of title 49, Code of Federal Regulations (or a successor 
     regulation)) for a gas transmission pipeline facility; or
       (2) for a hazardous liquid pipeline facility--
       (A) a commercially navigable waterway (as defined in 
     section 195.450 of that title (or a successor regulation)); 
     or
       (B) an unusually sensitive area (as defined in section 
     195.6 of that title (or a successor regulation)).
       (b) Factors for Consideration.--In conducting the study 
     under subsection (a), the National Academy of Sciences shall 
     take into consideration, as applicable--
       (1) methodologies that conform to the recommendations 
     submitted by the National Transportation Safety Board to the 
     Pipeline and Hazardous Materials Safety Administration and 
     Congress regarding automatic and remote-controlled shut-off 
     valves;
       (2) to the extent practicable, compatibility with existing 
     regulations of the Administration, including any regulations 
     promulgated pursuant to docket number PHMSA-2013-0255, 
     relating to the installation of automatic and remote-
     controlled shutoff valves;
       (3) methodologies that maximize safety and environmental 
     benefits; and
       (4) the economic, technical, and operational feasibility of 
     installing automatic or remote-controlled shut-off valves on 
     existing pipelines by employing such methodologies or 
     standards.
       (c) Report.--Not later than 2 years after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a report describing the results 
     of the study under subsection (a).

     SEC. 120. UNUSUALLY SENSITIVE AREAS.

       (a) Certain Coastal Waters; Coastal Beaches.--Section 19(b) 
     of the PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 
     114-183) is amended--
       (1) by striking ``The Secretary'' and inserting the 
     following: ``
       ``(1) Definitions.--In this subsection:
       ``(A) Certain coastal waters.--The term `certain coastal 
     waters' means--
       ``(i) the territorial sea of the United States;
       ``(ii) the Great Lakes and their connecting waters; and
       ``(iii) the marine and estuarine waters of the United 
     States up to the head of tidal influence.
       ``(B) Coastal beach.--The term `coastal beach' means any 
     land between the high- and low-water marks of certain coastal 
     waters.
       ``(2) Revision.--The Secretary''; and
       (2) in paragraph (2) (as so designated), by striking 
     ``marine coastal waters'' and inserting ``certain coastal 
     waters''.
       (b) Certain Coastal Waters.--Section 60109(b)(2) of title 
     49, United States Code, is amended by striking ``marine 
     coastal waters'' and inserting ``certain coastal waters''.
       (c) Update to Regulations.--The Secretary shall complete 
     the revision to regulations required under section 19(b) of 
     the PIPES Act of 2016 (49 U.S.C. 60109 note; Public Law 114-
     183) (as amended by subsection (a)) by not later than 90 days 
     after the date of enactment of this Act.
       (d) Hazardous Liquid Pipeline Facilities Located in Certain 
     Areas.--Section 60109(g) of title 49, United States Code, is 
     amended--
       (1) in paragraph (1)(B), by inserting ``, but not less 
     often than once every 12 months'' before the period at the 
     end; and
       (2) by adding at the end the following:
       ``(5) Considerations.--In carrying out this subsection, 
     each operator shall implement procedures that assess 
     potential impacts by maritime

[[Page H7602]]

     equipment or other vessels, including anchors, anchor chains, 
     or any other attached equipment.''.

     SEC. 121. SAFETY-RELATED CONDITION REPORTS.

       Section 60102(h) of title 49, United States Code, is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Submission of report.--As soon as practicable, but 
     not later than 5 business days, after a representative of a 
     person to whom this section applies first establishes that a 
     condition described in paragraph (1) exists, the operator 
     shall submit the report required under that paragraph to--
       ``(A) the Secretary;
       ``(B) the appropriate State authority or, where no 
     appropriate State authority exists, to the Governor of a 
     State where the subject of the Safety Related Condition 
     report occurred; and
       ``(C) the appropriate Tribe where the subject of the Safety 
     Related Condition report occurred.
       ``(3) Submission of report to other entities.--Upon 
     request, a State authority or a Governor that receives a 
     report submitted under this subsection may submit the report 
     to any relevant emergency response or planning entity, 
     including any--
       ``(A) State emergency response commission established 
     pursuant to section 301 of the Emergency Planning and 
     Community Right-To-Know Act of 1986 (42 U.S.C. 11001);
       ``(B) Tribal emergency response commission or emergency 
     planning committee (as defined in part 355 of title 40, Code 
     of Federal Regulations (or a successor regulation));
       ``(C) local emergency planning committee established 
     pursuant to section 301 of the Emergency Planning and 
     Community Right-To-Know Act of 1986 (42 U.S.C. 11001); or
       ``(D) other public agency responsible for emergency 
     response.''.

     SEC. 122. RISK ANALYSIS AND INTEGRITY MANAGEMENT PROGRAMS.

       Section 60109(c) of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(12) Distribution pipelines.--
       ``(A) Study.--The Secretary shall conduct a study of 
     methods that may be used under paragraph (3), other than 
     direct assessment, to assess distribution pipelines to 
     determine whether any such method--
       ``(i) would provide a greater level of safety than direct 
     assessment of the pipelines; and
       ``(ii) is feasible.
       ``(B) Report.--Not later than 2 years after the date of 
     enactment of this paragraph, the Secretary shall submit to 
     the Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Energy and Commerce and 
     Transportation and Infrastructure of the House of 
     Representatives a report describing--
       ``(i) the results of the study under subparagraph (A); and
       ``(ii) recommendations based on that study, if any.''.

     SEC. 123. RULE OF CONSTRUCTION.

       Nothing in this title or an amendment made by this title 
     may be construed to affect the authority of the Administrator 
     of the Environmental Protection Agency under the Clean Air 
     Act (42 U.S.C. 7401 et seq.), the authority of the Secretary 
     of the Interior under the Mineral Leasing Act (30 U.S.C. 181 
     et seq.), or the authority of any State, to regulate a 
     release of pollutants or hazardous substances to air, water, 
     or land, including through the establishment and enforcement 
     of requirements relating to such release.

              TITLE II--LEONEL RONDON PIPELINE SAFETY ACT

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Leonel Rondon Pipeline 
     Safety Act''.

     SEC. 202. DISTRIBUTION INTEGRITY MANAGEMENT PLANS.

       (a) In General.--Section 60109(e) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(7) Evaluation of risk.--
       ``(A) In general.--Not later than 2 years after the date of 
     enactment of this paragraph, the Secretary shall promulgate 
     regulations to ensure that each distribution integrity 
     management plan developed by an operator of a distribution 
     system includes an evaluation of--
       ``(i) the risks resulting from the presence of cast iron 
     pipes and mains in the distribution system; and
       ``(ii) the risks that could lead to or result from the 
     operation of a low-pressure distribution system at a pressure 
     that makes the operation of any connected and properly 
     adjusted low-pressure gas burning equipment unsafe, as 
     determined by the Secretary.
       ``(B) Consideration.--In carrying out subparagraph (A)(ii), 
     the Secretary shall ensure that an operator of a distribution 
     system--
       ``(i) considers factors other than past observed abnormal 
     operating conditions (as defined in section 192.803 of title 
     49, Code of Federal Regulations (or a successor regulation)) 
     in ranking risks and identifying measures to mitigate those 
     risks; and
       ``(ii) may not determine that there are no potential 
     consequences associated with low probability events unless 
     that determination is otherwise supported by engineering 
     analysis or operational knowledge.
       ``(C) Deadlines.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this paragraph, each operator of a distribution 
     system shall make available to the Secretary or the relevant 
     State authority with a certification in effect under section 
     60105, as applicable, a copy of--

       ``(I) the distribution integrity management plan of the 
     operator;
       ``(II) the emergency response plan under section 
     60102(d)(5); and
       ``(III) the procedural manual for operations, maintenance, 
     and emergencies under section 60102(d)(4).

       ``(ii) Updates.--Each operator of a distribution system 
     shall make available to the Secretary or make available for 
     inspection to the relevant State authority described in 
     clause (i), if applicable, an updated plan or manual 
     described in that clause by not later than 60 days after the 
     date of a significant update, as determined by the Secretary.
       ``(iii) Applicability of foia.--Nothing in this subsection 
     shall be construed to authorize the disclosure of any 
     information that is exempt from disclosure under section 
     552(b) of title 5.
       ``(D) Review of plans and documents.--
       ``(i) Timing.--

       ``(I) In general.--Not later than 2 years after the date of 
     promulgation of the regulations under subparagraph (A), and 
     not less frequently than once every 5 years thereafter, the 
     Secretary or relevant State authority with a certification in 
     effect under section 60105 shall review the distribution 
     integrity management plan, the emergency response plan, and 
     the procedural manual for operations, maintenance, and 
     emergencies of each operator of a distribution system and 
     record the results of that review for use in the next review 
     of the program of that operator.
       ``(II) Grace period.--For the third, fourth, and fifth 
     years after the date of promulgation of the regulations under 
     subparagraph (A), the Secretary--

       ``(aa) shall not use subclause (I) as justification to 
     reduce funding, decertify, or penalize in any way under 
     section 60105, 60106, or 60107 a State authority that has in 
     effect a certification under section 60105 or an agreement 
     under section 60106; and
       ``(bb) shall--
       ``(AA) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committees on 
     Transportation and Infrastructure and Energy and Commerce of 
     the House of Representatives a list of States found to be 
     noncompliant with subclause (I) during the annual program 
     evaluation; and
       ``(BB) provide a written notice to each State authority 
     described in item (aa) that is not in compliance with the 
     requirements of subclause (I).
       ``(ii) Review.--Each plan or procedural manual made 
     available under subparagraph (C)(i) shall be reexamined--

       ``(I) on significant change to the plans or procedural 
     manual, as applicable;
       ``(II) on significant change to the gas distribution system 
     of the operator, as applicable; and
       ``(III) not less frequently than once every 5 years.

       ``(iii) Context of review.--The Secretary may conduct a 
     review under clause (i) or (ii) as an element of the 
     inspection of the operator carried out by the Secretary.
       ``(iv) Inadequate programs.--If the Secretary determines 
     that the documents reviewed under clause (i) or (ii) do not 
     comply with the requirements of this chapter (including 
     regulations to implement this chapter), have not been 
     adequately implemented, or are inadequate for the safe 
     operation of a pipeline facility, the Secretary may conduct 
     proceedings under this chapter.''.
       (b) Contents of State Pipeline Safety Program 
     Certifications.--
       (1) In general.--Section 60105(b) of title 49, United 
     States Code, is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(8) has the capability to sufficiently review and 
     evaluate the adequacy of the plans and manuals described in 
     section 60109(e)(7)(C)(i); and
       ``(9) has a sufficient number of employees described in 
     paragraph (3) to ensure safe operations of pipeline 
     facilities, updating the State Inspection Calculation Tool to 
     take into account factors including--
       ``(A) the number of miles of natural gas and hazardous 
     liquid pipelines in the State, including the number of miles 
     of cast iron and bare steel pipelines;
       ``(B) the number of services in the State;
       ``(C) the age of the gas distribution system in the State; 
     and
       ``(D) environmental factors that could impact the integrity 
     of the pipeline, including relevant geological issues.''.
       (2) Rulemaking.--The Secretary shall promulgate regulations 
     to require that a State authority with a certification in 
     effect under section 60105 of title 49, United States Code, 
     has a sufficient number of qualified inspectors to ensure 
     safe operations, as determined by the State Inspection 
     Calculation Tool and other factors determined to be 
     appropriate by the Secretary.
       (3) Deadline.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall promulgate 
     regulations to implement the amendments made by this 
     subsection.

     SEC. 203. EMERGENCY RESPONSE PLANS.

       Section 60102 of title 49, United States Code (as amended 
     by section 113), is amended by adding at the end the 
     following:
       ``(r) Emergency Response Plans.--Not later than 2 years 
     after the date of enactment of this subsection, the Secretary 
     shall update regulations to ensure that each emergency 
     response plan developed by an operator of a distribution 
     system under subsection (d)(5), includes written procedures 
     for--
       ``(1) establishing communication with first responders and 
     other relevant public officials, as soon as practicable, 
     beginning from the time of confirmed discovery, as determined 
     by the Secretary, by the operator of a gas pipeline emergency 
     involving a release of gas from a distribution system of that 
     operator that results in--
       ``(A) a fire related to an unintended release of gas;
       ``(B) an explosion;

[[Page H7603]]

       ``(C) 1 or more fatalities; or
       ``(D) the unscheduled release of gas and shutdown of gas 
     service to a significant number of customers, as determined 
     by the Secretary;
       ``(2) establishing general public communication through an 
     appropriate channel--
       ``(A) as soon as practicable, as determined by the 
     Secretary, after a gas pipeline emergency described in 
     paragraph (1); and
       ``(B) that provides information regarding--
       ``(i) the emergency described in subparagraph (A); and
       ``(ii) the status of public safety; and
       ``(3) the development and implementation of a voluntary, 
     opt-in system that would allow operators of distribution 
     systems to rapidly communicate with customers in the event of 
     an emergency.''.

     SEC. 204. OPERATIONS AND MAINTENANCE MANUALS.

       Section 60102 of title 49, United States Code (as amended 
     by section 203), is amended by adding at the end the 
     following:
       ``(s) Operations and Maintenance Manuals.--Not later than 2 
     years after the date of enactment of this subsection, the 
     Secretary shall update regulations to ensure that each 
     procedural manual for operations, maintenance, and 
     emergencies developed by an operator of a distribution 
     pipeline under subsection (d)(4), includes written procedures 
     for--
       ``(1) responding to overpressurization indications, 
     including specific actions and an order of operations for 
     immediately reducing pressure in or shutting down portions of 
     the gas distribution system, if necessary; and
       ``(2) a detailed procedure for the management of the change 
     process, which shall--
       ``(A) be applied to significant technology, equipment, 
     procedural, and organizational changes to the distribution 
     system; and
       ``(B) ensure that relevant qualified personnel, such as an 
     engineer with a professional engineer licensure, subject 
     matter expert, or other employee who possesses the necessary 
     knowledge, experience, and skills regarding natural gas 
     distribution systems, review and certify construction plans 
     for accuracy, completeness, and correctness.''.

     SEC. 205. PIPELINE SAFETY MANAGEMENT SYSTEMS.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committees on Transportation and 
     Infrastructure and Energy and Commerce of the House of 
     Representatives a report describing--
       (1) the number of operators of natural gas distribution 
     systems who have implemented a pipeline safety management 
     system in accordance with the standard established by the 
     American Petroleum Institute entitled ``Pipeline Safety 
     Management System Requirements'' and numbered American 
     Petroleum Institute Recommended Practice 1173;
       (2) the progress made by operators of natural gas 
     distribution systems who have implemented, or are in the 
     process of implementing, a pipeline safety management system 
     described in paragraph (1); and
       (3) the feasibility of an operator of a natural gas 
     distribution system implementing a pipeline safety management 
     system described in paragraph (1) based on the size of the 
     operator as measured by--
       (A) the number of customers the operator has; and
       (B) the amount of natural gas the operator transports.
       (b) Requirements.--As part of the report required under 
     subsection (a), the Secretary shall provide guidance or 
     recommendations that would further the adoption of safety 
     management systems in accordance with the standard 
     established by the American Petroleum Institute entitled 
     ``Pipeline Safety Management System Requirements'' and 
     numbered American Petroleum Institute Recommended Practice 
     1173.
       (c) Evaluation and Promotion of Safety Management 
     Systems.--The Secretary and the relevant State authority with 
     a certification in effect under section 60105 of title 49, 
     United States Code, as applicable, shall--
       (1) promote and assess pipeline safety management systems 
     frameworks developed by operators of natural gas distribution 
     systems and described in the report under subsection (a), 
     including--
       (A) if necessary, using independent third-party evaluators; 
     and
       (B) through a system that promotes self-disclosure of--
       (i) errors; and
       (ii) deviations from regulatory standards; and
       (2) if a deviation from a regulatory standard is identified 
     during the development and application of a pipeline safety 
     management system, certify that--
       (A) due consideration will be given to factors such as 
     flawed procedures, honest mistakes, or lack of understanding; 
     and
       (B) the operators and regulators use the most appropriate 
     tools to fix the deviation, return to compliance, and prevent 
     the recurrence of the deviation, including--
       (i) root cause analysis; and
       (ii) training, education, or other appropriate improvements 
     to procedures or training programs.

     SEC. 206. PIPELINE SAFETY PRACTICES.

       Section 60102 of title 49, United States Code (as amended 
     by section 204), is amended by adding at the end the 
     following:
       ``(t) Other Pipeline Safety Practices.--
       ``(1) Records.--Not later than 2 years after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     regulations to require an operator of a distribution system--
       ``(A) to identify and manage traceable, reliable, and 
     complete records, including maps and other drawings, critical 
     to ensuring proper pressure controls for a gas distribution 
     system, and updating these records as needed, while 
     collecting and identifying other records necessary for risk 
     analysis on an opportunistic basis; and
       ``(B) to ensure that the records required under 
     subparagraph (A) are--
       ``(i) accessible to all personnel responsible for 
     performing or overseeing relevant construction or engineering 
     work; and
       ``(ii) submitted to, or made available for inspection by, 
     the Secretary or the relevant State authority with a 
     certification in effect under section 60105.
       ``(2) Presence of qualified employees.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall 
     promulgate regulations to require that not less than 1 agent 
     of an operator of a distribution system who is qualified to 
     perform relevant covered tasks, as determined by the 
     Secretary, shall monitor gas pressure at the district 
     regulator station or at an alternative site with equipment 
     capable of ensuring proper pressure controls and have the 
     capability to promptly shut down the flow of gas or control 
     over pressurization at a district regulator station during 
     any construction project that has the potential to cause a 
     hazardous overpressurization at that station, including tie-
     ins and abandonment of distribution lines and mains, based on 
     an evaluation, conducted by the operator, of threats that 
     could result in unsafe operation.
       ``(B) Exclusion.--In promulgating regulations under 
     subparagraph (A), the Secretary shall ensure that those 
     regulations do not apply to a district regulating station 
     that has a monitoring system and the capability for remote or 
     automatic shutoff.
       ``(3) District regulator stations.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall promulgate 
     regulations to require that each operator of a distribution 
     system assesses and upgrades, as appropriate, each district 
     regulator station of the operator to ensure that--
       ``(i) the risk of the gas pressure in the distribution 
     system exceeding, by a common mode of failure, the maximum 
     allowable operating pressure (as described in section 192.623 
     of title 49, Code of Federal Regulations (or a successor 
     regulation)) allowed under Federal law (including 
     regulations) is minimized;
       ``(ii) the gas pressure of a low-pressure distribution 
     system is monitored, particularly at or near the location of 
     critical pressure-control equipment;
       ``(iii) the regulator station has secondary or backup 
     pressure-relieving or overpressure-protection safety 
     technology, such as a relief valve or automatic shutoff 
     valve, or other pressure-limiting devices appropriate for the 
     configuration and siting of the station and, in the case of a 
     regulator station that employs the primary and monitor 
     regulator design, the operator shall eliminate the common 
     mode of failure or provide backup protection capable of 
     either shutting the flow of gas, relieving gas to the 
     atmosphere to fully protect the distribution system from 
     overpressurization events, or there must be technology in 
     place to eliminate a common mode of failure; and
       ``(iv) if the Secretary determines that it is not 
     operationally possible for an operator to implement the 
     requirements under clause (iii), the Secretary shall require 
     such operator to identify actions in their plan that minimize 
     the risk of an overpressurization event.''.

               DIVISION S--INNOVATION FOR THE ENVIRONMENT

     SEC. 101. REAUTHORIZATION OF DIESEL EMISSIONS REDUCTION 
                   PROGRAM.

       Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16137(a)) is amended by striking ``2016'' and inserting 
     ``2024''.

     SEC. 102. ENCOURAGING PROJECTS TO REDUCE EMISSIONS.

       (a) Short Title.--This section may be cited as the 
     ``Utilizing Significant Emissions with Innovative 
     Technologies Act'' or the ``USE IT Act''.
       (b) Research, Investigation, Training, and Other 
     Activities.--Section 103 of the Clean Air Act (42 U.S.C. 
     7403) is amended--
       (1) in subsection (c)(3), in the first sentence of the 
     matter preceding subparagraph (A), by striking ``percursors'' 
     and inserting ``precursors''; and
       (2) in subsection (g)--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     appropriately;
       (B) in the undesignated matter following subparagraph (D) 
     (as so redesignated)--
       (i) in the second sentence, by striking ``The 
     Administrator'' and inserting the following:
       ``(5) Coordination and avoidance of duplication.--The 
     Administrator''; and
       (ii) in the first sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(4) Effect of subsection.--Nothing'';
       (C) in the matter preceding subparagraph (A) (as so 
     redesignated)--
       (i) in the third sentence, by striking ``Such program'' and 
     inserting the following:
       ``(3) Program inclusions.--The program under this 
     subsection'';
       (ii) in the second sentence--

       (I) by inserting ``States, institutions of higher 
     education,'' after ``scientists,''; and
       (II) by striking ``Such strategies and technologies shall 
     be developed'' and inserting the following:

       ``(2) Participation requirement.--Such strategies and 
     technologies described in paragraph (1) shall be developed''; 
     and
       (iii) in the first sentence, by striking ``In carrying 
     out'' and inserting the following:

[[Page H7604]]

       ``(1) In general.--In carrying out''; and
       (D) by adding at the end the following:
       ``(6) Certain carbon dioxide activities.--
       ``(A) In general.--In carrying out paragraph (3)(A) with 
     respect to carbon dioxide, the Administrator--
       ``(i) is authorized to carry out the activities described 
     in subparagraph (B); and
       ``(ii) shall carry out the activities described in 
     subparagraph (C).
       ``(B) Direct air capture research.--
       ``(i) Definitions.--In this subparagraph:

       ``(I) Board.--The term `Board' means the Direct Air Capture 
     Technology Advisory Board established by clause (iii)(I).
       ``(II) Dilute.--The term `dilute' means a concentration of 
     less than 1 percent by volume.
       ``(III) Direct air capture.--

       ``(aa) In general.--The term `direct air capture', with 
     respect to a facility, technology, or system, means that the 
     facility, technology, or system uses carbon capture equipment 
     to capture carbon dioxide directly from the air.
       ``(bb) Exclusion.--The term `direct air capture' does not 
     include any facility, technology, or system that captures 
     carbon dioxide--
       ``(AA) that is deliberately released from a naturally 
     occurring subsurface spring; or
       ``(BB) using natural photosynthesis.

       ``(IV) Intellectual property.--The term `intellectual 
     property' means--

       ``(aa) an invention that is patentable under title 35, 
     United States Code; and
       ``(bb) any patent on an invention described in item (aa).
       ``(ii) Technology prizes.--

       ``(I) In general.--Not later than 1 year after the date of 
     enactment of the Utilizing Significant Emissions with 
     Innovative Technologies Act, the Administrator, in 
     consultation with the Secretary of Energy, is authorized to 
     establish a program to provide financial awards on a 
     competitive basis for direct air capture from media in which 
     the concentration of carbon dioxide is dilute.
       ``(II) Duties.--In carrying out this clause, the 
     Administrator shall--

       ``(aa) subject to subclause (III), develop specific 
     requirements for--
       ``(AA) the competition process; and
       ``(BB) the demonstration of performance of approved 
     projects;
       ``(bb) offer financial awards for a project designed--
       ``(AA) to the maximum extent practicable, to capture more 
     than 10,000 tons of carbon dioxide per year;
       ``(BB) to operate in a manner that would be commercially 
     viable in the foreseeable future (as determined by the 
     Board); and
       ``(CC) to improve the technologies or information systems 
     that enable monitoring and verification methods for direct 
     air capture projects; and
       ``(cc) to the maximum extent practicable, make financial 
     awards to geographically diverse projects, including at 
     least--
       ``(AA) 1 project in a coastal State; and
       ``(BB) 1 project in a rural State.

       ``(III) Public participation.--In carrying out subclause 
     (II)(aa), the Administrator shall--

       ``(aa) provide notice of and, for a period of not less than 
     60 days, an opportunity for public comment on, any draft or 
     proposed version of the requirements described in subclause 
     (II)(aa); and
       ``(bb) take into account public comments received in 
     developing the final version of those requirements.
       ``(iii) Direct air capture technology advisory board.--

       ``(I) Establishment.--The Administrator may establish an 
     advisory board to be known as the `Direct Air Capture 
     Technology Advisory Board'.
       ``(II) Composition.--The Board, on the establishment of the 
     Board, shall be composed of 9 members appointed by the 
     Administrator, who shall provide expertise in--

       ``(aa) climate science;
       ``(bb) physics;
       ``(cc) chemistry;
       ``(dd) biology;
       ``(ee) engineering;
       ``(ff) economics;
       ``(gg) business management; and
       ``(hh) such other disciplines as the Administrator 
     determines to be necessary to achieve the purposes of this 
     subparagraph.

       ``(III) Term; vacancies.--

       ``(aa) Term.--A member of the Board shall serve for a term 
     of 6 years.
       ``(bb) Vacancies.--A vacancy on the Board--
       ``(AA) shall not affect the powers of the Board; and
       ``(BB) shall be filled in the same manner as the original 
     appointment was made.

       ``(IV) Initial meeting.--Not later than 30 days after the 
     date on which all members of the Board have been appointed, 
     the Board shall hold the initial meeting of the Board.
       ``(V) Meetings.--The Board shall meet at the call of the 
     Chairperson or on the request of the Administrator.
       ``(VI) Quorum.--A majority of the members of the Board 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       ``(VII) Chairperson and vice chairperson.--The Board shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Board.
       ``(VIII) Compensation.--Each member of the Board may be 
     compensated at not to exceed the daily equivalent of the 
     annual rate of basic pay in effect for a position at level V 
     of the Executive Schedule under section 5316 of title 5, 
     United States Code, for each day during which the member is 
     engaged in the actual performance of the duties of the Board.
       ``(IX) Duties.--The Board shall--

       ``(aa) advise the Administrator on carrying out the duties 
     of the Administrator under this subparagraph; and
       ``(bb) provide other assistance and advice as requested by 
     the Administrator.
       ``(iv) Intellectual property.--

       ``(I) In general.--As a condition of receiving a financial 
     award under this subparagraph, an applicant shall agree to 
     vest the intellectual property of the applicant derived from 
     the technology in 1 or more entities that are incorporated in 
     the United States.
       ``(II) Reservation of license.--The United States--

       ``(aa) may reserve a nonexclusive, nontransferable, 
     irrevocable, paid-up license, to have practiced for or on 
     behalf of the United States, in connection with any 
     intellectual property described in subclause (I); but
       ``(bb) shall not, in the exercise of a license reserved 
     under item (aa), publicly disclose proprietary information 
     relating to the license.

       ``(III) Transfer of title.--Title to any intellectual 
     property described in subclause (I) shall not be transferred 
     or passed, except to an entity that is incorporated in the 
     United States, until the expiration of the first patent 
     obtained in connection with the intellectual property.

       ``(v) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subparagraph 
     $35,000,000, to remain available until expended.
       ``(vi) Termination of authority.--Notwithstanding section 
     14 of the Federal Advisory Committee Act (5 U.S.C. App.), the 
     Board and all authority provided under this subparagraph 
     shall terminate not later than 12 years after the date of 
     enactment of the Utilizing Significant Emissions with 
     Innovative Technologies Act.
       ``(C) Deep saline formation report.--
       ``(i) Definition of deep saline formation.--

       ``(I) In general.--In this subparagraph, the term `deep 
     saline formation' means a formation of subsurface 
     geographically extensive sedimentary rock layers saturated 
     with waters or brines that have a high total dissolved solids 
     content and that are below the depth where carbon dioxide can 
     exist in the formation as a supercritical fluid.
       ``(II) Clarification.--In this subparagraph, the term `deep 
     saline formation' does not include oil and gas reservoirs.

       ``(ii) Report.--In consultation with the Secretary of 
     Energy, and, as appropriate, with the head of any other 
     relevant Federal agency and relevant stakeholders, not later 
     than 1 year after the date of enactment of the Utilizing 
     Significant Emissions with Innovative Technologies Act, the 
     Administrator shall prepare, submit to Congress, and make 
     publicly available a report that includes--

       ``(I) a comprehensive identification of potential risks and 
     benefits to project developers associated with increased 
     storage of carbon dioxide captured from stationary sources in 
     deep saline formations, using existing research;
       ``(II) recommendations for managing the potential risks 
     identified under subclause (I), including potential risks 
     unique to public land; and
       ``(III) recommendations for Federal legislation or other 
     policy changes to mitigate any potential risks identified 
     under subclause (I).

       ``(D) GAO report.--Not later than 5 years after the date of 
     enactment of the Utilizing Significant Emissions with 
     Innovative Technologies Act, the Comptroller General of the 
     United States shall submit to Congress a report that--
       ``(i) identifies all Federal grant programs in which a 
     purpose of a grant under the program is to perform research 
     on carbon capture and utilization technologies, including 
     direct air capture technologies; and
       ``(ii) examines the extent to which the Federal grant 
     programs identified pursuant to clause (i) overlap or are 
     duplicative.''.
       (c) Carbon Utilization Program.--
       (1) In general.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by 
     inserting after section 968 the following:

     ``SEC. 969. CARBON UTILIZATION PROGRAM.

       ``(a) In General.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, shall 
     carry out a program of research, development, demonstration, 
     and commercialization relating to carbon utilization.
       ``(b) Activities.--Under the program described in 
     subsection (a), the Secretary shall--
       ``(1) assess and monitor--
       ``(A) potential changes in lifecycle carbon dioxide and 
     other greenhouse gas emissions; and
       ``(B) other environmental safety indicators of new 
     technologies, practices, processes, or methods used in 
     enhanced hydrocarbon recovery as part of the activities 
     authorized under section 963;
       ``(2) identify and evaluate novel uses for carbon 
     (including conversion of carbon oxides) that, on a full 
     lifecycle basis, achieve a permanent reduction, or avoidance 
     of a net increase, in carbon dioxide in the atmosphere, for 
     use in commercial and industrial products such as--
       ``(A) chemicals;
       ``(B) plastics;
       ``(C) building materials;
       ``(D) fuels;
       ``(E) cement;
       ``(F) products of coal utilization in power systems or in 
     other applications; and
       ``(G) other products with demonstrated market value;
       ``(3) identify and assess carbon capture technologies for 
     industrial systems; and
       ``(4) identify and assess alternative uses for coal that 
     result in zero net emissions of carbon dioxide or other 
     pollutants, including products derived from carbon 
     engineering, carbon fiber, and coal conversion methods.
       ``(c) Prioritization.--In supporting demonstration and 
     commercialization research under the program described in 
     subsection (a), the Secretary shall prioritize consideration 
     of projects that--

[[Page H7605]]

       ``(1) have access to a carbon dioxide emissions stream 
     generated by a stationary source in the United States that is 
     capable of supplying not less than 250 metric tons per day of 
     carbon dioxide for research;
       ``(2) have access to equipment for testing small-scale 
     carbon dioxide utilization technologies, with onsite access 
     to larger test bays for scale-up; and
       ``(3) have 1 or more existing partnerships with a National 
     Laboratory, an institution of higher education, a private 
     company, or a State or other government entity.
       ``(d) Coordination.--The Secretary shall coordinate the 
     activities authorized under this section with the activities 
     authorized in section 969A as part of a single consolidated 
     program of the Department.
       ``(e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $50,000,000, to remain available until expended.''.
       (2) Study.--
       (A) In general.--The Secretary of Energy, in consultation 
     with the Administrator of the Environmental Protection 
     Agency, shall seek to enter into an agreement with the 
     National Academies of Sciences, Engineering, and Medicine to 
     conduct a study that assesses the barriers and opportunities 
     relating to the commercial application of carbon dioxide in 
     the United States.
       (B) Contents.--The study under subparagraph (A) shall--
       (i) analyze the technical feasibility, related challenges, 
     and impacts of--

       (I) commercializing carbon dioxide; and
       (II) as part of that commercialization--

       (aa) creating a national system of carbon dioxide pipelines 
     and geologic sequestration sites;
       (bb) mitigating environmental and landowner impacts; and
       (cc) regional economic challenges and regional economic 
     opportunities;
       (ii) identify potential markets, industries, or sectors 
     that may benefit from greater access to commercial carbon 
     dioxide;
       (iii) assess the current state of infrastructure and any 
     necessary updates to that infrastructure to allow for the 
     integration of safe and reliable carbon dioxide 
     transportation, utilization, and storage;
       (iv)(I) estimate the economic, climate, and environmental 
     impacts of any well-integrated national carbon dioxide 
     pipeline system; and
       (II) suggest policies that could improve the economic 
     impact of that system;
       (v) assess the global status and progress of existing 
     chemical and biological carbon utilization technologies that 
     utilize waste carbon (including carbon dioxide, carbon 
     monoxide, methane, and biogas) from power generation, 
     biofuels production, and other industrial processes relevant 
     to minimizing net greenhouse gas emissions;
       (vi) identify emerging technologies for and approaches to 
     carbon utilization that show promise for scale-up, 
     demonstration, deployment, and commercialization relevant to 
     minimizing net greenhouse gas emissions;
       (vii) analyze the factors associated with making carbon 
     utilization technologies relevant to minimizing net 
     greenhouse gas emissions viable at a commercial scale, 
     including carbon waste stream availability, economics, market 
     capacity, and energy and lifecycle requirements;
       (viii)(I) assess the major technical challenges associated 
     with increasing the commercial viability of carbon reuse 
     technologies; and
       (II) identify the research and development questions that 
     will address those challenges;
       (ix)(I) assess current research efforts, including 
     engineering and computational research, that address the 
     challenges described in clause (viii)(I); and
       (II) identify any gaps in the current research portfolio; 
     and
       (x) develop a comprehensive research agenda that addresses 
     both long- and short-term research needs and opportunities 
     for carbon capture utilization and storage technologies 
     relevant to minimizing net greenhouse gas emissions.
       (3) Technical amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) 
     is amended by inserting after the item relating to section 
     968 the following:

``Sec. 969. Carbon utilization program.''.
       (d) Improvement of Permitting Process for Carbon Dioxide 
     Capture and Infrastructure Projects.--
       (1) Inclusion of carbon capture infrastructure projects.--
     Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is 
     amended--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by inserting 
     ``carbon capture,'' after ``manufacturing,'';
       (ii) in clause (i)(III), by striking ``or'' at the end;
       (iii) by redesignating clause (ii) as clause (iii); and
       (iv) by inserting after clause (i) the following:
       ``(ii) is covered by a programmatic plan or environmental 
     review developed for the primary purpose of facilitating 
     development of carbon dioxide pipelines; or''; and
       (B) by adding at the end the following:
       ``(C) Inclusion.--For purposes of subparagraph (A), 
     construction of infrastructure for carbon capture includes 
     construction of--
       ``(i) any facility, technology, or system that captures, 
     utilizes, or sequesters carbon dioxide emissions, including 
     projects for direct air capture (as defined in paragraph 
     (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 
     7403(g)); and
       ``(ii) carbon dioxide pipelines.''.
       (2) Development of carbon capture, utilization, and 
     sequestration report, permitting guidance, and regional 
     permitting task force.--
       (A) Definitions.--In this paragraph:
       (i) Carbon capture, utilization, and sequestration 
     projects.--The term ``carbon capture, utilization, and 
     sequestration projects'' includes projects for direct air 
     capture (as defined in paragraph (6)(B)(i) of section 103(g) 
     of the Clean Air Act (42 U.S.C. 7403(g))).
       (ii) Efficient, orderly, and responsible.--The term 
     ``efficient, orderly, and responsible'' means, with respect 
     to development or the permitting process for carbon capture, 
     utilization, and sequestration projects and carbon dioxide 
     pipelines, a process that promotes environmental, health, and 
     safety protections while maintaining a process that is 
     completed in an expeditious manner.
       (B) Report.--
       (i) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Chair of the Council on 
     Environmental Quality (referred to in this section as the 
     ``Chair''), in consultation with the Administrator of the 
     Environmental Protection Agency, the Secretary of Energy, the 
     Secretary of the Interior, the Secretary of Transportation, 
     the Executive Director of the Federal Permitting Improvement 
     Council, and the head of any other relevant Federal agency 
     (as determined by the President), shall prepare a report 
     that--

       (I) compiles all existing relevant Federal permitting and 
     review information and resources for project applicants, 
     agencies, and other stakeholders interested in the deployment 
     and impact of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines, including--

       (aa) the appropriate points of interaction with Federal 
     agencies;
       (bb) clarification of the permitting responsibilities and 
     authorities among Federal agencies; and
       (cc) best practices and templates for permitting in an 
     efficient, orderly, and responsible manner, including through 
     improved staff capacity and training at Federal permitting 
     agencies;

       (II) inventories current or emerging activities that 
     transform captured carbon dioxide into a product of 
     commercial value, or as an input to products of commercial 
     value;
       (III) inventories existing initiatives and recent 
     publications that analyze or identify priority carbon dioxide 
     pipelines needed to enable efficient, orderly, and 
     responsible development of carbon capture, utilization, and 
     sequestration projects at increased scale;
       (IV) identifies gaps in the current Federal regulatory 
     framework for the deployment of carbon capture, utilization, 
     and sequestration projects and carbon dioxide pipelines;
       (V) identifies Federal financing mechanisms available to 
     project developers; and
       (VI) identifies public engagement opportunities through 
     existing laws, including under the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).

       (ii) Submission; publication.--The Chair shall--

       (I) submit the report under clause (i) to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Energy and Commerce, the Committee on Natural Resources, 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives; and
       (II) as soon as practicable, make the report publicly 
     available.

       (C) Guidance.--
       (i) In general.--After submission of the report under 
     subparagraph (B)(ii), but not later than 1 year after the 
     date of enactment of this Act, the Chair shall submit 
     guidance consistent with that report to all relevant Federal 
     agencies that--

       (I) facilitates reviews associated with the deployment of 
     carbon capture, utilization, and sequestration projects and 
     carbon dioxide pipelines; and
       (II) supports the efficient, orderly, and responsible 
     development of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines.

       (ii) Requirements.--

       (I) In general.--The guidance under clause (i) shall 
     address applicable requirements under--

       (aa) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (bb) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       (cc) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (dd) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (ee) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ff) division A of subtitle III of title 54, United States 
     Code (formerly known as the ``National Historic Preservation 
     Act'');
       (gg) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (hh) the Act of June 8, 1940 (16 U.S.C. 668 et seq.) 
     (commonly known as the ``Bald and Golden Eagle Protection 
     Act'');
       (ii) chapter 601 of title 49, United States Code (including 
     those provisions formerly cited as the Natural Gas Pipeline 
     Safety Act of 1968 (Public Law 90-481; 82 Stat. 720) and the 
     Hazardous Liquid Pipeline Safety Act of 1979 (Public Law 96-
     129; 93 Stat. 1003)); and
       (jj) any other Federal law that the Chair determines to be 
     appropriate.

       (II) Environmental reviews.--The guidance under clause (i) 
     shall include direction to States and other interested 
     parties for the development of programmatic environmental 
     reviews under the National Environmental Policy Act of 1969 
     (42 U.S.C. 4321 et seq.) for carbon capture, utilization, and 
     sequestration projects and carbon dioxide pipelines.
       (III) Public involvement.--The guidance under clause (i) 
     shall be subject to the public notice, comment, and 
     solicitation of information

[[Page H7606]]

     procedures under section 1506.6 of title 40, Code of Federal 
     Regulations (or a successor regulation).

       (iii) Submission; publication.--The Chair shall--

       (I) submit the guidance under clause (i) to the Committee 
     on Environment and Public Works of the Senate and the 
     Committee on Energy and Commerce, the Committee on Natural 
     Resources, and the Committee on Transportation and 
     Infrastructure of the House of Representatives; and
       (II) as soon as practicable, make the guidance publicly 
     available.

       (iv) Evaluation.--The Chair shall--

       (I) periodically evaluate the reports of the task forces 
     under subparagraph (D)(v) and, as necessary, revise the 
     guidance under clause (i); and
       (II) each year, submit to the Committee on Environment and 
     Public Works of the Senate, the Committee on Energy and 
     Commerce, the Committee on Natural Resources, and the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives, and relevant Federal agencies a report 
     that describes any recommendations for rules, revisions to 
     rules, or other policies that would address the issues 
     identified by the task forces under subparagraph (D)(v).

       (D) Task forces.--
       (i) Establishment.--Not later than 18 months after the date 
     of enactment of this Act, the Chair shall establish not less 
     than 2 task forces, which shall each cover a different 
     geographical area with differing demographic, land use, or 
     geological issues--

       (I) to identify permitting and other challenges and 
     successes that permitting authorities and project developers 
     and operators face in permitting projects in an efficient, 
     orderly, and responsible manner; and
       (II) to improve the performance of the permitting process 
     and regional coordination for the purpose of promoting the 
     efficient, orderly, and responsible development of carbon 
     capture, utilization, and sequestration projects and carbon 
     dioxide pipelines.

       (ii) Members and selection.--

       (I) In general.--The Chair shall--

       (aa) develop criteria for the selection of members to each 
     task force; and
       (bb) select members for each task force in accordance with 
     item (aa) and subclause (II).

       (II) Members.--Each task force--

       (aa) shall include not less than 1 representative of each 
     of--
       (AA) the Environmental Protection Agency;
       (BB) the Department of Energy;
       (CC) the Department of the Interior;
       (DD) the Pipeline and Hazardous Materials Safety 
     Administration;
       (EE) any other Federal agency the Chair determines to be 
     appropriate;
       (FF) any State that requests participation in the 
     geographical area covered by the task force;
       (GG) developers or operators of carbon capture, 
     utilization, and sequestration projects or carbon dioxide 
     pipelines; and
       (HH) nongovernmental membership organizations, the primary 
     mission of which concerns protection of the environment;
       (bb) at the request of a Tribal or local government, may 
     include a representative of--
       (AA) not less than 1 local government in the geographical 
     area covered by the task force; and
       (BB) not less than 1 Tribal government in the geographical 
     area covered by the task force; and
       (cc) shall include 1 expert in each of the following 
     fields--
       (AA) health and environmental effects, including exposure 
     evaluation; and
       (BB) pipeline safety.
       (iii) Meetings.--

       (I) In general.--Each task force shall meet not less than 
     twice each year.
       (II) Joint meeting.--To the maximum extent practicable, the 
     task forces shall meet collectively not less than once each 
     year.

       (iv) Duties.--Each task force shall--

       (I) inventory existing or potential Federal and State 
     approaches to facilitate reviews associated with the 
     deployment of carbon capture, utilization, and sequestration 
     projects and carbon dioxide pipelines, including best 
     practices that--

       (aa) avoid duplicative reviews to the extent permitted by 
     law;
       (bb) engage stakeholders early in the permitting process; 
     and
       (cc) make the permitting process efficient, orderly, and 
     responsible;

       (II) develop common models for State-level carbon dioxide 
     pipeline regulation and oversight guidelines that can be 
     shared with States in the geographical area covered by the 
     task force;
       (III) provide technical assistance to States in the 
     geographical area covered by the task force in implementing 
     regulatory requirements and any models developed under 
     subclause (II);
       (IV) inventory current or emerging activities that 
     transform captured carbon dioxide into a product of 
     commercial value, or as an input to products of commercial 
     value;
       (V) identify any priority carbon dioxide pipelines needed 
     to enable efficient, orderly, and responsible development of 
     carbon capture, utilization, and sequestration projects at 
     increased scale;
       (VI) identify gaps in the current Federal and State 
     regulatory framework and in existing data for the deployment 
     of carbon capture, utilization, and sequestration projects 
     and carbon dioxide pipelines;
       (VII) identify Federal and State financing mechanisms 
     available to project developers; and
       (VIII) develop recommendations for relevant Federal 
     agencies on how to develop and research technologies that--

       (aa) can capture carbon dioxide; and
       (bb) would be able to be deployed within the region covered 
     by the task force, including any projects that have received 
     technical or financial assistance for research under 
     paragraph (6) of section 103(g) of the Clean Air Act (42 
     U.S.C. 7403(g)).
       (v) Report.--Each year, each task force shall prepare and 
     submit to the Chair and to the other task forces a report 
     that includes--

       (I) any recommendations for improvements in efficient, 
     orderly, and responsible issuance or administration of 
     Federal permits and other Federal authorizations required 
     under a law described in subparagraph (C)(ii)(I); and
       (II) any other nationally relevant information that the 
     task force has collected in carrying out the duties under 
     clause (iv).

       (vi) Evaluation.--Not later than 5 years after the date of 
     enactment of this Act, the Chair shall--

       (I) reevaluate the need for the task forces; and
       (II) submit to Congress a recommendation as to whether the 
     task forces should continue.

     SEC. 103. AMERICAN INNOVATION AND MANUFACTURING.

       (a) Short Title.--This section may be cited as the 
     ``American Innovation and Manufacturing Act of 2020''.
       (b) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Allowance.--The term ``allowance'' means a limited 
     authorization for the production or consumption of a 
     regulated substance established under subsection (e).
       (3) Consumption.--The term ``consumption'', with respect to 
     a regulated substance, means a quantity equal to the 
     difference between--
       (A) a quantity equal to the sum of--
       (i) the quantity of that regulated substance produced in 
     the United States; and
       (ii) the quantity of the regulated substance imported into 
     the United States; and
       (B) the quantity of the regulated substance exported from 
     the United States.
       (4) Consumption baseline.--The term ``consumption 
     baseline'' means the baseline established for the consumption 
     of regulated substances under subsection (e)(1)(C).
       (5) Exchange value.--The term ``exchange value'' means the 
     value assigned to a regulated substance in accordance with 
     subsections (c) and (e), as applicable.
       (6) Import.--The term ``import'' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, regardless of whether that landing, 
     bringing, or introduction constitutes an importation within 
     the meaning of the customs laws of the United States.
       (7) Produce.--
       (A) In general.--The term ``produce'' means the manufacture 
     of a regulated substance from a raw material or feedstock 
     chemical (but not including the destruction of a regulated 
     substance by a technology approved by the Administrator).
       (B) Exclusions.--The term ``produce'' does not include--
       (i) the manufacture of a regulated substance that is used 
     and entirely consumed (except for trace quantities) in the 
     manufacture of another chemical; or
       (ii) the reclamation, reuse, or recycling of a regulated 
     substance.
       (8) Production baseline.--The term ``production baseline'' 
     means the baseline established for the production of 
     regulated substances under subsection (e)(1)(B).
       (9) Reclaim; reclamation.--The terms ``reclaim'' and 
     ``reclamation'' mean--
       (A) the reprocessing of a recovered regulated substance to 
     at least the purity described in standard 700-2016 of the 
     Air-Conditioning, Heating, and Refrigeration Institute (or an 
     appropriate successor standard adopted by the Administrator); 
     and
       (B) the verification of the purity of that regulated 
     substance using, at a minimum, the analytical methodology 
     described in the standard referred to in subparagraph (A).
       (10) Recover.--The term ``recover'' means the process by 
     which a regulated substance is--
       (A) removed, in any condition, from equipment; and
       (B) stored in an external container, with or without 
     testing or processing the regulated substance.
       (11) Regulated substance.--The term ``regulated substance'' 
     means--
       (A) a substance listed in the table contained in subsection 
     (c)(1); and
       (B) a substance included as a regulated substance by the 
     Administrator under subsection (c)(3).
       (c) Listing of Regulated Substances.--
       (1) List of regulated substances.--Each of the following 
     substances, and any isomers of such a substance, shall be a 
     regulated substance:


----------------------------------------------------------------------------------------------------------------
                                                                                                       Exchange
                      Chemical Name                                       Common Name                   Value
----------------------------------------------------------------------------------------------------------------
CHF2CHF2                                                   HFC-134                                          1100
----------------------------------------------------------------------------------------------------------------

[[Page H7607]]

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

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

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

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

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

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

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

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

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

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

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

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

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

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


[[Page H7608]]



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



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

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

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

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


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

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

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

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

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

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

[[Page H7609]]

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

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

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

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

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

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

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

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

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

       (v) Review.--

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

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

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

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

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

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

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

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

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

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

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

       (D) Publication.--When the Administrator makes a final 
     determination to grant or deny a petition under subparagraph 
     (A), the Administrator shall publish a description of the 
     reasons for that grant or denial, including a description of 
     the information considered under subclauses (I) through (IV) 
     of subparagraph (C)(ii).
       (E) Insufficient information.--If the Administrator 
     determines that the data included under subparagraph (B)(ii) 
     in a petition are not sufficient to make a determination 
     under this paragraph, the Administrator shall use any 
     authority available to the Administrator to acquire the 
     necessary data.
       (4) Date of effectiveness.--The Administrator may not 
     promulgate under paragraph (1) a regulation for the 
     production or consumption of regulated substances that is 
     more stringent than the production or consumption levels 
     required under subsection (e)(2)(C) that takes effect before 
     January 1, 2025.
       (5) Review.--
       (A) In general.--The Administrator shall review the 
     availability of substitutes for regulated substances subject 
     to an accelerated schedule established under paragraph (1) in 
     each sector and subsector in which the regulated substance is 
     used, taking into account technological achievability, 
     commercial demands, safety, and other relevant factors, 
     including the quantities of regulated substances available 
     from reclaiming, prior production, or prior import, by 
     January 1, 2026 (for the first review), by January 1, 2031 
     (for the second review), and at least once every 5 years 
     thereafter.
       (B) Public availability.--The Administrator shall make the 
     results of a review conducted under subparagraph (A) publicly 
     available.
       (6) Savings provision.--Nothing in this subsection 
     authorizes the Administrator to promulgate regulations 
     pursuant to this subsection that establish a schedule for 
     phasing down the production or consumption of regulated 
     substances that is less stringent than the production and 
     consumption levels of regulated substances required under 
     subsection (e)(2)(C).
       (g) Exchange Authority.--
       (1) Transfers.--Not later than 270 days after the date of 
     enactment of this Act, which shall include a period of notice 
     and opportunity for public comment, the Administrator shall 
     promulgate a final regulation that governs the transfer of 
     allowances for the production of regulated substances under 
     subsection (e)(3)(A) that uses--
       (A) the applicable exchange values described in the table 
     contained in subsection (c)(1); or
       (B) the exchange value described in the rule designating 
     the substance as a regulated substance under subsection 
     (c)(3).
       (2) Requirements.--The final rule promulgated pursuant to 
     paragraph (1) shall--
       (A) ensure that the transfers under this subsection will 
     result in greater total reductions in the production of 
     regulated substances in each

[[Page H7610]]

     year than would occur during the year in the absence of the 
     transfers;
       (B) permit 2 or more persons to transfer production 
     allowances if the transferor of the allowances will be 
     subject, under the final rule, to an enforceable and 
     quantifiable reduction in annual production that--
       (i) exceeds the reduction otherwise applicable to the 
     transferor under this section;
       (ii) exceeds the quantity of production represented by the 
     production allowances transferred to the transferee; and
       (iii) would not have occurred in the absence of the 
     transaction; and
       (C) provide for the trading of consumption allowances in 
     the same manner as is applicable under this subsection to the 
     trading of production allowances.
       (h) Management of Regulated Substances.--
       (1) In general.--For purposes of maximizing reclaiming and 
     minimizing the release of a regulated substance from 
     equipment and ensuring the safety of technicians and 
     consumers, the Administrator shall promulgate regulations to 
     control, where appropriate, any practice, process, or 
     activity regarding the servicing, repair, disposal, or 
     installation of equipment (including requiring, where 
     appropriate, that any such servicing, repair, disposal, or 
     installation be performed by a trained technician meeting 
     minimum standards, as determined by the Administrator) that 
     involves--
       (A) a regulated substance;
       (B) a substitute for a regulated substance;
       (C) the reclaiming of a regulated substance used as a 
     refrigerant; or
       (D) the reclaiming of a substitute for a regulated 
     substance used as a refrigerant.
       (2) Reclaiming.--
       (A) In general.--In carrying out this section, the 
     Administrator shall consider the use of authority available 
     to the Administrator under this section to increase 
     opportunities for the reclaiming of regulated substances used 
     as refrigerants.
       (B) Recovery.--A regulated substance used as a refrigerant 
     that is recovered shall be reclaimed before the regulated 
     substance is sold or transferred to a new owner, except where 
     the recovered regulated substance is sold or transferred to a 
     new owner solely for the purposes of being reclaimed or 
     destroyed.
       (3) Coordination.--In promulgating regulations to carry out 
     this subsection, the Administrator may coordinate those 
     regulations with any other regulations promulgated by the 
     Administrator that involve--
       (A) the same or a similar practice, process, or activity 
     regarding the servicing, repair, disposal, or installation of 
     equipment; or
       (B) reclaiming.
       (4) Inapplicability.--No regulation promulgated pursuant to 
     this subsection shall apply to a regulated substance or a 
     substitute for a regulated substance that is contained in a 
     foam.
       (5) Small business grants.--
       (A) Definition of small business concern.--In this 
     paragraph, the term ``small business concern'' has the same 
     meaning as in section 3 of the Small Business Act (15 U.S.C. 
     632).
       (B) Establishment.--Subject to the availability of 
     appropriations, the Administrator shall establish a grant 
     program to award grants to small business concerns for the 
     purchase of new specialized equipment for the recycling, 
     recovery, or reclamation of a substitute for a regulated 
     substance, including the purchase of approved refrigerant 
     recycling equipment (as defined in section 609(b) of the 
     Clean Air Act (42 U.S.C. 7671h(b))) for recycling, recovery, 
     or reclamation in the service or repair of motor vehicle air 
     conditioning systems.
       (C) Matching funds.--The non-Federal share of a project 
     carried out with a grant under this paragraph shall be not 
     less than 25 percent.
       (D) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $5,000,000 for 
     each of fiscal years 2021 through 2023.
       (i) Technology Transitions.--
       (1) Authority.--Subject to the provisions of this 
     subsection, the Administrator may by rule restrict, fully, 
     partially, or on a graduated schedule, the use of a regulated 
     substance in the sector or subsector in which the regulated 
     substance is used.
       (2) Negotiated rulemaking.--
       (A) Consideration required.--Before proposing a rule for 
     the use of a regulated substance for a sector or subsector 
     under paragraph (1), the Administrator shall consider 
     negotiating with stakeholders in the sector or subsector 
     subject to the potential rule in accordance with the 
     negotiated rulemaking procedure provided for under subchapter 
     III of chapter 5 of title 5, United States Code (commonly 
     known as the ``Negotiated Rulemaking Act of 1990'').
       (B) Negotiated rulemakings.--If the Administrator 
     negotiates a rulemaking with stakeholders using the procedure 
     described in subparagraph (A), the Administrator shall, to 
     the extent practicable, give priority to completing that 
     rulemaking over completing rulemakings under this subsection 
     that were not negotiated using that procedure.
       (C) No negotiated rulemaking.--If the Administrator does 
     not negotiate a rulemaking with stakeholders using the 
     procedure described in subparagraph (A), the Administrator 
     shall, before commencement of the rulemaking process for a 
     rule under paragraph (1), publish an explanation of the 
     decision of the Administrator to not use that procedure.
       (3) Petitions.--
       (A) In general.--A person may petition the Administrator to 
     promulgate a rule under paragraph (1) for the restriction on 
     use of a regulated substance in a sector or subsector, which 
     shall include a request that the Administrator negotiate with 
     stakeholders in accordance with paragraph (2)(A).
       (B) Response.--The Administrator shall grant or deny a 
     petition under subparagraph (A) not later than 180 days after 
     the date of receipt of the petition.
       (C) Requirements.--
       (i) Explanation.--If the Administrator denies a petition 
     under subparagraph (B), the Administrator shall publish in 
     the Federal Register an explanation of the denial.
       (ii) Final rule.--If the Administrator grants a petition 
     under subparagraph (B), the Administrator shall promulgate a 
     final rule not later than 2 years after the date on which the 
     Administrator grants the petition.
       (iii) Publication of petitions.--Not later than 30 days 
     after the date on which the Administrator receives a petition 
     under subparagraph (A), the Administrator shall make that 
     petition available to the public in full.
       (4) Factors for determination.--In carrying out a 
     rulemaking using the procedure described in paragraph (2) or 
     making a determination to grant or deny a petition submitted 
     under paragraph (3), the Administrator shall, to the extent 
     practicable, factor in--
       (A) the best available data;
       (B) the availability of substitutes for use of the 
     regulated substance that is the subject of the rulemaking or 
     petition, as applicable, in a sector or subsector, taking 
     into account technological achievability, commercial demands, 
     affordability for residential and small business consumers, 
     safety, consumer costs , building codes, appliance efficiency 
     standards, contractor training costs, and other relevant 
     factors, including the quantities of regulated substances 
     available from reclaiming, prior production, or prior import;
       (C) overall economic costs and environmental impacts, as 
     compared to historical trends; and
       (D) the remaining phase-down period for regulated 
     substances under the final rule issued under subsection 
     (e)(3), if applicable.
       (5) Evaluation.--In carrying out this subsection, the 
     Administrator shall--
       (A) evaluate substitutes for regulated substances in a 
     sector or subsector, taking into account technological 
     achievability, commercial demands, safety, overall economic 
     costs and environmental impacts, and other relevant factors; 
     and
       (B) make the evaluation under subparagraph (A) available to 
     the public, including the factors associated with the safety 
     of those substitutes.
       (6) Effective date of rules.--No rule under this subsection 
     may take effect before the date that is 1 year after the date 
     on which the Administrator promulgates the applicable rule 
     under this subsection.
       (7) Applicability.--
       (A) Definition of retrofit.--In this paragraph, the term 
     ``retrofit'' means to upgrade existing equipment where the 
     regulated substance is changed, which--
       (i) includes the conversion of equipment to achieve system 
     compatibility; and
       (ii) may include changes in lubricants, gaskets, filters, 
     driers, valves, o-rings, or equipment components for that 
     purpose.
       (B) Applicability of rules.--A rule promulgated under this 
     subsection shall not apply to--
       (i) an essential use under clause (i) or (iv) of subsection 
     (e)(4)(B), including any use for which the production or 
     consumption of the regulated substance is extended under 
     clause (v)(II) of that subsection; or
       (ii) except for a retrofit application, equipment in 
     existence in a sector or subsector before the date of 
     enactment of this Act.
       (j) International Cooperation.--
       (1) In general.--Subject to paragraph (2), no person 
     subject to the requirements of this section shall trade or 
     transfer a production allowance or, after January 1, 2033, 
     export a regulated substance to a person in a foreign country 
     that, as determined by the Administrator, has not enacted or 
     otherwise established within a reasonable timeframe after the 
     date of enactment of this Act the same or similar 
     requirements or otherwise undertaken commitments regarding 
     the production and consumption of regulated substances as are 
     contained in this section.
       (2) Transfers.--Pursuant to paragraph (1), a person in the 
     United States may engage in a trade or transfer of a 
     production allowance--
       (A) to a person in a foreign country if, at the time of the 
     transfer, the Administrator revises the number of allowances 
     for production under subsection (e)(2), as applicable, for 
     the United States such that the aggregate national production 
     of the regulated substance to be traded under the revised 
     production limits is equal to the least of--
       (i) the maximum production level permitted for the 
     applicable regulated substance in the year of the transfer 
     under this section, less the production allowances 
     transferred;
       (ii) the maximum production level permitted for the 
     applicable regulated substances in the transfer year under 
     applicable law, less the production allowances transferred; 
     and
       (iii) the average of the actual national production level 
     of the applicable regulated substances for the 3-year period 
     ending on the date of the transfer, less the production 
     allowances transferred; or
       (B) from a person in a foreign country if, at the time of 
     the trade or transfer, the Administrator finds that the 
     foreign country has revised the domestic production limits of 
     the regulated substance in the same manner as provided with 
     respect to transfers by a person in United States under this 
     subsection.
       (3) Effect of transfers on production limits.--The 
     Administrator may--
       (A) reduce the production limits established under 
     subsection (e)(2)(B) as required as a prerequisite to a 
     transfer described in paragraph (2)(A); or
       (B) increase the production limits established under 
     subsection (e)(2)(B) to reflect production allowances 
     acquired under a trade or transfer described in paragraph 
     (2)(B).
       (4) Regulations.--The Administrator shall--
       (A) not later than 1 year after the date of enactment of 
     this Act, promulgate a final rule to carry out this 
     subsection; and

[[Page H7611]]

       (B) not less frequently than annually, review and, if 
     necessary, revise the final rule promulgated pursuant to 
     subparagraph (A).
       (k) Relationship to Other Law.--
       (1) Implementation.--
       (A) Rulemakings.--The Administrator may promulgate such 
     regulations as are necessary to carry out the functions of 
     the Administrator under this section.
       (B) Delegation.--The Administrator may delegate to any 
     officer or employee of the Environmental Protection Agency 
     such of the powers and duties of the Administrator under this 
     section as the Administrator determines to be appropriate.
       (C) Clean air act.--Sections 113, 114, 304, and 307 of the 
     Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply 
     to this section and any rule, rulemaking, or regulation 
     promulgated by the Administrator pursuant to this section as 
     though this section were expressly included in title VI of 
     that Act (42 U.S.C. 7671 et seq.).
       (2) Preemption.--
       (A) In general.--Subject to subparagraph (B), during the 5-
     year period beginning on the date of enactment of this Act, 
     and with respect to an exclusive use for which a mandatory 
     allocation of allowances is provided under subsection 
     (e)(4)(B)(iv)(I), no State or political subdivision of a 
     State may enforce a statute or administrative action 
     restricting the management or use of a regulated substance 
     within that exclusive use.
       (B) Extension.--
       (i) In general.--Subject to clause (ii), if, pursuant to 
     subclause (I) of subsection (e)(4)(B)(v), the Administrator 
     authorizes an additional period under subclause (II) of that 
     subsection for the production or consumption of a regulated 
     substance for an exclusive use described in subparagraph (A), 
     no State or political subdivision of a State may enforce a 
     statute or administrative action restricting the management 
     or use of the regulated substance within that exclusive use 
     for the duration of that additional period.
       (ii) Limitation.--The period for which the limitation under 
     clause (i) applies shall not exceed 5 years from the date on 
     which the period described in subparagraph (A) ends.

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

        TITLE I--SMITHSONIAN AMERICAN WOMEN'S HISTORY MUSEUM ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Smithsonian American 
     Women's History Museum Act''.

     SEC. 102. FINDINGS.

       Congress finds the following:
       (1) Since its founding, the United States has greatly 
     benefitted from the contributions of women.
       (2) Historical accounts, monuments, memorials, and museums 
     disproportionately represent men's achievements and 
     contributions and often neglect those of women. For example--
       (A) a study of 18 United States history textbooks concluded 
     that 10 percent of the material documented contributions of 
     women;
       (B) 9 statues out of 91 in the United States Capitol's 
     National Statuary Hall depict women; and
       (C) only one of the 44 monuments operated by the National 
     Park Service specifically honors the achievements of women 
     after the 2016 designation of the Belmont-Paul Women's 
     Equality National Monument.
       (3) There exists no national museum in the United States 
     that is devoted to the documentation of women's contributions 
     throughout the Nation's history.
       (4) On December 19, 2014, Congress created a Congressional 
     Commission to study the potential for an American museum of 
     women's history. The bipartisan Commission unanimously 
     concluded that the United States needs and deserves a 
     physical national museum dedicated to showcasing the 
     historical experiences and impact of women in the United 
     States.
       (5) A comprehensive women's history museum would document 
     the full spectrum of the experiences of women in the United 
     States, represent a diverse range of viewpoints, experiences, 
     and backgrounds, more accurately depict the history of the 
     United States, and add value to the Smithsonian Institution.
       (6) The collections, exhibits, historical narrative 
     materials, and museum programming of the women's history 
     museum should be inclusive, comprehensive, and innovative. 
     Such collections, exhibits, materials, and programming should 
     present the diverse range of experiences and viewpoints of 
     all women in the United States, reflecting upon the things 
     that set women apart from one another while also highlighting 
     the experiences that many of these women share.

     SEC. 103. ESTABLISHMENT OF MUSEUM.

       (a) Establishment.--There is established within the 
     Smithsonian Institution a comprehensive women's history 
     museum, to be named by the Board of Regents in consultation 
     with the council established under section 104 (referred to 
     in this Act as the ``Museum'').
       (b) Purpose.--The purpose of the Museum established under 
     this section shall be to provide for--
       (1) the collection and study of, and the establishment of 
     programs relating to, women's contributions to various fields 
     and throughout different periods of history that have 
     influenced the direction of the United States;
       (2) collaboration with other Smithsonian Institution 
     museums and facilities, outside museums, and educational 
     institutions; and
       (3) the creation of exhibitions and programs that recognize 
     diverse perspectives on women's history and contributions.

     SEC. 104. COUNCIL.

       (a) Establishment.--There is established within the 
     Smithsonian Institution a council to carry out the duties set 
     forth under subsection (b) and other provisions of this Act 
     (referred to in this section as the ``Council'').
       (b) Duties.--
       (1) In general.--The Council established under this section 
     shall--
       (A) make recommendations to the Board of Regents concerning 
     the planning, design, and construction of the Museum;
       (B) advise and assist the Board of Regents on all matters 
     relating to the administration, operation, maintenance, and 
     preservation of the Museum;
       (C) recommend annual operating budgets for the Museum to 
     the Board of Regents;
       (D) report annually to the Board of Regents on the 
     acquisition, disposition, and display of objects relating to 
     women's art, history, and culture; and
       (E) adopt bylaws for the operation of the Council.
       (2) Principal responsibilities.--The Council, subject to 
     the general policies of the Board of Regents, shall have sole 
     authority to--
       (A) purchase, accept, borrow, and otherwise acquire 
     artifacts for addition to the collections of the Museum;
       (B) loan, exchange, sell, and otherwise dispose of any part 
     of the collections of the Museum, but only if the funds 
     generated by that disposition are used for additions to the 
     collections of the Museum; or
       (C) specify criteria with respect to the use of the 
     collections and resources of the Museum, including policies 
     on programming, education, exhibitions, and research with 
     respect to--
       (i) the life, art, history, and culture of women;
       (ii) the role of women in the history of the United States; 
     and
       (iii) the contributions of women to society.
       (3) Other responsibilities.--The Council, subject to the 
     general policies of the Board of Regents, shall have 
     authority--
       (A) to provide for preservation, restoration, and 
     maintenance of the collections of the Museum; and
       (B) to solicit, accept, use, and dispose of gifts, 
     bequests, and devises of personal property for the purpose of 
     aiding and facilitating the work of the Museum.
       (4) Ensuring diversity of political viewpoints in exhibits 
     and programs.--In carrying out its duties, the Council shall 
     ensure that the exhibits and programs of the Museum reflect, 
     to the extent practicable, an equal representation of the 
     diversity of the political viewpoints held by women of the 
     United States on the events and issues relating to the 
     history of women in the United States.
       (c) Composition and Appointment.--
       (1) In general.--The Council shall be composed of 25 voting 
     members as provided under paragraph (2).
       (2) Voting members.--The Council shall include the 
     following voting members:
       (A) One member appointed by the majority leader of the 
     Senate.
       (B) One member appointed by the minority leader of the 
     Senate.
       (C) One member appointed by the Speaker of the House of 
     Representatives.
       (D) One member appointed by the minority leader of the 
     House of Representatives.
       (E) The Secretary of the Smithsonian Institution.
       (F) One member of the Board of Regents, appointed by the 
     Board of Regents.
       (G) Nineteen individuals appointed by the Board of Regents. 
     In appointing members under this subparagraph, the Board of 
     Regents should give special consideration to appointing--
       (i) members of the Congressional Commission;
       (ii) board members of the National Women's History Museum, 
     a nonprofit, educational organization described in section 
     501(c)(3) of the Internal Revenue Code of 1986 that was 
     incorporated in 1996 in the District of Columbia and that is 
     dedicated for the purpose of establishing a women's history 
     museum; and
       (iii) scholars and representatives of organizations that 
     are committed to the study of women's history.
       (3) Initial appointments.--The Board of Regents shall make 
     initial appointments to the Council under paragraph (2) not 
     later than 180 days after the date of the enactment of this 
     Act.
       (d) Terms.--
       (1) In general.--Except as provided in this subsection, 
     each appointed member of the Council shall be appointed for a 
     term of 3 years.
       (2) Initial appointees.--As designated by the Board of 
     Regents at the time of appointment, of the voting members 
     first appointed under subparagraph (G) of subsection (c)(2)--
       (A) 7 members shall be appointed for a term of 1 year;
       (B) 6 members shall be appointed for a term of 2 years; and
       (C) 6 members shall be appointed for a term of 3 years.
       (3) Reappointment.--A member of the Council may be 
     reappointed, except that no individual may serve on the 
     Council for a total of more than 2 terms. For purposes of 
     this paragraph, the number of terms an individual serves on 
     the Council shall not include any portion of a term for which 
     an individual is appointed to fill a vacancy under paragraph 
     (4)(B).
       (4) Vacancies.--
       (A) In general.--A vacancy on the Council--
       (i) shall not affect the powers of the Council; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (B) Term.--Any member of the Council appointed to fill a 
     vacancy occurring before the expiration of the term for which 
     the member's predecessor was appointed shall be appointed for 
     the remainder of that term.
       (e) Compensation.--
       (1) In general.--Except as provided in paragraph (2), a 
     member of the Council shall serve without pay.

[[Page H7612]]

       (2) Travel expenses.--A member of the Council shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Council.
       (f) Chairperson.--By a majority vote of its voting members, 
     the Council shall elect a chairperson from its members.
       (g) Meetings.--
       (1) In general.--The Council shall meet at the call of the 
     chairperson or on the written request of a majority of the 
     voting members of the Council, but not fewer than twice each 
     year.
       (2) Initial meetings.--During the 1-year period beginning 
     on the date of the first meeting of the Council, the Council 
     shall meet not fewer than 4 times for the purpose of carrying 
     out the duties of the Council under this Act.
       (h) Quorum.--A majority of the voting members of the 
     Council holding office shall constitute a quorum for the 
     purpose of conducting business, but a lesser number may 
     receive information on behalf of the Council.

     SEC. 105. DIRECTOR AND STAFF OF THE MUSEUM.

       (a) Director.--
       (1) In general.--The Museum shall have a Director who shall 
     be appointed by the Secretary, taking into consideration 
     individuals recommended by the council established under 
     section 104.
       (2) Duties.--The Director shall manage the Museum subject 
     to the policies of the Board of Regents.
       (b) Staff.--The Secretary may appoint 2 additional 
     employees to serve under the Director, except that such 
     additional employees may be appointed without regard to the 
     provisions of title 5, United States Code, governing 
     appointments in the competitive service.
       (c) Pay.--The employees appointed by the Secretary under 
     subsection (b) may be paid without regard to the provisions 
     of chapter 51 and subchapter III of chapter 53 of title 5, 
     United States Code, relating to classification of positions 
     and General Schedule pay rates.

     SEC. 106. EDUCATIONAL AND LIAISON PROGRAMS.

       (a) Programs Authorized.--The Director of the Museum may 
     carry out educational and liaison programs in support of the 
     goals of the Museum.
       (b) Collaboration With Schools.--In carrying out this 
     section, the Director shall carry out educational programs in 
     collaboration with elementary schools, secondary schools, and 
     postsecondary schools.

     SEC. 107. BUILDING.

       (a) Location.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, the Board of Regents shall 
     designate a site for the Museum.
       (2) Sites for consideration.--In designating a site under 
     paragraph (1), the Board of Regents shall--
       (A) select a site in the District of Columbia; and
       (B) include the consideration of the following sites:
       (i) The site known as the ``South Monument site'', located 
     on the National Mall and bordered by 14th Street Northwest, 
     Jefferson Drive Southwest, Raoul Wallenberg Place Southwest, 
     and Independence Ave Southwest.
       (ii) The Northwest United States Capitol site, bordered by 
     3rd Street Northwest, Constitution Avenue Northwest, 1st 
     Street Northwest, and Pennsylvania Ave Northwest.
       (3) Factors considered.--In designating a site under 
     paragraph (1), the Board of Regents shall take into 
     consideration each of the following factors:
       (A) An estimate of the costs associated with each potential 
     site.
       (B) An assessment of the suitability of the space of each 
     potential site, including size, proximity to other buildings 
     and transportation, and other external environmental 
     conditions, as appropriate.
       (C) The recommendations of the Congressional Commission.
       (4) Consultation.--The Board of Regents shall carry out its 
     duties under this subsection in consultation with each of the 
     following:
       (A) The Chair of the National Capital Planning Commission.
       (B) The Director of the National Park Service.
       (C) The Chair of the National Capital Memorial Advisory 
     Commission.
       (D) The Chair of the Commission on Fine Arts.
       (E) The Chair of the Congressional Commission.
       (F) The Architect of the Capitol.
       (G) The chair and ranking member of each of the following 
     committees:
       (i) The Committee on Rules and Administration of the 
     Senate.
       (ii) The Committee on House Administration of the House of 
     Representatives.
       (iii) The Committee on Energy and Natural Resources of the 
     Senate.
       (iv) The Committee on Natural Resources of the House of 
     Representatives.
       (v) The Committee on Transportation and Infrastructure of 
     the House of Representatives.
       (vi) The Committee on Appropriations of the House of 
     Representatives.
       (vii) The Committee on Appropriations of the Senate.
       (5) Intent of congress.--It is the intent of Congress that 
     the Museum be located on or near the National Mall, to the 
     maximum extent practicable, in accordance with this section.
       (b) Site Under the Jurisdiction of Another Federal 
     Agency.--
       (1) Written notification of agreement.--The Board of 
     Regents shall not designate a site for the Museum that is 
     under the administrative jurisdiction of another Federal 
     agency or entity unless the head of the Federal agency or 
     entity submits to each of the committees described in 
     subsection (a)(4)(G) written notification stating that the 
     head of the Federal agency or entity concurs with locating 
     the Museum on the land or in the structure that is under the 
     administrative jurisdiction of the Federal agency or entity.
       (2) Transfer.--As soon as practicable after the date on 
     which Congress receives the written notification described in 
     paragraph (1), the head of the Federal agency or entity shall 
     transfer to the Smithsonian Institution its administrative 
     jurisdiction over the land or structure that has been 
     designated as the site for the Museum.
       (c) Construction of Building.--The Board of Regents, in 
     consultation with the council established under section 104, 
     may plan, design, and construct a building for the Museum, 
     which shall be located at the site designated by the Board of 
     Regents under subsection (a), in accordance with this 
     section.
       (d) Commemorative Works Act.--Chapter 89 of title 40, 
     United States Code, shall not apply with respect to the 
     Museum, except that the Museum shall not be located in the 
     Reserve (as defined in section 8902(a) of that title).
       (e) Cost Sharing.--The Board of Regents shall pay--
       (1) 50 percent of the costs of carrying out this section 
     from Federal funds; and
       (2) 50 percent of the costs of carrying out this section 
     from non-Federal sources.

     SEC. 108. DEFINITIONS.

       In this Act, the following definitions apply:
       (1) The term ``Board of Regents'' means the Board of 
     Regents of the Smithsonian Institution.
       (2) The term ``Congressional Commission'' means the 
     Commission to Study the Potential Creation of a National 
     Women's History Museum, established under section 3056 of the 
     Military Construction Authorization Act for Fiscal Year 2015 
     (Public Law 113-291; 128 Stat. 3810).
       (3) The term ``Secretary'' means the Secretary of the 
     Smithsonian Institution.

     SEC. 109. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Smithsonian Institution to carry out this Act, including 
     the planning, design, construction, and operation of the 
     Museum established under section 103, such sums as may be 
     necessary for fiscal year 2020 and each succeeding fiscal 
     year.
       (b) Availability.--Amounts appropriated pursuant to the 
     authorization under this section shall remain available until 
     expended.
       (c) Use of Funds for Fundraising.--Amounts appropriated 
     pursuant to the authorization under this section may be used 
     to conduct fundraising in support of the Museum from private 
     sources.

            TITLE II--NATIONAL MUSEUM OF THE AMERICAN LATINO

     SEC. 201. NATIONAL MUSEUM OF THE AMERICAN LATINO.

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

       (I) Latino contributions to the early history of what now 
     encompasses the United States of America and its territories;

[[Page H7613]]

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

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

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

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

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

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

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

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

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

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

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

       (ii) consult with the Director of the Institute of Museum 
     and Library Services concerning the grant programs carried 
     out under paragraph (2).
       (2) Grant programs.--
       (A) In general.--The Director of the Institute of Museum 
     and Library Services, in consultation with the Board of 
     Trustees and the Director of the Museum, shall establish and 
     carry out--
       (i) a grant program with the purpose of improving 
     operations, care of collections, culturally appropriate 
     public outreach, and development of professional management 
     at American Latino museums;
       (ii) a grant program with the purpose of providing 
     internship and fellowship opportunities at American Latino 
     museums;
       (iii) a scholarship program, in partnership with Hispanic-
     serving institutions, minority-serving institutions, 
     historically black colleges and universities, and other 
     institutions of higher education, with the purpose of 
     assisting individuals who are pursuing careers or carrying

[[Page H7614]]

     out studies in the arts, humanities, and sciences in the 
     study of American Latino life, art, history, and culture;
       (iv) in cooperation with other museums, historical 
     societies, and educational institutions, a grant program with 
     the purpose of promoting the understanding of the Latin 
     American diaspora in the United States; and
       (v) a grant program under which an American Latino museum 
     (including a nonprofit education organization the primary 
     mission of which is to promote the study of the Latin 
     American diaspora in the United States) may use funds 
     provided under the grant to increase an endowment fund 
     established by the museum (or organization) as of October 1, 
     2020, for the purposes of enhancing educational programming, 
     and maintaining and operating traveling educational exhibits.
       (B) Clarification of treatment of museum.--In this 
     paragraph, the term ``American Latino museum'' does not 
     include the Museum.
       (C) Authorization of appropriations.--There are authorized 
     to be appropriated to the Institute of Museum and Library 
     Services to carry out this paragraph--
       (i) $15,000,000 for fiscal year 2021; and
       (ii) such sums as may be necessary for fiscal year 2022 and 
     each succeeding fiscal year.
       (g) National Museum of the American Latino Building and 
     Support Facilities.--
       (1) In general.--
       (A) Location.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Board of Regents shall designate a 
     site for the Museum.
       (ii) Sites for consideration.--In designating a site under 
     clause (i), the Board of Regents shall--

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

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

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

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

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

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

   DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS

                 TITLE I--AI IN GOVERNMENT ACT OF 2020

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``AI in Government Act of 
     2020''.

     SEC. 102. DEFINITIONS.

       In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     General Services;
       (2) the term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code;
       (3) the term ``AI CoE'' means the AI Center of Excellence 
     described in section 103;
       (4) the term ``artificial intelligence'' has the meaning 
     given the term in section 238(g) of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 (10 
     U.S.C. 2358 note);
       (5) the term ``Director'' means the Director of the Office 
     of Management and Budget;
       (6) the term ``institution of higher education'' has the 
     meaning given the term in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C. 1001); and
       (7) the term ``nonprofit organization'' means an 
     organization described in section 501(c)(3)of the Internal 
     Revenue Code of 1986 and exempt from taxation under section 
     501(a) of that Code.

     SEC. 103. AI CENTER OF EXCELLENCE.

       (a) In General.--There is created within the General 
     Services Administration a program to be known as the ``AI 
     Center of Excellence'', which shall--
       (1) facilitate the adoption of artificial intelligence 
     technologies in the Federal Government;
       (2) improve cohesion and competency in the adoption and use 
     of artificial intelligence within the Federal Government; and
       (3) carry out paragraphs (1) and (2) for the purposes of 
     benefitting the public and enhancing the productivity and 
     efficiency of Federal Government operations.
       (b) Duties.--The duties of the AI CoE shall include--
       (1) regularly convening individuals from agencies, 
     industry, Federal laboratories, nonprofit organizations, 
     institutions of higher education, and other entities to 
     discuss recent developments in artificial intelligence, 
     including the dissemination of information regarding 
     programs, pilots, and other initiatives at agencies, as well 
     as recent trends and relevant information on the 
     understanding, adoption, and use of artificial intelligence;
       (2) collecting, aggregating, and publishing on a publicly 
     available website information regarding programs, pilots, and 
     other initiatives led by other agencies and any other 
     information determined appropriate by the Administrator;
       (3) advising the Administrator, the Director, and agencies 
     on the acquisition and use of artificial intelligence through 
     technical insight and expertise, as needed;
       (4) assist agencies in applying Federal policies regarding 
     the management and use of data in applications of artificial 
     intelligence;
       (5) consulting with agencies, including the Department of 
     Defense, the Department of Commerce, the Department of 
     Energy, the Department of Homeland Security, the Office of 
     Management and Budget, the Office of the Director

[[Page H7615]]

     of National Intelligence, and the National Science 
     Foundation, that operate programs, create standards and 
     guidelines, or otherwise fund internal projects or coordinate 
     between the public and private sectors relating to artificial 
     intelligence;
       (6) advising the Director on developing policy related to 
     the use of artificial intelligence by agencies; and
       (7) advising the Director of the Office of Science and 
     Technology Policy on developing policy related to research 
     and national investment in artificial intelligence.
       (c) Staff.--
       (1) In general.--The Administrator shall provide necessary 
     staff, resources, and administrative support for the AI CoE.
       (2) Shared staff.--To the maximum extent practicable, the 
     Administrator shall meet the requirements described under 
     paragraph (1) by using staff of the General Services 
     Administration, including those from other agency centers of 
     excellence, and detailees, on a reimbursable or 
     nonreimbursable basis, from other agencies.
       (3) Fellows.--The Administrator may, to the maximum extent 
     practicable, appoint fellows to participate in the AI CoE 
     from nonprofit organizations, think tanks, institutions of 
     higher education, and industry.
       (d) Sunset.--This section shall cease to be effective on 
     the date that is 5 years after the date of enactment of this 
     Act.

     SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.

       (a) Guidance.--Not later than 270 days after the date of 
     enactment of this Act, the Director, in coordination with the 
     Director of the Office of Science and Technology Policy in 
     consultation with the Administrator and any other relevant 
     agencies and key stakeholders as determined by the Director, 
     shall issue a memorandum to the head of each agency that 
     shall--
       (1) inform the development of policies regarding Federal 
     acquisition and use by agencies regarding technologies that 
     are empowered or enabled by artificial intelligence, 
     including an identification of the responsibilities of agency 
     officials managing the use of such technology;
       (2) recommend approaches to remove barriers for use by 
     agencies of artificial intelligence technologies in order to 
     promote the innovative application of those technologies 
     while protecting civil liberties, civil rights, and economic 
     and national security;
       (3) identify best practices for identifying, assessing, and 
     mitigating any discriminatory impact or bias on the basis of 
     any classification protected under Federal nondiscrimination 
     laws, or any unintended consequence of the use of artificial 
     intelligence, including policies to identify data used to 
     train artificial intelligence algorithms as well as the data 
     analyzed by artificial intelligence used by the agencies; and
       (4) provide a template of the required contents of the 
     agency plans described in subsection (c).
       (b) Public Comment.--To help ensure public trust in the 
     applications of artificial intelligence technologies, the 
     Director shall issue a draft version of the memorandum 
     required under subsection (a) for public comment not later 
     than 180 days after date of enactment of this Act.
       (c) Plans.--Not later than 180 days after the date on which 
     the Director issues the memorandum required under subsection 
     (a) or an update to the memorandum required under subsection 
     (d), the head of each agency shall submit to the Director and 
     post on a publicly available page on the website of the 
     agency--
       (1) a plan to achieve consistency with the memorandum; or
       (2) a written determination that the agency does not use 
     and does not anticipate using artificial intelligence.
       (d) Updates.--Not later than 2 years after the date on 
     which the Director issues the memorandum required under 
     subsection (a), and every 2 years thereafter for 10 years, 
     the Director shall issue updates to the memorandum.

     SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL 
                   INTELLIGENCE.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, and in accordance with chapter 51 of 
     title 5, United States Code, the Director of the Office of 
     Personnel Management shall--
       (1) identify key skills and competencies needed for 
     positions related to artificial intelligence;
       (2) establish an occupational series, or update and improve 
     an existing occupational job series, to include positions the 
     primary duties of which relate to artificial intelligence;
       (3) to the extent appropriate, establish an estimate of the 
     number of Federal employees in positions related to 
     artificial intelligence, by each agency; and
       (4) using the estimate established in paragraph (3), 
     prepare a 2-year and 5-year forecast of the number of Federal 
     employees in positions related to artificial intelligence 
     that each agency will need to employ.
       (b) Plan.--Not later than 120 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Oversight and Reform of the House of 
     Representatives a comprehensive plan with a timeline to 
     complete requirements described in subsection (a).

        TITLE II--DHS OVERSEAS PERSONNEL ENHANCEMENT ACT OF 2019

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``DHS Overseas Personnel 
     Enhancement Act of 2019''.

     SEC. 202. OVERSEAS PERSONNEL BRIEFING.

       (a) In General.--Not later than 90 days after submission of 
     the comprehensive 3-year strategy required under section 1910 
     of the National Defense Authorization Act for Fiscal Year 
     2017 (Public Law 114-328) and annually thereafter, the 
     Secretary shall brief the Committee on Homeland Security of 
     the House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs of the Senate regarding 
     Department personnel with primary duties that take place 
     outside of the United States.
       (b) Requirements.--The briefings required under subsection 
     (a) shall include the following:
       (1) A detailed summary of, and deployment schedule for, 
     each type of personnel position with primary duties that take 
     place outside of the United States and how each such position 
     contributes to the Department's mission.
       (2) Information related to how the geographic and regional 
     placement of such positions contributes to the Department's 
     mission.
       (3) Information related to any risk mitigation plans for 
     each geographic and regional placement, including to address 
     counter-intelligence risks.
       (4) Information regarding the costs of deploying or 
     maintaining personnel at each geographic and regional 
     placement, including information on any cost-sharing 
     agreement with foreign partners to cover a portion or all the 
     costs relating to such deployment or maintenance.
       (5) Information on guidance and practices to guard against 
     counter-espionage and counter-intelligence threats, including 
     cyber threats, associated with Department personnel.
       (6) Information regarding trends in foreign efforts to 
     influence such personnel while deployed overseas to 
     contribute to the Department's mission.
       (7) Information related to the position-specific training 
     received by such personnel before and during placement at a 
     foreign location.
       (8) Challenges that may impede the communication of 
     counterterrorism information between Department personnel at 
     foreign locations and Department entities in the United 
     States, including technical, resource, and administrative 
     challenges.
       (9) The status of efforts to implement the strategy 
     referred to in subsection (a).
       (10) The status of efforts (beginning with the second 
     briefing required under this section) to implement the 
     enhancement plan under section 203.

     SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN.

       (a) In General.--Not later than 90 days after the first 
     briefing required under section 202, the Secretary shall 
     submit to the Committee on Homeland Security of the House of 
     Representatives and the Committee on Homeland Security and 
     Governmental Affairs of the Senate a plan to enhance the 
     effectiveness of Department personnel at foreign locations.
       (b) Plan Requirements.--The plan required under subsection 
     (a) shall include proposals to--
       (1) improve efforts of Department personnel at foreign 
     locations, as necessary, for purposes of providing foreign 
     partner capacity development and furthering the Department's 
     mission;
       (2) as appropriate, redeploy Department personnel to 
     respond to changing threats to the United States, consistent 
     with the limits on the resources of the Department;
       (3) enhance collaboration among Department personnel at 
     foreign locations, other Federal personnel at foreign 
     locations, and foreign partners;
       (4) improve the communication of information between 
     Department personnel at foreign locations and Department 
     entities in the United States, including to address 
     technical, resource, and administrative challenges; and
       (5) maintain practices to guard against counter-espionage 
     threats associated with Department personnel.

     SEC. 204. TERMINATION.

       The briefing requirement under section 202 shall terminate 
     on the date that is 4 years after the submission of the 
     strategy referred to in subsection (a) of such section.

     SEC. 205. DEFINITIONS.

       In this Act--
       (1) the term ``Department'' means the Department of 
     Homeland Security; and
       (2) the term ``Secretary'' means the Secretary of Homeland 
     Security.

    TITLE III--SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Synthetic Opioid Exposure 
     Prevention and Training Act''.

     SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID 
                   EXPOSURE WITHIN U.S. CUSTOMS AND BORDER 
                   PROTECTION.

       (a) In General.--Subtitle B of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 211 et seq.) is amended by 
     inserting after section 415 the following new section:

     ``SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID 
                   EXPOSURE.

       ``(a) In General.--The Commissioner of U.S. Customs and 
     Border Protection shall issue a policy that specifies 
     effective protocols and procedures for the safe handling of 
     potential synthetic opioids, including fentanyl, by U.S. 
     Customs and Border Protection officers, agents, other 
     personnel, and canines, and to reduce the risk of injury or 
     death resulting from accidental exposure and enhance post-
     exposure management.
       ``(b) Training.--
       ``(1) In general.--Together with the issuance of the policy 
     described in subsection (a), the Commissioner of U.S. Customs 
     and Border Protection shall require mandatory and recurrent 
     training on the following:
       ``(A) The potential risk of opioid exposure and safe 
     handling procedures for potential synthetic opioids, 
     including precautionary measures such as the use of personal 
     protective equipment during such handling.
       ``(B) How to access and administer opioid receptor 
     antagonists, including naloxone, post-exposure to potential 
     synthetic opioids.

[[Page H7616]]

       ``(2) Integration.--The training described in paragraph (1) 
     may be integrated into existing training under section 411(l) 
     for U.S. Customs and Border Protection officers, agents, and 
     other personnel.
       ``(c) Personal Protective Equipment and Opioid Receptor 
     Antagonists.--Together with the issuance of the policy 
     described in subsection (a), the Commissioner of U.S. Customs 
     and Border Protection shall ensure the availability of 
     personal protective equipment and opioid receptor 
     antagonists, including naloxone, to all U.S. Customs and 
     Border Protection officers, agents, other personnel, and 
     canines at risk of accidental exposure to synthetic opioids.
       ``(d) Oversight.--To ensure effectiveness of the policy 
     described in subsection (a)--
       ``(1) the Commissioner of U.S. Customs and Border 
     Protection shall regularly monitor the efficacy of the 
     implementation of such policy and adjust protocols and 
     procedures, as necessary; and
       ``(2) the Inspector General of the Department shall audit 
     compliance with the requirements of this section not less 
     than once during the 3-year period after the date of the 
     enactment of this section.''.
       (b) Clerical Amendment.--The table of contents in section 
     1(b) of the Homeland Security Act of 2002 is amended by 
     inserting after the item relating to section 415 the 
     following new item:

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

  TITLE IV--CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2020

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Construction Consensus 
     Procurement Improvement Act of 2020''.

     SEC. 402. PROHIBITION ON USE OF A REVERSE AUCTION FOR THE 
                   AWARD OF A CONTRACT FOR DESIGN AND CONSTRUCTION 
                   SERVICES.

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

                         TITLE V--OVERSIGHT.GOV

     SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV; 
                   AUTHORIZATION OF FUNDS.

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

          TITLE VI--COUNTER THREATS ADVISORY BOARD ACT OF 2019

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Counter Threats Advisory 
     Board Act of 2019''.

     SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS 
                   ADVISORY BOARD.

       (a) In General.--Subtitle A of title II of the Homeland 
     Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
     inserting after section 210E the following:

     ``SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER THREATS.

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

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

[[Page H7617]]

     Governmental Affairs of the Senate and the Committee on 
     Homeland Security of the House of Representatives on any 
     changes to or introductions of new mechanisms to coordinate 
     threats across the Department of Homeland Security.

  TITLE VII--DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT

     SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS 
                   COORDINATOR ACT.

       (a) Short Title.--This title may be cited as the ``DHS 
     Countering Unmanned Aircraft Systems Coordinator Act''.
       (b) Countering Unmanned Aircraft Systems Coordinator.--
       (1) In general.--Title III of the Homeland Security Act of 
     2002 (6 U.S.C. 181 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.

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

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

                  TITLE VIII--WHISTLEBLOWER PROTECTION

     SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE 
                   EMPLOYEES.

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

                      TITLE IX--DOTGOV ACT OF 2020

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``DOTGOV Online Trust in 
     Government Act of 2020'' or the ``DOTGOV Act of 2020''.

     SEC. 902. FINDINGS.

       Congress finds that--
       (1) the .gov internet domain reflects the work of United 
     States innovators in inventing the internet and the role that 
     the Federal Government played in guiding the development and 
     success of the early internet;
       (2) the .gov internet domain is a unique resource of the 
     United States that reflects the history of innovation and 
     global leadership of the United States;
       (3) when online public services and official communications 
     from any level and branch of government use the .gov internet 
     domain, they are easily recognized as official and difficult 
     to impersonate;
       (4) the citizens of the United States deserve online public 
     services that are safe, recognizable, and trustworthy;
       (5) the .gov internet domain should be available at no cost 
     or a negligible cost to any Federal, State, local, or 
     territorial government-operated or publicly controlled 
     entity, including any Tribal government recognized by the 
     Federal Government or a State government, for use in their 
     official services, operations, and communications;
       (6) the .gov internet domain provides a critical service to 
     those Federal, State, local, Tribal, and territorial 
     governments; and
       (7) the .gov internet domain should be operated 
     transparently and in the spirit of public accessibility, 
     privacy, and security.

     SEC. 903. DEFINITIONS.

       In this Act--
       (1) the term ``Administrator'' means the Administrator of 
     General Services;
       (2) the term ``agency'' has the meaning given the term in 
     section 3502 of title 44, United States Code;
       (3) the term ``Director'' means the Director of the 
     Cybersecurity and Infrastructure Security Agency;
       (4) the term ``online service'' means any internet-facing 
     service, including a website, email, a virtual private 
     network, or a custom application; and
       (5) the term ``State'' means any State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Virgin Islands, Guam, American Samoa, the 
     Commonwealth of the Northern Mariana Islands, and any 
     possession of the United States.

     SEC. 904. DUTIES OF DEPARTMENT OF HOMELAND SECURITY.

       (a) Purpose.--The purpose of the .gov internet domain 
     program is to--
       (1) legitimize and enhance public trust in government 
     entities and their online services;
       (2) facilitate trusted electronic communication and 
     connections to and from government entities;
       (3) provide simple and secure registration of .gov internet 
     domains;
       (4) improve the security of the services hosted within 
     these .gov internet domains, and of the .gov namespace in 
     general; and
       (5) enable the discoverability of government services to 
     the public and to domain registrants.
       (b) Duties and Authorities Relating to the .gov Internet 
     Domain.--
       (1) In general.--Subtitle A of title XXII of the Homeland 
     Security Act (6 U.S.C. 651 et seq.) is amended--
       (A) in section 2202(c) (6 U.S.C. 652(c))--
       (i) in paragraph (10), by striking ``and'' at the end;
       (ii) by redesignating paragraph (11) as paragraph (12); and
       (iii) by inserting after paragraph (10) the following:
       ``(11) carry out the duties and authorities relating to the 
     .gov internet domain, as described in section 2215; and''; 
     and
       (B) by adding at the end the following:

     ``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET 
                   DOMAIN.

       ``(a) Definition.--In this section, the term `agency' has 
     the meaning given the term in section 3502 of title 44, 
     United States Code.
       ``(b) Availability of .gov Internet Domain.--The Director 
     shall make .gov internet domain name registration services, 
     as well as any supporting services described in subsection 
     (e), generally available--
       ``(1) to any Federal, State, local, or territorial 
     government entity, or other publicly controlled entity, 
     including any Tribal government recognized by the Federal 
     Government or a State government, that complies with the 
     requirements for registration developed by the Director as 
     described in subsection (c);
       ``(2) without conditioning registration on the sharing of 
     any information with the Director or any other Federal 
     entity, other than the information required to meet the 
     requirements described in subsection (c); and
       ``(3) without conditioning registration on participation in 
     any separate service offered by the Director or any other 
     Federal entity.
       ``(c) Requirements.--The Director, with the approval of the 
     Director of the Office of Management and Budget for agency 
     .gov internet domain requirements and in consultation with 
     the Director of the Office of Management and Budget for .gov 
     internet domain requirements for entities that are not 
     agencies, shall establish and publish on a publicly available 
     website requirements for the registration and operation of 
     .gov internet domains sufficient to--
       ``(1) minimize the risk of .gov internet domains whose 
     names could mislead or confuse users;
       ``(2) establish that .gov internet domains may not be used 
     for commercial or political campaign purposes;
       ``(3) ensure that domains are registered and maintained 
     only by authorized individuals; and
       ``(4) limit the sharing or use of any information obtained 
     through the administration of the .gov internet domain with 
     any other Department component or any other agency for any 
     purpose other than the administration of the .gov internet 
     domain, the services described in subsection (e), and the 
     requirements for establishing a .gov inventory described in 
     subsection (h).

[[Page H7618]]

       ``(d) Executive Branch.--
       ``(1) In general.--The Director of the Office of Management 
     and Budget shall establish applicable processes and 
     guidelines for the registration and acceptable use of .gov 
     internet domains by agencies.
       ``(2) Approval required.--The Director shall obtain the 
     approval of the Director of the Office of Management and 
     Budget before registering a .gov internet domain name for an 
     agency.
       ``(3) Compliance.--Each agency shall ensure that any 
     website or digital service of the agency that uses a .gov 
     internet domain is in compliance with the 21st Century IDEA 
     Act (44 U.S.C. 3501 note) and implementation guidance issued 
     pursuant to that Act.
       ``(e) Supporting Services.--
       ``(1) In general.--The Director may provide services to the 
     entities described in subsection (b)(1) specifically intended 
     to support the security, privacy, reliability, accessibility, 
     and speed of registered .gov internet domains.
       ``(2) Rule of construction.--Nothing in paragraph (1) shall 
     be construed to--
       ``(A) limit other authorities of the Director to provide 
     services or technical assistance to an entity described in 
     subsection (b)(1); or
       ``(B) establish new authority for services other than those 
     the purpose of which expressly supports the operation of .gov 
     internet domains and the needs of .gov internet domain 
     registrants.
       ``(f) Fees.--
       ``(1) In general.--The Director may provide any service 
     relating to the availability of the .gov internet domain 
     program, including .gov internet domain name registration 
     services described in subsection (b) and supporting services 
     described in subsection (e), to entities described in 
     subsection (b)(1) with or without reimbursement, including 
     variable pricing.
       ``(2) Limitation.--The total fees collected for new .gov 
     internet domain registrants or annual renewals of .gov 
     internet domains shall not exceed the direct operational 
     expenses of improving, maintaining, and operating the .gov 
     internet domain, .gov internet domain services, and .gov 
     internet domain supporting services.
       ``(g) Consultation.--The Director shall consult with the 
     Director of the Office of Management and Budget, the 
     Administrator of General Services, other civilian Federal 
     agencies as appropriate, and entities representing State, 
     local, Tribal, or territorial governments in developing the 
     strategic direction of the .gov internet domain and in 
     establishing requirements under subsection (c), in particular 
     on matters of privacy, accessibility, transparency, and 
     technology modernization.
       ``(h) .gov Inventory.--
       ``(1) In general.--The Director shall, on a continuous 
     basis--
       ``(A) inventory all hostnames and services in active use 
     within the .gov internet domain; and
       ``(B) provide the data described in subparagraph (A) to 
     domain registrants at no cost.
       ``(2) Requirements.--In carrying out paragraph (1)--
       ``(A) data may be collected through analysis of public and 
     non-public sources, including commercial data sets;
       ``(B) the Director shall share with Federal and non-Federal 
     domain registrants all unique hostnames and services 
     discovered within the zone of their registered domain;
       ``(C) the Director shall share any data or information 
     collected or used in the management of the .gov internet 
     domain name registration services relating to Federal 
     executive branch registrants with the Director of the Office 
     of Management and Budget for the purpose of fulfilling the 
     duties of the Director of the Office of Management and Budget 
     under section 3553 of title 44, United States Code;
       ``(D) the Director shall publish on a publicly available 
     website discovered hostnames that describe publicly 
     accessible agency websites, to the extent consistent with the 
     security of Federal information systems but with the 
     presumption of disclosure;
       ``(E) the Director may publish on a publicly available 
     website any analysis conducted and data collected relating to 
     compliance with Federal mandates and industry best practices, 
     to the extent consistent with the security of Federal 
     information systems but with the presumption of disclosure; 
     and
       ``(F) the Director shall--
       ``(i) collect information on the use of non-.gov internet 
     domain suffixes by agencies for their official online 
     services;
       ``(ii) collect information on the use of non-.gov internet 
     domain suffixes by State, local, Tribal, and territorial 
     governments; and
       ``(iii) publish the information collected under clause (i) 
     on a publicly available website to the extent consistent with 
     the security of the Federal information systems, but with the 
     presumption of disclosure.
       ``(3) National security coordination.--
       ``(A) In general.--In carrying out this subsection, the 
     Director shall inventory, collect, and publish hostnames and 
     services in a manner consistent with the protection of 
     national security information.
       ``(B) Limitation.--The Director may not inventory, collect, 
     or publish hostnames or services under this subsection if the 
     Director, in coordination with other heads of agencies, as 
     appropriate, determines that the collection or publication 
     would--
       ``(i) disrupt a law enforcement investigation;
       ``(ii) endanger national security or intelligence 
     activities;
       ``(iii) impede national defense activities or military 
     operations; or
       ``(iv) hamper security remediation actions.
       ``(4) Strategy.--Not later than 180 days after the date of 
     enactment of this section, the Director shall develop and 
     submit to the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Rules and Administration of the 
     Senate and the Committee on Homeland Security, the Committee 
     on Oversight and Reform, and the Committee on House 
     Administration of the House of Representatives a strategy to 
     utilize the information collected under this subsection for 
     countering malicious cyber activity.''.
       (2) Additional duties.--
       (A) Outreach strategy.--Not later than 1 year after the 
     date of enactment of this Act, the Director, in consultation 
     with the Administrator and entities representing State, 
     local, Tribal, or territorial governments, shall develop and 
     submit to the Committee on Homeland Security and Governmental 
     Affairs and the Committee on Rules and Administration of the 
     Senate and the Committee on Homeland Security, the Committee 
     on Oversight and Reform, and the Committee on House 
     Administration of the House of Representatives an outreach 
     strategy to local, Tribal, and territorial governments and 
     other publicly controlled entities as determined by the 
     Director to inform and support migration to the .gov internet 
     domain, which shall include--
       (i) stakeholder engagement plans; and
       (ii) information on how migrating information technology 
     systems to the .gov internet domain is beneficial to that 
     entity, including benefits relating to cybersecurity and the 
     supporting services offered by the Federal Government.
       (B) Reference guide.--Not later than 1 year after the date 
     of enactment of this Act, the Director, in consultation with 
     the Administrator and entities representing State, local, 
     Tribal, or territorial governments, shall develop and publish 
     on a publicly available website a reference guide for 
     migrating online services to the .gov internet domain, which 
     shall include--
       (i) process and technical information on how to carry out a 
     migration of common categories of online services, such as 
     web and email services;
       (ii) best practices for cybersecurity pertaining to 
     registration and operation of a .gov internet domain; and
       (iii) references to contract vehicles and other private 
     sector resources vetted by the Director that may assist in 
     performing the migration.
       (C) Security enhancement plan.--Not later than 1 year after 
     the date of enactment of this Act, the Director shall develop 
     and submit to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Rules and 
     Administration of the Senate and the Committee on Homeland 
     Security, the Committee on Oversight and Reform, and the 
     Committee on House Administration of the House of 
     Representatives a .gov internet domain security enhancement 
     strategy and implementation plan on how to improve the 
     cybersecurity benefits of the .gov internet domain during the 
     5-year period following the date of enactment of this Act, 
     which shall include--
       (i) a modernization plan for the information systems that 
     support operation of the .gov top-level internet domain, such 
     as the registrar portal, and how these information systems 
     will remain current with evolving security trends;
       (ii) a modernization plan for the structure of the .gov 
     program and any supporting contracts, and how the program and 
     contracts can remain flexible over time so as to take 
     advantage of emerging technology and cybersecurity 
     developments; and
       (iii) an outline of specific security enhancements the .gov 
     program intends to provide to users during that 5-year 
     period.
       (3) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Homeland Security Act of 2002 
     (Public Law 107-196; 116 Stat. 2135) is amended by inserting 
     after the item relating to section 2214 the following:

``Sec. 2215. Duties and authorities relating to .gov internet 
              domain.''.
       (c) Homeland Security Grants.--Section 2008(a) of the 
     Homeland Security Act of 2002 (6 U.S.C. 609(a)) is amended--
       (1) in paragraph (13), by striking ``and'' at the end;
       (2) by redesignating paragraph (14) as paragraph (15); and
       (3) by inserting after paragraph (13) the following:
       ``(14) migrating any online service (as defined in section 
     3 of the DOTGOV Online Trust in Government Act of 2020) to 
     the .gov internet domain; and''.

     SEC. 905. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act, and every 2 years thereafter for 4 years, the Director 
     shall submit a report to or conduct a detailed briefing for 
     the Committee on Homeland Security and Governmental Affairs 
     and the Committee on Rules and Administration of the Senate 
     and the Committee on Homeland Security, the Committee on 
     Oversight and Reform, and the Committee on House 
     Administration of the House of Representatives on the status 
     of--
       (1) the outreach strategy described in section 
     904(b)(2)(A);
       (2) the security enhancement strategy and implementation 
     plan described in section 904(b)(2)(C);
       (3) the inventory described in 2215(f) of the Homeland 
     Security Act of 2002, as added by section 904(b) of this Act;
       (4) the supporting services described in section 2215(c)(1) 
     of the Homeland Security Act of 2002, as added by section 
     904(b) of this Act; and
       (5) the development, assessment, and determination of the 
     amount of any fees imposed on new .gov internet domain 
     registrants or annual renewals of .gov internet domains in 
     accordance with section 2215(d) of the Homeland Security Act 
     of 2002, as added by section 904(b) of this Act.

     SEC. 906. RESEARCH AND DEVELOPMENT.

       Not later than 1 year after the date of enactment of this 
     Act, the Under Secretary for Science and Technology of the 
     Department shall conduct a study and submit to the Director a 
     report on mechanisms for improving the cybersecurity benefits 
     of the .gov internet domain, including--

[[Page H7619]]

       (1) how information systems support operation of the .gov 
     top-level internet domain, such as the registrar portal, and 
     how these information systems can remain current with 
     evolving security trends;
       (2) how the structure of the .gov internet domain program 
     can take advantage of emerging technology and cybersecurity 
     developments; and
       (3) additional mechanisms to improve the cybersecurity of 
     the .gov internet domain.

     SEC. 907. TRANSITION.

       (a) There shall be transferred to the Director the .gov 
     internet domain program, as operated by the General Services 
     Administration under title 41, Code of Federal Regulations, 
     on the date on which the Director begins operational 
     administration of the .gov internet domain program, in 
     accordance with subsection (c).
       (b) Not later than 30 days after the date of enactment of 
     this Act, the Director shall submit a plan for the 
     operational and contractual transition of the .gov internet 
     domain program to the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Rules and 
     Administration of the Senate and the Committee on Homeland 
     Security, the Committee on Oversight and Reform, and the 
     Committee on House Administration of the House of 
     Representatives.
       (c) Not later than 120 days after the date of enactment of 
     this Act, the Director shall begin operationally 
     administering the .gov internet domain program, and shall 
     publish on a publicly available website the requirements for 
     domain registrants as described in section 2215(b) of the 
     Homeland Security Act of 2002, as added by section 904(b) of 
     this Act.
       (d) On the date on which the Director begins operational 
     administration of the .gov internet domain program, in 
     accordance with subsection (c), the Administrator shall 
     rescind the requirements in part 102-173 of title 41, Code of 
     Federal Regulations.
       (e) During the 5-year period beginning on the date of 
     enactment of this Act, any fee charged to entities that are 
     not agencies for new .gov internet domain registrants or 
     annual renewals of .gov internet domains shall be not more 
     than the amount of the fee charged for such registration or 
     renewal as of October 1, 2019.

                   TITLE X--REAL ID MODERNIZATION ACT

     SEC. 1001. REAL ID MODERNIZATION.

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

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

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

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

       ``(B) the State certifies to the Department of Homeland 
     Security that its use of such electronic methods complies 
     with regulations issued by the Secretary.''; and
       (iv) in paragraph (4)(A), as redesignated, by striking 
     ``each document'' and inserting ``the information and 
     documentation''; and
       (E) in subsection (d)--
       (i) in paragraph (7), by striking ``document materials and 
     papers'' and inserting ``materials, records, and data'';
       (ii) in paragraph (8), by striking ``security clearance 
     requirements'' and inserting ``background checks''; and
       (iii) in paragraph (9), by striking ``fraudulent document 
     recognition'' and inserting ``fraud detection and 
     prevention''.
       (3) Repeal of grants to states.--The REAL ID Act of 2005 
     (division B of Public Law 109-13; 49 U.S.C. 30301 note) is 
     amended by striking section 204.
       (4) Notification of real id act of 2005 requirements.--The 
     REAL ID Act of 2005 (division B of Public Law 109-13; 49 
     U.S.C. 30301 note) is amended by adding at the end the 
     following:

     ``SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES.

       ``During the 15-month period beginning 90 days before the 
     date on which Federal agencies will no longer accept, for 
     official purposes, driver's licenses and identification cards 
     that do not comply with the requirements under section 202, 
     aircraft operators and third party reservation entities shall 
     notify passengers about the requirements and enforcement 
     deadlines under this Act.''.
       (c) Immediate Burden Reduction Measures.--Notwithstanding 
     any other provision of law (including regulations), beginning 
     on the date of the enactment of this Act, a State does not 
     need to require an applicant for a driver's license or 
     identification card to provide separate documentation of the 
     applicant's Social Security account number in order to comply 
     with the requirements of the REAL ID Act of 2005 (division B 
     of Public Law 109-13; 49 U.S.C. 30301 note).

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

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``Southwest Border Security 
     Technology Improvement Act of 2020''.

     SEC. 1102. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (B) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Department.--The term ``Department'' means the 
     Department of Homeland Security.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (4) Southwest border.--The term ``Southwest border'' means 
     the international land border between the United States and 
     Mexico, including the ports of entry along such border.

     SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND 
                   UPDATES.

       (a) Technology Needs Analysis.--Not later than 1 year after 
     the date of the enactment of this Act, the Secretary shall 
     submit, to the appropriate congressional committees, a 
     technology needs analysis for border security technology 
     along the Southwest border.
       (b) Contents.--The analysis required under subsection (a) 
     shall include an assessment of--
       (1) the technology needs and gaps along the Southwest 
     border--
       (A) to prevent terrorists and instruments of terror from 
     entering the United States;
       (B) to combat and reduce cross-border criminal activity, 
     including, but not limited to--
       (i) the transport of illegal goods, such as illicit drugs; 
     and
       (ii) human smuggling and human trafficking; and
       (C) to facilitate the flow of legal trade across the 
     Southwest border;
       (2) recent technological advancements in--
       (A) manned aircraft sensor, communication, and common 
     operating picture technology;
       (B) unmanned aerial systems and related technology, 
     including counter-unmanned aerial system technology;
       (C) surveillance technology, including--
       (i) mobile surveillance vehicles;
       (ii) associated electronics, including cameras, sensor 
     technology, and radar;
       (iii) tower-based surveillance technology;
       (iv) advanced unattended surveillance sensors; and
       (v) deployable, lighter-than-air, ground surveillance 
     equipment;
       (D) nonintrusive inspection technology, including non-X-ray 
     devices utilizing muon tomography and other advanced 
     detection technology;
       (E) tunnel detection technology; and
       (F) communications equipment, including--
       (i) radios;
       (ii) long-term evolution broadband; and
       (iii) miniature satellites;
       (3) any other technological advancements that the Secretary 
     determines to be critical to the Department's mission along 
     the Southwest border;
       (4) whether the use of the technological advances described 
     in paragraphs (2) and (3) will--

[[Page H7620]]

       (A) improve border security;
       (B) improve the capability of the Department to accomplish 
     its mission along the Southwest border;
       (C) reduce technology gaps along the Southwest border; and
       (D) enhance the safety of any officer or agent of the 
     Department or any other Federal agency;
       (5) the Department's ongoing border security technology 
     development efforts, including efforts by--
       (A) U.S. Customs and Border Protection;
       (B) the Science and Technology Directorate; and
       (C) the technology assessment office of any other 
     operational component;
       (6) the technology needs for improving border security, 
     such as--
       (A) information technology or other computer or computing 
     systems data capture;
       (B) biometrics;
       (C) cloud storage; and
       (D) intelligence data sharing capabilities among agencies 
     within the Department;
       (7) any other technological needs or factors, including 
     border security infrastructure, such as physical barriers or 
     dual-purpose infrastructure, that the Secretary determines 
     should be considered; and
       (8) currently deployed technology or new technology that 
     would improve the Department's ability--
       (A) to reasonably achieve operational control and 
     situational awareness along the Southwest border; and
       (B) to collect metrics for securing the border at and 
     between ports of entry, as required under subsections (b) and 
     (c) of section 1092 of division A of the National Defense 
     Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).
       (c) Updates.--
       (1) In general.--Not later than 2 years after the 
     submission of the analysis required under subsection (a), and 
     biannually thereafter for the following 4 years, the 
     Secretary shall submit an update to such analysis to the 
     appropriate congressional committees.
       (2) Contents.--Each update required under paragraph (1) 
     shall include a plan for utilizing the resources of the 
     Department to meet the border security technology needs and 
     gaps identified pursuant to subsection (b), including 
     developing or acquiring technologies not currently in use by 
     the Department that would allow the Department to bridge 
     existing border technology gaps along the Southwest border.
       (d) Items to Be Considered.--In compiling the technology 
     needs analysis and updates required under this section, the 
     Secretary shall consider and examine--
       (1) technology that is deployed and is sufficient for the 
     Department's use along the Southwest border;
       (2) technology that is deployed, but is insufficient for 
     the Department's use along the Southwest border; and
       (3) technology that is not deployed, but is necessary for 
     the Department's use along the Southwest border;
       (4) current formal departmental requirements documentation 
     examining current border security threats and challenges 
     faced by any component of the Department;
       (5) trends and forecasts regarding migration across the 
     Southwest border;
       (6) the impact on projected staffing and deployment needs 
     for the Department, including staffing needs that may be 
     fulfilled through the use of technology;
       (7) the needs and challenges faced by employees of the 
     Department who are deployed along the Southwest border;
       (8) the need to improve cooperation among Federal, State, 
     tribal, local, and Mexican law enforcement entities to 
     enhance security along the Southwest border;
       (9) the privacy implications of existing technology and the 
     acquisition and deployment of new technologies and supporting 
     infrastructure, with an emphasis on how privacy risks might 
     be mitigated through the use of technology, training, and 
     policy;
       (10) the impact of any ongoing public health emergency that 
     impacts Department operations along the Southwest border; and
       (11) the ability of, and the needs for, the Department to 
     assist with search and rescue efforts for individuals or 
     groups that may be in physical danger or in need of medical 
     assistance.
       (e) Classified Form.--To the extent possible, the Secretary 
     shall submit the technology needs analysis and updates 
     required under this section in unclassified form, but may 
     submit such documents, or portions of such documents, in 
     classified form if the Secretary determines that such action 
     is appropriate.

     DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

      TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

     SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

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

      TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

Sec. 101. Short title; table of contents.
Sec. 102. Safety management systems.
Sec. 103. Expert review of organization designation authorizations for 
              transport airplanes.
Sec. 104. Certification oversight staff.
Sec. 105. Disclosure of safety critical information.
Sec. 106. Limitation on delegation.
Sec. 107. Oversight of organization designation authorization unit 
              members.
Sec. 108. Integrated project teams.
Sec. 109. Oversight integrity briefing.
Sec. 110. Appeals of certification decisions.
Sec. 111. Employment restrictions.
Sec. 112. Professional development, skills enhancement, continuing 
              education and training.
Sec. 113. Voluntary safety reporting program.
Sec. 114. Compensation limitation.
Sec. 115. System safety assessments and other requirements.
Sec. 116. Flight crew alerting.
Sec. 117. Changed product rule.
Sec. 118. Whistleblower protections.
Sec. 119. Domestic and international pilot training.
Sec. 120. Nonconformity with approved type design.
Sec. 121. Implementation of recommendations.
Sec. 122. Oversight of FAA compliance program.
Sec. 123. Settlement agreement.
Sec. 124. Human factors education program.
Sec. 125. Best practices for organization designation authorizations.
Sec. 126. Human factors research.
Sec. 127. FAA Center of Excellence for automated systems and human 
              factors in aircraft.
Sec. 128. Pilot operational evaluations.
Sec. 129. Ensuring appropriate responsibility of aircraft certification 
              and flight standards performance objectives and metrics.
Sec. 130. Transport airplane risk assessment methodology.
Sec. 131. National air grant fellowship program.
Sec. 132. Emerging safety trends in aviation.
Sec. 133. FAA accountability enhancement.
Sec. 134. Authorization of appropriations for the advanced materials 
              center of excellence.
Sec. 135. Promoting Aviation Regulations for Technical Training.
Sec. 136. Independent study on type certification reform.
Sec. 137. Definitions.

     SEC. 102. SAFETY MANAGEMENT SYSTEMS.

       (a) Rulemaking Proceeding.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this title, the Administrator shall initiate a 
     rulemaking proceeding to require that manufacturers that hold 
     both a type certificate and a production certificate issued 
     pursuant to section 44704 of title 49, United States Code, 
     where the United States is the State of Design and State of 
     Manufacture, have in place a safety management system that is 
     consistent with the standards and recommended practices 
     established by ICAO and contained in annex 19 to the 
     Convention on International Civil Aviation (61 Stat. 1180), 
     for such systems.
       (2) Contents of regulations.--The regulations issued under 
     paragraph (1) shall, at a minimum--
       (A) ensure safety management systems are consistent with, 
     and complementary to, existing safety management systems;
       (B) include provisions that would permit operational 
     feedback from operators and pilots qualified on the 
     manufacturers' equipment to ensure that the operational 
     assumptions made during design and certification remain 
     valid;
       (C) include provisions for the Administrator's approval of, 
     and regular oversight of adherence to, a certificate holder's 
     safety management system adopted pursuant to such 
     regulations; and
       (D) require such certificate holder to adopt, not later 
     than 4 years after the date of enactment of this title, a 
     safety management system.
       (b) Final Rule Deadline.--Not later than 24 months after 
     initiating the rulemaking under subsection (a), the 
     Administrator shall issue a final rule.
       (c) Surveillance and Audit Requirement.--The final rule 
     issued pursuant to subsection (b) shall include a requirement 
     for the Administrator to implement a systems approach to 
     risk-based surveillance by defining and planning inspections, 
     audits, and monitoring activities on a continuous basis, to 
     ensure that design and production approval holders of 
     aviation products meet and continue to meet safety management 
     system requirements under the rule.
       (d) Engagement With ICAO.--The Administrator shall engage 
     with ICAO and foreign civil aviation authorities to help 
     encourage the adoption of safety management systems for 
     manufacturers on a global basis, consistent with ICAO 
     standards.
       (e) Safety Reporting Program.--The regulations issued under 
     subsection (a) shall require a safety management system to 
     include a confidential employee reporting system through 
     which employees can report hazards, issues, concerns, 
     occurrences, and incidents. A reporting system under this 
     subsection shall include provisions for reporting, without 
     concern for reprisal for reporting, of such items by 
     employees in a manner consistent with confidential employee 
     reporting systems administered by the Administrator. Such 
     regulations shall also require a certificate holder described 
     in subsection (a) to submit a summary of reports received 
     under this subsection to the Administrator at least twice per 
     year.
       (f) Code of Ethics.--The regulations issued under 
     subsection (a) shall require a safety management system to 
     include establishment of a code of ethics applicable to all 
     appropriate employees of a certificate holder, including 
     officers (as determined by the FAA), which clarifies that 
     safety is the organization's highest priority.
       (g) Protection of Safety Information.--Section 44735(a) of 
     title 49, United States Code, is amended--
       (1) by striking ``title 5 if the report'' and inserting the 
     following: ``title 5--
       ``(1) if the report'';
       (2) by striking the period at the end and inserting ``; 
     or''; and
       (3) by adding at the end the following:

[[Page H7621]]

       ``(2) if the report, data, or other information is 
     submitted to the Federal Aviation Administration pursuant to 
     section 102(e) of the Aircraft Certification, Safety, and 
     Accountability Act.''.

     SEC. 103. EXPERT REVIEW OF ORGANIZATION DESIGNATION 
                   AUTHORIZATIONS FOR TRANSPORT AIRPLANES.

       (a) Expert Review.--
       (1) Establishment.--Not later than 30 days after the date 
     of enactment of this title, the Administrator shall convene 
     an expert panel (in this section referred to as the ``review 
     panel'') to review and make findings and recommendations on 
     the matters listed in paragraph (2).
       (2) Contents of review.--With respect to each holder of an 
     organization designation authorization for the design and 
     production of transport airplanes, the review panel shall 
     review the following:
       (A) The extent to which the holder's safety management 
     processes promote or foster a safety culture consistent with 
     the principles of the International Civil Aviation 
     Organization Safety Management Manual, Fourth Edition 
     (International Civil Aviation Organization Doc. No. 9859) or 
     any similar successor document.
       (B) The effectiveness of measures instituted by the holder 
     to instill, among employees and contractors of such holder 
     that support organization designation authorization 
     functions, a commitment to safety above all other priorities.
       (C) The holder's capability, based on the holder's 
     organizational structures, requirements applicable to 
     officers and employees of such holder, and safety culture, of 
     making reasonable and appropriate decisions regarding 
     functions delegated to the holder pursuant to the 
     organization designation authorization.
       (D) Any other matter determined by the Administrator for 
     which inclusion in the review would be consistent with the 
     public interest in aviation safety.
       (3) Composition of review panel.--The review panel shall 
     consist of--
       (A) 2 representatives of the National Aeronautics and Space 
     Administration;
       (B) 2 employees of the Administration's Aircraft 
     Certification Service with experience conducting oversight of 
     persons not involved in the design or production of transport 
     airplanes;
       (C) 1 employee of the Administration's Aircraft 
     Certification Service with experience conducting oversight of 
     persons involved in the design or production of transport 
     airplanes;
       (D) 2 employees of the Administration's Flight Standards 
     Service with experience in oversight of safety management 
     systems;
       (E) 1 appropriately qualified representative, designated by 
     the applicable represented organization, of each of--
       (i) a labor union representing airline pilots involved in 
     both passenger and all-cargo operations;
       (ii) a labor union, not selected under clause (i), 
     representing airline pilots with expertise in the matters 
     described in paragraph (2);
       (iii) a labor union representing employees engaged in the 
     assembly of transport airplanes;
       (iv) the certified bargaining representative under section 
     7111 of title 5, United States Code, for field engineers 
     engaged in the audit or oversight of an organization 
     designation authorization within the Aircraft Certification 
     Service of the Administration;
       (v) the certified bargaining representative for safety 
     inspectors of the Administration; and
       (vi) a labor union representing employees engaged in the 
     design of transport airplanes;
       (F) 2 independent experts who have not served as a 
     political appointee in the Administration and--
       (i) who hold either a baccalaureate or postgraduate degree 
     in the field of aerospace engineering or a related 
     discipline; and
       (ii) who have a minimum of 20 years of relevant applied 
     experience;
       (G) 4 air carrier employees whose job responsibilities 
     include administration of a safety management system;
       (H) 4 individuals representing 4 different holders of 
     organization designation authorizations, with preference 
     given to individuals representing holders of organization 
     designation authorizations for the design or production of 
     aircraft other than transport airplanes or for the design or 
     production of aircraft engines, propellers, or appliances; 
     and
       (I) 1 individual holding a law degree and who has expertise 
     in the legal duties of a holder of an organization 
     designation authorization and the interaction with the FAA, 
     except that such individual may not, within the 10-year 
     period preceding the individual's appointment, have been 
     employed by, or provided legal services to, the holder of an 
     organization designation authorization referenced in 
     paragraph (2).
       (4) Recommendations.--The review panel shall make 
     recommendations to the Administrator regarding suggested 
     actions to address any deficiencies found after review of the 
     matters listed in paragraph (2).
       (5) Report.--
       (A) Submission.--Not later than 270 days after the date of 
     the first meeting of the review panel, the review panel shall 
     transmit to the Administrator and the congressional 
     committees of jurisdiction a report containing the findings 
     and recommendations of the review panel regarding the matters 
     listed in paragraph (2), except that such report shall 
     include--
       (i) only such findings endorsed by 10 or more individual 
     members of the review panel; and
       (ii) only such recommendations described in paragraph (4) 
     endorsed by 18 or more of the individual members of the 
     review panel.
       (B) Dissenting views.--In submitting the report required 
     under this paragraph, the review panel shall append to such 
     report the dissenting views of any individual member or group 
     of members of the review panel regarding the findings or 
     recommendations of the review panel.
       (C) Publication.--Not later than 5 days after receiving the 
     report under subparagraph (A), the Administrator shall 
     publish such report, including any dissenting views appended 
     to the report, on the website of the Administration.
       (D) Termination.--The review panel shall terminate upon 
     submission of the report under subparagraph (A).
       (6) Administrative provisions.--
       (A) Access to information.--The review panel shall have 
     authority to perform the following actions if a majority of 
     the total number of review panel members consider each action 
     necessary and appropriate:
       (i) Entering onto the premises of a holder of an 
     organization designation authorization referenced in 
     paragraph (2) for access to and inspection of records or 
     other purposes.
       (ii) Notwithstanding any other provision of law, accessing 
     and inspecting unredacted records directly necessary for the 
     completion of the panel's work under this section that are in 
     the possession of such holder of an organization designation 
     authorization or the Administration.
       (iii) Interviewing employees of such holder of an 
     organization designation authorization or the Administration 
     as necessary for the panel to complete its work.
       (B) Disclosure of financial interests.--Each individual 
     serving on the review panel shall disclose to the 
     Administrator any financial interest held by such individual, 
     or a spouse or dependent of such individual, in a business 
     enterprise engaged in the design or production of transport 
     airplanes, aircraft engines designed for transport airplanes, 
     or major systems, components, or parts thereof.
       (C) Protection of proprietary information; trade secrets.--
       (i) Marking.--The custodian of a record accessed under 
     subparagraph (A) may mark such record as proprietary or 
     containing a trade secret. A marking under this subparagraph 
     shall not be dispositive with respect to whether such record 
     contains any information subject to legal protections from 
     public disclosure.
       (ii) Nondisclosure for non-federal government 
     participants.--

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

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

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

       (b) FAA Authority.--
       (1) In general.--After reviewing the findings of the review 
     panel submitted under subsection (a)(5), the Administrator 
     may limit, suspend, or terminate an organization designation 
     authorization subject to review under this section.
       (2) Reinstatement.--The Administrator may condition 
     reinstatement of a limited, suspended, or terminated 
     organization designation authorization on the holder's 
     implementation of any corrective actions determined necessary 
     by the Administrator.
       (3) Rule of construction.--Nothing in this subsection shall 
     be construed to limit the Administrator's authority to take 
     any action with

[[Page H7622]]

     respect to an organization designation authorization, 
     including limitation, suspension, or termination of such 
     authorization.
       (c) Organization Designation Authorization Process 
     Improvements.--Not later than 1 year after receipt of the 
     recommendations submitted under subsection (a)(5), the 
     Administrator shall report to the congressional committees of 
     jurisdiction on--
       (1) whether the Administrator has concluded that such 
     holder is able to safely and reliably perform all delegated 
     functions in accordance with all applicable provisions of 
     chapter 447 of title 49, United States Code, title 14, Code 
     of Federal Regulations, and other orders or requirements of 
     the Administrator, and, if not, the Administrator shall 
     outline--
       (A) the risk mitigations or other corrective actions, 
     including the implementation timelines of such mitigations or 
     actions, the Administrator has established for or required of 
     such holder as prerequisites for a conclusion by the 
     Administrator under this paragraph; or
       (B) the status of any ongoing investigatory actions;
       (2) the status of implementation of each of the 
     recommendations of the review panel, if any, with which the 
     Administrator concurs;
       (3) the status of procedures under which the Administrator 
     will conduct focused oversight of such holder's processes for 
     performing delegated functions with respect to the design of 
     new and derivative transport airplanes and the production of 
     such airplanes; and
       (4) the Administrator's efforts, to the maximum extent 
     practicable and subject to appropriations, to increase the 
     number of engineers, inspectors, and other qualified 
     technical experts, as necessary to fulfill the requirements 
     of this section, in--
       (A) each office of the Administration responsible for 
     dedicated oversight of such holder; and
       (B) the System Oversight Division, or any successor 
     division, of the Aircraft Certification Service.
       (d) Non-concurrence With Recommendations.--Not later than 6 
     months after receipt of the recommendations submitted under 
     subsection (a)(5), with respect to each recommendation of the 
     review panel with which the Administrator does not concur, if 
     any, the Administrator shall publish on the website of the 
     Administration and submit to the congressional committees of 
     jurisdiction a detailed explanation as to why, including if 
     the Administrator believes implementation of such 
     recommendation would not improve aviation safety.

     SEC. 104. CERTIFICATION OVERSIGHT STAFF.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $27,000,000 for each 
     of fiscal years 2021 through 2023 to recruit and retain 
     engineers, safety inspectors, human factors specialists, 
     chief scientific and technical advisors, software and 
     cybersecurity experts, and other qualified technical experts 
     who perform duties related to the certification of aircraft, 
     aircraft engines, propellers, appliances, and new and 
     emerging technologies, and perform other regulatory 
     activities.
       (b) In General.--Not later than 60 days after the date of 
     enactment of this title, and without duplicating any recently 
     completed or ongoing reviews, the Administrator shall 
     initiate a review of--
       (1) the inspectors, human factors specialists, flight test 
     pilots, engineers, managers, and executives in the FAA who 
     are responsible for the certification of the design, 
     manufacture, and operation of aircraft intended for air 
     transportation for purposes of determining whether the FAA 
     has the expertise and capability to adequately understand the 
     safety implications of, and oversee the adoption of, new or 
     innovative technologies, materials, and procedures used by 
     designers and manufacturers of such aircraft; and
       (2) the Senior Technical Experts Program to determine 
     whether the program should be enhanced or expanded to bolster 
     and support the programs of the FAA's Office of Aviation 
     Safety, with particular focus placed on the Aircraft 
     Certification Service and the Flight Standards Service (or 
     any successor organizations), particularly with respect to 
     understanding the safety implications of new or innovative 
     technologies, materials, aircraft operations, and procedures 
     used by designers and manufacturers of such aircraft.
       (c) Deadline for Completion.--Not later than 270 days after 
     the date of enactment of this title, the Administrator shall 
     complete the review required by subsection (b).
       (d) Briefing.--Not later than 30 days after the completion 
     of the review required by subsection (b), the Administrator 
     shall brief the congressional committees of jurisdiction on 
     the results of the review. The briefing shall include the 
     following:
       (1) An analysis of the Administration's ability to hire 
     safety inspectors, human factors specialists, flight test 
     pilots, engineers, managers, executives, scientists, and 
     technical advisors, who have the requisite expertise to 
     oversee new developments in aerospace design and 
     manufacturing.
       (2) A plan for the Administration to improve the overall 
     expertise of the FAA's personnel who are responsible for the 
     oversight of the design and manufacture of aircraft.
       (e) Consultation Requirement.--In completing the review 
     under subsection (b), the Administrator shall consult and 
     collaborate with appropriate stakeholders, including labor 
     organizations (including those representing aviation workers, 
     FAA aviation safety engineers, human factors specialists, 
     flight test pilots, and FAA aviation safety inspectors), and 
     aerospace manufacturers.
       (f) Recruitment and Retention.--
       (1) Bargaining units.--Not later than 30 days after the 
     date of enactment of this title, the Administrator shall 
     begin collaboration with the exclusive bargaining 
     representatives of engineers, safety inspectors, systems 
     safety specialists, and other qualified technical experts 
     certified under section 7111 of title 5, United States Code, 
     to improve recruitment of employees for, and to implement 
     retention incentives for employees holding, positions with 
     respect to the certification of aircraft, aircraft engines, 
     propellers, and appliances. If the Administrator and such 
     representatives are unable to reach an agreement 
     collaboratively, the Administrator and such representatives 
     shall negotiate in accordance with section 40122(a) of title 
     49, United States Code, to improve recruitment and implement 
     retention incentives for employees described in subsection 
     (a) who are covered under a collective bargaining agreement.
       (2) Other employees.--Notwithstanding any other provision 
     of law, not later than 30 days after the date of enactment of 
     this title, the Administrator shall initiate actions to 
     improve recruitment of, and implement retention incentives 
     for, any individual described in subsection (a) who is not 
     covered under a collective bargaining agreement.
       (3) Rule of construction.--Nothing in this section shall be 
     construed to vest in any exclusive bargaining representative 
     any management right of the Administrator, as such right 
     existed on the day before the date of enactment of this 
     title.
       (4) Availability of appropriations.--Any action taken by 
     the Administrator under this section shall be subject to the 
     availability of appropriations authorized under subsection 
     (a).

     SEC. 105. DISCLOSURE OF SAFETY CRITICAL INFORMATION.

       (a) Disclosure.--Section 44704 of title 49, United States 
     Code, is amended by striking subsection (e) and inserting the 
     following:
       ``(e) Disclosure of Safety Critical Information.--
       ``(1) In general.--Notwithstanding a delegation described 
     in section 44702(d), the Administrator shall require an 
     applicant for, or holder of, a type certificate for a 
     transport category airplane covered under part 25 of title 
     14, Code of Federal Regulations, to submit safety critical 
     information with respect to such airplane to the 
     Administrator in such form, manner, or time as the 
     Administrator may require. Such safety critical information 
     shall include--
       ``(A) any design and operational details, intended 
     functions, and failure modes of any system that, without 
     being commanded by the flight crew, commands the operation of 
     any safety critical function or feature required for control 
     of an airplane during flight or that otherwise changes the 
     flight path or airspeed of an airplane;
       ``(B) the design and operational details, intended 
     functions, failure modes, and mode annunciations of autopilot 
     and autothrottle systems, if applicable;
       ``(C) any failure or operating condition that the applicant 
     or holder anticipates or has concluded would result in an 
     outcome with a severity level of hazardous or catastrophic, 
     as defined in the appropriate Administration airworthiness 
     requirements and guidance applicable to transport category 
     airplanes defining risk severity;
       ``(D) any adverse handling quality that fails to meet the 
     requirements of applicable regulations without the addition 
     of a software system to augment the flight controls of the 
     airplane to produce compliant handling qualities; and
       ``(E) a system safety assessment with respect to a system 
     described in subparagraph (A) or (B) or with respect to any 
     component or other system for which failure or erroneous 
     operation of such component or system could result in an 
     outcome with a severity level of hazardous or catastrophic, 
     as defined in the appropriate Administration airworthiness 
     requirements and guidance applicable to transport category 
     airplanes defining risk severity.
       ``(2) Ongoing communications.--
       ``(A) Newly discovered information.--The Administrator 
     shall require that an applicant for, or holder of, a type 
     certificate disclose to the Administrator, in such form, 
     manner, or time as the Administrator may require, any newly 
     discovered information or design or analysis change that 
     would materially alter any submission to the Administrator 
     under paragraph (1).
       ``(B) System development changes.--The Administrator shall 
     establish multiple milestones throughout the certification 
     process at which a proposed airplane system will be assessed 
     to determine whether any change to such system during the 
     certification process is such that such system should be 
     considered novel or unusual by the Administrator.
       ``(3) Flight manuals.--The Administrator shall ensure that 
     an airplane flight manual and a flight crew operating manual 
     (as appropriate or applicable) for an airplane contains a 
     description of the operation of a system described in 
     paragraph (1)(A) and flight crew procedures for responding to 
     a failure or aberrant operation of such system.
       ``(4) Civil penalty.--
       ``(A) Amount.--Notwithstanding section 46301, an applicant 
     for, or holder of, a type certificate that knowingly violates 
     paragraph (1), (2), or (3) of this subsection shall be liable 
     to the Administrator for a civil penalty of not more than 
     $1,000,000 for each violation.
       ``(B) Penalty considerations.--In determining the amount of 
     a civil penalty under subparagraph (A), the Administrator 
     shall consider--
       ``(i) the nature, circumstances, extent, and gravity of the 
     violation, including the length of time that such safety 
     critical information was known but not disclosed; and
       ``(ii) with respect to the violator, the degree of 
     culpability, any history of prior violations, and the size of 
     the business concern.

[[Page H7623]]

       ``(5) Revocation and civil penalty for individuals.--
       ``(A) In general.--The Administrator shall revoke any 
     airline transport pilot certificate issued under section 
     44703 held by any individual who, while acting on behalf of 
     an applicant for, or holder of, a type certificate, knowingly 
     makes a false statement with respect to any of the matters 
     described in subparagraphs (A) through (E) of paragraph (1).
       ``(B) Authority to impose civil penalty.--The Administrator 
     may impose a civil penalty under section 46301 for each 
     violation described in subparagraph (A).
       ``(6) Rule of construction.--Nothing in this subsection 
     shall be construed to affect or otherwise inhibit the 
     authority of the Administrator to deny an application by an 
     applicant for a type certificate or to revoke or amend a type 
     certificate of a holder of such certificate.
       ``(7) Definition of type certificate.--In this subsection, 
     the term `type certificate'--
       ``(A) means a type certificate issued under subsection (a) 
     or an amendment to such certificate; and
       ``(B) does not include a supplemental type certificate 
     issued under subsection (b).''.
       (b) Civil Penalty Authority.--Section 44704 of title 49, 
     United States Code, is further amended by adding at the end 
     the following:
       ``(f) Hearing Requirement.--The Administrator may find that 
     a person has violated subsection (a)(6) or paragraph (1), 
     (2), or (3) of subsection (e) and impose a civil penalty 
     under the applicable subsection only after notice and an 
     opportunity for a hearing. The Administrator shall provide a 
     person--
       ``(1) written notice of the violation and the amount of 
     penalty; and
       ``(2) the opportunity for a hearing under subpart G of part 
     13 of title 14, Code of Federal Regulations.''.
       (c) Required Submission of Outline of System Changes at the 
     Beginning of the Certification Process.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this title, the Administrator shall initiate a 
     process to revise procedures to require an applicant for an 
     amendment to a type certificate for a transport category 
     aircraft to disclose to the Administrator, in a single 
     document submitted at the beginning of the process for 
     amending such certificate, all new systems and intended 
     changes to existing systems then known to such applicant. The 
     Administrator shall finalize the revision of such procedures 
     not later than 18 months after initiating such process.
       (2) Application.--Compliance with the procedures revised 
     pursuant to paragraph (1) shall not preclude an applicant 
     from making additional changes to aircraft systems as the 
     design and application process proceeds.
       (3) Savings provision.--Nothing in this subsection may be 
     construed to limit the obligations of an applicant for an 
     amended type certificate for a transport category airplane 
     under section 44704(e) of title 49, United States Code, as 
     amended in this title.

     SEC. 106. LIMITATION ON DELEGATION.

       Section 44702(d) of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(4)(A) With respect to a critical system design feature 
     of a transport category airplane, the Administrator may not 
     delegate any finding of compliance with applicable 
     airworthiness standards or review of any system safety 
     assessment required for the issuance of a certificate, 
     including a type certificate, or amended or supplemental type 
     certificate, under section 44704, until the Administrator has 
     reviewed and validated any underlying assumptions related to 
     human factors.
       ``(B) The requirement under subparagraph (A) shall not 
     apply if the Administrator determines the matter involved is 
     a routine task.
       ``(C) For purposes of subparagraph (A), the term critical 
     system design feature includes any feature (including a novel 
     or unusual design feature) for which the failure of such 
     feature, either independently or in combination with other 
     failures, could result in catastrophic or hazardous failure 
     conditions, as those terms are defined by the 
     Administrator.''.

     SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION 
                   UNIT MEMBERS.

       (a) In General.--Chapter 447 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 44741. Approval of organization designation 
       authorization unit members

       ``(a) In General.--Beginning January 1, 2022, each 
     individual who is selected on or after such date to become an 
     ODA unit member by an ODA holder engaged in the design of an 
     aircraft, aircraft engine, propeller, or appliance and 
     performs an authorized function pursuant to a delegation by 
     the Administrator of the Federal Aviation Administration 
     under section 44702(d)--
       ``(1) shall be--
       ``(A) an employee, a contractor, or a consultant of the ODA 
     holder; or
       ``(B) the employee of a supplier of the ODA holder; and
       ``(2) may not become a member of such unit unless approved 
     by the Administrator pursuant to this section.
       ``(b) Process and Timeline.--
       ``(1) In general.--The Administrator shall maintain an 
     efficient process for the review and approval of an 
     individual to become an ODA unit member under this section.
       ``(2) Process.--An ODA holder described in subsection (a) 
     may submit to the Administrator an application for an 
     individual to be approved to become an ODA unit member under 
     this section. The application shall be submitted in such form 
     and manner as the Administrator determines appropriate. The 
     Administrator shall require an ODA holder to submit with such 
     an application information sufficient to demonstrate an 
     individual's qualifications under subsection (c).
       ``(3) Timeline.--The Administrator shall approve or reject 
     an individual that is selected by an ODA holder to become an 
     ODA unit member under this section not later than 30 days 
     after the receipt of an application by an ODA holder.
       ``(4) Documentation of approval.--Upon approval of an 
     individual to become an ODA unit member under this section, 
     the Administrator shall provide such individual a letter 
     confirming that such individual has been approved by the 
     Administrator under this section to be an ODA unit member.
       ``(5) Reapplication.--An ODA holder may submit an 
     application under this subsection for an individual to become 
     an ODA unit member under this section regardless of whether 
     an application for such individual was previously rejected by 
     the Administrator.
       ``(c) Qualifications.--
       ``(1) In general.--The Administrator shall issue minimum 
     qualifications for an individual to become an ODA unit member 
     under this section. In issuing such qualifications, the 
     Administrator shall consider existing qualifications for 
     Administration employees with similar duties and whether such 
     individual--
       ``(A) is technically proficient and qualified to perform 
     the authorized functions sought;
       ``(B) has no recent record of serious enforcement action, 
     as determined by the Administrator, taken by the 
     Administrator with respect to any certificate, approval, or 
     authorization held by such individual;
       ``(C) is of good moral character (as such qualification is 
     applied to an applicant for an airline transport pilot 
     certificate issued under section 44703);
       ``(D) possesses the knowledge of applicable design or 
     production requirements in this chapter and in title 14, Code 
     of Federal Regulations, necessary for performance of the 
     authorized functions sought;
       ``(E) possesses a high degree of knowledge of applicable 
     design or production principles, system safety principles, or 
     safety risk management processes appropriate for the 
     authorized functions sought; and
       ``(F) meets such testing, examination, training, or other 
     qualification standards as the Administrator determines are 
     necessary to ensure the individual is competent and capable 
     of performing the authorized functions sought.
       ``(2) Previously rejected application.--In reviewing an 
     application for an individual to become an ODA unit member 
     under this section, if an application for such individual was 
     previously rejected, the Administrator shall ensure that the 
     reasons for the prior rejection have been resolved or 
     mitigated to the Administrator's satisfaction before making a 
     determination on the individual's reapplication.
       ``(d) Rescission of Approval.--The Administrator may 
     rescind an approval of an individual as an ODA unit member 
     granted pursuant to this section at any time and for any 
     reason the Administrator considers appropriate. The 
     Administrator shall develop procedures to provide for notice 
     and opportunity to appeal rescission decisions made by the 
     Administrator. Such decisions by the Administrator are not 
     subject to judicial review.
       ``(e) Conditional Selections.--
       ``(1) In general.--Subject to the requirements of this 
     subsection, the Administrator may authorize an ODA holder to 
     conditionally designate an individual to perform the 
     functions of an ODA unit member for a period of not more than 
     30 days (beginning on the date an application for such 
     individual is submitted under subsection (b)(2)).
       ``(2) Required determination.--The Administrator may not 
     make an authorization under paragraph (1) unless--
       ``(A) the ODA holder has instituted, to the Administrator's 
     satisfaction, systems and processes to ensure the integrity 
     and reliability of determinations by conditionally-designated 
     ODA unit members; and
       ``(B) the ODA holder has instituted a safety management 
     system in accordance with regulations issued by the 
     Administrator under section 102 of the Aircraft 
     Certification, Safety, and Accountability Act.
       ``(3) Final determination.--The Administrator shall approve 
     or reject the application for an individual designated under 
     paragraph (1) in accordance with the timeline and procedures 
     described in subsection (b).
       ``(4) Rejection and review.--If the Administrator rejects 
     the application submitted under subsection (b)(2) for an 
     individual conditionally designated under paragraph (1), the 
     Administrator shall review and approve or disapprove any 
     decision pursuant to any authorized function performed by 
     such individual during the period such individual served as a 
     conditional designee.
       ``(5) Prohibitions.--Notwithstanding the requirements of 
     paragraph (2), the Administrator may prohibit an ODA holder 
     from making conditional designations of individuals as ODA 
     unit members under this subsection at any time for any reason 
     the Administrator considers appropriate. The Administrator 
     may prohibit any conditionally designated individual from 
     performing an authorized function at any time for any reason 
     the Administrator considers appropriate.
       ``(f) Records and Briefings.--
       ``(1) In general.--Beginning on the date described in 
     subsection (a), an ODA holder shall maintain, for a period to 
     be determined by the Administrator and with proper 
     protections to ensure the security of sensitive and personal 
     information--
       ``(A) any data, applications, records, or manuals required 
     by the ODA holder's approved

[[Page H7624]]

     procedures manual, as determined by the Administrator;
       ``(B) the names, responsibilities, qualifications, and 
     example signature of each member of the ODA unit who performs 
     an authorized function pursuant to a delegation by the 
     Administrator under section 44702(d);
       ``(C) training records for ODA unit members and ODA 
     administrators; and
       ``(D) any other data, applications, records, or manuals 
     determined appropriate by the Administrator.
       ``(2) Congressional briefing.--Not later than 90 days after 
     the date of enactment of this section, and every 90 days 
     thereafter through September 30, 2023, the Administrator 
     shall provide a briefing to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate on the implementation and effects of this section, 
     including--
       ``(A) the Administration's performance in completing 
     reviews of individuals and approving or denying such 
     individuals within the timeline required under subsection 
     (b)(3);
       ``(B) for any individual rejected by the Administrator 
     under subsection (b) during the preceding 90-day period, the 
     reasoning or basis for such rejection; and
       ``(C) any resource, staffing, or other challenges within 
     the Administration associated with implementation of this 
     section.
       ``(g) Special Review of Qualifications.--
       ``(1) In general.--Not later than 30 days after the 
     issuance of minimum qualifications under subsection (c), the 
     Administrator shall initiate a review of the qualifications 
     of each individual who on the date on which such minimum 
     qualifications are issued is an ODA unit member of a holder 
     of a type certificate for a transport airplane to ensure such 
     individual meets the minimum qualifications issued by the 
     Administrator under subsection (c).
       ``(2) Unqualified individual.--For any individual who is 
     determined by the Administrator not to meet such minimum 
     qualifications pursuant to the review conducted under 
     paragraph (1), the Administrator--
       ``(A) shall determine whether the lack of qualification may 
     be remedied and, if so, provide such individual with an 
     action plan or schedule for such individual to meet such 
     qualifications; or
       ``(B) may, if the Administrator determines the lack of 
     qualification may not be remedied, take appropriate action, 
     including prohibiting such individual from performing an 
     authorized function.
       ``(3) Deadline.--The Administrator shall complete the 
     review required under paragraph (1) not later than 18 months 
     after the date on which such review was initiated.
       ``(4) Savings clause.--An individual approved to become an 
     ODA unit member of a holder of a type certificate for a 
     transport airplane under subsection (a) shall not be subject 
     to the review under this subsection.
       ``(h) Prohibition.--The Administrator may not authorize an 
     organization or ODA holder to approve an individual selected 
     by an ODA holder to become an ODA unit member under this 
     section.
       ``(i) Definitions.--
       ``(1) General applicability.--The definitions contained in 
     section 44736(c) shall apply to this section.
       ``(2) Transport airplane.--The term `transport airplane' 
     means a transport category airplane designed for operation by 
     an air carrier or foreign air carrier type-certificated with 
     a passenger seating capacity of 30 or more or an all-cargo or 
     combi derivative of such an airplane.
       ``(j) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $3,000,000 for 
     each of fiscal years 2021 through 2023.

     ``Sec. 44742. Interference with the duties of organization 
       designation authorization unit members

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall continuously seek to eliminate 
     or minimize interference by an ODA holder that affects the 
     performance of authorized functions by ODA unit members.
       ``(b) Prohibition.--
       ``(1) In general.--It shall be unlawful for any individual 
     who is a supervisory employee of an ODA holder that 
     manufactures a transport category airplane to commit an act 
     of interference with an ODA unit member's performance of 
     authorized functions.
       ``(2) Civil penalty.--
       ``(A) Individuals.--An individual shall be subject to a 
     civil penalty under section 46301(a)(1) for each violation 
     under paragraph (1).
       ``(B) Savings clause.--Nothing in this paragraph shall be 
     construed as limiting or constricting any other authority of 
     the Administrator to pursue an enforcement action against an 
     individual or organization for violation of applicable 
     Federal laws or regulations of the Administration.
       ``(c) Reporting.--
       ``(1) Reports to oda holder.--An ODA unit member of an ODA 
     holder that manufactures a transport category airplane shall 
     promptly report any instances of interference to the office 
     of the ODA holder that is designated to receive such reports.
       ``(2) Reports to the faa.--
       ``(A) In general.--The ODA holder office described in 
     paragraph (1) shall investigate reports and submit to the 
     office of the Administration designated by the Administrator 
     to accept and review such reports any instances of 
     interference reported under paragraph (1).
       ``(B) Contents.--The Administrator shall prescribe 
     parameters for the submission of reports to the 
     Administration under this paragraph, including the manner, 
     time, and form of submission. Such report shall include the 
     results of any investigation conducted by the ODA holder in 
     response to a report of interference, a description of any 
     action taken by the ODA holder as a result of the report of 
     interference, and any other information or potentially 
     mitigating factors the ODA holder or the Administrator deems 
     appropriate.
       ``(d) Definitions.--
       ``(1) General applicability.--The definitions contained in 
     section 44736(c) shall apply to this section.
       ``(2) Interference.--In this section, the term 
     `interference' means--
       ``(A) blatant or egregious statements or behavior, such as 
     harassment, beratement, or threats, that a reasonable person 
     would conclude was intended to improperly influence or 
     prejudice an ODA unit member's performance of his or her 
     duties; or
       ``(B) the presence of non-ODA unit duties or activities 
     that conflict with the performance of authorized functions by 
     ODA unit members.''.
       (b) ODA Program Enhancements.--
       (1) In general.--Section 44736 of title 49, United States 
     Code, is amended by adding at the end the following:
       ``(d) Audits.--
       ``(1) In general.--The Administrator shall perform a 
     periodic audit of each ODA unit and its procedures.
       ``(2) Duration.--An audit required under paragraph (1) 
     shall be performed with respect to an ODA holder once every 7 
     years (or more frequently as determined appropriate by the 
     Administrator).
       ``(3) Records.--The ODA holder shall maintain, for a period 
     to be determined by the Administrator, a record of--
       ``(A) each audit conducted under this subsection; and
       ``(B) any corrective actions resulting from each such 
     audit.
       ``(e) Federal Aviation Safety Advisors.--
       ``(1) In general.--In the case of an ODA holder, the 
     Administrator shall assign FAA aviation safety personnel with 
     appropriate expertise to be advisors to the ODA unit members 
     that are authorized to make findings of compliance on behalf 
     of the Administrator. The advisors shall--
       ``(A) communicate with assigned unit members on an ongoing 
     basis to ensure that the assigned unit members are 
     knowledgeable of relevant FAA policies and acceptable methods 
     of compliance; and
       ``(B) monitor the performance of the assigned unit members 
     to ensure consistency with such policies.
       ``(2) Applicability.--Paragraph (1) shall only apply to an 
     ODA holder that is--
       ``(A) a manufacturer that holds both a type and a 
     production certificate for--
       ``(i) transport category airplanes with a maximum takeoff 
     gross weight greater than 150,000 pounds; or
       ``(ii) airplanes produced and delivered to operators 
     operating under part 121 of title 14, Code of Federal 
     Regulations, for air carrier service under such part 121; or
       ``(B) a manufacturer of engines for an airplane described 
     in subparagraph (A).
       ``(f) Communication With the FAA.--Neither the 
     Administrator nor an ODA holder may prohibit--
       ``(1) an ODA unit member from communicating with, or 
     seeking the advice of, the Administrator or FAA staff; or
       ``(2) the Administrator or FAA staff from communicating 
     with an ODA unit member.''.
       (2) Report.--Not later than September 30, 2022, the 
     Administrator shall submit to the congressional committees of 
     jurisdiction a report on the implementation of subsections 
     (d) and (e) of section 44736 of title 49, United States Code, 
     as added by subsection (b).
       (c) Additional ODA Program Enhancements.--Section 44736 of 
     title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A) by striking the semicolon and 
     inserting ``; and'';
       (ii) by striking subparagraph (B);
       (iii) in subparagraph (C) by striking ``; and'' and 
     inserting a period;
       (iv) by striking subparagraph (D); and
       (v) by redesignating subparagraph (C) as subparagraph (B); 
     and
       (B) in paragraph (3) by striking ``shall--'' and all that 
     follows through the end and inserting ``shall conduct regular 
     oversight activities by inspecting the ODA holder's delegated 
     functions and taking action based on validated inspection 
     findings.''; and
       (2) in subsection (b)(3)--
       (A) in subparagraph (A)--
       (i) by striking clause (i) and redesignating clauses (ii), 
     (iii), and (iv) as clauses (i), (ii), and (iii), 
     respectively;
       (ii) in clause (i) as redesignated by inserting ``, as 
     appropriate,'' after ``require'';
       (iii) in clause (ii) as redesignated by inserting ``, as 
     appropriate,'' after ``require''; and
       (iv) in clause (iii) as redesignated by inserting ``when 
     appropriate,'' before ``make a reassessment'';
       (B) by striking subparagraph (B);
       (C) in subparagraph (F) by inserting ``, when 
     appropriate,'' before ``approve''; and
       (D) by redesignating subparagraphs (C), (D), (E), and (F) 
     as subparagraphs (B), (C), (D), and (E), respectively.
       (d) Technical Corrections.--
       (1) Section 44737.--Chapter 447 of title 49, United States 
     Code, is further amended by redesignating the second section 
     44737 (as added by section 581 of the FAA Reauthorization Act 
     of 2018) as section 44740.
       (2) Analysis.--The analysis for chapter 447 of title 49, 
     United States Code, is amended--

[[Page H7625]]

       (A) by striking the item relating to the second section 
     44737 (as added by section 581 of the FAA Reauthorization Act 
     of 2018); and
       (B) by inserting after the item relating to section 44739 
     the following new items:

``44740. Special rule for certain aircraft operations.
``44741. Approval of organization designation authorization unit 
              members.
``44742. Interference with the duties of organization designation 
              authorization unit members.''.
       (3) Special rule for certain aircraft operations.--Section 
     44740 of title 49, United States Code (as redesignated by 
     paragraph (1)), is amended--
       (A) in the heading by striking the period at the end;
       (B) in subsection (a)(1) by striking ``chapter'' and 
     inserting ``section'';
       (C) in subsection (b)(1) by striking ``(1)'' the second 
     time it appears; and
       (D) in subsection (c)(2) by adding a period at the end.

     SEC. 108. INTEGRATED PROJECT TEAMS.

       (a) In General.--Upon receipt of an application for a type 
     certificate for a transport category airplane, the 
     Administrator shall convene an interdisciplinary integrated 
     project team responsible for coordinating review and 
     providing advice and recommendations, as appropriate, to the 
     Administrator on such application.
       (b) Membership.--In convening an interdisciplinary 
     integrated project team under subsection (a), the 
     Administrator shall appoint employees of the Administration 
     or other Federal agencies, such as the Air Force, Volpe 
     National Transportation Systems Center, or the National 
     Aeronautics and Space Administration (with the concurrence of 
     the head of such other Federal agency), with specialized 
     expertise and experience in the fields of engineering, 
     systems design, human factors, and pilot training, including, 
     at a minimum--
       (1) not less than 1 designee of the Associate Administrator 
     for Aviation Safety whose duty station is in the 
     Administration's headquarters;
       (2) representatives of the Aircraft Certification Service 
     of the Administration;
       (3) representatives of the Flight Standards Service of the 
     Administration;
       (4) experts in the fields of human factors, aerodynamics, 
     flight controls, software, and systems design; and
       (5) any other subject matter expert whom the Administrator 
     determines appropriate.
       (c) Availability.--In order to carry out its duties with 
     respect to the areas specified in subsection (d), a project 
     team shall be available to the Administrator, upon request, 
     at any time during the certification process.
       (d) Duties.--A project team shall advise the Administrator 
     and make written recommendations to the Administrator, to be 
     retained in the certification project file, including 
     recommendations for any plans, analyses, assessments, and 
     reports required to support and document the certification 
     project, in the following areas associated with a new 
     technology or novel design:
       (1) Initial review of design proposals proposed by the 
     applicant and the establishment of the certification basis.
       (2) Identification of new technology, novel design, or 
     safety critical design features or systems that are 
     potentially catastrophic, either alone or in combination with 
     another failure.
       (3) Determination of compliance findings, system safety 
     assessments, and safety critical functions the Administration 
     should retain in terms of new technology, novel design, or 
     safety critical design features or systems.
       (4) Evaluation of the Administration's expertise or 
     experience necessary to support the project.
       (5) Review and evaluation of an applicant's request for 
     exceptions or exemptions from compliance with airworthiness 
     standards codified in title 14 of the Code of Federal 
     Regulations, as in effect on the date of application for the 
     change.
       (6) Conduct of design reviews, procedure evaluations, and 
     training evaluations.
       (7) Review of the applicant's final design documentation 
     and other data to evaluate compliance with all relevant 
     Administration regulations.
       (e) Documentation of FAA Response.--The Administrator shall 
     provide a written response to each recommendation of each 
     project team and shall retain such response in the 
     certification project file.
       (f) Report.--Not later than 1 year after the date of 
     enactment of this section, and annually thereafter through 
     fiscal year 2023, the Administrator shall submit to the 
     congressional committees of jurisdiction a report on the 
     establishment of each integrated project team in accordance 
     with this section during such fiscal year, including the role 
     and composition of each such project team.

     SEC. 109. OVERSIGHT INTEGRITY BRIEFING.

       Not later than 1 year after the date of enactment of this 
     title, the Administrator shall brief the congressional 
     committees of jurisdiction on specific measures the 
     Administrator has taken to reinforce that each employee of 
     the Administration responsible for overseeing an organization 
     designation authorization with respect to the certification 
     of aircraft perform such responsibility in accordance with 
     safety management principles and in the public interest of 
     aviation safety.

     SEC. 110. APPEALS OF CERTIFICATION DECISIONS.

       (a) In General.--Section 44704, of title 49, United States 
     Code, as amended by section 105(b), is further amended by 
     adding at the end the following:
       ``(g) Certification Dispute Resolution.--
       ``(1) Dispute resolution process and appeals.--
       ``(A) In general.--Not later than 60 days after the date of 
     enactment of this subsection, the Administrator shall issue 
     an order establishing--
       ``(i) an effective, timely, and milestone-based issue 
     resolution process for type certification activities under 
     subsection (a); and
       ``(ii) a process by which a decision, finding of compliance 
     or noncompliance, or other act of the Administration, with 
     respect to compliance with design requirements, may be 
     appealed by a covered person directly involved with the 
     certification activities in dispute on the basis that such 
     decision, finding, or act is erroneous or inconsistent with 
     this chapter, regulations, or guidance materials promulgated 
     by the Administrator, or other requirements.
       ``(B) Escalation.--The order issued under subparagraph (A) 
     shall provide processes for--
       ``(i) resolution of technical issues at pre-established 
     stages of the certification process, as agreed to by the 
     Administrator and the type certificate applicant;
       ``(ii) automatic elevation to appropriate management 
     personnel of the Administration and the type certificate 
     applicant of any major certification process milestone that 
     is not completed or resolved within a specific period of time 
     agreed to by the Administrator and the type certificate 
     applicant;
       ``(iii) resolution of a major certification process 
     milestone elevated pursuant to clause (ii) within a specific 
     period of time agreed to by the Administrator and the type 
     certificate applicant;
       ``(iv) initial review by appropriate Administration 
     employees of any appeal described in subparagraph (A)(ii); 
     and
       ``(v) subsequent review of any further appeal by 
     appropriate management personnel of the Administration and 
     the Associate Administrator for Aviation Safety.
       ``(C) Disposition.--
       ``(i) Written decision.--The Associate Administrator for 
     Aviation Safety shall issue a written decision that states 
     the grounds for the decision of the Associate Administrator 
     on--

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

       ``(ii) Report to congress.--Not later than December 31 of 
     each calendar year through calendar year 2025, the 
     Administrator shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Commerce, Science, and Transportation of the 
     Senate a report summarizing each appeal resolved under this 
     subsection.
       ``(D) Final review.--
       ``(i) In general.--A written decision of the Associate 
     Administrator under subparagraph (C) may be appealed to the 
     Administrator for a final review and determination.
       ``(ii) Decline to review.--The Administrator may decline to 
     review an appeal initiated pursuant to clause (i).
       ``(iii) Judicial review.--No decision under this paragraph 
     (including a decision to decline to review an appeal) shall 
     be subject to judicial review.
       ``(2) Prohibited contacts.--
       ``(A) Prohibition generally.--During the course of an 
     appeal under this subsection, no covered official may engage 
     in an ex parte communication (as defined in section 551 of 
     title 5) with an individual representing or acting on behalf 
     of an applicant for, or holder of, a certificate under this 
     section in relation to such appeal unless such communication 
     is disclosed pursuant to subparagraph (B).
       ``(B) Disclosure.--If, during the course of an appeal under 
     this subsection, a covered official engages in, receives, or 
     is otherwise made aware of an ex parte communication, the 
     covered official shall disclose such communication in the 
     public record at the time of the issuance of the written 
     decision under paragraph (1)(C), including the time and date 
     of the communication, subject of communication, and all 
     persons engaged in such communication.
       ``(3) Definitions.--In this subsection:
       ``(A) Covered person.--The term `covered person' means 
     either--
       ``(i) an employee of the Administration whose 
     responsibilities relate to the certification of aircraft, 
     engines, propellers, or appliances; or
       ``(ii) an applicant for, or holder of, a type certificate 
     or amended type certificate issued under this section.
       ``(B) Covered official.--The term `covered official' means 
     the following officials:
       ``(i) The Executive Director or any Deputy Director of the 
     Aircraft Certification Service.
       ``(ii) The Deputy Executive Director for Regulatory 
     Operations of the Aircraft Certification Service.
       ``(iii) The Director or Deputy Director of the Compliance 
     and Airworthiness Division of the Aircraft Certification 
     Service.
       ``(iv) The Director or Deputy Director of the System 
     Oversight Division of the Aircraft Certification Service.
       ``(v) The Director or Deputy Director of the Policy and 
     Innovation Division of the Aircraft Certification Service.
       ``(vi) The Executive Director or any Deputy Executive 
     Director of the Flight Standards Service.
       ``(vii) The Associate Administrator or Deputy Associate 
     Administrator for Aviation Safety.
       ``(viii) The Deputy Administrator of the Federal Aviation 
     Administration.
       ``(ix) The Administrator of the Federal Aviation 
     Administration.
       ``(x) Any similarly situated or successor FAA management 
     position to those described in clauses (i) through (ix), as 
     determined by the Administrator.
       ``(C) Major certification process milestone.--The term 
     `major certification process milestone' means a milestone 
     related to the type

[[Page H7626]]

     certification basis, type certification plan, type inspection 
     authorization, issue paper, or other major type certification 
     activity agreed to by the Administrator and the type 
     certificate applicant.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall apply to the communication of a good-faith complaint by 
     any individual alleging--
       ``(A) gross misconduct;
       ``(B) a violation of title 18; or
       ``(C) a violation of any of the provisions of part 2635 or 
     6001 of title 5, Code of Federal Regulations.''.
       (b) Conforming Amendment.--Section 44704(a) of title 49, 
     United States Code, is amended by striking paragraph (6).

     SEC. 111. EMPLOYMENT RESTRICTIONS.

       (a) Disqualification Based on Prior Employment.--An 
     employee of the Administration with supervisory 
     responsibility may not direct, conduct, or otherwise 
     participate in oversight of a holder of a certificate issued 
     under section 44704 of title 49, United States Code, that 
     previously employed such employee in the preceding 1-year 
     period.
       (b) Post-employment Restrictions.--Section 44711(d) of 
     title 49, United States Code, is amended to read as follows:
       ``(d) Post-employment Restrictions for Inspectors and 
     Engineers.--
       ``(1) Prohibition.--A person holding a certificate issued 
     under part 21 or 119 of title 14, Code of Federal 
     Regulations, may not knowingly employ, or make a contractual 
     arrangement that permits, an individual to act as an agent or 
     representative of such person in any matter before the 
     Administration if the individual, in the preceding 2-year 
     period--
       ``(A) served as, or was responsible for oversight of--
       ``(i) a flight standards inspector of the Administration; 
     or
       ``(ii) an employee of the Administration with 
     responsibility for certification functions with respect to a 
     holder of a certificate issued under section 44704(a); and
       ``(B) had responsibility to inspect, or oversee inspection 
     of, the operations of such person.
       ``(2) Written and oral communications.--For purposes of 
     paragraph (1), an individual shall be considered to be acting 
     as an agent or representative of a certificate holder in a 
     matter before the Administration if the individual makes any 
     written or oral communication on behalf of the certificate 
     holder to the Administration (or any of its officers or 
     employees) in connection with a particular matter, whether or 
     not involving a specific party and without regard to whether 
     the individual has participated in, or had responsibility 
     for, the particular matter while serving as an individual 
     covered under paragraph (1).''.

     SEC. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT, 
                   CONTINUING EDUCATION AND TRAINING.

       (a) In General.--Chapter 445 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 44519. Certification personnel continuing education 
       and training

       ``(a) In General.--The Administrator of the Federal 
     Aviation Administration shall--
       ``(1) develop a program for regular recurrent training of 
     engineers, inspectors, and other subject-matter experts 
     employed in the Aircraft Certification Service of the 
     Administration in accordance with the training strategy 
     developed pursuant to section 231 of the FAA Reauthorization 
     Act of 2018 (Public Law 115-254; 132 Stat. 3256);
       ``(2) to the maximum extent practicable, implement 
     measures, including assignments in multiple divisions of the 
     Aircraft Certification Service, to ensure that such engineers 
     and other subject-matter experts in the Aircraft 
     Certification Service have access to diverse professional 
     opportunities that expand their knowledge and skills;
       ``(3) develop a program to provide continuing education and 
     training to Administration personnel who hold positions 
     involving aircraft certification and flight standards, 
     including human factors specialists, engineers, flight test 
     pilots, inspectors, and, as determined appropriate by the 
     Administrator, industry personnel who may be responsible for 
     compliance activities including designees; and
       ``(4) in consultation with outside experts, develop--
       ``(A) an education and training curriculum on current and 
     new aircraft technologies, human factors, project management, 
     and the roles and responsibilities associated with oversight 
     of designees; and
       ``(B) recommended practices for compliance with 
     Administration regulations.
       ``(b) Implementation.--The Administrator shall, to the 
     maximum extent practicable, ensure that actions taken 
     pursuant to subsection (a)--
       ``(1) permit engineers, inspectors, and other subject 
     matter experts to continue developing knowledge of, and 
     expertise in, new and emerging technologies in systems 
     design, flight controls, principles of aviation safety, 
     system oversight, and certification project management;
       ``(2) minimize the likelihood of an individual developing 
     an inappropriate bias toward a designer or manufacturer of 
     aircraft, aircraft engines, propellers, or appliances;
       ``(3) are consistent with any applicable collective 
     bargaining agreements; and
       ``(4) account for gaps in knowledge and skills (as 
     identified by the Administrator in consultation with the 
     exclusive bargaining representatives certified under section 
     7111 of title 5, United States Code) between Administration 
     employees and private-sector employees for each group of 
     Administration employees covered under this section.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator, $10,000,000 for each 
     of fiscal years 2021 through 2023 to carry out this section. 
     Amounts appropriated under the preceding sentence for any 
     fiscal year shall remain available until expended.''.
       (b) Table of Contents.--The analysis for chapter 445 of 
     title 49, United States Code, is amended by inserting after 
     the item relating to section 44518 the following:

``44519. Certification personnel continuing education and training.''.

     SEC. 113. VOLUNTARY SAFETY REPORTING PROGRAM.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall establish a 
     voluntary safety reporting program for engineers, safety 
     inspectors, systems safety specialists, and other subject 
     matter experts certified under section 7111 of title 5, 
     United States Code, to confidentially report instances where 
     they have identified safety concerns during certification or 
     oversight processes.
       (b) Safety Reporting Program Requirements.--In establishing 
     the safety reporting program under subsection (a), the 
     Administrator shall ensure the following:
       (1) The FAA maintains a reporting culture that encourages 
     human factors specialists, engineers, flight test pilots, 
     inspectors, and other appropriate FAA employees to 
     voluntarily report safety concerns.
       (2) The safety reporting program is non-punitive, 
     confidential, and protects employees from adverse employment 
     actions related to their participation in the program.
       (3) The safety reporting program identifies exclusionary 
     criteria for the program.
       (4) Collaborative development of the program with 
     bargaining representatives of employees under section 7111 of 
     title 5, United States Code, who are employed in the Aircraft 
     Certification Service or Flight Standards Service of the 
     Administration (or, if unable to reach an agreement 
     collaboratively, the Administrator shall negotiate with the 
     representatives in accordance with section 40122(a) of title 
     49, United States Code, regarding the development of the 
     program).
       (5) Full and collaborative participation in the program by 
     the bargaining representatives of employees described in 
     paragraph (4).
       (6) The Administrator thoroughly reviews safety reports to 
     determine whether there is a safety issue, including a 
     hazard, defect, noncompliance, nonconformance, or process 
     error.
       (7) The Administrator thoroughly reviews safety reports to 
     determine whether any aircraft certification process 
     contributed to the safety concern being raised.
       (8) The creation of a corrective action process in order to 
     address safety issues that are identified through the 
     program.
       (c) Outcomes.--Results of safety report reviews under this 
     section may be used to--
       (1) improve--
       (A) safety systems, hazard control, and risk reduction;
       (B) certification systems;
       (C) FAA oversight;
       (D) compliance and conformance; and
       (E) any other matter determined necessary by the 
     Administrator; and
       (2) implement lessons learned.
       (d) Report Filing.--The Administrator shall establish 
     requirements for when in the certification process reports 
     may be filed to--
       (1) ensure that identified issues can be addressed in a 
     timely manner; and
       (2) foster open dialogue between applicants and FAA 
     employees throughout the certification process.
       (e) Integration With Other Safety Reporting Programs.--The 
     Administrator shall implement the safety reporting program 
     established under subsection (a) and the reporting 
     requirements established pursuant to subsection (d) in a 
     manner that is consistent with other voluntary safety 
     reporting programs administered by the Administrator.
       (f) Report to Congress.--Not later than 2 years after the 
     date of enactment of this title, and annually thereafter 
     through fiscal year 2023, the Administrator shall submit to 
     the congressional committees of jurisdiction a report on the 
     effectiveness of the safety reporting program established 
     under subsection (a).

     SEC. 114. COMPENSATION LIMITATION.

       Section 106(l) of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(7) Prohibition on certain performance-based 
     incentives.--No employee of the Administration shall be given 
     an award, financial incentive, or other compensation, as a 
     result of actions to meet performance goals related to 
     meeting or exceeding schedules, quotas, or deadlines for 
     certificates issued under section 44704.''.

     SEC. 115. SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this title, the Administrator shall issue such 
     regulations as are necessary to amend part 25 of title 14, 
     Code of Federal Regulations, and any associated advisory 
     circular, guidance, or policy of the Administration, in 
     accordance with this section.
       (b) System Safety Assessments and Other Requirements.--In 
     developing regulations under subsection (a), the 
     Administrator shall--
       (1) require an applicant for an amended type certificate 
     for a transport airplane to--
       (A) perform a system safety assessment with respect to each 
     proposed design change that the Administrator determines is 
     significant, with such assessment considering the airplane-
     level effects of individual errors, malfunctions, or failures 
     and realistic pilot response times to such errors, 
     malfunctions, or failures;
       (B) update such assessment to account for each subsequent 
     proposed design change that the Administrator determines is 
     significant;

[[Page H7627]]

       (C) provide appropriate employees of the Administration 
     with the data and assumptions underlying each assessment and 
     amended assessment; and
       (D) provide for document traceability and clarity of 
     explanations for changes to aircraft type designs and system 
     safety assessment certification documents; and
       (2) work with other civil aviation authorities representing 
     states of design to ensure such regulations remain harmonized 
     internationally.
       (c) Guidance.--Guidance or an advisory circular issued 
     under subsection (a) shall, at minimum--
       (1) emphasize the importance of clear documentation of the 
     technical details and failure modes and effects of a design 
     change described in subsection (b)(1); and
       (2) ensure appropriate review of any change that results in 
     a functional hazard assessment classification of major or 
     greater, as such term is defined in FAA Advisory Circular 
     25.1309-1A (or any successor or replacement document).
       (d) FAA Review.--Appropriate employees of the Aircraft 
     Certification Service and the Flight Standards Service of the 
     Administration shall review each system safety assessment 
     required under subsection (b)(1)(A), updated assessment 
     required under subsection (b)(1)(B), and supporting data and 
     assumptions required under subsection (b)(1)(C), to ensure 
     that each such assessment sufficiently addresses the 
     considerations listed in subsection (b)(1)(A).

     SEC. 116. FLIGHT CREW ALERTING.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall implement 
     National Transportation Safety Board recommendations A-19-11 
     and A-19-12 (as contained in the safety recommendation report 
     adopted on September 9, 2019).
       (b) Prohibition.--Beginning on the date that is 2 years 
     after the date of enactment of this title, the Administrator 
     may not issue a type certificate for a transport category 
     aircraft unless--
       (1) in the case of a transport airplane, such airplane 
     incorporates a flight crew alerting system that, at a 
     minimum, displays and differentiates among warnings, 
     cautions, and advisories, and includes functions to assist 
     the flight crew in prioritizing corrective actions and 
     responding to systems failures; or
       (2) in the case of a transport category aircraft other than 
     a transport airplane, the type certificate applicant provides 
     a means acceptable to the Administrator to assist the flight 
     crew in prioritizing corrective actions and responding to 
     systems failures (including by cockpit or flight manual 
     procedures).
       (c) Existing Airplane Designs.--It is the sense of Congress 
     that the FAA shall ensure that any system safety assessment 
     with respect to the Boeing 737-7, 737-8, 737-9, and 737-10 
     airplanes, as described in National Transportation Safety 
     Board recommendation A-19-10, is conducted in accordance with 
     such recommendation.

     SEC. 117. CHANGED PRODUCT RULE.

       (a) Review and Reevaluation of Amended Type Certificates.--
       (1) International leadership.--The Administrator shall 
     exercise leadership in the creation of international policies 
     and standards relating to the issuance of amended type 
     certificates within the Certification Management Team.
       (2) Reevaluation of amended type certificates.--In carrying 
     out this subsection, the Administrator shall--
       (A) encourage Certification Management Team members to 
     examine and address any relevant covered recommendations (as 
     defined in section 121(c)) relating to the issuance of 
     amended type certificates;
       (B) reevaluate existing assumptions and practices inherent 
     in the amended type certificate process and assess whether 
     such assumptions and practices are valid; and
       (C) ensure, to the greatest extent practicable, that 
     Federal regulations relating to the issuance of amended type 
     certificates are harmonized with the regulations of other 
     international states of design.
       (b) Amended Type Certificate Report and Rulemaking.--
       (1) Briefings.--Not later than 12 months after the date of 
     enactment of this title, and annually thereafter through 
     fiscal year 2023, the Administrator shall brief the 
     congressional committees of jurisdiction on the work and 
     status of the development of such recommendations by the 
     Certification Management Team.
       (2) Initiation of action.--Not later than 2 years after the 
     date of enactment of this title, the Administrator shall take 
     action to revise and improve the process of issuing amended 
     type certificates in accordance with this section. Such 
     action shall include, at minimum--
       (A) initiation of a rulemaking proceeding; and
       (B) development or revision of guidance and training 
     materials.
       (3) Contents.--In taking actions required under paragraph 
     (2), the Administrator shall do the following:
       (A) Ensure that proposed changes to an aircraft are 
     evaluated from an integrated whole aircraft system 
     perspective that examines the integration of proposed changes 
     with existing systems and associated impacts.
       (B) Define key terms used for the changed product process 
     under sections 21.19 and 21.101 of title 14, Code of Federal 
     Regulations.
       (C) Consider--
       (i) the findings and work of the Certification Management 
     Team and other similar international harmonization efforts;
       (ii) any relevant covered recommendations (as defined in 
     section 121(c)); and
       (iii) whether a fixed time beyond which a type certificate 
     may not be amended would improve aviation safety.
       (D) Establish the extent to which the following design 
     characteristics should preclude the issuance of an amended 
     type certificate:
       (i) A new or revised flight control system.
       (ii) Any substantial changes to aerodynamic stability 
     resulting from a physical change that may require a new or 
     modified software system or control law in order to produce 
     positive and acceptable stability and handling qualities.
       (iii) A flight control system or augmented software to 
     maintain aerodynamic stability in any portion of the flight 
     envelope that was not required for a previously certified 
     derivative.
       (iv) A change in structural components (other than a 
     stretch or shrink of the fuselage) that results in a change 
     in structural load paths or the magnitude of structural loads 
     attributed to flight maneuvers or cabin pressurization.
       (v) A novel or unusual system, component, or other feature 
     whose failure would present a hazardous or catastrophic risk.
       (E) Develop objective criteria for helping to determine 
     what constitutes a substantial change and a significant 
     change.
       (F) Implement mandatory aircraft-level reviews throughout 
     the certification process to validate the certification basis 
     and assumptions.
       (G) Require maintenance of relevant records of agreements 
     between the FAA and an applicant that affect certification 
     documentation and deliverables.
       (H) Ensure appropriate documentation of any exception or 
     exemption from airworthiness requirements codified in title 
     14 of the Code of Federal Regulations, as in effect on the 
     date of application for the change.
       (4) Guidance materials.--The Administrator shall consider 
     the following when developing orders and regulatory guidance, 
     including advisory circulars, where appropriate:
       (A) Early FAA involvement and feedback paths in the 
     aircraft certification process to ensure the FAA is aware of 
     changes to design assumptions and product design impacting a 
     changed product assessment.
       (B) Presentation to the FAA of new technology, novel 
     design, or safety critical features or systems, initially and 
     throughout the certification process, when development and 
     certification prompt design or compliance method revision.
       (C) Examples of key terms used for the changed product 
     process under sections 21.19 and 21.101 of title 14, Code of 
     Federal Regulations.
       (D) Type certificate data sheet improvements to accurately 
     state which regulations and amendment level the aircraft 
     complies to and when compliance is limited to a subset of the 
     aircraft.
       (E) Policies to guide applicants on proper visibility, 
     clarity, and consistency of key design and compliance 
     information that is submitted for certification, particularly 
     with new design features.
       (F) The creation, validation, and implementation of 
     analytical tools appropriate for the analysis of complex 
     system for the FAA and applicants.
       (G) Early coordination processes with the FAA for the 
     functional hazard assessments validation and preliminary 
     system safety assessments review.
       (5) Training materials.--The Administrator shall--
       (A) develop training materials for establishing the 
     certification basis for changed aeronautical products 
     pursuant to section 21.101 of title 14, Code of Federal 
     Regulations, applications for a new type certificate pursuant 
     to section 21.19 of such title, and the regulatory guidance 
     developed as a result of the rulemaking conducted pursuant to 
     paragraph (2); and
       (B) procedures for disseminating such materials to 
     implementing personnel of the FAA, designees, and applicants.
       (6) Certification management team defined.--In this 
     section, the term ``Certification Management Team'' means the 
     team framework under which the FAA, the European Aviation 
     Safety Agency, the Transport Canada Civil Aviation, and the 
     National Civil Aviation Agency of Brazil, manage the 
     technical, policy, certification, manufacturing, export, and 
     continued airworthiness issues common among the 4 
     authorities.
       (7) Deadline.--The Administrator shall finalize the actions 
     initiated under paragraph (2) not later than 3 years after 
     the date of enactment of this title.
       (c) International Leadership.--The Administrator shall 
     exercise leadership within the ICAO and among other civil 
     aviation regulators representing states of aircraft design to 
     advocate for the adoption of an amended changed product rule 
     on a global basis, consistent with ICAO standards.

     SEC. 118. WHISTLEBLOWER PROTECTIONS.

       Section 42121 of title 49, United States Code, is amended--
       (1) by striking subsection (a) and inserting the following:
       ``(a) Prohibited Discrimination.--A holder of a certificate 
     under section 44704 or 44705 of this title, or a contractor, 
     subcontractor, or supplier of such holder, may not discharge 
     an employee or otherwise discriminate against an employee 
     with respect to compensation, terms, conditions, or 
     privileges of employment because the employee (or any person 
     acting pursuant to a request of the employee)--
       ``(1) provided, caused to be provided, or is about to 
     provide (with any knowledge of the employer) or cause to be 
     provided to the employer or Federal Government information 
     relating to any violation or alleged violation of any order, 
     regulation, or standard of the Federal Aviation 
     Administration or any other provision of Federal law relating 
     to aviation safety under this subtitle or any other law of 
     the United States;
       ``(2) has filed, caused to be filed, or is about to file 
     (with any knowledge of the employer) or

[[Page H7628]]

     cause to be filed a proceeding relating to any violation or 
     alleged violation of any order, regulation, or standard of 
     the Federal Aviation Administration or any other provision of 
     Federal law relating to aviation safety under this subtitle 
     or any other law of the United States;
       ``(3) testified or is about to testify in such a 
     proceeding; or
       ``(4) assisted or participated or is about to assist or 
     participate in such a proceeding.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) Nonapplicability to Deliberate Violations.--
     Subsection (a) shall not apply with respect to an employee of 
     a holder of a certificate issued under section 44704 or 
     44705, or a contractor or subcontractor thereof, who, acting 
     without direction from such certificate-holder, contractor, 
     or subcontractor (or such person's agent), deliberately 
     causes a violation of any requirement relating to aviation 
     safety under this subtitle or any other law of the United 
     States.''; and
       (3) by striking subsection (e) and inserting the following:
       ``(e) Contractor Defined.--In this section, the term 
     `contractor' means--
       ``(1) a person that performs safety-sensitive functions by 
     contract for an air carrier or commercial operator; or
       ``(2) a person that performs safety-sensitive functions 
     related to the design or production of an aircraft, aircraft 
     engine, propeller, appliance, or component thereof by 
     contract for a holder of a certificate issued under section 
     44704.''.

     SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.

       (a) In General.--Chapter 447 of title 49, United States 
     Code, as amended by section 107, is further amended by adding 
     at the end the following:

     ``Sec. 44743. Pilot training requirements

       ``(a) In General.--
       ``(1) Administrator's determination.--In establishing any 
     pilot training requirements with respect to a new transport 
     airplane, the Administrator of the Federal Aviation 
     Administration shall independently review any proposal by the 
     manufacturer of such airplane with respect to the scope, 
     format, or minimum level of training required for operation 
     of such airplane.
       ``(2) Assurances and marketing representations.--Before the 
     Administrator has established applicable training 
     requirements, an applicant for a new or amended type 
     certificate for an airplane described in paragraph (1) may 
     not, with respect to the scope, format, or magnitude of pilot 
     training for such airplane--
       ``(A) make any assurance or other contractual commitment, 
     whether verbal or in writing, to a potential purchaser of 
     such airplane unless a clear and conspicuous disclaimer (as 
     defined by the Administrator) is included regarding the 
     status of training required for operation of such airplane; 
     or
       ``(B) provide financial incentives (including rebates) to a 
     potential purchaser of such airplane regarding the scope, 
     format, or magnitude of pilot training for such airplane.
       ``(b) Pilot Response Time.--Beginning on the day after the 
     date on which regulations are issued under section 119(c)(6) 
     of the Aircraft Certification, Safety, and Accountability 
     Act, the Administrator may not issue a new or amended type 
     certificate for an airplane described in subsection (a) 
     unless the applicant for such certificate has demonstrated to 
     the Administrator that the applicant has accounted for 
     realistic assumptions regarding the time for pilot responses 
     to non-normal conditions in designing the systems and 
     instrumentation of such airplane. Such assumptions shall--
       ``(1) be based on test data, analysis, or other technical 
     validation methods; and
       ``(2) account for generally accepted scientific consensus 
     among experts in human factors regarding realistic pilot 
     response time.
       ``(c) Definition.--In this section, the term `transport 
     airplane' means a transport category airplane designed for 
     operation by an air carrier or foreign air carrier type-
     certificated with a passenger seating capacity of 30 or more 
     or an all-cargo or combi derivative of such an airplane.''.
       (b) Conforming Amendment.--The analysis for chapter 447 of 
     title 49, United States Code, is further amended by adding at 
     the end the following:

``44743. Pilot training requirements.''.
       (c) Expert Safety Review.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this title, the Administrator shall initiate an 
     expert safety review of assumptions relied upon by the 
     Administration and manufacturers of transport category 
     aircraft in the design and certification of such aircraft.
       (2) Contents.--The expert safety review required under 
     paragraph (1) shall include--
       (A) a review of Administration regulations, guidance, and 
     directives related to pilot response assumptions relied upon 
     by the FAA and manufacturers of transport category aircraft 
     in the design and certification of such aircraft, and human 
     factors and human system integration, particularly those 
     related to pilot and aircraft interfaces;
       (B) a focused review of the assumptions relied on regarding 
     the time for pilot responses to non-normal conditions in 
     designing such aircraft's systems and instrumentation, 
     including responses to safety-significant failure conditions 
     and failure scenarios that trigger multiple, and possibly 
     conflicting, warnings and alerts;
       (C) a review of human factors assumptions with applicable 
     operational data, human factors research and the input of 
     human factors experts and FAA operational data, and as 
     appropriate, recommendations for modifications to existing 
     assumptions;
       (D) a review of revisions made to the airman certification 
     standards for certificates over the last 4 years, including 
     any possible effects on pilot competency in basic manual 
     flying skills;
       (E) consideration of the global nature of the aviation 
     marketplace, varying levels of pilot competency, and 
     differences in pilot training programs worldwide;
       (F) a process for aviation stakeholders, including pilots, 
     airlines, inspectors, engineers, test pilots, human factors 
     experts, and other aviation safety experts, to provide and 
     discuss any observations, feedback, and best practices;
       (G) a review of processes currently in place to ensure that 
     when carrying out the certification of a new aircraft type, 
     or an amended type, the cumulative effects that new 
     technologies, and the interaction between new technologies 
     and unchanged systems for an amended type certificate, may 
     have on pilot interactions with aircraft systems are properly 
     assessed through system safety assessments or otherwise; and
       (H) a review of processes currently in place to account for 
     any necessary adjustments to system safety assessments, pilot 
     procedures and training requirements, or design requirements 
     when there are changes to the assumptions relied upon by the 
     Administration and manufacturers of transport category 
     aircraft in the design and certification of such aircraft.
       (3) Report and recommendations.--Not later than 30 days 
     after the conclusion of the expert safety review pursuant to 
     paragraph (1), the Administrator shall submit to the 
     congressional committees of jurisdiction a report on the 
     results of the review, including any recommendations for 
     actions or best practices to ensure the FAA and the 
     manufacturers of transport category aircraft have accounted 
     for pilot response assumptions to be relied upon in the 
     design and certification of transport category aircraft and 
     tools or methods identified to better integrate human factors 
     throughout the process for such certification.
       (4) International engagement.--The Administrator shall 
     notify other international regulators that certify transport 
     category aircraft type designs of the expert panel report and 
     encourage them to review the report and evaluate their 
     regulations and processes in light of the recommendations 
     included in the report.
       (5) Termination.--The expert safety review shall end upon 
     submission of the report required pursuant to paragraph (3).
       (6) Regulations.--The Administrator shall issue or update 
     such regulations as are necessary to implement the 
     recommendations of the expert safety review that the 
     Administrator determines are necessary to improve aviation 
     safety.
       (d) Call to Action on Airman Certification Standards.--
       (1) In general.--Not later than 60 days after the date of 
     enactment of this title, the Administrator shall initiate a 
     call to action safety review of pilot certification standards 
     in order to bring stakeholders together to share lessons 
     learned, best practices, and implement actions to address any 
     safety issues identified.
       (2) Contents.--The call to action safety review required 
     under paragraph (1) shall include--
       (A) a review of Administration regulations, guidance, and 
     directives related to the pilot certification standards, 
     including the oversight of those processes;
       (B) a review of revisions made to the pilot certification 
     standards for certificates over the last 5 years, including 
     any possible effects on pilot competency in manual flying 
     skills and effectively managing automation to improve safety; 
     and
       (C) a process for aviation stakeholders, including aviation 
     students, instructors, designated pilot examiners, pilots, 
     airlines, labor, and aviation safety experts, to provide and 
     discuss any observations, feedback, and best practices.
       (3) Report and recommendations.--Not later than 90 days 
     after the conclusion of the call to action safety review 
     pursuant to paragraph (1), the Administrator shall submit to 
     the congressional committees of jurisdiction a report on the 
     results of the review, any recommendations for actions or 
     best practices to ensure pilot competency in basic manual 
     flying skills and in effective management of automation, and 
     actions the Administrator will take in response to the 
     recommendations.
       (e) International Pilot Training.--
       (1) In general.--The Secretary of Transportation, the 
     Administrator, and other appropriate officials of the 
     Government shall exercise leadership in setting global 
     standards to improve air carrier pilot training and 
     qualifications for--
       (A) monitoring and managing the behavior and performance of 
     automated systems;
       (B) controlling the flightpath of aircraft without 
     autoflight systems engaged;
       (C) effectively utilizing and managing autoflight systems, 
     when appropriate;
       (D) effectively identifying situations in which the use of 
     autoflight systems is appropriate and when such use is not 
     appropriate; and
       (E) recognizing and responding appropriately to non-normal 
     conditions.
       (2) International leadership.--The Secretary, the 
     Administrator, and other appropriate officials of the 
     Government shall exercise leadership under paragraph (1) by 
     working with--
       (A) foreign counterparts of the Administrator in the ICAO 
     and its subsidiary organizations;
       (B) other international organizations and fora; and
       (C) the private sector.
       (3) Considerations.--In exercising leadership under 
     paragraph (1), the Secretary, the Administrator, and other 
     appropriate officials of the Government shall consider--
       (A) the latest information relating to human factors;
       (B) aircraft manufacturing trends, including those relating 
     to increased automation in the cockpit;

[[Page H7629]]

       (C) the extent to which cockpit automation improves 
     aviation safety and introduces novel risks;
       (D) the availability of opportunities for pilots to 
     practice manual flying skills;
       (E) the need for consistency in maintaining and enhancing 
     manual flying skills worldwide;
       (F) recommended practices of other countries that enhance 
     manual flying skills and automation management; and
       (G) whether a need exists for initial and recurrent 
     training standards for improve pilots' proficiency in manual 
     flight and in effective management of autoflight systems.
       (4) Congressional briefing.--The Secretary, the 
     Administrator, and other appropriate officials of the 
     Government shall provide to the congressional committees of 
     jurisdiction regular briefings on the status of efforts 
     undertaken pursuant to this subsection.
       (f) International Aviation Safety.--Section 40104(b) of 
     title 49, United States Code, is amended--
       (1) by striking ``The Administrator shall'' and inserting 
     the following:
       ``(1) In general.--The Administrator shall''; and
       (2) by adding at the end the following:
       ``(2) Bilateral and multilateral engagement; technical 
     assistance.--The Administrator shall--
       ``(A) in consultation with the Secretary of State, engage 
     bilaterally and multilaterally, including with the 
     International Civil Aviation Organization, on an ongoing 
     basis to bolster international collaboration, data sharing, 
     and harmonization of international aviation safety 
     requirements including through--
       ``(i) sharing of continued operational safety information;
       ``(ii) prioritization of pilot training deficiencies, 
     including manual flying skills and flight crew training, to 
     discourage over reliance on automation, further bolstering 
     the components of airmanship;
       ``(iii) encouraging the consideration of the safety 
     advantages of appropriate Federal regulations, which may 
     include relevant Federal regulations pertaining to flight 
     crew training requirements; and
       ``(iv) prioritizing any other flight crew training areas 
     that the Administrator believes will enhance all 
     international aviation safety; and
       ``(B) seek to expand technical assistance provided by the 
     Federal Aviation Administration in support of enhancing 
     international aviation safety, including by--
       ``(i) promoting and enhancing effective oversight systems, 
     including operational safety enhancements identified through 
     data collection and analysis;
       ``(ii) promoting and encouraging compliance with 
     international safety standards by counterpart civil aviation 
     authorities;
       ``(iii) minimizing cybersecurity threats and 
     vulnerabilities across the aviation ecosystem;
       ``(iv) supporting the sharing of safety information, best 
     practices, risk assessments, and mitigations through 
     established international aviation safety groups; and
       ``(v) providing technical assistance on any other aspect of 
     aviation safety that the Administrator determines is likely 
     to enhance international aviation safety.''.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator, $2,000,000 for each 
     of fiscal years 2021 through 2023, to carry out section 
     40104(b)(2) of title 49, United States Code (as added by 
     paragraph (2)).
       (g) Assistance to Foreign Aviation Authorities.--
       (1) In general.--Section 40113(e)(1) of title 49, United 
     States Code, is amended by inserting ``The Administrator may 
     also provide technical assistance related to all aviation 
     safety-related training and operational services in 
     connection with bilateral and multilateral agreements, 
     including further bolstering the components of airmanship.'' 
     after the first sentence.
       (2) Authorization of appropriations.--Section 40113(e) of 
     title 49, United States Code, is amended by adding at the end 
     the following:
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to the Administrator, $5,000,000 for each 
     of fiscal years 2021 through 2023, to carry out this 
     subsection. Amounts appropriated under the preceding sentence 
     for any fiscal year shall remain available until expended.''.
       (h) Sense of Congress Regarding International Pilot 
     Training Standards.--
       (1) Findings.--Congress makes the following findings:
       (A) Increased reliance on automation in commercial aviation 
     risks a degradation of pilot skills in flight path management 
     using manual flight control.
       (B) Manual flight skills are essential for pilot confidence 
     and competence.
       (C) During the 40th Assembly of ICAO, the United States, 
     Canada, Peru, and Trinidad and Tobago presented a working 
     paper titled, ``Pilot Training Improvements to Address 
     Automation Dependency''.
       (D) The working paper outlines recommendations for the 
     Assembly to mitigate the consequences of automation 
     dependency, including identifying competency requirements for 
     flight path management using manual flight control and 
     assessing the need for new or amended international standards 
     or guidance.
       (2) Sense of congress.--It is the sense of Congress that, 
     as soon as practicable--
       (A) the recommendations included in the working paper 
     titled ``Pilot Training Improvements to Address Automation 
     Dependency'' offered by the United States at the 40th 
     Assembly of ICAO should be made a priority by the Assembly; 
     and
       (B) the United States should work with ICAO and other 
     international aviation safety groups, further bolstering the 
     components of airmanship.

     SEC. 120. NONCONFORMITY WITH APPROVED TYPE DESIGN.

       Section 44704(d) of title 49, United States Code, is 
     amended by adding at the end the following:
       ``(3) Nonconformity with approved type design.--
       ``(A) In general.--Consistent with the requirements of 
     paragraph (1), a holder of a production certificate for an 
     aircraft may not present a nonconforming aircraft, either 
     directly or through the registered owner of such aircraft or 
     a person described in paragraph (2), to the Administrator for 
     issuance of an initial airworthiness certificate.
       ``(B) Civil penalty.--Notwithstanding section 46301, a 
     production certificate holder who knowingly violates 
     subparagraph (A) shall be liable to the Administrator for a 
     civil penalty of not more than $1,000,000 for each 
     nonconforming aircraft.
       ``(C) Penalty considerations.--In determining the amount of 
     a civil penalty under subparagraph (B), the Administrator 
     shall consider--
       ``(i) the nature, circumstances, extent, and gravity of the 
     violation, including the length of time the nonconformity was 
     known by the holder of a production certificate but not 
     disclosed; and
       ``(ii) with respect to the violator, the degree of 
     culpability, any history of prior violations, and the size of 
     the business concern.
       ``(D) Nonconforming aircraft defined.--In this paragraph, 
     the term `nonconforming aircraft' means an aircraft that does 
     not conform to the approved type design for such aircraft 
     type.''.

     SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall submit a 
     report to the congressional committees of jurisdiction on the 
     status of the Administration's implementation of covered 
     recommendations.
       (b) Contents.--The report required under subsection (a) 
     shall contain, at a minimum--
       (1) a list and description of all covered recommendations;
       (2) a determination of whether the Administrator concurs, 
     concurs in part, or does not concur with each covered 
     recommendation;
       (3) an implementation plan and schedule for all covered 
     recommendations the Administrator concurs or concurs in part 
     with; and
       (4) for each covered recommendation with which the 
     Administrator does not concur (in whole or in part), a 
     detailed explanation as to why.
       (c) Covered Recommendations Defined.--In this section, the 
     term ``covered recommendations'' means recommendations made 
     by the following entities in any review initiated in response 
     to the accident of Lion Air flight 610 on October 29, 2018, 
     or Ethiopian Airlines flight 302 on March 10, 2019, that 
     recommend Administration action:
       (1) The National Transportation Safety Board.
       (2) The Joint Authorities Technical Review.
       (3) The inspector general of the Department of 
     Transportation.
       (4) The Safety Oversight and Certification Advisory 
     Committee, or any special committee thereof.
       (5) Any other entity the Administrator may designate.

     SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this title, the Administrator shall establish an 
     Executive Council within the Administration to oversee the 
     use and effectiveness across program offices of the 
     Administration's Compliance Program, described in Order 
     8000.373A dated October 31, 2018.
       (b) Compliance Program Oversight.--The Executive Council 
     established under this section shall--
       (1) monitor, collect, and analyze data on the use of the 
     Compliance Program across program offices of the 
     Administration, including data on enforcement actions and 
     compliance actions pursued against regulated entities by such 
     program offices;
       (2) conduct an evaluation of the Compliance Program, not 
     less frequently than annually each calendar year through 
     2023, to assess the functioning and effectiveness of such 
     program in meeting the stated goals and purpose of the 
     program;
       (3) provide reports to the Administrator containing the 
     results of any evaluation conducted under paragraph (2), 
     including identifying in such report any nonconformities or 
     deficiencies in the implementation of the program and 
     compliance of regulated entities with safety standards of the 
     Administration;
       (4) make recommendations to the Administrator on 
     regulations, guidance, performance standards or metrics, or 
     other controls that should be issued by the Administrator to 
     improve the effectiveness of the Compliance Program in 
     meeting the stated goals and purpose of the program and to 
     ensure the highest levels of aviation safety; and
       (5) carry out any other oversight duties with respect to 
     implementation of the Compliance Program and assigned by the 
     Administrator.
       (c) Executive Council.--
       (1) Executive council membership.--The Executive Council 
     shall be comprised of representatives from each program 
     office with regulatory responsibility as provided in Order 
     8000.373A.
       (2) Chairperson.--The Executive Council shall be chaired by 
     a person, who shall be appointed by the Administrator and 
     shall report directly to the Administrator.

[[Page H7630]]

       (3) Independence.--The Secretary of Transportation, the 
     Administrator, or any officer or employee of the 
     Administration may not prevent or prohibit the chair of the 
     Executive Council from performing the activities described in 
     this section or from reporting to Congress on such 
     activities.
       (4) Duration.--The Executive Council shall terminate on 
     October 1, 2023.
       (d) Annual Briefing.--Each calendar year through 2023, the 
     chair of the Executive Council shall provide a briefing to 
     the congressional committees of jurisdiction on the 
     effectiveness of the Administration's Compliance Program in 
     meeting the stated goals and purpose of the program and the 
     activities of the office described in subsection (b), 
     including any reports and recommendations made by the office 
     during the preceding calendar year.

     SEC. 123. SETTLEMENT AGREEMENT.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Administrator should fully exercise all rights and pursue 
     all remedies available to the Administrator under any 
     settlement agreement between the Administration and the 
     holder of a type certificate and production certificate for 
     transport airplanes executed on December 18, 2015, including 
     a demand for full payment of any applicable civil penalties 
     deferred under such agreement, if the Administrator concludes 
     that such holder has not fully performed all obligations 
     incurred under such agreement.
       (b) Congressional Briefing.--Not later than 60 days after 
     the date of enactment of this title, and every 6 months 
     thereafter until a certificate holder described in subsection 
     (a) has fully performed all obligations incurred by such 
     certificate holder under such settlement agreement, the 
     Administrator shall brief the congressional committees of 
     jurisdiction on action taken consistent with subsection (a).

     SEC. 124. HUMAN FACTORS EDUCATION PROGRAM.

       (a) Human Factors Education Program.--
       (1) In general.--The Administrator shall develop a human 
     factors education program that addresses the effects of 
     modern flight deck systems, including automated systems, on 
     human performance for transport airplanes and the approaches 
     for better integration of human factors in aircraft design 
     and certification.
       (2) Target audience.--The human factors education program 
     shall be integrated into the training protocols (as in 
     existence as of the date of enactment of this title) for, and 
     be routinely administered to, the following:
       (A) Appropriate employees within the Flight Standards 
     Service.
       (B) Appropriate employees within the Aircraft Certification 
     Service.
       (C) Other employees or authorized representatives 
     determined to be necessary by the Administrator.
       (b) Transport Airplane Manufacturer Information Sharing.--
     The Administrator shall--
       (1) require each transport airplane manufacturer to provide 
     the Administrator with the information or findings necessary 
     for flight crew to be trained on flight deck systems;
       (2) ensure the information or findings under paragraph (1) 
     adequately includes consideration of human factors; and
       (3) ensure that each transport airplane manufacturer 
     identifies any technical basis, justification or rationale 
     for the information and findings under paragraph (1).

     SEC. 125. BEST PRACTICES FOR ORGANIZATION DESIGNATION 
                   AUTHORIZATIONS.

       (a) In General.--Section 213 of the FAA Reauthorization Act 
     of 2018 (Public Law 115-254, 132 Stat. 3249) is amended--
       (1) by striking subsection (g);
       (2) by redesignating subsections (c) through (f) as 
     subsections (d) through (g), respectively;
       (3) by inserting after subsection (b), the following:
       ``(c) Best Practices Review.--In addition to conducting the 
     survey required under subsection (b), the Panel shall conduct 
     a review of a sampling of ODA holders to identify and develop 
     best practices. At a minimum, the best practices shall 
     address preventing and deterring instances of undue pressure 
     on or by an ODA unit member, within an ODA, or by an ODA 
     holder, or failures to maintain independence between the FAA 
     and an ODA holder or an ODA unit member. In carrying out such 
     review, the Panel shall--
       ``(1) examine other government regulated industries to 
     gather lessons learned, procedures, or processes that address 
     undue pressure of employees, perceived regulatory coziness, 
     or other failures to maintain independence;
       ``(2) identify ways to improve communications between an 
     ODA Administrator, ODA unit members, and FAA engineers and 
     inspectors, consistent with section 44736(g) of title 49, 
     United States Code, in order to enable direct communication 
     of technical concerns that arise during a certification 
     project without fear of reprisal to the ODA Administrator or 
     ODA unit member; and
       ``(3) examine FAA designee programs, including the 
     assignment of FAA advisors to designees, to determine which 
     components of the program may improve the FAA's oversight of 
     ODA units, ODA unit members, and the ODA program.'';
       (4) in subsection (d) (as redesignated by paragraph (2))--
       (A) by striking paragraph (3) and redesignating paragraphs 
     (4) through (6) as paragraphs (3) through (5), respectively;
       (B) in paragraph (4) (as redesignated by subparagraph (A)), 
     by striking ``and'' at the end;
       (C) in paragraph (5) (as so redesignated), by striking the 
     period at the end and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(6) the results of the review conducted under subsection 
     (c).''; and
       (5) by inserting after subsection (g) (as redesignated by 
     paragraph (2)), the following:
       ``(h) Best Practices Adoption.--
       ``(1) In general.--Not later than 180 days after the date 
     on which the Administrator receives the report required under 
     subsection (e), the Administrator shall establish best 
     practices that are generally applicable to all ODA holders 
     and require such practices to be incorporated, as 
     appropriate, into each ODA holder's approved procedures 
     manual.
       ``(2) Notice and comment period.--The Administrator shall 
     publish the established best practices for public notice and 
     comment for not fewer than 60 days prior to requiring the 
     practices, as appropriate, be incorporated into each ODA 
     holder's approved procedures manual.
       ``(i) Sunset.--The Panel shall terminate on the earlier 
     of--
       ``(1) the date of submission of the report under subsection 
     (e); or
       ``(2) the date that is 2 years after the date on which the 
     Panel is first convened under subsection (a).''.
       (b) Procedures Manual.--Section 44736(b)(3) of title 49, 
     United States Code, as amended by subsection (c)(2)(D) of 
     section 107), is further amended--
       (1) in subparagraph (D) (as redesignated by such 
     subsection), by striking ``and'' after the semicolon at the 
     end;
       (2) in subparagraph (E) (as so redesignated), by striking 
     the period at the end and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(F) ensure the ODA holders procedures manual contains 
     procedures and policies based on best practices established 
     by the Administrator.''.

     SEC. 126. HUMAN FACTORS RESEARCH.

       (a) Human Factors.--Not later than 180 days after the date 
     of enactment of this title, the Administrator, in 
     consultation with aircraft manufacturers, operators, and 
     pilots, and in coordination with the head of such other 
     Federal agency that the Administrator determines appropriate, 
     shall develop research requirements to address the 
     integration of human factors in the design and certification 
     of aircraft that are intended for use in air transportation.
       (b) Requirements.--In developing such research 
     requirements, the Administrator shall--
       (1) establish goals for research in areas of study relevant 
     to advancing technology, improving design engineering and 
     certification practices, and facilitating better 
     understanding of human factors concepts in the context of the 
     growing development and reliance on automated or complex 
     flight deck systems in aircraft operations, including the 
     development of tools to validate pilot recognition and 
     response assumptions and diagnostic tools to improve the 
     clarity of failure indications presented to pilots;
       (2) take into consideration and leverage any existing or 
     planned research that is conducted by, or conducted in 
     partnership with, the FAA; and
       (3) focus on--
       (A) preventing a recurrence of the types of accidents that 
     have involved transport category airplanes designed and 
     manufactured in the United States; and
       (B) increasingly complex aircraft systems and designs.
       (c) Implementation.--In implementing the research 
     requirements developed under this section, the Administrator 
     shall work with appropriate organizations and authorities 
     with expertise including, to the maximum extent practicable, 
     the Center of Excellence for Technical Training and Human 
     Performance and the Center of Excellence developed or 
     expanded pursuant to section 127.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $7,500,000 for each 
     of fiscal years 2021 through 2023, out of funds made 
     available under section 48102(a) of title 49, United States 
     Code, to carry out this section.

     SEC. 127. FAA CENTER OF EXCELLENCE FOR AUTOMATED SYSTEMS AND 
                   HUMAN FACTORS IN AIRCRAFT.

       (a) In General.--The Administrator shall develop or expand 
     a Center of Excellence focused on automated systems and human 
     factors in transport category aircraft.
       (b) Duties.--The Center of Excellence shall, as 
     appropriate--
       (1) facilitate collaboration among academia, the FAA, and 
     the aircraft and airline industries, including aircraft, 
     engine, and equipment manufacturers, air carriers, and 
     representatives of the pilot community;
       (2) establish goals for research in areas of study relevant 
     to advancing technology, improving engineering practices, and 
     facilitating better understanding of human factors concepts 
     in the context of the growing development and reliance on 
     automated or complex systems in commercial aircraft, 
     including continuing education and training;
       (3) examine issues related to human system integration and 
     flight crew and aircraft interfaces, including tools and 
     methods to support the integration of human factors 
     considerations into the aircraft design and certification 
     process; and
       (4) review safety reports to identify potential human 
     factors issues for research.
       (c) Avoiding Duplication of Work.--In developing or 
     expanding the Center of Excellence, the Administrator shall 
     ensure the work of the Center of Excellence does not 
     duplicate or overlap with the work of any other established 
     center of excellence.
       (d) Member Prioritization.--
       (1) In general.--The Administrator, when developing or 
     expanding the Center of Excellence, shall prioritize the 
     inclusion of subject-matter experts whose professional 
     experience enables

[[Page H7631]]

     them to be objective and impartial in their contributions to 
     the greatest extent possible.
       (2) Representation.--The Administrator shall require that 
     the membership of the Center of Excellence reflect a balanced 
     viewpoint across broad disciplines in the aviation industry.
       (3) Disclosure.--Any member of the Center of Excellence who 
     is a Boeing Company or FAA employee who participated in the 
     certification of the Maneuvering Characteristics Augmentation 
     System for the 737 MAX-8 airplane must disclose such 
     involvement to the FAA prior to performing any work on behalf 
     of the FAA.
       (4) Transparency.--In developing or expanding the Center of 
     Excellence, the Administrator shall develop procedures to 
     facilitate transparency and appropriate maintenance of 
     records to the maximum extent practicable.
       (5) Coordination.--Nothing in this section shall preclude 
     coordination and collaboration between the Center of 
     Excellence developed or expanded under this section and any 
     other established center of excellence.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $2,000,000 for each 
     of fiscal years 2021 through 2023, out of funds made 
     available under section 48102(a) of title 49, United States 
     Code, to carry out this section. Amounts appropriated under 
     the preceding sentence for any fiscal year shall remain 
     available until expended.

     SEC. 128. PILOT OPERATIONAL EVALUATIONS.

       (a) Pilot Operational Evaluations.--Not later than 1 year 
     after the date of enactment of this title, the Administrator 
     shall revise existing policies for manufacturers of transport 
     airplanes to ensure that pilot operational evaluations for 
     airplane types that are submitted for certification utilize 
     pilots from air carriers that are expected to operate such 
     airplanes.
       (b) Requirement.--Such manufacturer shall ensure, to the 
     satisfaction of the Administrator, that the air carrier and 
     foreign air carrier pilots used for such evaluations include 
     pilots of varying levels of experience.

     SEC. 129. ENSURING APPROPRIATE RESPONSIBILITY OF AIRCRAFT 
                   CERTIFICATION AND FLIGHT STANDARDS PERFORMANCE 
                   OBJECTIVES AND METRICS.

       (a) Repeals.--Sections 211 and 221 of the FAA 
     Reauthorization Act of 2018 (49 U.S.C. 44701 note) are 
     repealed.
       (b) Conforming Repeals.--Paragraphs (8) and (9) of section 
     202(c) of the FAA Reauthorization Act of 2018 (49 U.S.C. 
     44701 note) are repealed.

     SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.

       (a) Deadlines.--
       (1) Agreement.--Not later than 15 days after the date of 
     enactment of this title, the Administrator shall enter into 
     an agreement with the National Academies of Sciences to 
     develop a report regarding the methodology and effectiveness 
     of the Transport Airplane Risk Assessment Methodology (TARAM) 
     process used by the FAA.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this title, the National Academies of Sciences 
     shall deliver such report to the congressional committees of 
     jurisdiction.
       (b) Elements.--The report under subsection (a) shall 
     include the following elements:
       (1) An assessment of the TARAM analysis process.
       (2) An assessment of the effectiveness of the TARAM for the 
     purposes of improving aviation safety.
       (3) Recommendations to improve the methodology and 
     effectiveness of the TARAM as an element of aviation safety.
       (c) Required Notice.--The Administrator shall provide 
     notice to the congressional committees of jurisdiction on the 
     findings and recommendations of a TARAM conducted following a 
     transport airplane accident--
       (1) in which a loss of life occurred; and
       (2) for which the Administrator determines that the 
     issuance of an airworthiness directive will likely be 
     necessary to correct an unsafe condition associated with the 
     design of the relevant aircraft type.

     SEC. 131. NATIONAL AIR GRANT FELLOWSHIP PROGRAM.

       (a) Program.--
       (1) Program maintenance.--The Administrator shall maintain 
     within the FAA a program to be known as the ``National Air 
     Grant Fellowship Program''.
       (2) Program elements.--The National Air Grant Fellowship 
     Program shall provide support for the fellowship program 
     under subsection (b).
       (3) Responsibilities of administrator.--
       (A) Guidelines.--The Administrator shall establish 
     guidelines related to the activities and responsibilities of 
     air grant fellowships under subsection (b).
       (B) Qualifications.--The Administrator shall by regulation 
     prescribe the qualifications required for designation of air 
     grant fellowships under subsection (b).
       (C) Authority.--In order to carry out the provisions of 
     this section, the Administrator may--
       (i) appoint, assign the duties, transfer, and fix the 
     compensation of such personnel as may be necessary, in 
     accordance with civil service laws;
       (ii) make appointments with respect to temporary and 
     intermittent services to the extent authorized by section 
     3109 of title 5, United States Code;
       (iii) enter into contracts, cooperative agreements, and 
     other transactions without regard to section 6101 of title 
     41, United States Code;
       (iv) notwithstanding section 1342 of title 31, United 
     States Code, accept donations and voluntary and uncompensated 
     services;
       (v) accept funds from other Federal departments and 
     agencies, including agencies within the FAA, to pay for and 
     add to activities authorized by this section; and
       (vi) promulgate such rules and regulations as may be 
     necessary and appropriate.
       (4) Director of national air grant fellowship program.--
       (A) In general.--The Administrator shall appoint, as the 
     Director of the National Air Grant Fellowship Program, a 
     qualified individual who has appropriate administrative 
     experience and knowledge or expertise in fields related to 
     aerospace. The Director shall be appointed and compensated, 
     without regard to the provisions of title 5 governing 
     appointments in the competitive service, at a rate payable 
     under section 5376 of title 5, United States Code.
       (B) Duties.--Subject to the supervision of the 
     Administrator, the Director shall administer the National Air 
     Grant Fellowship Program. In addition to any other duty 
     prescribed by law or assigned by the Administrator, the 
     Director shall--
       (i) cooperate with institutions of higher education that 
     offer degrees in fields related to aerospace;
       (ii) encourage the participation of graduate and post-
     graduate students in the National Air Grant Fellowship 
     Program; and
       (iii) cooperate and coordinate with other Federal 
     activities in fields related to aerospace.
       (b) Fellowships.--
       (1) In general.--The Administrator shall support a program 
     of fellowships for qualified individuals at the graduate and 
     post-graduate level. The fellowships shall be in fields 
     related to aerospace and awarded pursuant to guidelines 
     established by the Administrator. The Administrator shall 
     strive to ensure equal access for minority and economically 
     disadvantaged students to the program carried out under this 
     paragraph.
       (2) Aerospace policy fellowship.--
       (A) In general.--The Administrator shall award aerospace 
     policy fellowships to support the placement of individuals at 
     the graduate level of education in fields related to 
     aerospace in positions with--
       (i) the executive branch of the United States Government; 
     and
       (ii) the legislative branch of the United States 
     Government.
       (B) Placement priorities for legislative fellowships.--
       (i) In general.--In considering the placement of 
     individuals receiving a fellowship for a legislative branch 
     position under subparagraph (A)(ii), the Administrator shall 
     give priority to placement of such individuals in the 
     following:

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

       (ii) Equitable distribution.--In placing fellows in 
     positions described under clause (i), the Administrator shall 
     ensure that placements are equally distributed among the 
     political parties.
       (C) Duration.--A fellowship awarded under this paragraph 
     shall be for a period of not more than 1 year.
       (3) Restriction on use of funds.--Amounts available for 
     fellowships under this subsection, including amounts accepted 
     under subsection (a)(3)(C)(v) or appropriated under 
     subsection (d) to carry out this subsection, shall be used 
     only for award of such fellowships and administrative costs 
     of implementing this subsection.
       (c) Interagency Cooperation.--Each department, agency, or 
     other instrumentality of the Federal Government that is 
     engaged in or concerned with, or that has authority over, 
     matters relating to aerospace--
       (1) may, upon a written request from the Administrator, 
     make available, on a reimbursable basis or otherwise, any 
     personnel (with their consent and without prejudice to their 
     position and rating), service, or facility that the 
     Administrator deems necessary to carry out any provision of 
     this section;
       (2) shall, upon a written request from the Administrator, 
     furnish any available data or other information that the 
     Administrator deems necessary to carry out any provision of 
     this section; and
       (3) shall cooperate with the FAA and duly authorized 
     officials thereof.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator $15,000,000 for each 
     of fiscal years 2021 through 2025 to carry out this section. 
     Amounts appropriated under the preceding sentence shall 
     remain available until expended.
       (e) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the National Air Grant Fellowship Program, appointed pursuant 
     to subsection (a)(4).
       (2) Fields related to aerospace.--The term ``fields related 
     to aerospace'' means any discipline or field that is 
     concerned with, or likely to improve, the development, 
     assessment, operation, safety, or repair of aircraft and 
     other airborne objects and systems, including the following:
       (A) Aerospace engineering.
       (B) Aerospace physiology.
       (C) Aeronautical engineering.
       (D) Airworthiness engineering.
       (E) Electrical engineering.
       (F) Human factors.
       (G) Software engineering.
       (H) Systems engineering.

     SEC. 132. EMERGING SAFETY TRENDS IN AVIATION.

       (a) General.--Not later than 180 days after the date of 
     enactment of this title, the Administrator shall enter into 
     an agreement with the Transportation Research Board for the 
     purposes of developing an annual report identifying, 
     categorizing, and analyzing emerging safety trends in air 
     transportation.
       (b) Factors.--The emerging safety trends report should be 
     based on the following data:

[[Page H7632]]

       (1) The National Transportation Safety Board's 
     investigation of accidents under section 1132 of title 49, 
     United States Code.
       (2) The Administrator's investigations of accidents and 
     incidents under section 40113 of title 49, United States 
     Code.
       (3) Information provided by air operators pursuant to 
     safety management systems.
       (4) International investigations of accidents and 
     incidents, including reports, data, and information from 
     foreign authorities and ICAO.
       (5) Other sources deemed appropriate for establishing 
     emerging safety trends in the aviation sector, including the 
     FAA's annual safety culture assessment required under 
     subsection (c).
       (c) Safety Culture Assessment.--The Administrator shall 
     conduct an annual safety culture assessment through fiscal 
     year 2031, which shall include surveying all employees in the 
     FAA's Aviation Safety organization (AVS) to determine the 
     employees' collective opinion regarding, and to assess the 
     health of, AVS' safety culture and implementation of any 
     voluntary safety reporting program.
       (d) Existing Reporting Systems.--The Executive Director of 
     the Transportation Research Board, in consultation with the 
     Secretary of Transportation and Administrator, may take into 
     account and, as necessary, harmonize data and sources from 
     existing reporting systems within the Department of 
     Transportation and FAA.
       (e) Biennial Report to Congress.--One year after the 
     Administrator enters into the agreement with the 
     Transportation Research Board as set forth in subsection (a), 
     and biennially thereafter through fiscal year 2031, the 
     Executive Director, in consultation with the Secretary and 
     Administrator, shall submit to the congressional committees 
     of jurisdiction a report identifying the emerging safety 
     trends in air transportation.

     SEC. 133. FAA ACCOUNTABILITY ENHANCEMENT.

       (a) Enhancement of the Aviation Safety Whistleblower 
     Investigation Office in the Federal Aviation 
     Administration.--
       (1) Renaming of the office.--
       (A) In general.--Section 106(t)(1) of title 49, United 
     States Code, is amended by striking ``an Aviation Safety 
     Whistleblower Investigation Office'' and inserting ``the 
     Office of Whistleblower Protection and Aviation Safety 
     Investigations''.
       (B) Conforming amendment.--The heading of subsection (t) of 
     section 106 of title 49, United States Code, is amended by 
     striking ``Aviation Safety Whistleblower Investigation 
     Office'' and inserting ``Office of Whistleblower Protection 
     and Aviation Safety Investigations''.
       (2) Duties.--
       (A) In general.--Section 106(t)(3)(A) of title 49, United 
     States Code, is amended--
       (i) in clause (i), by striking ``(if the certificate holder 
     does not have a similar in-house whistleblower or safety and 
     regulatory noncompliance reporting process)'' and inserting 
     ``(if the certificate holder does not have a similar in-house 
     whistleblower or safety and regulatory noncompliance 
     reporting process established under or pursuant to a safety 
     management system)'';
       (ii) in clause (ii), by striking ``and'' at the end;
       (iii) in clause (iii), by striking the period at the end 
     and inserting a semicolon; and
       (iv) by adding at the end the following:
       ``(iv) receive allegations of whistleblower retaliation by 
     employees of the Agency;
       ``(v) coordinate with and provide all necessary assistance 
     to the Office of Investigations and Professional 
     Responsibility, the inspector general of the Department of 
     Transportation, and the Office of Special Counsel on 
     investigations relating to whistleblower retaliation by 
     employees of the Agency; and
       ``(vi) investigate allegations of whistleblower retaliation 
     by employees of the Agency that have been delegated to the 
     Office by the Office of Investigations and Professional 
     Responsibility, the inspector general of the Department of 
     Transportation, or the Office of Special Counsel.''.
       (B) Limitation.--Section 106(t)(2) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(E) Limitation of duties.-- The Director may only perform 
     duties of the Director described in paragraph (3)(A).''.
       (C) Conforming amendments.--Section 106(t)(7) of title 49, 
     United States Code, is amended--
       (i) in the matter preceding subparagraph (A), by striking 
     ``October 1'' and inserting ``November 15''; and
       (ii) in subparagraph (A), by striking ``paragraph (3)(A)(i) 
     in the preceding 12-month period'' and inserting ``paragraph 
     (3)(A)(i) in the preceding fiscal year''.
       (3) Report.--Section 106(t)(7) of title 49, United States 
     Code, as amended by paragraph (2)(C), is further amended--
       (A) in subparagraph (C)--
       (i) by inserting ``the resolution of those submissions, 
     including any'' before ``further''; and
       (ii) by striking ``and'' after the semicolon;
       (B) in subparagraph (D) by striking ``recommendations.'' 
     and inserting ``recommendations; and''; and
       (C) by adding at the end the following:
       ``(E) A summary of the activities of the Whistleblower 
     Ombudsman, including--
       ``(i) the number of employee consultations conducted by the 
     Whistleblower Ombudsman in the preceding 12-month period and 
     a summary of such consultations and their resolution (in a 
     de-identified or anonymized form); and
       ``(ii) the number of reported incidents of retaliation 
     during such period and, if applicable, a description of the 
     disposition of such incidents during such period.''.
       (b) Whistleblower Ombudsman.--Section 106(t) of title 49, 
     United States Code, is further amended by adding at the end 
     the following:
       ``(8) Whistleblower ombudsman.--
       ``(A) In general.--Within the Office, there shall be 
     established the position of Whistleblower Ombudsman.
       ``(B) Ombudsman qualifications.--The individual selected as 
     Ombudsman shall have knowledge of Federal labor law and 
     demonstrated government experience in human resource 
     management, and conflict resolution.
       ``(C) Duties.--The Ombudsman shall carry out the following 
     duties:
       ``(i) Educate Administration employees about prohibitions 
     against materially adverse acts of retaliation and any 
     specific rights or remedies with respect to those retaliatory 
     actions.
       ``(ii) Serve as an independent confidential resource for 
     Administration employees to discuss any specific retaliation 
     allegation and available rights or remedies based on the 
     circumstances, as appropriate.
       ``(iii) Coordinate with Human Resource Management, the 
     Office of Accountability and Whistleblower Protection, the 
     Office of Professional Responsibility, and the Office of the 
     Chief Counsel, as necessary.
       ``(iv) Coordinate with the Office of the Inspector General 
     of the Department of Transportation's Whistleblower 
     Protection Coordinator and the Office of the Special Counsel, 
     as necessary.
       ``(v) Conduct outreach and assist in the development of 
     training within the Agency to mitigate the potential for 
     retaliation and promote timely and appropriate processing of 
     any protected disclosure or allegation of materially adverse 
     acts of retaliation.''.
       (c) Office of Investigations and Professional 
     Responsibility.--The Administrator shall take such action as 
     may be necessary to redesignate the Office of Investigations 
     of the Administration as the Office of Investigations and 
     Professional Responsibility.
       (d) Misconduct Investigations.--
       (1) In general.--The Administrator shall review and revise 
     the Administration's existing investigative policies that 
     govern the investigation of misconduct by a manager of the 
     Administration conducted by the FAA (in this subsection 
     referred to as the ``Agency'').
       (2) Preservation of collective bargaining agreements.--The 
     investigative policy established under paragraph (1) shall 
     not apply to, or in the future, be extended by the 
     Administrator to apply to, any employee who is not a manager 
     or is covered by or eligible to be covered by a collective 
     bargaining agreement entered into by the Agency.
       (3) Requirements.--In revising the investigative policies, 
     the Administrator shall ensure such policies require--
       (A) the utilization of investigative best practices to 
     ensure independent and objective investigation and accurate 
     recording and reporting of such investigation;
       (B) the management of case files to ensure the integrity of 
     the information contained in such case files;
       (C) interviews be conducted in a manner that ensures, to 
     the greatest extent possible, truthful answers and accurate 
     records of such interviews;
       (D) coordination with the Office of the Inspector General 
     of the Department of Transportation, the Office of the 
     Special Counsel, and the Attorney General, as appropriate; 
     and
       (E) the completion of investigations in a timely manner.
       (4) Definition.--For purposes of this subsection, the term 
     ``manager'' means an employee of the Agency who is a 
     supervisor or management official, as defined in section 
     7103(a) of title 5, United States Code.

     SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE ADVANCED 
                   MATERIALS CENTER OF EXCELLENCE.

       Section 44518 of title 49, United States Code, is amended 
     by adding at the end the following:
       ``(c) Authorization of Appropriations.--Out of amounts 
     appropriated under section 48102(a), the Administrator may 
     expend not more than $10,000,000 for each of fiscal years 
     2021 through 2023 to carry out this section. Amounts 
     appropriated under the preceding sentence for each fiscal 
     year shall remain available until expended.''.

     SEC. 135. PROMOTING AVIATION REGULATIONS FOR TECHNICAL 
                   TRAINING.

       (a) New Regulations Required.--
       (1) Interim final regulations.--Not later than 90 days 
     after the date of enactment of this section, the 
     Administrator shall issue interim final regulations to 
     establish requirements for issuing aviation maintenance 
     technician school certificates and associated ratings and the 
     general operating rules for the holders of those certificates 
     and ratings in accordance with the requirements of this 
     section.
       (2) Repeal of current regulations.--Upon the effective date 
     of the interim final regulations required under paragraph 
     (1), part 147 of title 14, Code of Federal Regulations (as in 
     effect on the date of enactment of this title) and any 
     regulations issued under section 624 of the FAA 
     Reauthorization Act of 2018 (Public Law 115-254) shall have 
     no force or effect on or after the effective date of such 
     interim final regulations.
       (b) Aviation Maintenance Technician School Certification 
     Required.--No person may operate an aviation maintenance 
     technician school without, or in violation of, an aviation 
     maintenance technician school certificate and the operations 
     specifications issued under the interim final regulations 
     required under subsection (a)(1), the requirements of this 
     section, or in a manner that is inconsistent with information 
     in the school's operations specifications under subsection 
     (c)(5).
       (c) Certificate and Operations Specifications 
     Requirements.--
       (1) Application requirements.--

[[Page H7633]]

       (A) In general.--An application for a certificate or rating 
     to operate an aviation maintenance technician school shall 
     include the following:
       (i) A description of the facilities, including the physical 
     address of the certificate holder's primary location for 
     operation of the school, any additional fixed locations where 
     training will be provided, and the equipment and materials to 
     be used at each location.
       (ii) A description of the manner in which the school's 
     curriculum will ensure the student has the knowledge and 
     skills necessary for attaining a mechanic certificate and 
     associated ratings under subpart D of part 65 of title 14, 
     Code of Federal Regulations (or any successor regulation).
       (iii) A description of the manner in which the school will 
     ensure it provides the necessary qualified instructors to 
     meet the requirements of subsection (d)(4).
       (B) Documented in the school's operations specifications.--
     Upon issuance of the school's certificate or rating, the 
     information required under subparagraph (A) shall be 
     documented in the school's operations specifications.
       (2) Change applications.--
       (A) In general.--An application for an additional rating or 
     amended certificate shall include only the information 
     necessary to substantiate the reason for the requested 
     additional rating or change.
       (B) Approved changes.--Any approved changes shall be 
     documented in the school's operations specifications.
       (3) Duration.--An aviation maintenance technician school 
     certificate or rating issued under the interim final 
     regulations required under subsection (a)(1) shall be 
     effective from the date of issue until the certificate or 
     rating is surrendered, suspended, or revoked.
       (4) Certificate ratings.--An aviation maintenance 
     technician school certificate issued under the interim final 
     regulations required under subsection (a)(1) shall specify 
     which of the following ratings are held by the aviation 
     maintenance technician school:
       (A) Airframe.
       (B) Powerplant.
       (C) Airframe and Powerplant.
       (5) Operations specifications.--A certificated aviation 
     maintenance technician school shall operate in accordance 
     with operations specifications that include the following:
       (A) The certificate holder's name.
       (B) The certificate holder's air agency certificate number.
       (C) The name and contact information of the certificate 
     holder's primary point of contact.
       (D) The physical address of the certificate holder's 
     primary location, as provided under paragraph (1)(A).
       (E) The physical address of any additional location of the 
     certificate holder, as provided under subsection (d)(2).
       (F) The ratings held, as provided under paragraph (4).
       (G) Any regulatory exemption granted to the school by the 
     Administrator.
       (d) Operations Requirements.--
       (1) Facilities, equipment, and material requirements.--Each 
     certificated aviation maintenance technician school shall 
     provide and maintain the facilities, equipment, and materials 
     that are appropriate to the 1 or more ratings held by the 
     school and the number of students taught.
       (2) Training provided at another location.--A certificated 
     aviation maintenance technician school may provide training 
     at any additional location that meets the requirements of the 
     interim final regulations required under subsection (a)(1) 
     and is listed in the certificate holder's operations 
     specifications.
       (3) Training requirements.--Each certificated aviation 
     maintenance technician school shall--
       (A) establish, maintain, and utilize a curriculum designed 
     to continually align with mechanic airman certification 
     standards as appropriate for the ratings held;
       (B) provide training of a quality that meets the 
     requirements of subsection (f)(1); and
       (C) ensure students have the knowledge and skills necessary 
     to be eligible to test for a mechanic certificate and 
     associated ratings under subpart D of part 65 of title 14, 
     Code of Federal Regulations (or any successor regulation).
       (4) Instructor requirements.--Each certificated aviation 
     maintenance technician school shall--
       (A) provide qualified instructors to teach in a manner that 
     ensures positive educational outcomes are achieved;
       (B) ensure instructors hold a mechanic certificate with 1 
     or more appropriate ratings (or, with respect to instructors 
     who are not certified mechanics, ensure instructors are 
     otherwise specifically qualified to teach their assigned 
     content); and
       (C) ensure the student-to-instructor ratio does not exceed 
     25:1 for any shop class.
       (5) Certificate of completion.--Each certificated aviation 
     maintenance technician school shall provide authenticated 
     documentation to each graduating student, indicating the 
     student's date of graduation and curriculum completed, as 
     described in paragraph (3)(A).
       (e) Quality Control System.--
       (1) Accreditation.--Each aviation maintenance technician 
     school shall--
       (A) be accredited as meeting the definition of an 
     institution of higher education provided for in section 101 
     of the Higher Education Act of 1965 (20 U.S.C. 1001); or
       (B) establish and maintain a quality control system that 
     meets the requirements specified in paragraph (2) and is 
     approved by the Administrator.
       (2) FAA-approved system requirements.--In the case of an 
     aviation maintenance technician school that is not accredited 
     as set forth in paragraph (1), the Administrator shall 
     approve a quality control system that provides procedures for 
     recordkeeping, assessment, issuing credit, issuing of final 
     course grades, attendance, ensuring sufficient number of 
     instructors, granting of graduation documentation, and 
     corrective action for addressing deficiencies.
       (f) Additional Requirements.--
       (1) Minimum passage rate.--A certificated aviation 
     maintenance technician school shall maintain a pass rate of 
     at least 70 percent of students who took a written, oral, or 
     practical (or any combination thereof) FAA mechanic tests 
     within 60 days of graduation for the most recent 3-year 
     period .
       (2) FAA inspection.--A certificated aviation maintenance 
     technician school shall allow the Administrator such access 
     as the Administrator determines necessary to inspect the 1 or 
     more locations of the school for purposes of determining the 
     school's compliance with the interim final regulations 
     required under subsection (a)(1), the procedures and 
     information outlined in the school's operations 
     specifications according to subsection (c)(5), and the 
     aviation maintenance technician school certificate issued for 
     the school.
       (3) Display of certificate.--A certificated aviation 
     maintenance technician school shall display its aviation 
     maintenance technician school certificate at a location in 
     the school that is visible by and normally accessible to the 
     public.
       (4) Early testing.--A certificated aviation maintenance 
     technician school may issue authenticated documentation 
     demonstrating a student's satisfactory progress, completion 
     of corresponding portions of the curriculum, and preparedness 
     to take the aviation mechanic written general knowledge test, 
     even if the student has not met the experience requirements 
     of section 65.77 of title 14, Code of Federal Regulations (or 
     any successor regulation). Any such documentation shall 
     specify the curriculum the student completed and the 
     completion date.

     SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM.

       (a) Report and Deadlines.--Not later than 30 days after the 
     date of enactment of this title, the Administrator shall 
     enter into an agreement with an appropriate Federally-funded 
     research and development center to review, develop, and 
     submit a report to the Administrator in accordance with the 
     requirements and elements set forth in this section.
       (b) Elements.--The review and report under subsection (a) 
     shall set forth analyses, assessments, and recommendations 
     addressing the following elements for transport category 
     airplanes:
       (1) Whether or not aviation safety would improve as the 
     result of institution of a fixed time beyond which a type 
     certificate may not be amended.
       (2) Requiring the Administrator, when issuing an amended or 
     supplemental type certificate for a design that does not 
     comply with the latest amendments to the applicable 
     airworthiness standards, to document any exception from the 
     latest amendment to an applicable regulation, issue an 
     exemption in accordance with section 44701 of title 14, 
     United States Code, or make a finding of an equivalent level 
     of safety in accordance with section 21.21(a)(1) of title 14, 
     Code of Federal Regulations.
       (3) Safety benefits and costs for certification of 
     transport category airplanes resulting from the 
     implementation of paragraphs (1) and (2).
       (4) Effects on the development and introduction of 
     advancements in new safety enhancing design and technologies, 
     and continued operation and operational safety support of 
     products in service in the United States and worldwide, 
     resulting from the implementation of paragraphs (1) and (2).
       (c) Investigations and Reports.--The review and report 
     under subsection (a) shall take into consideration 
     investigations, reports, and assessments regarding the Boeing 
     737 MAX, including but not limited to investigations, 
     reports, and assessments by the Joint Authorities Technical 
     Review, the National Transportation Safety Board, the 
     Department of Transportation Office of the Inspector General, 
     the Department of Transportation Special Committee, the 
     congressional committees of jurisdiction and other 
     congressional committees, and foreign authorities. The review 
     and report under subsection (a) also shall consider the 
     impact of changes made by this title and the amendments made 
     by this title.
       (d) Report to Congress.--Not later than 270 days after the 
     report developed under subsection (a) is submitted to the 
     Administrator, the Administrator shall submit a report to the 
     congressional committees of jurisdiction regarding the FAA's 
     response to the findings and recommendations of the report, 
     what actions the FAA will take as a result of such findings 
     and recommendations, and the FAA rationale for not taking 
     action on any specific recommendation

     SEC. 137. DEFINITIONS.

       In this title:
       (1) Administration; faa.--The terms ``Administration'' and 
     ``FAA'' mean the Federal Aviation Administration.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the FAA.
       (3) Congressional committees of jurisdiction.--The term 
     ``congressional committees of jurisdiction'' means the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Commerce, Science, 
     and Transportation of the Senate.
       (4) ICAO.--The term ``ICAO'' means the International Civil 
     Aviation Organization.
       (5) Organization designation authorization.--The term 
     ``organization designation authorization'' has the same 
     meaning given such term in section 44736(c) of title 49, 
     United States Code.

[[Page H7634]]

       (6) Transport airplane.--The term ``transport airplane'' 
     means a transport category airplane designed for operation by 
     an air carrier or foreign air carrier type-certificated with 
     a passenger seating capacity of 30 or more or an all-cargo or 
     combi derivative of such an airplane.
       (7) Type certificate.--The term ``type certificate''--
       (A) means a type certificate issued pursuant to section 
     44704(a) of title 49, United States Code, or an amendment to 
     such certificate; and
       (B) does not include a supplemental type certificate issued 
     under section 44704(b) of such section.

    DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

    DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

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

                    TITLE I--INTELLIGENCE ACTIVITIES

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

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

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

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

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

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

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

           TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

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

                  TITLE VI--REPORTS AND OTHER MATTERS

Sec. 601. Report on attempts by foreign adversaries to build 
              telecommunications and cybersecurity equipment and 
              services for, or to provide such equipment and services 
              to, certain allies of the United States.
Sec. 602. Report on threats posed by use by foreign governments and 
              entities of commercially available cyber intrusion and 
              surveillance technology.
Sec. 603. Reports on recommendations of the Cyberspace Solarium 
              Commission.
Sec. 604. Assessment of critical technology trends relating to 
              artificial intelligence, microchips, and semiconductors 
              and related supply chains.
Sec. 605. Combating Chinese influence operations in the United States 
              and strengthening civil liberties protections.
Sec. 606. Annual report on corrupt activities of senior officials of 
              the Chinese Communist Party.
Sec. 607. Report on corrupt activities of Russian and other Eastern 
              European oligarchs.
Sec. 608. Report on biosecurity risk and disinformation by the Chinese 
              Communist Party and the Government of the People's 
              Republic of China.
Sec. 609. Report on effect of lifting of United Nations arms embargo on 
              Islamic Republic of Iran.
Sec. 610. Report on Iranian activities relating to nuclear 
              nonproliferation.
Sec. 611. Annual reports on security services of the People's Republic 
              of China in the Hong Kong Special Administrative Region.
Sec. 612. Research partnership on activities of People's Republic of 
              China.
Sec. 613. Report on the pharmaceutical and personal protective 
              equipment regulatory practices of the People's Republic 
              of China.
Sec. 614. National Intelligence Estimate on situation in Afghanistan.
Sec. 615. Assessment regarding tensions between Armenia and Azerbaijan.
Sec. 616. Sense of Congress on Third Option Foundation.
Sec. 617. Annual reports on worldwide threats.
Sec. 618. Annual report on Climate Security Advisory Council.
Sec. 619. Improvements to funding for National Security Education 
              program.
Sec. 620. Report on best practices to protect privacy, civil liberties, 
              and civil rights of Chinese Americans.
Sec. 621. National Intelligence Estimate on threat of global pandemic 
              disease.
Sec. 622. Modification of requirement for briefings on national 
              security effects of emerging infectious disease and 
              pandemics.
Sec. 623. Independent study on open-source intelligence.
Sec. 624. Survey on Open Source Enterprise.
Sec. 625. Sense of Congress on report on murder of Jamal Khashoggi.

     SEC. 2. DEFINITIONS.

       In this division:
       (1) Congressional intelligence committees.--The term 
     ``congressional intelligence committees'' means--
       (A) the Select Committee on Intelligence and the Committee 
     on Appropriations of the Senate; and
       (B) the Permanent Select Committee on Intelligence and the 
     Committee on Appropriations of the House of Representatives.
       (2) Intelligence community.--The term ``intelligence 
     community'' has the meaning given such term in section 3 of 
     the National Security Act of 1947 (50 U.S.C. 3003).

     SEC. 3. EXPLANATORY STATEMENT.

       The explanatory statement regarding this division, printed 
     in the House section of the Congressional Record by the 
     Chairman of the Permanent Select Committee on Intelligence of 
     the House of Representatives and in the Senate section of the 
     Congressional Record by the Chairman of the Select Committee 
     on Intelligence of the Senate, shall have the same effect 
     with respect to the implementation of this division as if it 
     were a joint explanatory statement of a committee of 
     conference.

                    TITLE I--INTELLIGENCE ACTIVITIES

     SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

       Funds are hereby authorized to be appropriated for fiscal 
     year 2021 for the conduct of the intelligence and 
     intelligence-related activities of the following elements of 
     the United States Government:
       (1) The Office of the Director of National Intelligence.
       (2) The Central Intelligence Agency.
       (3) The Department of Defense.
       (4) The Defense Intelligence Agency.
       (5) The National Security Agency.
       (6) The Department of the Army, the Department of the Navy, 
     and the Department of the Air Force.
       (7) The Coast Guard.
       (8) The Department of State.
       (9) The Department of the Treasury.
       (10) The Department of Energy.
       (11) The Department of Justice.
       (12) The Federal Bureau of Investigation.
       (13) The Drug Enforcement Administration.
       (14) The National Reconnaissance Office.
       (15) The National Geospatial-Intelligence Agency.
       (16) The Department of Homeland Security.

     SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

       (a) Specifications of Amounts.--The amounts authorized to 
     be appropriated under section 101 for the conduct of the 
     intelligence activities of the elements listed in paragraphs 
     (1) through (16) of section 101, are those specified in the 
     classified Schedule of Authorizations prepared to accompany 
     this division.
       (b) Availability of Classified Schedule of 
     Authorizations.--

[[Page H7635]]

       (1) Availability.--The classified Schedule of 
     Authorizations referred to in subsection (a) shall be made 
     available to the Committee on Appropriations of the Senate, 
     the Committee on Appropriations of the House of 
     Representatives, and to the President.
       (2) Distribution by the president.--Subject to paragraph 
     (3), the President shall provide for suitable distribution of 
     the classified Schedule of Authorizations referred to in 
     subsection (a), or of appropriate portions of such Schedule, 
     within the executive branch of the Federal Government.
       (3) Limits on disclosure.--The President shall not publicly 
     disclose the classified Schedule of Authorizations or any 
     portion of such Schedule except--
       (A) as provided in section 601(a) of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 
     3306(a));
       (B) to the extent necessary to implement the budget; or
       (C) as otherwise required by law.

     SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

       (a) Authorization of Appropriations.--There is authorized 
     to be appropriated for the Intelligence Community Management 
     Account of the Director of National Intelligence for fiscal 
     year 2021 the sum of $759,000,000.
       (b) Classified Authorization of Appropriations.--In 
     addition to amounts authorized to be appropriated for the 
     Intelligence Community Management Account by subsection (a), 
     there are authorized to be appropriated for the Intelligence 
     Community Management Account for fiscal year 2021 such 
     additional amounts as are specified in the classified 
     Schedule of Authorizations referred to in section 102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

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

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

           Subtitle A--General Intelligence Community Matters

     SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.

       The authorization of appropriations by this division shall 
     not be deemed to constitute authority for the conduct of any 
     intelligence activity which is not otherwise authorized by 
     the Constitution or the laws of the United States.

     SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS 
                   AUTHORIZED BY LAW.

       Appropriations authorized by this division for salary, pay, 
     retirement, and other benefits for Federal employees may be 
     increased by such additional or supplemental amounts as may 
     be necessary for increases in such compensation or benefits 
     authorized by law.

     SEC. 303. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS 
                   OF THE INTELLIGENCE COMMUNITY IN THE CASE OF A 
                   NATIONAL EMERGENCY.

       (a) Definition of Covered National Emergency.--In this 
     section, the term ``covered national emergency'' means the 
     following:
       (1) A major disaster declared by the President under 
     section 401 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170).
       (2) An emergency declared by the President under section 
     501 of the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5191).
       (3) A national emergency declared by the President under 
     the National Emergencies Act (50 U.S.C. 1601 et seq.).
       (4) A public health emergency declared under section 319 of 
     the Public Health Service Act (42 U.S.C. 247d).
       (b) In General.--The Director of National Intelligence, the 
     Director of the Central Intelligence Agency, the Director of 
     the National Reconnaissance Office, the Director of the 
     Defense Intelligence Agency, the Director of the National 
     Security Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each establish continuity of 
     operations plans for use in the case of covered national 
     emergencies for the element of the intelligence community 
     concerned.
       (c) Submission to Congress.--
       (1) Director of national intelligence and director of the 
     central intelligence agency.--Not later than 7 days after the 
     date on which a covered national emergency is declared, the 
     Director of National Intelligence and the Director of the 
     Central Intelligence Agency shall each submit to the 
     congressional intelligence committees the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned.
       (2) Director of national reconnaissance office, director of 
     defense intelligence agency, director of national security 
     agency, and director of national geospatial-intelligence 
     agency.--Not later than 7 days after the date on which a 
     covered national emergency is declared, the Director of the 
     National Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit the plan established 
     under subsection (b) for that emergency for the element of 
     the intelligence community concerned to the following:
       (A) The congressional intelligence committees.
       (B) The Committee on Armed Services of the Senate.
       (C) The Committee on Armed Services of the House of 
     Representatives.
       (d) Updates.--During a covered national emergency, the 
     Director of National Intelligence, the Director of the 
     Central Intelligence Agency, the Director of the National 
     Reconnaissance Office, the Director of the Defense 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the National Geospatial-
     Intelligence Agency shall each submit any updates to the 
     plans submitted under subsection (c)--
       (1) in accordance with that subsection; and
       (2) in a timely manner consistent with section 501 of the 
     National Security Act of 1947 (50 U.S.C. 3091).

     SEC. 304. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO 
                   POSITION OF DIRECTOR OF NATIONAL RECONNAISSANCE 
                   OFFICE.

       Section 5314 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``Director of the National Reconnaissance Office.''.

     SEC. 305. NATIONAL INTELLIGENCE UNIVERSITY.

       (a) In General.--Title X of the National Security Act of 
     1947 (50 U.S.C. 3191 et seq.) is amended by adding at the end 
     the following:

             ``Subtitle D--National Intelligence University

     ``SEC. 1031. TRANSFER DATE.

       ``In this subtitle, the term `transfer date' means the date 
     on which the National Intelligence University is transferred 
     from the Defense Intelligence Agency to the Director of 
     National Intelligence under section 5324(a) of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92).

     ``SEC. 1032. DEGREE-GRANTING AUTHORITY.

       ``(a) In General.--Beginning on the transfer date, under 
     regulations prescribed by the Director of National 
     Intelligence, the President of the National Intelligence 
     University may, upon the recommendation of the faculty of the 
     University, confer appropriate degrees upon graduates who 
     meet the degree requirements.
       ``(b) Limitation.--A degree may not be conferred under this 
     section unless--
       ``(1) the Secretary of Education has recommended approval 
     of the degree in accordance with the Federal Policy Governing 
     Granting of Academic Degrees by Federal Agencies; and
       ``(2) the University is accredited by the appropriate 
     academic accrediting agency or organization to award the 
     degree, as determined by the Secretary of Education.
       ``(c) Congressional Notification Requirements.--
       ``(1) Actions on nonaccreditation.--Beginning on the 
     transfer date, the Director shall promptly--
       ``(A) notify the congressional intelligence committees of 
     any action by the Middle States Commission on Higher 
     Education, or other appropriate academic accrediting agency 
     or organization, to not accredit the University to award any 
     new or existing degree; and
       ``(B) submit to such committees a report containing an 
     explanation of any such action.
       ``(2) Modification or redesignation of degree-granting 
     authority.--Beginning on the transfer date, upon any 
     modification or redesignation of existing degree-granting 
     authority, the Director shall submit to the congressional 
     intelligence committees a report containing--
       ``(A) the rationale for the proposed modification or 
     redesignation; and
       ``(B) any subsequent recommendation of the Secretary of 
     Education with respect to the proposed modification or 
     redesignation.

     ``SEC. 1033. REPORTING.

       ``(a) In General.--Not less frequently than once each year, 
     the Director of National Intelligence shall submit to the 
     congressional intelligence committees a plan for employing 
     professors, instructors, and lecturers at the National 
     Intelligence University.
       ``(b) Elements.--Each plan submitted under subsection (a) 
     shall include the following:
       ``(1) The total number of proposed personnel to be employed 
     at the National Intelligence University.
       ``(2) The total annual compensation to be provided the 
     personnel described in paragraph (1).
       ``(3) Such other matters as the Director considers 
     appropriate.
       ``(c) Form of Submittal.--Each plan submitted by the 
     Director to the congressional intelligence committees under 
     subsection (a) shall be submitted as part of another annual 
     submission from the Director to the congressional 
     intelligence committees.

     ``SEC. 1034. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY 
                   COMMITTEE ACT TO THE BOARD OF VISITORS.

       ``The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     continue to apply to the Board of Visitors of the National 
     Intelligence University on and after the transfer date.''.
       (b) Plan Regarding Personnel at National Intelligence 
     University.--
       (1) Initial submission.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees the first submission required by section 1033(a) 
     of the National Security Act of 1947, as added by subsection 
     (a).
       (2) Certain requirement not applicable.--Subsection (c) of 
     section 1033 of the National Security Act of 1947, as added 
     by subsection (a), shall not apply to the submittal under 
     paragraph (1) of this subsection.
       (c) Conforming Amendments.--Section 5324 of the National 
     Defense Authorization Act for Fiscal Year 2020 (Public Law 
     116-92) is amended--
       (1) in subsection (b)(1)(C), by striking ``subsection 
     (e)(2)'' and inserting ``section 1032(b) of the National 
     Security Act of 1947'';
       (2) by striking subsections (e) and (f); and
       (3) by redesignating subsections (g) and (h) as subsections 
     (e) and (f), respectively.
       (d) Clerical Amendment.--The table of contents of the 
     National Security Act of 1947 is

[[Page H7636]]

     amended by inserting after the item relating to section 1024 
     the following:

             ``Subtitle D--National Intelligence University

``Sec. 1031. Transfer date.
``Sec. 1032. Degree-granting authority.
``Sec. 1033. Reporting.
``Sec. 1034. Continued applicability of the Federal Advisory Committee 
              Act to the Board of Visitors.''.

     SEC. 306. DATA COLLECTION ON ATTRITION IN INTELLIGENCE 
                   COMMUNITY.

       (a) Standards for Data Collection.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall establish standards for collecting data 
     relating to attrition in the intelligence community workforce 
     across demographics, specialities, and length of service.
       (2) Inclusion of certain candidates.--The Director shall 
     include, in the standards established under paragraph (1), 
     standards for collecting data from candidates who accepted 
     conditional offers of employment but chose to withdraw from 
     the hiring process before entering into service, including 
     data with respect to the reasons such candidates chose to 
     withdraw.
       (b) Collection of Data.--Not later than 120 days after the 
     date of the enactment of this Act, each element of the 
     intelligence community shall begin collecting data on 
     workforce and candidate attrition in accordance with the 
     standards established under subsection (a).
       (c) Annual Report.--Not later than 1 year after the date of 
     the enactment of this Act, and annually thereafter, the 
     Director shall submit to the congressional intelligence 
     committees a report on workforce and candidate attrition in 
     the intelligence community that includes--
       (1) the findings of the Director based on the data 
     collected under subsection (b);
       (2) recommendations for addressing any issues identified in 
     those findings; and
       (3) an assessment of timeliness in processing hiring 
     applications of individuals previously employed by an element 
     of the intelligence community, consistent with the Trusted 
     Workforce 2.0 initiative sponsored by the Security Clearance, 
     Suitability, and Credentialing Performance Accountability 
     Council.

     SEC. 307. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR 
                   PROGRAM MANAGEMENT OF INFORMATION-SHARING 
                   ENVIRONMENT.

       Section 1016(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (6 U.S.C. 485(b)), as amended by 
     section 6402(a) of the National Defense Authorization Act for 
     Fiscal Year 2020 (Public Law 116-92), is further amended--
       (1) in paragraph (1), in the matter before subparagraph 
     (A), by striking ``Director of National Intelligence'' and 
     inserting ``President'';
       (2) in paragraph (2), by striking ``Director of National 
     Intelligence'' both places it appears and inserting 
     ``President''; and
       (3) by adding at the end the following:
       ``(3) Delegation.--
       ``(A) In general.--Subject to subparagraph (B), the 
     President may delegate responsibility for carrying out this 
     subsection.
       ``(B) Limitation.--The President may not delegate 
     responsibility for carrying out this subsection to the 
     Director of National Intelligence.''.

     SEC. 308. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM 
                   AMERICAN SOURCES.

       (a) In General.--Title XI of the National Security Act of 
     1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 1109. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT 
                   FROM AMERICAN SOURCES.

       ``(a) Definitions.--In this section:
       ``(1) Covered element of the intelligence community.--The 
     term `covered element of the intelligence community' means an 
     element of the intelligence community that is not an element 
     of the Department of Defense.
       ``(2) National security satellite.--The term `national 
     security satellite' means a satellite weighing over 400 
     pounds whose principle purpose is to support the national 
     security or intelligence needs of the United States 
     Government.
       ``(3) United states.--The term `United States' means the 
     several States, the District of Columbia, and the territories 
     and possessions of the United States.
       ``(b) Requirement.--Beginning January 1, 2021, except as 
     provided in subsection (c), a covered element of the 
     intelligence community may not award a contract for a 
     national security satellite if the satellite uses a star 
     tracker that is not produced in the United States, including 
     with respect to both the software and the hardware of the 
     star tracker.
       ``(c) Exception.--The head of a covered element of the 
     intelligence community may waive the requirement under 
     subsection (b) if, on a case-by-case basis, the head 
     certifies in writing to the congressional intelligence 
     committees that--
       ``(1) there is no available star tracker produced in the 
     United States that meets the mission and design requirements 
     of the national security satellite for which the star tracker 
     will be used;
       ``(2) the cost of a star tracker produced in the United 
     States is unreasonable, based on a market survey; or
       ``(3) such waiver is necessary for the national security 
     interests of the United States based on an urgent and 
     compelling need.''.
       (b) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 1108 the 
     following new item:

``Sec. 1109. Requirement to buy certain satellite component from 
              American sources.''.

     SEC. 309. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED 
                   PRIMARILY BY INTELLIGENCE COMMUNITY.

       Section 602(a)(2) of the Intelligence Authorization Act for 
     Fiscal Year 1995 (50 U.S.C. 3304(a)(2)) is amended--
       (1) by striking `` $1,000,000'' both places it appears and 
     inserting `` $2,000,000''; and
       (2) by striking ``the Director of National Intelligence 
     shall submit a notification'' and inserting ``the head of 
     such component, in coordination with and subject to the 
     approval of the Director of National Intelligence, shall 
     submit a notification''.

     SEC. 310. INTELLIGENCE COMMUNITY STUDENT LOAN REPAYMENT 
                   PROGRAMS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) student loan repayment programs are a crucial tool in 
     attracting and retaining talented individuals to the 
     intelligence community, particularly individuals from diverse 
     backgrounds;
       (2) generous student loan repayment programs help the 
     intelligence community compete with the private sector for 
     talented employees;
       (3) departments and agencies containing elements of the 
     intelligence community have authority to establish student 
     loan repayment programs either under section 5379 of title 5, 
     United States Code, or under the delegable authority of the 
     Director of National Intelligence under section 102A(n)(1) of 
     the National Security Act of 1947 (50 U.S.C. 3024(n)(1));
       (4) although the Director should use the authority under 
     such section 102A(n)(1) sparingly, and should be exceedingly 
     sparing in delegating such authority to an element of the 
     intelligence community, the Director should approve well-
     predicated requests for such authority in the student loan 
     repayment context if an element of the intelligence community 
     can articulate an impediment to establishing or enhancing a 
     program under section 5379 of title 5, United States Code; 
     and
       (5) student loan repayment programs established by an 
     element of the intelligence community should provide 
     flexibility to intelligence community employees, including 
     employees who pursue loan-financed education in the middle of 
     their careers or after the day on which they first become 
     intelligence community employees.
       (b) Student Loan Repayment Program Standards.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Director of National Intelligence, or a designee of the 
     Director who is an employee of the Office of the Director of 
     National Intelligence, shall establish minimum standards for 
     the repayment of student loans of employees of elements of 
     the intelligence community by such elements of the 
     intelligence community.
       (c) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director shall submit to the 
     appropriate congressional committees a report on the 
     standards established under subsection (b). Such report shall 
     include--
       (1) an explanation of why such minimum standards were 
     established; and
       (2) how such standards advance the goals of--
       (A) attracting and retaining a talented intelligence 
     community workforce;
       (B) competing with private sector companies for talented 
     employees; and
       (C) promoting the development of a diverse workforce.
       (d) Failure To Meet Standards.--Not later than 180 days 
     after the date on which the standards required under 
     subsection (b) are established, the head of an element of the 
     intelligence community that does not meet such standards 
     shall submit to the appropriate congressional committees a 
     report containing an explanation for why such element does 
     not meet such standards and an identification of any 
     additional authority or appropriations required to for the 
     element to meet such standards.
       (e) Submittal of Regulations and Policies to Congress.--Not 
     later than 180 days after the date on which the standards 
     required under subsection (b) are established, the head of an 
     element of the intelligence community shall submit to the 
     appropriate congressional committees a copy of all internal 
     regulations and policies governing the student loan repayment 
     program of that element as well as copies of such policies 
     redacted to remove classified information.
       (f) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Permanent Select Committee on Intelligence of the 
     House of Representatives;
       (2) the Select Committee on Intelligence of the Senate;
       (3) with respect to an element of the intelligence 
     community within the Department of Defense, the Committees on 
     Armed Services of the Senate and House of Representatives;
       (4) with respect to an element of the intelligence 
     community within the Department of Justice, the Committees on 
     the Judiciary of the Senate and House of Representatives;
       (5) with respect to an element of the intelligence 
     community within the Department of Homeland Security, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate and the Committee on Homeland Security of the 
     House of Representatives;
       (6) with respect to an element of the intelligence 
     community within the Department of State, the Committee on 
     Foreign Relations of the Senate and the Committee on Foreign 
     Affairs of the House of Representatives;
       (7) with respect to an element of the intelligence 
     community within the Department of Energy, the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives; and

[[Page H7637]]

       (8) with respect to an element of the intelligence 
     community within the Department of the Treasury, the 
     Committee on Finance of the Senate and the Committee on 
     Financial Services of the House of Representatives.
       (g) Form of Reports.--Each of the reports required under 
     subsections (c) and (d) shall be submitted in unclassified 
     form, but may contain a classified annex.

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

     SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED 
                   STATES ON EFFORTS OF THE INTELLIGENCE COMMUNITY 
                   AND THE DEPARTMENT OF DEFENSE TO IDENTIFY AND 
                   MITIGATE RISKS POSED TO THE INTELLIGENCE 
                   COMMUNITY AND THE DEPARTMENT BY THE USE OF 
                   DIRECT-TO-CONSUMER GENETIC TESTING BY THE 
                   GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Assessment Required.--The Comptroller General of the 
     United States shall assess the efforts of the intelligence 
     community and the Department of Defense to identify and 
     mitigate the risks posed to the intelligence community and 
     the Department by the use of direct-to-consumer genetic 
     testing by the Government of the People's Republic of China.
       (b) Report Required.--
       (1) Definition of united states direct-to-consumer genetic 
     testing company.--In this subsection, the term ``United 
     States direct-to-consumer genetic testing company'' means a 
     private entity that--
       (A) carries out direct-to-consumer genetic testing; and
       (B) is organized under the laws of the United States or any 
     jurisdiction within the United States.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Comptroller General shall 
     submit to Congress, including the congressional intelligence 
     committees, the Committee on Armed Services of the Senate, 
     and the Committee on Armed Services of the House of 
     Representatives, a report on the assessment required by 
     subsection (a).
       (3) Elements.--The report required by paragraph (2) shall 
     include the following:
       (A) A description of key national security risks and 
     vulnerabilities associated with direct-to-consumer genetic 
     testing, including--
       (i) how the Government of the People's Republic of China 
     may be using data provided by personnel of the intelligence 
     community and the Department through direct-to-consumer 
     genetic tests; and
       (ii) how ubiquitous technical surveillance may amplify 
     those risks.
       (B) An assessment of the extent to which the intelligence 
     community and the Department have identified risks and 
     vulnerabilities posed by direct-to-consumer genetic testing 
     and have sought to mitigate such risks and vulnerabilities, 
     or have plans for such mitigation, including the extent to 
     which the intelligence community has determined--
       (i) in which United States direct-to-consumer genetic 
     testing companies the Government of the People's Republic of 
     China or entities owned or controlled by the Government of 
     the People's Republic of China have an ownership interest; 
     and
       (ii) which United States direct-to-consumer genetic testing 
     companies may have sold data to the Government of the 
     People's Republic of China or entities owned or controlled by 
     the Government of the People's Republic of China.
       (C) Such recommendations as the Comptroller General may 
     have for action by the intelligence community and the 
     Department to improve the identification and mitigation of 
     risks and vulnerabilities posed by the use of direct-to-
     consumer genetic testing by the Government of the People's 
     Republic of China.
       (4) Form.--The report required by paragraph (2) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (c) Cooperation.--The heads of relevant elements of the 
     intelligence community and components of the Department 
     shall--
       (1) fully cooperate with the Comptroller General in 
     conducting the assessment required by subsection (a); and
       (2) provide any information and data required by the 
     Comptroller General to conduct the assessment, consistent 
     with Intelligence Community Directive 114 or successor 
     directive.

     SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING 
                   FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES 
                   PRACTICES TO ASSURE QUALITY AND DIVERSITY IN 
                   THE WORKFORCE OF THE INTELLIGENCE COMMUNITY.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a report on how elements of the intelligence 
     community are exercising hiring flexibilities and expedited 
     human resources practices afforded under section 3326 of 
     title 5, United States Code, and subpart D of part 315 of 
     title 5, Code of Federal Regulations, or successor 
     regulation, to assure quality and diversity in the workforce 
     of the intelligence community.
       (b) Obstacles.--The report submitted under subsection (a) 
     shall include identification of any obstacles encountered by 
     the intelligence community in exercising the authorities 
     described in such subsection.

     SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND 
                   REQUIREMENTS.

       (a) Report Required.--Not later than 30 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees, the majority and minority leaders of the Senate, 
     and the Speaker and minority leader of the House of 
     Representatives a report on signals intelligence priorities 
     and requirements subject to Presidential Policy Directive 28.
       (b) Elements.--The report required by subsection (a) shall 
     cover the following:
       (1) The implementation of the annual process for advising 
     the Director on signals intelligence priorities and 
     requirements described in section 3 of Presidential Policy 
     Directive 28.
       (2) The signals intelligence priorities and requirements as 
     of the most recent annual process.
       (3) The application of such priorities and requirements to 
     the signals intelligence collection efforts of the 
     intelligence community.
       (c) Contents of Classified Annex Referenced in Section 3 of 
     Presidential Policy Directive 28.--Not later than 30 days 
     after the date of the enactment of this Act, in addition to 
     the report submitted under subsection (a), the Director shall 
     submit to the chairmen and ranking minority members of the 
     congressional intelligence committees, the majority and 
     minority leaders of the Senate, and the Speaker and minority 
     leader of the House of Representatives the contents of the 
     classified annex referenced in section 3 of Presidential 
     Policy Directive 28.
       (d) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT 
                   PROGRAM BENEFIT.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, the head of each element of the 
     intelligence community shall--
       (1) calculate the number of personnel of that element who 
     qualify for a student loan repayment program benefit;
       (2) compare the number calculated under paragraph (1) to 
     the number of personnel who apply for such a benefit;
       (3) provide recommendations for how to structure such a 
     program to optimize participation and enhance the 
     effectiveness of the benefit as a retention tool, including 
     with respect to the amount of the benefit offered and the 
     length of time an employee receiving a benefit is required to 
     serve under a continuing service agreement; and
       (4) identify any shortfall in funds or authorities needed 
     to provide such a benefit.
       (b) Inclusion in Fiscal Year 2022 Budget Submission.--The 
     Director of National Intelligence shall include in the budget 
     justification materials submitted to Congress in support of 
     the budget for the intelligence community for fiscal year 
     2022 (as submitted with the budget of the President under 
     section 1105(a) of title 31, United States Code) a report on 
     the findings of the elements of the intelligence community 
     under subsection (a).

     SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR 
                   CHILD CARE.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of National 
     Intelligence, in coordination with the heads of the elements 
     of the intelligence community specified in subsection (b), 
     shall submit to the congressional intelligence committees a 
     report that includes--
       (1) a calculation of the total annual demand for child care 
     by employees of such elements, at or near the workplaces of 
     such employees, including a calculation of the demand for 
     early morning and evening child care;
       (2) an identification of any shortfall between the demand 
     calculated under paragraph (1) and the child care supported 
     by such elements as of the date of the report;
       (3) an assessment of options for addressing any such 
     shortfall, including options for providing child care at or 
     near the workplaces of employees of such elements;
       (4) an identification of the advantages, disadvantages, 
     security requirements, and costs associated with each such 
     option;
       (5) a plan to meet, by the date that is 5 years after the 
     date of the report--
       (A) the demand calculated under paragraph (1); or
       (B) an alternative standard established by the Director for 
     child care available to employees of such elements; and
       (6) an assessment of needs of specific elements of the 
     intelligence community, including any Government-provided 
     child care that could be collocated with a workplace of 
     employees of such an element and any available child care 
     providers in the proximity of such a workplace.
       (b) Elements Specified.--The elements of the intelligence 
     community specified in this subsection are the following:
       (1) The Central Intelligence Agency.
       (2) The National Security Agency.
       (3) The Defense Intelligence Agency.
       (4) The National Geospatial-Intelligence Agency.
       (5) The National Reconnaissance Office.
       (6) The Office of the Director of National Intelligence.

     SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR 
                   THE INTELLIGENCE COMMUNITY.

       (a) Requirement for Survey and Evaluation of Customer 
     Feedback.--Not later than 90 days after the date of the 
     enactment of this Act, the Director of National Intelligence, 
     in coordination with the head of each element of the 
     intelligence community, shall--
       (1) conduct a survey of the open source intelligence 
     requirements, goals, monetary and property investments, and 
     capabilities for each element of the intelligence community; 
     and
       (2) evaluate the usability and utility of the Open Source 
     Enterprise by soliciting customer feedback and evaluating 
     such feedback.
       (b) Requirement for Overall Strategy and for Intelligence 
     Community, Plan for Improving Usability of Open Source 
     Enterprise, and Risk Analysis of Creating Open Source 
     Center.--Not later than 180 days after the date of the 
     enactment of this Act, the Director, in coordination with the 
     head of each element of the intelligence community and using

[[Page H7638]]

     the findings of the Director with respect to the survey 
     conducted under subsection (a), shall--
       (1) develop a strategy for open source intelligence 
     collection, analysis, and production that defines the 
     overarching goals, roles, responsibilities, and processes for 
     such collection, analysis, and production for the 
     intelligence community;
       (2) develop a plan for improving usability and utility of 
     the Open Source Enterprise based on the customer feedback 
     solicited under subsection (a)(2); and
       (3) conduct a risk and benefit analysis of creating an open 
     source center independent of any current intelligence 
     community element.
       (c) Requirement for Plan for Centralized Data Repository.--
     Not later than 270 days after the date of the enactment of 
     this Act and using the findings of the Director with respect 
     to the survey and evaluation conducted under subsection (a), 
     the strategy and plan developed under subsection (b), and the 
     risk and benefit analysis conducted under such subsection, 
     the Director shall develop a plan for a centralized data 
     repository of open source intelligence that enables all 
     elements of the intelligence community--
       (1) to use such repository for their specific requirements; 
     and
       (2) to derive open source intelligence advantages.
       (d) Requirement for Cost-sharing Model.--Not later than 1 
     year after the date of the enactment of this Act and using 
     the findings of the Director with respect to the survey and 
     evaluation conducted under subsection (a), the strategy and 
     plan developed under subsection (b), the risk and benefit 
     analysis conducted under such subsection, and the plan 
     developed under subsection (c), the Director shall develop a 
     cost-sharing model that leverages the open source 
     intelligence investments of each element of the intelligence 
     community for the beneficial use of the entire intelligence 
     community.
       (e) Congressional Briefing.--Not later than 1 year after 
     the date of the enactment of this Act, the Director of 
     National Intelligence, the Director of the Central 
     Intelligence Agency, the Director of the Defense Intelligence 
     Agency, the Director of the National Geospatial-Intelligence 
     Agency, and the Director of the National Security Agency 
     shall jointly brief the congressional intelligence committees 
     on--
       (1) the strategy developed under paragraph (1) of 
     subsection (b);
       (2) the plan developed under paragraph (2) of such 
     subsection;
       (3) the plan developed under subsection (c); and
       (4) the cost-sharing model developed under subsection (d).

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

     SEC. 401. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR 
                   ANALYTIC OBJECTIVITY.

       (a) Office of the Ombudsman for Analytic Objectivity.--The 
     Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 24. OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.

       ``(a) Establishment.--
       ``(1) In general.--There is established in the Agency an 
     Office of the Ombudsman for Analytic Objectivity (in this 
     section referred to as the `Office').
       ``(2) Appointment of ombudsman.--The Office shall be headed 
     by an Ombudsman, who shall be appointed by the Director from 
     among current or former senior staff officers of the Agency.
       ``(b) Duties and Responsibilities.--The Ombudsman shall--
       ``(1) on an annual basis, conduct a survey of analytic 
     objectivity among officers and employees of the Agency;
       ``(2) implement a procedure by which any officer or 
     employee of the Agency may submit to the Office a complaint 
     alleging politicization, bias, lack of objectivity, or other 
     issues relating to a failure of tradecraft in analysis 
     conducted by the Agency;
       ``(3) except as provided in paragraph (4), upon receiving a 
     complaint submitted pursuant to paragraph (2), take 
     reasonable action to investigate the complaint, make a 
     determination as to whether the incident described in the 
     complaint involved politicization, bias, or lack of 
     objectivity, and prepare a report that--
       ``(A) summarizes the facts relevant to the complaint;
       ``(B) documents the determination of the Ombudsman with 
     respect to the complaint; and
       ``(C) contains a recommendation for remedial action;
       ``(4) if a complaint submitted pursuant to paragraph (2) 
     alleges politicization, bias, or lack of objectivity in the 
     collection of intelligence information, refer the complaint 
     to the official responsible for supervising collection 
     operations of the Agency; and
       ``(5) continuously monitor changes in areas of analysis 
     that the Ombudsman determines involve a heightened risk of 
     politicization, bias, or lack of objectivity, to ensure that 
     any change in the analytic line arises from proper 
     application of analytic tradecraft and not as a result of 
     politicization, bias, or lack of objectivity.
       ``(c) Reports.--(1) On an annual basis, the Ombudsman shall 
     submit to the intelligence committees a report on the results 
     of the survey conducted pursuant to subsection (b)(1) with 
     respect to the most recent fiscal year.
       ``(2) On an annual basis, the Ombudsman shall submit to the 
     intelligence committees a report that includes--
       ``(A) the number of complaints of submitted pursuant to 
     subsection (b)(2) during the most recent fiscal year; and
       ``(B) a description of the nature of such complaints, the 
     actions taken by the Office or any other relevant element or 
     component of the Agency with respect to such complaints, and 
     the resolution of such complaints.
       ``(3) On a quarterly basis, the Ombudsman shall submit to 
     the intelligence committees a report that includes--
       ``(A) a list of the areas of analysis monitored during the 
     most recent calendar quarter pursuant to subsection (b)(5); 
     and
       ``(B) a brief description of the methods by which the 
     Office has conducted such monitoring.
       ``(d) Intelligence Committees Defined.--In this section, 
     the term `intelligence committees' means the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.''.
       (b) Reference.--Any reference in any law, regulation, map, 
     document, paper, or other record of the United States to the 
     Ombudsman for Analytic and Collection Objectivity of the 
     Central Intelligence Agency shall be deemed to be a reference 
     to the Office of the Ombudsman for Analytic Objectivity of 
     the Central Intelligence Agency established by section 24(a) 
     of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
     3501 et seq.), as added by subsection (a).
       (c) Report on Surveys for Fiscal Years 2018 and 2019.--Not 
     later than 10 days after the date of the enactment of this 
     Act, the Director of the Central Intelligence Agency shall 
     submit to the congressional intelligence committees any 
     reports previously prepared by the Ombudsman for Analytic and 
     Collection Objectivity with respect to the surveys of 
     analytic objectivity conducted for fiscal years 2018 and 
     2019.

     SEC. 402. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO 
                   ATTRACT EXPERTS IN SCIENCE AND ENGINEERING.

       Section 1599h of title 10, United States Code, is amended--
       (1) in subsection (a), by adding at the end the following 
     new paragraph:
       ``(7) NGA.--The Director of the National Geospatial-
     Intelligence Agency may carry out a program of personnel 
     management authority provided in subsection (b) in order to 
     facilitate recruitment of eminent experts in science or 
     engineering for research and development projects and to 
     enhance the administration and management of the Agency.'';
       (2) in subsection (b)(1)--
       (A) in subparagraph (E), by striking ``; and'';
       (B) in subparagraph (F), by striking the semicolon and 
     inserting ``; and''; and
       (C) by adding at the end the following new subparagraph:
       ``(G) in the case of the National Geospatial-Intelligence 
     Agency, appoint individuals to a total of not more than 7 
     positions in the Agency, of which not more than 2 such 
     positions may be positions of administration or management in 
     the Agency;''; and
       (3) in subsection (c)(2), by striking ``or the Joint 
     Artificial Intelligence Center'' and inserting ``the Joint 
     Artificial Intelligence Center, or the National Geospatial-
     Intelligence Agency''.

     SEC. 403. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR 
                   DISTINGUISHED FEMALE PERSONNEL OF THE NATIONAL 
                   SECURITY AGENCY.

       The National Security Agency Act of 1959 (50 U.S.C. 3601 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 21. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR 
                   DISTINGUISHED FEMALE PERSONNEL.

       ``(a) Establishment.--The Director of the National Security 
     Agency shall establish an honorary award for the recognition 
     of female personnel of the National Security Agency for 
     distinguished career contributions in support of the mission 
     of the Agency as civilian employees or members of the Armed 
     Forces assigned to the Agency. The award shall be known as 
     the `Senior Chief Petty Officer Shannon Kent Award' and shall 
     consist of a design determined appropriate by the Director.
       ``(b) Award.--The Director shall award the Senior Chief 
     Petty Officer Shannon Kent Award to female civilian 
     employees, members of the Armed Forces, or former civilian 
     employees or members, whom the Director determines meet the 
     criteria under subsection (a).''.

     SEC. 404. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND 
                   CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.

       (a) Program.--Subtitle D of title XIII of the Homeland 
     Security Act of 2002 (5 U.S.C. 3301 note et seq.) is amended 
     by adding at the end the following new section:

     ``SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY 
                   FELLOWSHIP PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate committees of congress.--The term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Homeland Security and Governmental 
     Affairs and the Select Committee on Intelligence of the 
     Senate; and
       ``(B) the Committee on Homeland Security and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       ``(2) Excepted service.--The term `excepted service' has 
     the meaning given that term in section 2103 of title 5, 
     United States Code.
       ``(3) Historically black college or university.--The term 
     `historically Black college or university' has the meaning 
     given the term `part B institution' in section 322 of the 
     Higher Education Act of 1965 (20 U.S.C. 1061).
       ``(4) Institution of higher education.--The term 
     `institution of higher education' has the meaning given that 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       ``(5) Minority-serving institution.--The term `minority-
     serving institution' means an institution of higher education 
     described in section 371(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1067q(a)).

[[Page H7639]]

       ``(b) Program.--The Secretary shall carry out an 
     intelligence and cybersecurity diversity fellowship program 
     (in this section referred to as the `Program') under which an 
     eligible individual may--
       ``(1) participate in a paid internship at the Department 
     that relates to intelligence, cybersecurity, or some 
     combination thereof;
       ``(2) receive tuition assistance from the Secretary; and
       ``(3) upon graduation from an institution of higher 
     education and successful completion of the Program (as 
     defined by the Secretary), receive an offer of employment to 
     work in an intelligence or cybersecurity position of the 
     Department that is in the excepted service.
       ``(c) Eligibility.--To be eligible to participate in the 
     Program, an individual shall--
       ``(1) be a citizen of the United States; and
       ``(2) as of the date of submitting the application to 
     participate in the Program--
       ``(A) have a cumulative grade point average of at least 3.2 
     on a 4.0 scale;
       ``(B) be a socially disadvantaged individual (as that term 
     in defined in section 124.103 of title 13, Code of Federal 
     Regulations, or successor regulation); and
       ``(C) be a sophomore, junior, or senior at an institution 
     of higher education.
       ``(d) Direct Hire Authority.--If an individual who receives 
     an offer of employment under subsection (b)(3) accepts such 
     offer, the Secretary shall appoint, without regard to 
     provisions of subchapter I of chapter 33 of title 5, United 
     States Code, (except for section 3328 of such title) such 
     individual to the position specified in such offer.
       ``(e) Reports.--
       ``(1) Reports.--Not later than 1 year after the date of the 
     enactment of this section, and on an annual basis thereafter, 
     the Secretary shall submit to the appropriate committees of 
     Congress a report on the Program.
       ``(2) Matters.--Each report under paragraph (1) shall 
     include, with respect to the most recent year, the following:
       ``(A) A description of outreach efforts by the Secretary to 
     raise awareness of the Program among institutions of higher 
     education in which eligible individuals are enrolled.
       ``(B) Information on specific recruiting efforts conducted 
     by the Secretary to increase participation in the Program.
       ``(C) The number of individuals participating in the 
     Program, listed by the institution of higher education in 
     which the individual is enrolled at the time of 
     participation, and information on the nature of such 
     participation, including on whether the duties of the 
     individual under the Program relate primarily to intelligence 
     or to cybersecurity.
       ``(D) The number of individuals who accepted an offer of 
     employment under the Program and an identification of the 
     element within the Department to which each individual was 
     appointed.''.
       (b) Clerical Amendment.--The table of contents for such Act 
     is amended by inserting after the item relating to section 
     1332 the following new item:

``Sec. 1333. Intelligence and cybersecurity diversity fellowship 
              program.''.

     SEC. 405. CLIMATE SECURITY ADVISORY COUNCIL.

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

           TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

     SEC. 501. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE 
                   CENTRAL INTELLIGENCE AGENCY TO IMPROVE 
                   EDUCATION IN SCIENCE, TECHNOLOGY, ENGINEERING, 
                   ARTS, AND MATHEMATICS.

       The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 
     et seq.), as amended by section 401, is further amended by 
     adding at the end the following:

     ``SEC. 25. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY, 
                   ENGINEERING, ARTS, AND MATHEMATICS.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' includes 
     a department or agency of the Federal Government, a State, a 
     political subdivision of a State, an individual, and a not-
     for-profit or other organization in the private sector.
       ``(2) Educational institution.--The term `educational 
     institution' includes any public or private elementary school 
     or secondary school, institution of higher education, 
     college, university, or any other profit or nonprofit 
     institution that is dedicated to improving science, 
     technology, engineering, the arts, mathematics, business, 
     law, medicine, or other fields that promote development and 
     education relating to science, technology, engineering, the 
     arts, or mathematics.
       ``(3) State.--The term `State' means each of the several 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, the Commonwealth of the Northern Mariana Islands, and 
     any other territory or possession of the United States.
       ``(b) Requirements.--The Director shall, on a continuing 
     basis--
       ``(1) identify actions that the Director may take to 
     improve education in the scientific, technology, engineering, 
     arts, and mathematics (known as `STEAM') skills necessary to 
     meet the long-term national security needs of the United 
     States for personnel proficient in such skills; and
       ``(2) establish and conduct programs to carry out such 
     actions.
       ``(c) Authorities.--
       ``(1) In general.--The Director, in support of educational 
     programs in science, technology, engineering, the arts, and 
     mathematics, may--
       ``(A) award grants to eligible entities;
       ``(B) provide cash awards and other items to eligible 
     entities;
       ``(C) accept voluntary services from eligible entities;
       ``(D) support national competition judging, other 
     educational event activities, and associated award ceremonies 
     in connection with such educational programs; and
       ``(E) enter into one or more education partnership 
     agreements with educational institutions in the United States 
     for the purpose of encouraging and enhancing study in 
     science, technology, engineering, the arts, and mathematics 
     disciplines at all levels of education.
       ``(2) Education partnership agreements.--
       ``(A) Nature of assistance provided.--Under an education 
     partnership agreement entered into with an educational 
     institution under paragraph (1)(E), the Director may provide 
     assistance to the educational institution by--
       ``(i) loaning equipment to the educational institution for 
     any purpose and duration in support of such agreement that 
     the Director considers appropriate;
       ``(ii) making personnel available to teach science courses 
     or to assist in the development of science courses and 
     materials for the educational institution;
       ``(iii) providing sabbatical opportunities for faculty and 
     internship opportunities for students;
       ``(iv) involving faculty and students of the educational 
     institution in Agency projects, including research and 
     technology transfer or transition projects;
       ``(v) cooperating with the educational institution in 
     developing a program under which students may be given 
     academic credit for work on Agency projects, including 
     research and technology transfer for transition projects; and
       ``(vi) providing academic and career advice and assistance 
     to students of the educational institution.
       ``(B) Priorities.--In entering into education partnership 
     agreements under paragraph (1)(E), the Director shall 
     prioritize entering into education partnership agreements 
     with the following:
       ``(i) Historically Black colleges and universities and 
     other minority-serving institutions, as described in section 
     371(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1067q(a)).
       ``(ii) Educational institutions serving women, members of 
     minority groups, and other groups of individuals who 
     traditionally are involved in the science, technology, 
     engineering, arts, and mathematics professions in 
     disproportionately low numbers.
       ``(d) Designation of Advisor.--The Director shall designate 
     one or more individuals within the Agency to advise and 
     assist the Director regarding matters relating to science, 
     technology, engineering, the arts, and mathematics education 
     and training.''.

     SEC. 502. SEEDLING INVESTMENT IN NEXT-GENERATION 
                   MICROELECTRONICS IN SUPPORT OF ARTIFICIAL 
                   INTELLIGENCE.

       (a) Findings.--Congress finds that--
       (1) developing faster, more energy efficient, and more 
     resilient computing is important to the future of the 
     national security of the United States and the leadership by 
     the United States in artificial intelligence; and
       (2) multidisciplinary teams co-designing microelectronics 
     for artificial intelligence will lead to unprecedented 
     capabilities that will help ensure that the United States 
     maintains its superiority in this worldwide competition for 
     economic and national security.
       (b) Awards for Research and Development.--The Director of 
     National Intelligence, acting through the Director of the 
     Intelligence Advanced Research Projects Activity, shall award 
     contracts or grants, or enter into transactions other than 
     contracts, to encourage microelectronics research.
       (c) Use of Funds.--The Director shall award contracts or 
     grants to, or enter into transactions other than contracts 
     with, entities under subsection (b) to carry out any of the 
     following:
       (1) Advanced engineering and applied research into novel 
     computing models, materials, devices, architectures, or 
     algorithms to enable the advancement of artificial 
     intelligence and machine learning.
       (2) Research efforts to--
       (A) overcome challenges with engineering and applied 
     research of microelectronics, including with respect to the 
     physical limits on transistors, electrical interconnects, and 
     memory elements; or
       (B) promote long-term advancements in computing 
     technologies, including by fostering a unified and 
     multidisciplinary approach encompassing research and 
     development into algorithm design, computing architectures, 
     microelectronic devices and circuits, and the chemistry and 
     physics of new materials.

[[Page H7640]]

       (3) Any other activity the Director determines would 
     promote the development of microelectronics research.
       (d) Award Amounts.--In awarding contracts or grants, or 
     entering into transactions other than contracts, under 
     subsection (b), the Director may award not more than a total 
     of $15,000,000.

                  TITLE VI--REPORTS AND OTHER MATTERS

     SEC. 601. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD 
                   TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT 
                   AND SERVICES FOR, OR TO PROVIDE SUCH EQUIPMENT 
                   AND SERVICES TO, CERTAIN ALLIES OF THE UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Armed Services and the Select 
     Committee on Intelligence of the Senate; and
       (B) the Committee on Armed Services and the Permanent 
     Select Committee on Intelligence of the House of 
     Representatives.
       (2) Five eyes country.--The term ``Five Eyes country'' 
     means any of the following:
       (A) Australia.
       (B) Canada.
       (C) New Zealand.
       (D) The United Kingdom.
       (E) The United States.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Central 
     Intelligence Agency, the Director of the National Security 
     Agency, and the Director of the Defense Intelligence Agency 
     shall jointly submit to the appropriate committees of 
     Congress a report on attempts by foreign adversaries to build 
     telecommunications and cybersecurity equipment and services 
     for, or to provide such equipment and services to, Five Eyes 
     countries.
       (c) Elements.--The report submitted under subsection (b) 
     shall include the following:
       (1) An assessment of United States intelligence sharing and 
     intelligence and military force posture in any Five Eyes 
     country that currently uses or intends to use 
     telecommunications or cybersecurity equipment or services 
     provided by a foreign adversary of the United States, 
     including China and Russia.
       (2) A description and assessment of mitigation of any 
     potential compromises or risks for any circumstance described 
     in paragraph (1).
       (d) Form.--The report required by subsection (b) shall 
     include an unclassified executive summary, and may include a 
     classified annex.

     SEC. 602. REPORT ON THREATS POSED BY USE BY FOREIGN 
                   GOVERNMENTS AND ENTITIES OF COMMERCIALLY 
                   AVAILABLE CYBER INTRUSION AND SURVEILLANCE 
                   TECHNOLOGY.

       (a) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the threats posed by the use by foreign governments and 
     entities of commercially available cyber intrusion and other 
     surveillance technology.
       (b) Contents.--The report required by subsection (a) shall 
     include the following:
       (1) Matters relating to threats described in subsection (a) 
     as they pertain to the following:
       (A) The threat posed to United States persons and persons 
     inside the United States.
       (B) The threat posed to United States personnel overseas.
       (C) The threat posed to employees of the Federal 
     Government, including through both official and personal 
     accounts and devices.
       (2) A description of which foreign governments and entities 
     pose the greatest threats from the use of technology 
     described in subsection (a) and the nature of those threats.
       (3) An assessment of the source of the commercially 
     available cyber intrusion and other surveillance technology 
     that poses the threats described in subsection (a), including 
     whether such technology is made by United States companies or 
     companies in the United States or by foreign companies.
       (4) An assessment of actions taken, as of the date of the 
     enactment of this Act, by the Federal Government and foreign 
     governments to limit the export of technology described in 
     subsection (a) from the United States or foreign countries to 
     foreign governments and entities in ways that pose the 
     threats described in such subsection.
       (5) Matters relating to how the Federal Government, 
     Congress, and foreign governments can most effectively 
     mitigate the threats described in subsection (a), including 
     matters relating to the following:
       (A) Working with the technology and telecommunications 
     industry to identify and improve the security of consumer 
     software and hardware used by United States persons and 
     persons inside the United States that is targeted by 
     commercial cyber intrusion and surveillance software.
       (B) Export controls.
       (C) Diplomatic pressure.
       (D) Trade agreements.
       (c) Form.--The report submitted under subsection (a) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 603. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE 
                   SOLARIUM COMMISSION.

       (a) Appropriate Committees of Congress.--In this section, 
     the term ``appropriate committees of Congress'' means--
       (1) the Committee on Armed Services, the Select Committee 
     on Intelligence, the Committee on Homeland Security and 
     Governmental Affairs, the Committee on Commerce, Science, and 
     Transportation, and the Committee on Energy and Natural 
     Resources of the Senate; and
       (2) the Committee on Armed Services, the Permanent Select 
     Committee on Intelligence, the Committee on Homeland 
     Security, the Committee on Science, Space, and Technology, 
     and the Committee on Energy and Commerce of the House of 
     Representatives.
       (b) Reports Required.--Not later than 180 days after the 
     date of the enactment of this Act, each head of an agency 
     described in subsection (c) shall submit to the appropriate 
     committees of Congress a report on the recommendations 
     included in the report issued by the Cyberspace Solarium 
     Commission under section 1652(k) of the John S. McCain 
     National Defense Authorization Act for Fiscal Year 2019 
     (Public Law 115-232).
       (c) Agencies Described.--The agencies described in this 
     subsection are the following:
       (1) The Office of the Director of National Intelligence.
       (2) The Department of Homeland Security.
       (3) The Department of Energy.
       (4) The Department of Commerce.
       (5) The Department of Defense.
       (d) Contents.--Each report submitted under subsection (b) 
     by the head of an agency described in subsection (c) shall 
     include the following:
       (1) An evaluation of the recommendations in the report 
     described in subsection (b) that the agency identifies as 
     pertaining directly to the agency.
       (2) A description of the actions taken, or the actions that 
     the head of the agency may consider taking, to implement any 
     of the recommendations (including a comprehensive estimate of 
     requirements for appropriations to take such actions).

     SEC. 604. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING 
                   TO ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND 
                   SEMICONDUCTORS AND RELATED SUPPLY CHAINS.

       (a) Assessment Required.--Not later than 180 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall complete a detailed assessment of critical 
     technology trends relating to artificial intelligence, 
     microchips, and semiconductors and related supply chains.
       (b) Elements.--The assessment required by subsection (a) 
     shall include the following:
       (1) Export controls.--
       (A) In general.--An assessment of efforts by partner 
     countries to enact and implement export controls and other 
     technology transfer measures with respect to artificial 
     intelligence, microchips, advanced manufacturing equipment, 
     and other artificial intelligence enabled technologies 
     critical to United States supply chains.
       (B) Identification of opportunities for cooperation.--The 
     assessment under subparagraph (A) shall identify 
     opportunities for further cooperation with international 
     partners on a multilateral and bilateral basis to strengthen 
     export control regimes and address technology transfer 
     threats.
       (2) Semiconductor supply chains.--
       (A) In general.--An assessment of global semiconductor 
     supply chains, including areas to reduce United States 
     vulnerabilities and maximize points of leverage.
       (B) Analysis of potential effects.--The assessment under 
     subparagraph (A) shall include an analysis of the potential 
     effects of significant geopolitical shifts, including those 
     related to Taiwan.
       (C) Identification of opportunities for diversification.--
     The assessment under subparagraph (A) shall also identify 
     opportunities for diversification of United States supply 
     chains, including an assessment of cost, challenges, and 
     opportunities to diversify manufacturing capabilities on a 
     multinational basis.
       (3) Computing power.--An assessment of trends relating to 
     computing power and the effect of such trends on global 
     artificial intelligence development and implementation, in 
     consultation with the Director of the Intelligence Advanced 
     Research Projects Activity, the Director of the Defense 
     Advanced Research Projects Agency, and the Director of the 
     National Institute of Standards and Technology, including 
     forward-looking assessments of how computing resources may 
     affect United States national security, innovation, and 
     implementation relating to artificial intelligence.
       (c) Report.--
       (1) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on Foreign Relations, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Financial 
     Services, the Committee on Foreign Affairs, and the Committee 
     on Homeland Security of the House of Representatives.
       (2) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director shall submit to the 
     appropriate committees of Congress a report on the findings 
     of the Director with respect to the assessment completed 
     under subsection (a).
       (3) Form.--The report submitted under paragraph (2) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

[[Page H7641]]

  


     SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE 
                   UNITED STATES AND STRENGTHENING CIVIL LIBERTIES 
                   PROTECTIONS.

       (a) Updates to Annual Reports on Influence Operations and 
     Campaigns in the United States by the Chinese Communist 
     Party.--Section 1107(b) of the National Security Act of 1947 
     (50 U.S.C. 3237(b)) is amended--
       (1) by redesignating paragraph (8) as paragraph (9); and
       (2) by inserting after paragraph (7) the following:
       ``(8) An identification of influence activities and 
     operations employed by the Chinese Communist Party against 
     the United States science and technology sectors, 
     specifically employees of the United States Government, 
     researchers, scientists, and students in the science and 
     technology sector in the United States.''.
       (b) Plan for Federal Bureau of Investigation to Increase 
     Public Awareness and Detection of Influence Activities by the 
     Government of the People's Republic of China.--
       (1) Plan required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Federal 
     Bureau of Investigation shall submit to the congressional 
     intelligence committees a plan to increase public awareness 
     of influence activities by the Government of the People's 
     Republic of China.
       (2) Consultation.--In carrying out paragraph (1), the 
     Director shall consult with the following:
       (A) The Director of the Office of Science and Technology 
     Policy.
       (B) Such other stakeholders outside the intelligence 
     community, including professional associations, institutions 
     of higher education, businesses, and civil rights and 
     multicultural organizations, as the Director determines 
     relevant.
       (c) Recommendations of the Federal Bureau of Investigation 
     to Strengthen Relationships and Build Trust With Communities 
     of Interest.--
       (1) In general.--The Director of the Federal Bureau of 
     Investigation, in consultation with the Assistant Attorney 
     General for the Civil Rights Division and the Chief Privacy 
     and Civil Liberties Officer of the Department of Justice, 
     shall develop recommendations to strengthen relationships 
     with communities targeted by influence activities of the 
     Government of the People's Republic of China and build trust 
     with such communities through local and regional grassroots 
     outreach.
       (2) Submittal to congress.--Not later than 1 year after the 
     date of the enactment of this Act, the Director shall submit 
     to Congress the recommendations developed under paragraph 
     (1).
       (d) Technical Corrections.--The National Security Act of 
     1947 (50 U.S.C. 3001 et seq.) is amended--
       (1) in section 1107 (50 U.S.C. 3237)--
       (A) in the section heading, by striking ``COMMUNIST PARTY 
     OF CHINA'' and inserting ``CHINESE COMMUNIST PARTY''; and
       (B) by striking ``Communist Party of China'' both places it 
     appears and inserting ``Chinese Communist Party''; and
       (2) in the table of contents before section 2 (50 U.S.C. 
     3002), by striking the item relating to section 1107 and 
     inserting the following new item:

``Sec. 1107. Annual reports on influence operations and campaigns in 
              the United States by the Chinese Communist Party.''.

     SEC. 606. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR 
                   OFFICIALS OF THE CHINESE COMMUNIST PARTY.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Annual Report Required.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, and annually thereafter through 
     2025, the Director of the Central Intelligence Agency shall 
     submit to the appropriate committees of Congress a report on 
     the corruption and corrupt activities of senior officials of 
     the Chinese Communist Party.
       (2) Elements.--
       (A) In general.--Each report under paragraph (1) shall 
     include the following:
       (i) A description of the wealth of, and corruption and 
     corrupt activities among, senior officials of the Chinese 
     Communist Party.
       (ii) A description of any recent actions of the officials 
     described in clause (i) that could be considered a violation, 
     or potential violation, of United States law.
       (iii) A description and assessment of targeted financial 
     measures, including potential targets for designation of the 
     officials described in clause (i) for the corruption and 
     corrupt activities described in that clause and for the 
     actions described in clause (ii).
       (B) Scope of reports.--The first report under paragraph (1) 
     shall include comprehensive information on the matters 
     described in subparagraph (A). Any succeeding report under 
     paragraph (1) may consist of an update or supplement to the 
     preceding report under that subsection.
       (3) Coordination.--In preparing each report, update, or 
     supplement under this subsection, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (A) In preparing the description required by clause (i) of 
     paragraph (2)(A), the Director of the Central Intelligence 
     Agency shall coordinate with the head of the Office of 
     Intelligence and Analysis of the Department of the Treasury 
     and the Director of the Federal Bureau of Investigation.
       (B) In preparing the descriptions required by clauses (ii) 
     and (iii) of such paragraph, the Director of the Central 
     Intelligence Agency shall coordinate with the head of the 
     Office of Intelligence and Analysis of the Department of the 
     Treasury.
       (4) Form.--Each report under paragraph (1) shall include an 
     unclassified executive summary, and may include a classified 
     annex.
       (c) Sense of Congress.--It is the sense of Congress that 
     the United States should undertake every effort and pursue 
     every opportunity to expose the corruption and illicit 
     practices of senior officials of the Chinese Communist Party, 
     including President Xi Jinping.

     SEC. 607. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER 
                   EASTERN EUROPEAN OLIGARCHS.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Banking, Housing, and Urban Affairs, 
     the Committee on Finance, the Committee on Foreign Relations, 
     and the Select Committee on Intelligence of the Senate; and
       (2) the Committee on Financial Services, the Committee on 
     Foreign Affairs, the Committee on Ways and Means, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.
       (b) Report Required.--Not later than 100 days after the 
     date of the enactment of this Act, the Director of the 
     Central Intelligence Agency shall submit to the appropriate 
     committees of Congress and the Undersecretary of State for 
     Public Diplomacy and Public Affairs a report on the 
     corruption and corrupt activities of Russian and other 
     Eastern European oligarchs.
       (c) Elements.--
       (1) In general.--Each report under subsection (b) shall 
     include the following:
       (A) A description of corruption and corrupt activities 
     among Russian and other Eastern European oligarchs who 
     support the Government of the Russian Federation, including 
     estimates of the total assets of such oligarchs.
       (B) An assessment of the impact of the corruption and 
     corrupt activities described pursuant to subparagraph (A) on 
     the economy and citizens of Russia.
       (C) A description of any connections to, or support of, 
     organized crime, drug smuggling, or human trafficking by an 
     oligarch covered by subparagraph (A).
       (D) A description of any information that reveals 
     corruption and corrupt activities in Russia among oligarchs 
     covered by subparagraph (A).
       (E) A description and assessment of potential sanctions 
     actions that could be imposed upon oligarchs covered by 
     subparagraph (A) who support the leadership of the Government 
     of Russia, including President Vladimir Putin.
       (2) Scope of reports.--The first report under subsection 
     (a) shall include comprehensive information on the matters 
     described in paragraph (1). Any succeeding report under 
     subsection (a) may consist of an update or supplement to the 
     preceding report under that subsection.
       (d) Coordination.--In preparing each report, update, or 
     supplement under this section, the Director of the Central 
     Intelligence Agency shall coordinate as follows:
       (1) In preparing the assessment and descriptions required 
     by subparagraphs (A) through (D) of subsection (c)(1), the 
     Director of the Central Intelligence Agency shall coordinate 
     with the head of the Office of Intelligence and Analysis of 
     the Department of the Treasury and the Director of the 
     Federal Bureau of Investigation.
       (2) In preparing the description and assessment required by 
     subparagraph (E) of such subsection, the Director of the 
     Central Intelligence Agency shall coordinate with the head of 
     the Office of Intelligence and Analysis of the Department of 
     the Treasury.
       (e) Form.--
       (1) In general.--Subject to paragraph (2), each report 
     under subsection (b) shall include an unclassified executive 
     summary, and may include a classified annex.
       (2) Unclassified form of certain information.--The 
     information described in subsection (c)(1)(D) in each report 
     under subsection (b) shall be submitted in unclassified form.

     SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY 
                   THE CHINESE COMMUNIST PARTY AND THE GOVERNMENT 
                   OF THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Select Committee on Intelligence, the Committee on 
     Armed Services, the Committee on Foreign Relations, the 
     Committee on Health, Education, Labor, and Pensions, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Energy and 
     Commerce, the Committee on Foreign Affairs, and the Committee 
     on Homeland Security of the House of Representatives.
       (2) Critical infrastructure.--The term ``critical 
     infrastructure'' has the meaning given such term in section 
     1016(e) of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report identifying whether and how officials of 
     the Chinese Communist Party and the Government of the 
     People's Republic of China may have sought--

[[Page H7642]]

       (1) to suppress information about--
       (A) the outbreak of the novel coronavirus in Wuhan;
       (B) the spread of the virus through China; and
       (C) the transmission of the virus to other countries;
       (2) to spread disinformation relating to the pandemic; or
       (3) to exploit the pandemic to advance their national 
     security interests.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments of reported actions and the effect 
     of those actions on efforts to contain the novel coronavirus 
     pandemic, including each of the following:
       (1) The origins of the novel coronavirus outbreak, the time 
     and location of initial infections, and the mode and speed of 
     early viral spread.
       (2) Actions taken by the Government of China to suppress, 
     conceal, or misinform the people of China and those of other 
     countries about the novel coronavirus outbreak in Wuhan.
       (3) The effect of disinformation or the failure of the 
     Government of China to fully disclose details of the outbreak 
     on response efforts of local governments in China and other 
     countries.
       (4) Diplomatic, political, economic, intelligence, or other 
     pressure on other countries and international organizations 
     to conceal information about the spread of the novel 
     coronavirus and the response of the Government of China to 
     the contagion, as well as to influence or coerce early 
     responses to the pandemic by other countries.
       (5) Efforts by officials of the Government of China to deny 
     access to health experts and international health 
     organizations to afflicted individuals in Wuhan, pertinent 
     areas of the city, or laboratories of interest in China, 
     including the Wuhan Institute of Virology.
       (6) Efforts by the Government of China, or those acting at 
     its direction or with its assistance, to conduct cyber 
     operations against international, national, or private health 
     organizations conducting research relating to the novel 
     coronavirus or operating in response to the pandemic.
       (7) Efforts to control, restrict, or manipulate relevant 
     segments of global supply chains, particularly in the sale, 
     trade, or provision of relevant medicines, medical supplies, 
     or medical equipment as a result of the pandemic.
       (8) Efforts to advance the economic, intelligence, national 
     security, and political objectives of the Government of China 
     by exploiting vulnerabilities of foreign governments, 
     economies, and companies under financial duress as a result 
     of the pandemic or to accelerate economic espionage and 
     intellectual property theft.
       (9) Efforts to exploit the disruption of the pharmaceutical 
     and telecommunications industries as well as other industries 
     tied to critical infrastructure and bilateral trade between 
     China and the United States and between China and allies and 
     partners of the United States in order to advance the 
     economic and political objectives of the Government of China 
     following the pandemic.
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 609. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS 
                   EMBARGO ON ISLAMIC REPUBLIC OF IRAN.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of the Defense 
     Intelligence Agency, in consultation with such heads of other 
     elements of the intelligence community as the Director 
     considers appropriate, shall submit to the appropriate 
     committees of Congress a report on--
       (1) the plans of the Government of the Islamic Republic of 
     Iran to acquire military arms if the ban on arms transfers to 
     or from such government under United Nations Security Council 
     resolutions are lifted; and
       (2) the effect such arms acquisitions may have on regional 
     security and stability.
       (c) Contents.--The report submitted under subsection (b) 
     shall include assessments relating to plans of the Government 
     of the Islamic Republic of Iran to acquire additional 
     weapons, the intention of other countries to provide such 
     weapons, and the effect such acquisition and provision would 
     have on regional stability, including with respect to each of 
     the following:
       (1) The type and quantity of weapon systems under 
     consideration for acquisition.
       (2) The countries of origin of such systems.
       (3) Likely reactions of other countries in the region to 
     such acquisition, including the potential for proliferation 
     by other countries in response.
       (4) The threat that such acquisition could present to 
     international commerce and energy supplies in the region, and 
     the potential implications for the national security of the 
     United States.
       (5) The threat that such acquisition could present to the 
     Armed Forces of the United States, of countries allied with 
     the United States, and of countries partnered with the United 
     States stationed in or deployed in the region.
       (6) The potential that such acquisition could be used to 
     deliver chemical, biological, or nuclear weapons.
       (7) The potential for the Government of the Islamic 
     Republic of Iran to proliferate weapons acquired in the 
     absence of an arms embargo to regional groups, including 
     Shi'a militia groups backed by such government.
       (d) Form.--The report submitted under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 610. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR 
                   NONPROLIFERATION.

       (a) Definition of Appropriate Committees of Congress.--In 
     this section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Select Committee on Intelligence, the Committee on 
     Armed Services, and the Committee on Foreign Relations of the 
     Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, and the Committee on Foreign 
     Affairs of the House of Representatives.
       (b) Report Required.--Not later than 90 days after the date 
     of the enactment of this Act, the Director of National 
     Intelligence shall submit to the appropriate committees of 
     Congress a report assessing--
       (1) any relevant activities potentially relating to nuclear 
     weapons research and development by the Islamic Republic of 
     Iran; and
       (2) any relevant efforts to afford or deny international 
     access in accordance with international nonproliferation 
     agreements.
       (c) Assessments.--The report required by subsection (b) 
     shall include assessments, for the period beginning on 
     January 1, 2018, and ending on the date of the submittal of 
     the report, of the following:
       (1) Activities to research, develop, or enrich uranium or 
     reprocess plutonium with the intent or capability of creating 
     weapons-grade nuclear material.
       (2) Research, development, testing, or design activities 
     that could contribute to or inform construction of a device 
     intended to initiate or capable of initiating a nuclear 
     explosion.
       (3) Efforts to receive, transmit, store, destroy, relocate, 
     archive, or otherwise preserve research, processes, products, 
     or enabling materials relevant or relating to any efforts 
     assessed under paragraph (1) or (2).
       (4) Efforts to afford or deny international access, in 
     accordance with international nonproliferation agreements, to 
     locations, individuals, and materials relating to activities 
     described in paragraph (1), (2), or (3).
       (d) Form.--The report required under subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     SEC. 611. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S 
                   REPUBLIC OF CHINA IN THE HONG KONG SPECIAL 
                   ADMINISTRATIVE REGION.

       (a) Finding.--Congress finds that the National People's 
     Congress of the People's Republic of China promulgated the 
     Law of the People's Republic of China on Safeguarding 
     National Security in the Hong Kong Special Administrative 
     Region on June 30, 2020.
       (b) Reports.--Title XI of the National Security Act of 1947 
     (50 U.S.C. 3231 et seq.), is amended by inserting after 
     section 1107 the following new section:

     ``SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE 
                   PEOPLE'S REPUBLIC OF CHINA IN THE HONG KONG 
                   SPECIAL ADMINISTRATIVE REGION.

       ``(a) Definitions.--In this section:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the congressional intelligence committees;
       ``(B) the Committee on Foreign Relations and the Committee 
     on Armed Services of the Senate; and
       ``(C) the Committee on Foreign Affairs and the Committee on 
     Armed Services of the House of Representatives.
       ``(2) Chinese security services.--The term `Chinese 
     security services' means--
       ``(A) the security services of the Government of the 
     People's Republic of China, including the Ministry of State 
     Security and the Ministry of Public Security; and
       ``(B) any known front organizations or aliases associated 
     with such security services, including officers associated 
     with the national security division of the Hong Kong Police 
     Force and other officers of the Hong Kong Police Force 
     selected by the Committee for Safeguarding National Security 
     to work on matters relating to national security.
       ``(b) Requirement.--On an annual basis through 2047, the 
     Director of National Intelligence shall submit to the 
     appropriate congressional committees a report on the presence 
     and activities of Chinese security services operating within 
     the Hong Kong Special Administrative Region.
       ``(c) Contents.--Each report under subsection (b) shall 
     include, with respect to the year covered by the report, the 
     following:
       ``(1) Identification of the approximate number of personnel 
     affiliated with Chinese security services operating within 
     the Hong Kong Special Administrative Region, including a 
     breakdown of such personnel by the specific security service 
     and the division of the security service, and (to the extent 
     possible) an identification of any such personnel associated 
     with the national security division of the Hong Kong Police 
     Force.
       ``(2) A description of the command and control structures 
     of such security services, including information regarding 
     the extent to which such security services are controlled by 
     the Government of the Hong Kong Special Administrative Region 
     or the Government of the People's Republic of China.
       ``(3) A description of the working relationship and 
     coordination mechanisms of the Chinese security services with 
     the police force of the Hong Kong Special Administrative 
     Region.
       ``(4) A description of the activities conducted by Chinese 
     security services operating within the Hong Kong Special 
     Administrative Region, including--

[[Page H7643]]

       ``(A) information regarding the extent to which such 
     security services, and officers associated with the national 
     security division of the Hong Kong Police Force, are engaged 
     in frontline policing, serving in advisory and assistance 
     roles, or both;
       ``(B) an assessment of the likelihood of such security 
     services conducting renditions of individuals from the Hong 
     Kong Special Administrative Region to China and a listing of 
     every known individual subject to such rendition during the 
     year covered by the report; and
       ``(C) an assessment of how such activities conducted by 
     Chinese security services contribute to self-censorship and 
     corruption within the Hong Kong Special Administrative 
     Region.
       ``(5) A discussion of the doctrine and tactics employed by 
     Chinese security services operating within the Hong Kong 
     Special Administrative Region, including an overview of the 
     extent to which such security services employ surveillance, 
     detection, and control methods, including `high-tech' 
     policing models and `preventative policing tactics', that are 
     consistent with the rise of digital authoritarianism, and 
     used in a manner similar to methods used in the Xinjiang 
     region of China.
       ``(6) An overview of the funding for Chinese security 
     services operating within the Hong Kong Special 
     Administrative Region, including an assessment of the extent 
     to which funding is drawn locally from the Hong Kong Special 
     Administrative Region Government or from the Government of 
     China.
       ``(7) A discussion of the various surveillance technologies 
     used by security services operating within the Hong Kong 
     Special Administrative Region, including--
       ``(A) a list of the key companies that provide such 
     technologies; and
       ``(B) an assessment of the degree to which such 
     technologies can be accessed by Chinese security services 
     operating within the Hong Kong Special Administrative Region.
       ``(d) Coordination.--In carrying out subsection (b), the 
     Director shall coordinate with the Director of the Central 
     Intelligence Agency, the Director of the National Security 
     Agency, the Director of the Defense Intelligence Agency, the 
     Director of the National Geospatial-Intelligence Agency, the 
     Assistant Secretary of State for the Bureau of Intelligence 
     and Research, and any other relevant head of an element of 
     the intelligence community.
       ``(e) Form.--Each report submitted to the appropriate 
     congressional committees under subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex.''.
       (c) Clerical Amendment.--The table of contents in the first 
     section of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 1107 the 
     following new item:

``Sec. 1107A. Annual reports on security services of the People's 
              Republic of China in the Hong Kong Special Administrative 
              Region.''.

     SEC. 612. RESEARCH PARTNERSHIP ON ACTIVITIES OF PEOPLE'S 
                   REPUBLIC OF CHINA.

       (a) Research Partnership.--
       (1) Requirement.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the National 
     Geospatial-Intelligence Agency shall seek to enter into a 
     partnership with an academic or non-profit research 
     institution to--
       (A) carry out joint unclassified geospatial intelligence 
     analyses of the activities of the People's Republic of China 
     that pose risks to the national security interests of the 
     United States; and
       (B) make available on a publicly available internet website 
     unclassified geospatial intelligence products relating to 
     such analyses.
       (2) Elements.--The Director shall ensure that the 
     activities of China analyzed under paragraph (1)(A) include 
     the following:
       (A) Any notable developments relating to the global 
     activities of the People's Liberation Army Ground Force, the 
     People's Liberation Army Navy, the People's Liberation Army 
     Air Force, the People's Liberation Army Rocket Force, the 
     People's Liberation Army Strategic Support Force, and the 
     Chinese People's Armed Police Force Coast Guard Corps.
       (B) Infrastructure projects associated with the ``One Belt, 
     One Road'' Initiative.
       (C) Maritime land reclamation activities conducted by China 
     in the South China Sea, the Indian Ocean region, and the 
     broader maritime commons.
       (D) Matters relevant to global public health and climate 
     security, including--
       (i) indications and warnings of disease outbreaks with 
     pandemic potential;
       (ii) the activities of China likely contributing to climate 
     change; and
       (iii) any environmental degradation directly resulting from 
     the practices of China.
       (3) Consortium.--In carrying out paragraph (1), the 
     Director may enter into a partnership with--
       (A) one research institution; or
       (B) a consortium of research institutions if the Director 
     determines that the inclusion of multiple institutions will 
     result in more effective research conducted pursuant to this 
     section or improve the outcomes of such research.
       (4) Duration.--The Director shall carry out a partnership 
     under this section for a period that is not less than 10 
     years following the date of the enactment of this Act.
       (5) Improvements to partnership.--The Director may modify 
     the partnership under paragraph (1) or select a new research 
     institution with which to enter into such a partnership if--
       (A) the Director consults with the congressional 
     intelligence committees with respect to the proposed modified 
     or new partnership;
       (B) the modified or new partnership is carried out in 
     accordance with this section; and
       (C) the Director determines that the modified or new 
     partnership will result in more effective research conducted 
     pursuant to this section or improve the outcomes of such 
     research.
       (b) Open-Source Data.--
       (1) Identification and publication.--During the life of the 
     partnership under subsection (a), the Director shall 
     regularly--
       (A) identify raw, unclassified geospatial data that could 
     improve the research conducted under the partnership if the 
     data was made publicly available; and
       (B) make such data publicly available.
       (2) Consultation.--The Director shall carry out paragraph 
     (1) in consultation with the research institution or 
     consortium of research institutions involved with the 
     partnership under subsection (a).
       (c) Briefings.--Not later than 270 days after the date of 
     the enactment of this Act, and annually thereafter during the 
     life of the partnership under subsection (a), the Director 
     shall provide to the appropriate congressional committees a 
     briefing on the partnership. Each such briefing shall include 
     the following:
       (1) The outcomes of research conducted under the 
     partnership.
       (2) Identification of the actions that have been taken to 
     increase the quantity and quality of unclassified geospatial 
     analysis products made publicly available under the 
     partnership, including the quantity and types of raw data the 
     partnership has made publicly available.
       (3) Identification of actual and projected costs to carry 
     out the partnership.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional intelligence committees;
       (2) Committee on Foreign Relations and the Subcommittee on 
     Defense of the Committee on Appropriations of the Senate; and
       (3) Committee on Foreign Affairs and the Subcommittee on 
     Defense of the Committee on Appropriations of the House of 
     Representatives.

     SEC. 613. REPORT ON THE PHARMACEUTICAL AND PERSONAL 
                   PROTECTIVE EQUIPMENT REGULATORY PRACTICES OF 
                   THE PEOPLE'S REPUBLIC OF CHINA.

       (a) Report.--Not later than 120 days after the date of the 
     enactment of this Act, the Director of National Intelligence 
     shall submit to the appropriate congressional committees a 
     report on--
       (1) the pharmaceutical and personal protective equipment 
     regulatory practices of the People's Republic of China; and
       (2) the effects of such practices on the national security 
     of the United States.
       (b) Contents.--The report under subsection (a) shall 
     include the following:
       (1) An assessment of the quantity of active pharmaceutical 
     ingredients produced annually within China.
       (2) An estimate of the percentage of active pharmaceutical 
     ingredients produced globally that originate in China.
       (3) A description of the National Medical Products 
     Administration of China, including with respect to--
       (A) the roles and responsibilities of the Administration;
       (B) the organizational structure of the Administration; and
       (C) any affiliated institutions of the National Medical 
     Products Administration.
       (4) An assessment of the capacity of the National Medical 
     Products Administration to effectively develop safety 
     standards, efficacy standards, and any other relevant 
     standards concerning the production of active pharmaceutical 
     ingredients and pharmaceutical drugs.
       (5) An assessment of the capacity of the National Medical 
     Products Administration to enforce standards on the 
     production and distribution of active pharmaceutical 
     ingredients and pharmaceutical drugs.
       (6) An overview of qualitative disparities between active 
     pharmaceutical ingredients and pharmaceutical drugs approved 
     by the National Medical Products Administration and similar 
     drugs subject to regulatory oversight and approval in the 
     markets of the member states of the Organisation for Economic 
     Co-operation and Development.
       (7) An assessment of the qualitative disparities between 
     the standards and enforcement practices of the National 
     Medical Products Administration on the production and 
     distribution of active pharmaceutical ingredients and 
     pharmaceutical drugs and the good manufacturing practice 
     guidelines issued by the International Council for 
     Harmonization of Technical Requirements for Pharmaceuticals 
     for Human Use.
       (8) An assessment of the susceptibility of the National 
     Medical Products Administration, the subordinate 
     organizations of the National Medical Products 
     Administration, and other associated personnel to engage in 
     corrupt practices, particularly practices that relate to 
     assessing the safety of pharmaceutical ingredients and other 
     pharmaceutical drugs within the authority of the National 
     Medical Products Administration.
       (9) An assessment of the national security risks associated 
     with the reliance by the United States on pharmaceutical 
     ingredients and pharmaceutical drugs originating in China, 
     including an assessment of how and whether China could 
     leverage its production of certain pharmaceutical ingredients 
     as a means to coerce the United States or the partners and 
     allies of the United States.
       (10) An assessment of the percentage of personal protective 
     equipment produced globally that originates in China.
       (11) An assessment of the national security risks 
     associated with any reliance by the United States on personal 
     protective equipment originating in China, including an 
     assessment of how and whether China could leverage its 
     production of personal protective equipment as a means to 
     coerce the United States or the partners and allies of the 
     United States.

[[Page H7644]]

       (c) Coordination.--In carrying out subsection (a), the 
     Director shall coordinate with the Director of the Central 
     Intelligence Agency, the Director of the National Security 
     Agency, the Director of the Defense Intelligence Agency, the 
     Director of the National Geospatial-Intelligence Agency, and 
     any other relevant head of an element of the intelligence 
     community as well as the Commissioner of the Food and Drug 
     Administration.
       (d) Form.--The report submitted to the appropriate 
     congressional committees under subsection (a) shall be 
     submitted in unclassified form, but may include a classified 
     annex.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the congressional intelligence committees;
       (2) the Committee on Foreign Affairs and the Committee on 
     Energy and Commerce of the House of Representatives; and
       (3) the Committee on Foreign Relations and the Committee on 
     Finance of the Senate.

     SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN 
                   AFGHANISTAN.

       (a) Requirement.--The Director of National Intelligence, 
     acting through the National Intelligence Council, shall 
     produce a National Intelligence Estimate on the situation in 
     Afghanistan.
       (b) Matters.--The National Intelligence Estimate produced 
     under subsection (a) shall include an assessment of the 
     prospects of a durable intra-Afghan settlement of the 
     conflict in Afghanistan that leads to--
       (1) a permanent ceasefire and sustained reduction in 
     violence;
       (2) a verifiable break between the Taliban and al-Qaeda;
       (3) verifiable cooperation by the Taliban in efforts 
     against al-Qaeda, the Islamic State of Iraq and the Levant 
     Khorasan, and associated international terrorists the 
     intelligence community determines are active in Afghanistan 
     and pose a threat to the United States homeland or United 
     States interests abroad; and
       (4) sustainment of the social and human rights progress 
     achieved by Afghan women and girls since 2001.
       (c) Submission to Congress.--
       (1) Submission.--Not later than February 1, 2021, the 
     Director shall submit to the congressional intelligence 
     committees the National Intelligence Estimate produced under 
     subsection (a), including all intelligence reporting 
     underlying the Estimate.
       (2) Notice regarding submission.--If before February 1, 
     2021, the Director determines that the National Intelligence 
     Estimate produced under subsection (a) cannot be submitted by 
     such date, the Director shall (before such date)--
       (A) submit to the congressional intelligence committees a 
     report setting forth the reasons why the National 
     Intelligence Estimate cannot be submitted by such date and an 
     estimated date for the submission of the National 
     Intelligence Estimate; and
       (B) testify before the congressional intelligence 
     committees on the issues that will be covered by the National 
     Intelligence Estimate.
       (3) Form.--The National Intelligence Estimate shall be 
     submitted under paragraph (1) in classified form.
       (d) Public Version.--Consistent with the protection of 
     intelligence sources and methods, at the same time as the 
     Director submits to the congressional intelligence committees 
     the National Intelligence Estimate under subsection (c), the 
     Director shall make publicly available on the internet 
     website of the Director an unclassified version of the key 
     findings of the National Intelligence Estimate.

     SEC. 615. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA AND 
                   AZERBAIJAN.

       (a) Assessment Required.--Not later than 90 days after the 
     date of the enactment of this Act, the Director of National 
     Intelligence shall submit to the congressional intelligence 
     committees a written assessment regarding tensions between 
     the governments of Armenia and Azerbaijan, including with 
     respect to the status of the Nagorno-Karabakh region. Such 
     assessment shall include each of the following:
       (1) An identification of the strategic interests of the 
     United States and its partners in the Armenia-Azerbaijan 
     region.
       (2) A description of all significant uses of force in and 
     around the Nagorno-Karabakh region and the border between 
     Armenia and Azerbaijan during calendar year 2020, including a 
     description of each significant use of force and an 
     assessment of who initiated the use of such force.
       (3) An assessment of the effect of United States military 
     assistance to Azerbaijan and Armenia on the regional balance 
     of power and the likelihood of further use of military force.
       (4) An assessment of the likelihood of any further uses of 
     force or potentially destabilizing activities in the region 
     in the near- to medium-term.
       (b) Form of Assessment.--The assessment required under this 
     section shall be submitted in unclassified form, but may 
     contain a classified annex.

     SEC. 616. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.

       It is the sense of the Congress that--
       (1) the work of the Third Option Foundation to heal, help, 
     and honor members of the special operations community of the 
     Central Intelligence Agency and their families is invaluable; 
     and
       (2) the Director of the Central Intelligence Agency should 
     work closely with the Third Option Foundation in implementing 
     section 19A of the Central Intelligence Agency Act of 1949 
     (50 U.S.C. 3519b), as added by section 6412 of the Damon Paul 
     Nelson and Matthew Young Pollard Intelligence Authorization 
     Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116-
     92).

     SEC. 617. ANNUAL REPORTS ON WORLDWIDE THREATS.

       (a) In General.--Title I of the National Security Act of 
     1947 (50 U.S.C. 3021 et seq.) is amended by inserting after 
     section 108A the following new section:

     ``SEC. 108B. ANNUAL REPORTS ON WORLDWIDE THREATS.

       ``(a) Definition of Appropriate Congressional Committees.--
     In this section, the term `appropriate congressional 
     committees' means--
       ``(1) the congressional intelligence committees; and
       ``(2) the Committees on Armed Services of the House of 
     Representatives and the Senate.
       ``(b) Annual Reports.--Not later than the first Monday in 
     February 2021, and each year thereafter, the Director of 
     National Intelligence, in coordination with the heads of the 
     elements of the intelligence community, shall submit to the 
     appropriate congressional committees a report containing an 
     assessment of the intelligence community with respect to 
     worldwide threats to the national security of the United 
     States.
       ``(c) Form.--Each report under subsection (b) shall be 
     submitted in unclassified form, but may include a classified 
     annex only for the protection of intelligence sources and 
     methods relating to the matters contained in the report.
       ``(d) Hearings.--
       ``(1) Open hearings.--Upon request by the appropriate 
     congressional committees, the Director (and any other head of 
     an element of the intelligence community determined 
     appropriate by the committees in consultation with the 
     Director) shall testify before such committees in an open 
     setting regarding a report under subsection (b).
       ``(2) Closed hearings.--Any information that may not be 
     disclosed during an open hearing under paragraph (1) in order 
     to protect intelligence sources and methods may instead be 
     discussed in a closed hearing that immediately follows such 
     open hearing.''.
       (b) Clerical Amendment.--The table of contents at the 
     beginning of such Act is amended by inserting after the item 
     relating to section 108A the following new item:

``Sec. 108B. Annual reports on world-wide threats.''.

     SEC. 618. ANNUAL REPORT ON CLIMATE SECURITY ADVISORY COUNCIL.

       Section 120 of the National Security Act of 1947 (50 U.S.C. 
     3060), as amended by section 405, is further amended--
       (1) by redesignating subsection (d) as subsection (e); and
       (2) by inserting after subsection (c) the following new 
     subsection (d):
       ``(d) Annual Report.--Not later than January 31, 2021, and 
     not less frequently than annually thereafter, the chair of 
     the Council shall submit, on behalf of the Council, to the 
     congressional intelligence committees a report describing the 
     activities of the Council as described in subsection (c) 
     during the year preceding the year during which the report is 
     submitted.''.

     SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY 
                   EDUCATION PROGRAM.

       (a) Funding for Scholarship, Fellowship, and Grant 
     Programs.--Section 810 of the David L. Boren National 
     Security Education Act of 1991 (50 U.S.C. 1910) is amended--
       (1) in subsection (c), by striking ``for each fiscal year, 
     beginning with fiscal year 2005,'' and inserting ``for each 
     of fiscal years 2005 through 2021''; and
       (2) by adding at the end the following new subsection:
       ``(d) Fiscal Years Beginning With Fiscal Year 2022.--In 
     addition to amounts that may be made available to the 
     Secretary under the Fund for a fiscal year, there is 
     authorized to be appropriated to the Secretary for each 
     fiscal year, beginning with fiscal year 2022, $8,000,000, to 
     carry out the scholarship, fellowship, and grant programs 
     under subparagraphs (A), (B), and (C), respectively, of 
     section 802(a)(1).''.
       (b) Funding for National Flagship Language Initiative.--
     Section 811 of such Act (50 U.S.C. 1911) is amended--
       (1) in subsection (a), by striking `` $10,000,000'' and 
     inserting `` $16,000,000''; and
       (2) in subsection (b), by striking ``for each fiscal year, 
     beginning with fiscal year 2005,'' and inserting ``for each 
     of fiscal years 2005 through 2021''.
       (c) Funding for Scholarship Program for Advanced English 
     Language Studies.--Section 812 of the David L. Boren National 
     Security Education Act of 1991 (50 U.S.C. 1912) is amended--
       (1) in subsection (a), by striking ``for each fiscal year, 
     beginning with fiscal year 2005,'' and inserting ``for each 
     of fiscal years 2005 through 2021'';
       (2) by redesignating subsection (b) as subsection (c);
       (3) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b) Fiscal Years Beginning With Fiscal Year 2022.--In 
     addition to amounts that may be made available to the 
     Secretary under the Fund for a fiscal year, there is 
     authorized to be appropriated to the Secretary for each 
     fiscal year, beginning with fiscal year 2022, $2,000,000, to 
     carry out the scholarship programs for English language 
     studies by certain heritage community citizens under section 
     802(a)(1)(E).''; and
       (4) in subsection (c), as so redesignated, by striking 
     ``subsection (a)'' and inserting ``this section''.

     SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL 
                   LIBERTIES, AND CIVIL RIGHTS OF CHINESE 
                   AMERICANS.

       (a) Report.--Section 5712 of the Damon Paul Nelson and 
     Matthew Young Pollard Intelligence

[[Page H7645]]

     Authorization Act for Fiscal Years 2018, 2019, and 2020 
     (Public Law 116-92; 133 Stat. 2171) is--
       (1) transferred to title XI of the National Security Act of 
     1947 (50 U.S.C. 3231 et seq.);
       (2) inserted after section 1109 of such title, as added by 
     section 308;
       (3) redesignated as section 1110; and
       (4) amended--
       (A) in the heading, by striking ``AND CIVIL LIBERTIES'' and 
     inserting ``, CIVIL LIBERTIES, AND CIVIL RIGHTS''; and
       (B) in subsection (b)--
       (i) in the matter preceding paragraph (1) by striking ``Not 
     later than 180 days after the date of the enactment of this 
     Act,'' and inserting ``On an annual basis,''; and
       (ii) by striking ``and civil liberties'', each place it 
     appears and inserting ``, civil liberties, and civil 
     rights''.
       (b) Clerical Amendment.--The table of contents at the 
     beginning of the National Security Act of 1947 is amended by 
     inserting after the item relating to section 1109, as added 
     by section 308, the following new item:

``Sec. 1110. Report on best practices to protect privacy, civil 
              liberties, and civil rights of Chinese Americans.''.

     SEC. 621. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL 
                   PANDEMIC DISEASE.

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

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

       (ii) testify before such committees on the issues that will 
     be covered by the National Intelligence Estimate.
       (C) Form.--The National Intelligence Estimate shall be 
     submitted under subparagraph (A) in classified form.
       (3) Public version.--Consistent with the protection of 
     intelligence sources and methods, at the same time as the 
     Director submits to the congressional intelligence committees 
     the National Intelligence Estimate under paragraph (2), the 
     Director shall make publicly available on the internet 
     website of the Director, an unclassified version of the 
     National Intelligence Estimate.
       (4) Consultation.--The Director shall prepare the National 
     Intelligence Estimate under paragraph (1) in consultation 
     with the Secretary of Health and Human Services, the Director 
     of the Centers for Disease Control and Prevention, the 
     Secretary of State, and any other head of an element of the 
     Federal Government the Director of National Intelligence 
     determines appropriate.
       (b) Future Pandemic Plan.--
       (1) Requirement.--Not later than 90 days after the date of 
     the enactment of this Act, the President shall make publicly 
     available on the internet website of the President a report 
     containing a whole-of-government plan for an effective 
     response to subsequent major outbreaks of the COVID-19 
     pandemic and for other future global pandemic diseases.
       (2) Matters included.--The plan under paragraph (1) shall 
     address how to improve the following:
       (A) Pandemic planning.
       (B) Homeland preparedness.
       (C) International disease surveillance.
       (D) Diagnostic testing.
       (E) Contact tracing.
       (F) The role of the Federal Government with respect to the 
     regulation, acquisition, and disbursement, of medical 
     supplies and other public health resources necessary to 
     respond to COVID-19 or other diseases with pandemic potential 
     (including diagnostic testing equipment, biomedical 
     equipment, drugs and medicines, and hygiene equipment).
       (G) The procurement and distribution of personal protective 
     equipment.
       (H) Early domestic response to future global pandemic 
     diseases in the United States.
       (c) Global Strategy.--Not later than 90 days after the date 
     of the enactment of this Act, the President, in coordination 
     with the Director of National Intelligence, shall make 
     publicly available on the internet website of the President a 
     report containing a global strategy for mobilizing 
     international institutions to combat the COVID-19 pandemic.

     SEC. 622. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON 
                   NATIONAL SECURITY EFFECTS OF EMERGING 
                   INFECTIOUS DISEASE AND PANDEMICS.

       Section 6722(b)(2) of the Damon Paul Nelson and Matthew 
     Young Pollard Intelligence Authorization Act for Fiscal Years 
     2018, 2019, and 2020 (division E of Public Law 116-98) is 
     amended--
       (1) in the paragraph heading, by striking ``Quinquennial'' 
     and inserting ``Annual'';
       (2) by striking ``beginning on the date that is 5 years 
     after the date on which the Director submits the report under 
     paragraph (1), and every 5 years thereafter'' and inserting 
     ``not later than January 31, 2021, and annually thereafter''; 
     and
       (3) by inserting ``required under paragraph (1)'' before 
     the period at the end.

     SEC. 623. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.

       (a) Study.--The Director of National Intelligence shall 
     seek to enter into an agreement with a federally funded 
     research and development center or a nongovernmental entity 
     to conduct a comprehensive study on the future of the 
     collection, processing, exploitation, analysis, 
     dissemination, and evaluation of open-source intelligence by 
     the intelligence community. The Director shall select such 
     entity in consultation with the congressional intelligence 
     committees.
       (b) Matters Included.--The study under subsection (a) shall 
     include the following:
       (1) Recommendations with respect to the governance of open-
     source intelligence within the intelligence community, 
     including regarding--
       (A) whether such governance of open-source intelligence 
     should be assigned to a functional manager or an executive 
     agent, or use another governance structure;
       (B) which official of the intelligence community should 
     serve as such a functional manager, executive agent, or the 
     leader of such other governance structure, and what 
     authorities the official should have in serving in such role;
       (C) which official of the intelligence community should be 
     responsible for conducting oversight by the executive branch 
     for open-source intelligence;
       (D) which elements of the intelligence community should 
     retain capabilities to collect, process, exploit, and 
     disseminate open-source intelligence;
       (E) how to effectively integrate such collection 
     capabilities among the elements of the intelligence 
     community; and
       (F) whether to establish a new agency as an element of the 
     intelligence community dedicated to open-source intelligence 
     or to establish a fusion center to co-locate open-source 
     intelligence capabilities of the elements of the intelligence 
     community, including a discussion of the advantages and 
     disadvantages of each such approach.
       (2) Recommendations regarding the requirements processes 
     for open-source intelligence, including with respect to--
       (A) the utility (or disutility) of a unified collection 
     management process for open-source intelligence for all of 
     the intelligence community;
       (B) what such a process might look like;
       (C) ways to integrate an open-source requirements process 
     into all-source collection management; and
       (D) ways that automation might be leveraged to facilitate 
     open-source requirements and collection management.
       (3) An assessment of the value of rejuvenating a career 
     service for a professional cadre of the intelligence 
     community that focuses on collecting and disseminating open-
     source intelligence and recommendations for such a 
     rejuvenation.
       (4) Recommendations regarding the need to adjust any legal 
     and policy frameworks (including any applicable guidelines of 
     the Attorney General) that would facilitate the collection, 
     retention, and dissemination of open-source intelligence 
     while balancing customer needs with the privacy interests of 
     United States persons.
       (5) An assessment of methods to use open-source 
     intelligence to support the operations of the intelligence 
     community, including recommendations on when and how open-
     source intelligence should support such operations.

[[Page H7646]]

       (6) With respect to the data management of open-source 
     intelligence, recommendations on proposed data ingestion 
     tools, scraping capabilities, and other tools and 
     capabilities to collect, process, exploit, and analyze the 
     volume of open-source intelligence, including recommendations 
     on how the intelligence community can increase the speed and 
     security with which the intelligence community adopts open-
     source technology and unclassified commercial products.
       (7) Any other matters the Director or the entity selected 
     to conduct the study determines appropriate.
       (c) Cooperation.--The Director shall make available to the 
     entity selected to conduct the study under subsection (a) the 
     necessary information and materials to conduct the study, 
     including with respect to--
       (1) accessing secure workspaces;
       (2) accessing directives and policy guidance of the 
     intelligence community and other policy documents regarding 
     the governance and execution of open-source intelligence;
       (3) reviewing technological systems used to conduct open-
     source intelligence collection;
       (4) interviewing senior personnel of the intelligence 
     community, including such personnel with responsibility for 
     the open-source intelligence mission of the intelligence 
     community; and
       (5) ensuring that each head of an element of the 
     intelligence community provides the cooperation described in 
     this subsection.
       (d) Consultation.--The entity selected to conduct the study 
     under subsection (a) shall consult with the congressional 
     intelligence committees before beginning to conduct such 
     study.
       (e) Report.--Not later than 270 days after the date of the 
     enactment of this Act, the Director shall submit to the 
     congressional intelligence committees a report containing the 
     study under subsection (a), without change. The report shall 
     be unclassified, but may include a classified annex.

     SEC. 624. SURVEY ON OPEN SOURCE ENTERPRISE.

       (a) Survey.--The Director of the Central Intelligence 
     Agency (as the open source functional manager for the 
     intelligence community), in consultation with the Director of 
     National Intelligence and any other head of an element of the 
     intelligence community that the Director of the Central 
     Intelligence Agency determines appropriate, shall conduct a 
     survey to measure the satisfaction of customers of open-
     source intelligence with the Open Source Enterprise of the 
     Central Intelligence Agency.
       (b) Purpose.--The Director shall ensure that the survey 
     under subsection (a)--
       (1) evaluates which types of open-source intelligence 
     supports the missions of the customers of such intelligence, 
     regardless of whether the customers are elements of the 
     intelligence community and regardless of whether the 
     customers are receiving such intelligence from the Open 
     Source Enterprise;
       (2) evaluates how responsive the Open Source Enterprise is 
     to the missions of the elements of the intelligence community 
     and the other customers of the Open Source Enterprise;
       (3) enables the Open Source Enterprise to set strategic 
     priorities; and
       (4) enables Congress to better oversee the strategic 
     direction of the Open Source Enterprise and to provide 
     support to the collection and analysis of open-source 
     intelligence.
       (c) Contents.--
       (1) Assessment.--The survey under subsection (a) shall 
     include qualitative and quantitative questions designed to 
     assess the following:
       (A) The value of support provided by the Open Source 
     Enterprise to the mission of the customer taking the survey.
       (B) The accessibility of the products of the Open Source 
     Enterprise.
       (C) The frequency that such products are used in 
     accomplishing the mission of the customer.
       (D) The responsiveness of the Open Source Enterprise to 
     tasking requests.
       (E) Areas in which the Open Source Enterprise could 
     improve.
       (F) The in-house open-source intelligence capabilities of 
     the customer taking the survey, including--
       (i) a description of such capabilities;
       (ii) how such capabilities are tailored to the mission of 
     the customer;
       (iii) when such capabilities were established; and
       (iv) whether and to what extent the customer coordinates 
     with the Open Source Enterprise regarding such capabilities.
       (2) Survey answers.--A customer who receives the survey 
     under subsection (a) shall make all reasonable efforts to 
     respond fully and frankly to the survey.
       (d) Design Methodology.--In carrying out subsection (a), 
     the Director of Central Intelligence shall seek advice 
     regarding design methodology for customer satisfaction 
     surveys from--
       (1) experts in survey design of the Central Intelligence 
     Agency and the Office of the Director of National 
     Intelligence; and
       (2) senior executives of the Bureau of Intelligence and 
     Research of the Department of State who conduct a survey 
     similar to the survey under subsection (a).
       (e) Report.--
       (1) Strategy.--Not later than 180 days after the date on 
     which the survey is completed under subsection (a), the 
     Director shall submit to the congressional intelligence 
     committees a report on the strategic direction of the Open 
     Source Enterprise based on the results of the survey, 
     including explanations of how the Open Source Enterprise 
     will--
       (A) build off the successes of the Open Source Enterprise; 
     and
       (B) fill gaps in the collection, production, analysis, or 
     dissemination of open-source intelligence.
       (2) Form.--The report under paragraph (1) shall be 
     submitted in classified form.
       (3) Briefing.--Not later than 30 days after the date on 
     which the Director submits to the congressional intelligence 
     committees the report under paragraph (1), the Director shall 
     provide to such committees a briefing on the strategic 
     direction of the Open Source Enterprise.

     SEC. 625. SENSE OF CONGRESS ON REPORT ON MURDER OF JAMAL 
                   KHASHOGGI.

       (a) Findings.--Congress finds the following:
       (1) There is a strong bipartisan conviction, shared widely 
     throughout the legislative and executive branches of the 
     United States Government and elsewhere, that ensuring full 
     accountability for the brutal murder on October 2, 2018, of 
     Jamal Khashoggi, a former Washington Post columnist and 
     resident of the United States, is in the public interest and 
     also the national interest of the United States.
       (2) Section 5714 of the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Years 2018, 
     2019, and 2020 (division E of Public Law 116-92; 133 Stat. 
     2173) required the Director of National Intelligence to 
     submit to Congress a written report in ``unclassified form'' 
     that includes ``identification of those who carried out, 
     participated in, ordered, or were otherwise complicit in or 
     responsible for the death of Jamal Khashoggi.''.
       (3) Section 1277 of the National Defense Authorization Act 
     for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1701) 
     likewise obligated the Director to submit to the Committee on 
     Foreign Affairs and the Permanent Select Committee on 
     Intelligence of the House of Representatives and the 
     Committee on Foreign Relations and the Select Committee on 
     Intelligence of the Senate a written report on the assessment 
     of the intelligence community regarding Mr. Khashoggi's 
     brutal murder.
       (4) Such section 1277 specifically called, among other 
     things, for a determination and presentation of evidence with 
     respect to the advance knowledge and role of any current or 
     former official of the Government of Saudi Arabia or any 
     current or former senior Saudi political figure over the 
     directing, ordering, or tampering of evidence in relation to 
     Mr. Khashoggi's murder.
       (5) Such section 1277 also required the Director to submit 
     a list of foreign persons whom the Director has high 
     confidence were responsible for, complicit in, or otherwise 
     knowingly and materially assisted the murder, or impeded its 
     impartial investigation, or who ordered or otherwise directed 
     an act or acts contributing to or causing the murder.
       (6) Contrary to the unambiguous and lawful command of 
     Congress under such sections 5714 and 1277, the Director did 
     not produce any unclassified report as required by either 
     such section, and instead, on February 20, 2020, the Director 
     submitted to such committees a classified report, which the 
     Director referred to as an ``annex''.
       (7) The evident belief of the Director that no unclassified 
     information can be produced in accordance with the directives 
     of Congress is dubious, in light of the extensive body of 
     credible, unclassified reporting available regarding the 
     murder of Mr. Khashoggi, and the roles and culpability of 
     officials at the highest levels of the Government of Saudi 
     Arabia.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Director of National Intelligence should reasonably have 
     been able to produce an unclassified report pursuant to 
     section 5714 of the Damon Paul Nelson and Matthew Young 
     Pollard Intelligence Authorization Act for Fiscal Years 2018, 
     2019, and 2020 and section 1277 of the National Defense 
     Authorization Act for Fiscal Year 2020 that did not alter or 
     obscure, in any way, the intelligence community's core 
     determinations, its presentation of evidence, or 
     identification of relevant persons, as required, without 
     putting sources and methods at risk.

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

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Supporting Foster Youth 
     and Families through the Pandemic Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) COVID-19 public health emergency.--The term ``COVID-19 
     public health emergency'' means the public health emergency 
     declared by the Secretary pursuant to section 319 of the 
     Public Health Service Act, entitled ``Determination that a 
     Public Health Emergency Exists Nationwide as the Result of 
     the 2019 Novel Coronavirus''.
       (2) COVID-19 public health emergency period.--The term 
     ``COVID-19 public health emergency period'' means the period 
     beginning on April 1, 2020 and ending with September 30, 
     2021.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.

     SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS 
                   AND SUPPORT FOR OLDER FOSTER YOUTH.

       (a) Funding Increases.--
       (1) Increase in support for chafee programs.--Out of any 
     money in the Treasury of the United States not otherwise 
     appropriated, there are appropriated $400,000,000 for fiscal 
     year 2021, to carry out section 477 of the Social Security 
     Act, in addition to any amounts otherwise made available for 
     such purpose.
       (2) Education and training vouchers.--Of the amount made 
     available by reason of paragraph (1) of this subsection, not 
     less than $50,000,000 shall be reserved for the provision of 
     vouchers pursuant to section 477(h)(2) of the Social Security 
     Act.
       (3) Applicability of technical assistance to additional 
     funds.--
       (A) In general.--Section 477(g)(2) of the Social Security 
     Act shall apply with respect to the amount made available by 
     reason of paragraph

[[Page H7647]]

     (1) of this subsection as if the amount were included in the 
     amount specified in section 477(h) of such Act.
       (B) Reservation of funds.--
       (i) In general.--Of the amount to which section 477(g)(2) 
     of the Social Security Act applies by reason of subparagraph 
     (A) of this paragraph, the Secretary shall reserve not less 
     than $500,000 to provide technical assistance to a State 
     implementing or seeking to implement a driving and 
     transportation program for foster youth.
       (ii) Provider qualifications.--The Secretary shall ensure 
     that the entity providing the assistance has demonstrated the 
     capacity to--

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

       (4) Inapplicability of state matching requirement to 
     additional funds.--In making payments under subsections 
     (a)(4) and (e)(1) of section 474 of the Social Security Act 
     from the additional funds made available as a result of 
     paragraphs (1) and (2) of this subsection, the percentages 
     specified in subsections (a)(4)(A)(i) and (e)(1) of such 
     section are, respectively, deemed to be 100 percent.
       (5) Maximum award amount.--The dollar amount specified in 
     section 477(i)(4)(B) of the Social Security Act through the 
     end of fiscal year 2022 is deemed to be $12,000.
       (6) Inapplicability of nytd penalty to additional funds.--
     In calculating any penalty under section 477(e)(2) of the 
     Social Security Act with respect to the National Youth in 
     Transition Database (NYTD) for April 1, 2020, through the end 
     of fiscal year 2022, none of the additional funds made 
     available by reason of paragraphs (1) and (2) of this 
     subsection shall be considered to be part of an allotment to 
     a State under section 477(c) of such Act.
       (b) Maximum Age Limitation on Eligibility for Assistance.--
     During fiscal years 2020 and 2021, a child may be eligible 
     for services and assistance under section 477 of the Social 
     Security Act until the child attains 27 years of age, 
     notwithstanding any contrary certification made under such 
     section.
       (c) Special Rule.--With respect to funds made available by 
     reason of subsection (a) that are used during the COVID-19 
     public health emergency period to support activities due to 
     the COVID-19 pandemic, the Secretary may not require any 
     State to provide proof of a direct connection to the pandemic 
     if doing so would be administratively burdensome or would 
     otherwise delay or impede the ability of the State to serve 
     foster youth.
       (d) Programmatic Flexibilities.--During the COVID-19 public 
     health emergency period:
       (1) Suspension of certain requirements under the education 
     and training voucher program.--The Secretary shall allow a 
     State to waive the applicability of the requirement in 
     section 477(i)(3) of the Social Security Act that a youth 
     must be enrolled in a postsecondary education or training 
     program or making satisfactory progress toward completion of 
     that program if a youth is unable to do so due to the COVID-
     19 public health emergency.
       (2) Authority to use vouchers to maintain training and 
     postsecondary education.--A voucher provided under a State 
     educational and training voucher program under section 477(i) 
     of the Social Security Act may be used for maintaining 
     training and postsecondary education, including less than 
     full-time matriculation costs or other expenses that are not 
     part of the cost of attendance but would help support youth 
     in remaining enrolled as described in paragraph (1) of this 
     subsection.
       (3) Authority to waive limitations on percentage of funds 
     used for housing assistance and eligibility for such 
     assistance.--Notwithstanding section 477(b)(3)(B) of the 
     Social Security Act, a State may use--
       (A) more than 30 percent of the amounts paid to the State 
     from its allotment under section 477(c)(1) of such Act for a 
     fiscal year, for room or board payments; and
       (B) any of such amounts for youth otherwise eligible for 
     services under section 477 of such Act who--
       (i) have attained 18 years of age and not 27 years of age; 
     and
       (ii) experienced foster care at 14 years of age or older.
       (4) Authority to provide driving and transportation 
     assistance.--
       (A) Use of funds.--Funds provided under section 477 of the 
     Social Security Act may be used to provide driving and 
     transportation assistance to youth described in paragraph 
     (3)(B) who have attained 15 years of age with costs related 
     to obtaining a driver's license and driving lawfully in a 
     State (such as vehicle insurance costs, driver's education 
     class and testing fees, practice lessons, practice hours, 
     license fees, roadside assistance, deductible assistance, and 
     assistance in purchasing an automobile).
       (B) Maximum allowance.--The amount of the assistance 
     provided for each eligible youth under subparagraph (A) shall 
     not exceed $4,000 per year, and any assistance so provided 
     shall be disregarded for purposes of determining the 
     recipient's eligibility for, and the amount of, any other 
     Federal or federally-supported assistance, except that the 
     State agency shall take appropriate steps to prevent 
     duplication of benefits under this and other Federal or 
     federally-supported programs.
       (C) Report to the congress.--Within 6 months after the end 
     of the expenditure period, the Secretary shall submit to the 
     Congress a report on the extent to which, and the manner in 
     which, the funds to which subsection (a)(3) applies were used 
     to provide technical assistance to State child welfare 
     programs, monitor State performance and foster youth 
     outcomes, and evaluate program effectiveness.

     SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING THE 
                   PANDEMIC.

       (a) Addressing Foster Care Age Restrictions During the 
     Pandemic.--A State operating a program under part E of title 
     IV of the Social Security Act may not require a child who is 
     in foster care under the responsibility of the State to leave 
     foster care solely by reason of the child's age. A child may 
     not be found ineligible for foster care maintenance payments 
     under section 472 of such Act solely due to the age of the 
     child or the failure of the child to meet a condition of 
     section 475(8)(B)(iv) of such Act before October 1, 2021.
       (b) Re-entry to Foster Care for Youth Who Age Out During 
     the Pandemic.--A State operating a program under the State 
     plan approved under part E of title IV of the Social Security 
     Act (and without regard to whether the State has exercised 
     the option provided by section 475(8)(B) of such Act to 
     extend assistance under such part to older children) shall--
       (1) permit any youth who left foster care due to age during 
     the COVID-19 public health emergency to voluntarily re-enter 
     foster care;
       (2) provide to each such youth who was formally discharged 
     from foster care during the COVID-19 public health emergency, 
     a notice designed to make the youth aware of the option to 
     return to foster care;
       (3) facilitate the voluntary return of any such youth to 
     foster care; and
       (4) conduct a public awareness campaign about the option to 
     voluntarily re-enter foster care for youth who have not 
     attained 22 years of age, who aged out of foster care in 
     fiscal year 2020 or fiscal year 2021, and who are otherwise 
     eligible to return to foster care.
       (c) Protections for Youth in Foster Care.--A State 
     operating a program under the State plan approved under part 
     E of title IV of the Social Security Act shall--
       (1) continue to ensure that the safety, permanence, and 
     well-being needs of older foster youth, including youth who 
     remain in foster care and youth who age out of foster care 
     during that period but who re-enter foster care pursuant to 
     this section, are met; and
       (2) work with any youth who remains in foster care after 
     attaining 18 years of age (or such greater age as the State 
     may have elected under section 475(8)(B)(iii) of such Act) to 
     develop, or review and revise, a transition plan consistent 
     with the plan referred to in section 475(5)(H) of such Act, 
     and assist the youth with identifying adults who can offer 
     meaningful, permanent connections.
       (d) Authority to Use Additional Funding for Certain Costs 
     Incurred to Prevent Aging Out of, Facilitating Re-entry to, 
     and Protecting Youth in Care During the Pandemic.--
       (1) In general.--Subject to paragraph (2) of this 
     subsection, a State to which additional funds are made 
     available as a result of section 3(a) may use the funds to 
     meet any costs incurred in complying with subsections (a), 
     (b), and (c) of this section.
       (2) Restrictions.--
       (A) The costs referred to in paragraph (1) must be incurred 
     after the date of the enactment of this section and before 
     October 1, 2021.
       (B) The costs of complying with subsection (a) or (c) of 
     this section must not be incurred on behalf of children 
     eligible for foster care maintenance payments under section 
     472 of the Social Security Act, including youth who have 
     attained 18 years of age who are eligible for the payments by 
     reason of the temporary waiver of the age requirement or the 
     conditions of section 475(8)(B)(iv) of such Act.
       (C) A State shall make reasonable efforts to ensure that 
     eligibility for foster care maintenance payments under 
     section 472 of the Social Security Act is determined when a 
     youth remains in, or re-enters, foster care as a result of 
     the State complying with subsections (a) and (c) of this 
     section.
       (D) A child who re-enters care during the COVID-19 public 
     health emergency period may not be found ineligible for 
     foster care maintenance payments under section 472 of the 
     Social Security Act solely due to age or the requirements of 
     section 475(8)(B)(iv) of such Act before October 1, 2021.
       (e) Termination of Certain Provisions.--The preceding 
     provisions of this section shall have no force or effect 
     after September 30, 2021.

     SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC 
                   FLEXIBILITY.

       During the COVID-19 public health emergency period, each 
     percentage specified in subparagraphs (A)(i) and (B) of 
     section 474(a)(6) of the Social Security Act is deemed to be 
     100 percent.

     SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING 
                   SAFE AND STABLE FAMILIES PROGRAM.

       (a) In General.--Out of any money in the Treasury of the 
     United States not otherwise appropriated, there are 
     appropriated $85,000,000 to carry out section 436(a) of the 
     Social Security Act for fiscal year 2021, in addition to any 
     amounts otherwise made available for such purpose. For 
     purposes of section 436(b) of such Act, the amount made 
     available by the preceding sentence shall be considered part 
     of the amount specified in such section 436(a).
       (b) Inapplicability of State Matching Requirement to 
     Additional Funds.--In making payments under section 434(a) of 
     the Social Security Act from the additional funds made 
     available as a result of subsection (a) of this section, the 
     percentage specified in section 434(a)(1) of such Act is 
     deemed to be 100 percent.

     SEC. 7. COURT IMPROVEMENT PROGRAM.

       (a) Reservation of Funds.--Of the additional amounts made 
     available by reason of section 6 of this Act, the Secretary 
     shall reserve $10,000,000 for grants under subsection (b) of 
     this section for fiscal year 2021, which shall be

[[Page H7648]]

     considered to be made under section 438 of the Social 
     Security Act.
       (b) Distribution of Funds.--
       (1) In general.--From the amounts reserved under subsection 
     (a) of this section, the Secretary shall--
       (A) reserve not more than $500,000 for Tribal court 
     improvement activities; and
       (B) from the amount remaining after the application of 
     subparagraph (A), make a grant to each highest State court 
     that is approved to receive a grant under section 438 of the 
     Social Security Act for the purpose described in section 
     438(a)(3) of such Act, for fiscal year 2021.
       (2) Amount.--The amount of the grant awarded to a highest 
     State court under this subsection shall be the sum of--
       (A) $85,000; and
       (B) the amount that bears the same ratio to the amount 
     reserved under subsection (a) that remains after the 
     application of paragraph (1)(A) and subparagraph (A) of this 
     paragraph, as the number of individuals in the State in which 
     the court is located who have not attained 21 years of age 
     bears to the total number of such individuals in all States 
     the highest courts of which were awarded a grant under this 
     subsection (based on the most recent year for which data are 
     available from the Bureau of the Census).
       (3) Other rules.--
       (A) In general.--The grants awarded to the highest State 
     courts under this subsection shall be in addition to any 
     grants made to the courts under section 438 of the Social 
     Security Act for any fiscal year.
       (B) No additional application.--The Secretary shall award 
     grants to the highest State courts under this subsection 
     without requiring the courts to submit an additional 
     application.
       (C) Reports.--The Secretary may establish reporting 
     criteria specific to the grants awarded under this 
     subsection.
       (D) Redistribution of funds.--If a highest State court does 
     not accept a grant awarded under this subsection, or does not 
     agree to comply with any reporting requirements imposed under 
     subparagraph (C) or the use of funds requirements specified 
     in subsection (c), the Secretary shall redistribute the grant 
     funds that would have been awarded to that court under this 
     subsection among the other highest State courts that are 
     awarded grants under this subsection and agree to comply with 
     the reporting and use of funds requirements.
       (E) No matching requirement.--The limitation on the use of 
     funds specified in section 438(d) of such Act shall not apply 
     to the grants awarded under this section.
       (c) Use of Funds.--A highest State court awarded a grant 
     under subsection (b) shall use the grant funds to address 
     needs stemming from the COVID-19 public health emergency, 
     which may include any of the following:
       (1) Technology investments to facilitate the transition to 
     remote hearings for dependency courts when necessary as a 
     direct result of the COVID-19 public health emergency.
       (2) Training for judges, attorneys, and caseworkers on 
     facilitating and participating in remote hearings that comply 
     with due process and all applicable law, ensure child safety 
     and well-being, and help inform judicial decision-making.
       (3) Programs to help families address aspects of the case 
     plan to avoid delays in legal proceedings that would occur as 
     a direct result of the COVID-19 public health emergency.
       (4) Other purposes to assist courts, court personnel, or 
     related staff related to the COVID-19 public health 
     emergency.
       (d) Conforming Amendments.--Section 438 of the Social 
     Security Act (42 U.S.C. 629h) is amended in each of 
     subsections (c)(1) and (d) by striking ``2021'' and inserting 
     ``2022''.

     SEC. 8. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.

       (a) Inapplicability of Matching Funds Requirements.--During 
     the COVID-19 public health emergency period, the percentage 
     specified in section 474(a)(7) of the Social Security Act is 
     deemed to be 100 percent.
       (b) Waiver of Evidence Standard.--During the COVID-19 
     public health emergency period, the requirement in section 
     474(a)(7) of the Social Security Act that the Secretary 
     determine that a kinship navigator program be operated in 
     accordance with promising, supported, or well-supported 
     practices that meet the applicable criteria specified for the 
     practices in section 471(e)(4)(C) of such Act shall have no 
     force or effect, except that each State with such a program 
     shall provide the Secretary with an assurance that the 
     program will be, or is in the process of being, evaluated for 
     the purpose of building an evidence base to later determine 
     whether the program meets the criteria set forth in such 
     section 471(e)(4)(C).
       (c) Other Allowable Uses of Funds.--A State may use funds 
     provided to carry out a kinship navigator program--
       (1) for evaluations, independent systematic review, and 
     related activities;
       (2) to provide short-term support to kinship families for 
     direct services or assistance during the COVID-19 public 
     health emergency period; and
       (3) to ensure that kinship caregivers have the information 
     and resources to allow kinship families to function at their 
     full potential, including--
       (A) ensuring that those who are at risk of contracting 
     COVID-19 have access to information and resources for 
     necessities, including food, safety supplies, and testing and 
     treatment for COVID-19;
       (B) access to technology and technological supports needed 
     for remote learning or other activities that must be carried 
     out virtually due to the COVID-19 public health emergency;
       (C) health care and other assistance, including legal 
     assistance and assistance with making alternative care plans 
     for the children in their care if the caregivers were to 
     become unable to continue caring for the children;
       (D) services to kinship families, including kinship 
     families raising children outside of the foster care system; 
     and
       (E) assistance to allow children to continue safely living 
     with kin.
       (d) Territory Cap Exemption.--Section 1108(a)(1) of the 
     Social Security Act shall be applied without regard to any 
     amount paid to a territory pursuant to this section that 
     would not have been paid to the territory in the absence of 
     this section.

     SEC. 9. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY 
                   FIRST TRANSITION ACT FUNDING CERTAINTY GRANTS.

       Section 602(c)(2) of division N of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94) is amended--
       (1) in subparagraph (C), in the matter preceding clause 
     (i), by striking ``The calculation'' and inserting ``Except 
     as provided in subparagraph (G), the calculation''; and
       (2) by adding at the end the following:
       ``(G) Adjustment of funding certainty baselines.--
       ``(i) Hold harmless for temporary increase in fmap.--For 
     each fiscal year specified in subparagraph (B), the Secretary 
     shall increase the maximum capped allocation for fiscal year 
     2019 or the final cost neutrality limit for fiscal year 2018 
     for a State or sub-State jurisdiction referred to in 
     subparagraph (A)(i), by the amount equal to the difference 
     between--

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

       ``(ii) Applicable federal medical assistance percentage.--
     For purposes of clause (i)(II), the Federal medical 
     assistance percentage applicable to a State for a fiscal year 
     specified in subparagraph (B) is the average of the values of 
     the Federal medical assistance percentage applicable to the 
     State in each quarter of such fiscal year under section 
     474(a)(1) of the Social Security Act (42 U.S.C. 674(a)(1)) 
     after application of any temporary increase in the Federal 
     medical assistance percentage for the State and quarter under 
     section 6008 of the Families First Coronavirus Response Act 
     (42 U.S.C. 1396d note) and any other Federal legislation 
     enacted during the period that begins on July 1, 2020, and 
     ends on December 31, 2021.''.

     SEC. 10. ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING 
                   FAMILIES SAFELY.

       (a) In General.--For purposes of section 511 of the Social 
     Security Act, during the COVID-19 public health emergency 
     period--
       (1) a virtual home visit shall be considered a home visit;
       (2) funding for, and staffing levels of, a program 
     conducted pursuant to such section shall not be reduced on 
     account of reduced enrollment in the program; and
       (3) funds provided for such a program may be used--
       (A) to train home visitors in conducting a virtual home 
     visit and in emergency preparedness and response planning for 
     families served, and may include training on how to safely 
     conduct intimate partner violence screenings remotely, 
     training on safety and planning for families served;
       (B) for the acquisition by families enrolled in the program 
     of such technological means as are needed to conduct and 
     support a virtual home visit; and
       (C) to provide emergency supplies to families served, 
     regardless of whether the provision of such supplies is 
     within the scope of the approved program, such as diapers, 
     formula, non-perishable food, water, hand soap, and hand 
     sanitizer.
       (b) Virtual Home Visit Defined.--In subsection (a), the 
     term ``virtual home visit'' means a home visit, as described 
     in an applicable service delivery model, that is conducted 
     solely by the use of electronic information and 
     telecommunications technologies.
       (c) Authority to Delay Deadlines.--
       (1) In general.--The Secretary may extend the deadline by 
     which a requirement of section 511 of the Social Security Act 
     must be met, by such period of time as the Secretary deems 
     appropriate, taking into consideration the impact of the 
     COVID-19 public health emergency on eligible entity home 
     visiting programs and the impact of families enrolled in home 
     visiting programs. The Secretary may delay the deadline for 
     submission, waive performance measures, or allow for 
     alternative data sources to be used to show improvement in 
     performance in the manner provided in section 511(d)(1) of 
     such Act.
       (2) Delay of deadline for statewide needs assessment.--The 
     Secretary may delay the October 1, 2020, deadline for 
     reviewing and updating any needs assessment required by 
     section 511(b)(1) or 511(h)(2)(A) of the Social Security Act, 
     but any such delay shall not affect the timing for, or amount 
     of, any payment to the State involved from the fiscal year 
     allotments available to the State under section 502(c) of 
     such Act.
       (3) Guidance.--The Secretary shall provide to eligible 
     entities funded under section 511 of the Social Security Act 
     information on the parameters used in extending a deadline 
     under paragraph (1) or (2) of this subsection.
       (d) Timely Release of Title V Funds.--The authorities 
     provided in this section shall not be interpreted to 
     authorize or require any delay in the timely release of funds 
     under title V of the Social Security Act.

[[Page H7649]]

  


     SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF 
                   MEDICAID FMAP.

       Section 6008 of the Families First Coronavirus Response Act 
     (Public Law 116-127) is amended by adding at the end the 
     following:
       ``(d) Application to Title IV-E Payments.--If the District 
     of Columbia receives the increase described in subsection (a) 
     in the Federal medical assistance percentage for the District 
     of Columbia with respect to a quarter, the Federal medical 
     assistance percentage for the District of Columbia, as so 
     increased, shall apply to payments made to the District of 
     Columbia under part E of title IV of the Social Security Act 
     (42 U.S.C. 670 et seq.) for that quarter, and the payments 
     under such part shall be deemed to be made on the basis of 
     the Federal medical assistance percentage applied with 
     respect to such District for purposes of title XIX of such 
     Act (42 U.S.C. 1396 et seq.) and as increased under 
     subsection (a).''.

            DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``American Miner Benefits 
     Improvement Act of 2020''.

     SEC. 2. TRANSFERS TO 1974UMWA PENSION PLAN.

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

                     DIVISION Z--ENERGY ACT OF 2020

     SEC. 101. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the 
     ``Energy Act of 2020''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

                     DIVISION Z--ENERGY ACT OF 2020

Sec. 101. Short title; table of contents.

                          TITLE I--EFFICIENCY

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

                           TITLE II--NUCLEAR

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

                TITLE III--RENEWABLE ENERGY AND STORAGE

         Subtitle A--Renewable Energy Research and Development

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

                Subtitle B--Natural Resources Provisions

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

                       Subtitle C--Energy Storage

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

                      TITLE IV--CARBON MANAGEMENT

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

                        TITLE V--CARBON REMOVAL

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

          TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

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

                      TITLE VII--CRITICAL MINERALS

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

                     TITLE VIII--GRID MODERNIZATION

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

               TITLE IX--DEPARTMENT OF ENERGY INNOVATION

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

                       TITLE X--ARPA-E AMENDMENTS

Sec. 10001. ARPA-E amendments.

                        TITLE XI--OTHER MATTERS

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

                          TITLE I--EFFICIENCY

     SEC. 1001. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR 
                   SCHOOLS.

       (a) Definition of School.--In this section, the term 
     ``school'' means--
       (1) an elementary school or secondary school (as defined in 
     section 8101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801));
       (2) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)));
       (3) a postsecondary vocational institution (as defined in 
     section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(c)));

[[Page H7650]]

       (4) a school of the defense dependents' education system 
     under the Defense Dependents' Education Act of 1978 (20 
     U.S.C. 921 et seq.) or established under section 2164 of 
     title 10, United States Code;
       (5) a school operated by the Bureau of Indian Education;
       (6) a tribally controlled school (as defined in section 
     5212 of the Tribally Controlled Schools Act of 1988 (25 
     U.S.C. 2511)); and
       (7) a Tribal College or University (as defined in section 
     316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b))).
       (b) Designation of Lead Agency.--The Secretary of Energy 
     (in this section referred to as the ``Secretary''), acting 
     through the Office of Energy Efficiency and Renewable Energy, 
     shall act as the lead Federal agency for coordinating and 
     disseminating information on existing Federal programs and 
     assistance that may be used to help initiate, develop, and 
     finance energy efficiency, renewable energy, and energy 
     retrofitting projects for schools.
       (c) Requirements.--In carrying out coordination and 
     outreach under subsection (b), the Secretary shall--
       (1) in consultation and coordination with the appropriate 
     Federal agencies, carry out a review of existing programs and 
     financing mechanisms (including revolving loan funds and loan 
     guarantees) available in or from the Department of 
     Agriculture, the Department of Energy, the Department of 
     Education, the Department of the Treasury, the Internal 
     Revenue Service, the Environmental Protection Agency, and 
     other appropriate Federal agencies with jurisdiction over 
     energy financing and facilitation that are currently used or 
     may be used to help initiate, develop, and finance energy 
     efficiency, renewable energy, and energy retrofitting 
     projects for schools;
       (2) establish a Federal cross-departmental collaborative 
     coordination, education, and outreach effort to streamline 
     communication and promote available Federal opportunities and 
     assistance described in paragraph (1), for energy efficiency, 
     renewable energy, and energy retrofitting projects that 
     enables States, local educational agencies, and schools--
       (A) to use existing Federal opportunities more effectively; 
     and
       (B) to form partnerships with Governors, State energy 
     programs, local educational, financial, and energy officials, 
     State and local government officials, nonprofit 
     organizations, and other appropriate entities, to support the 
     initiation of the projects;
       (3) provide technical assistance for States, local 
     educational agencies, and schools to help develop and finance 
     energy efficiency, renewable energy, and energy retrofitting 
     projects--
       (A) to increase the energy efficiency of buildings or 
     facilities;
       (B) to install systems that individually generate energy 
     from renewable energy resources;
       (C) to establish partnerships to leverage economies of 
     scale and additional financing mechanisms available to larger 
     clean energy initiatives; or
       (D) to promote--
       (i) the maintenance of health, environmental quality, and 
     safety in schools, including the ambient air quality, through 
     energy efficiency, renewable energy, and energy retrofit 
     projects; and
       (ii) the achievement of expected energy savings and 
     renewable energy production through proper operations and 
     maintenance practices;
       (4) develop and maintain a single online resource website 
     with contact information for relevant technical assistance 
     and support staff in the Office of Energy Efficiency and 
     Renewable Energy for States, local educational agencies, and 
     schools to effectively access and use Federal opportunities 
     and assistance described in paragraph (1) to develop energy 
     efficiency, renewable energy, and energy retrofitting 
     projects; and
       (5) establish a process for recognition of schools that--
       (A) have successfully implemented energy efficiency, 
     renewable energy, and energy retrofitting projects; and
       (B) are willing to serve as resources for other local 
     educational agencies and schools to assist initiation of 
     similar efforts.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the implementation of this section.

     SEC. 1002. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN 
                   FEDERAL BUILDINGS.

       (a) Reports.--Section 548(b) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8258(b)) is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) in paragraph (4), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5)(A) the status of the energy savings performance 
     contracts and utility energy service contracts of each 
     agency, to the extent that the information is not duplicative 
     of information provided to the Secretary under a separate 
     authority;
       ``(B) the quantity and investment value of the contracts 
     for the previous year;
       ``(C) the guaranteed energy savings, or for contracts 
     without a guarantee, the estimated energy savings, for the 
     previous year, as compared to the measured energy savings for 
     the previous year;
       ``(D) a forecast of the estimated quantity and investment 
     value of contracts anticipated in the following year for each 
     agency; and
       ``(E)(i) a comparison of the information described in 
     subparagraph (B) and the forecast described in subparagraph 
     (D) in the report of the previous year; and
       ``(ii) if applicable, the reasons for any differences in 
     the data compared under clause (i).''.
       (b) Definition of Energy Conservation Measures.--Section 
     551(4) of the National Energy Conservation Policy Act (42 
     U.S.C. 8259(4)) is amended by striking ``or retrofit 
     activities'' and inserting ``retrofit activities, or energy 
     consuming devices and required support structures''.
       (c) Authority to Enter Into Contracts.--Section 
     801(a)(2)(F) of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287(a)(2)(F)) is amended--
       (1) in clause (i), by striking ``or'' at the end;
       (2) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(iii) limit the recognition of operation and maintenance 
     savings associated with systems modernized or replaced with 
     the implementation of energy conservation measures, water 
     conservation measures, or any combination of energy 
     conservation measures and water conservation measures.''.
       (d) Miscellaneous Authority; Excluded Contracts.--Section 
     801(a)(2) of the National Energy Conservation Policy Act (42 
     U.S.C. 8287(a)(2)) is amended by adding at the end the 
     following:
       ``(H) Miscellaneous authority.--Notwithstanding subtitle I 
     of title 40, United States Code, a Federal agency may accept, 
     retain, sell, or transfer, and apply the proceeds of the sale 
     or transfer of, any energy and water incentive, rebate, grid 
     services revenue, or credit (including a renewable energy 
     certificate) to fund a contract under this title.
       ``(I) Excluded contracts.--A contract entered into under 
     this title may not be for work performed--
       ``(i) at a Federal hydroelectric facility that provides 
     power marketed by a Power Marketing Administration; or
       ``(ii) at a hydroelectric facility owned and operated by 
     the Tennessee Valley Authority established under the 
     Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et 
     seq.).''.
       (e) Payment of Costs.--Section 802 of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287a) is amended by 
     striking ``(and related operation and maintenance expenses)'' 
     and inserting ``, including related operations and 
     maintenance expenses''.
       (f) Definition of Energy Savings.--Section 804(2) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287c(2)) 
     is amended--
       (1) in subparagraph (A), by striking ``federally owned 
     building or buildings or other federally owned facilities'' 
     and inserting ``Federal building (as defined in section 
     551)'' each place it appears;
       (2) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (3) in subparagraph (D), by striking the period at the end 
     and inserting a semicolon; and
       (4) by adding at the end the following:
       ``(E) the use, sale, or transfer of any energy and water 
     incentive, rebate, grid services revenue, or credit 
     (including a renewable energy certificate); and
       ``(F) any revenue generated from a reduction in energy or 
     water use, more efficient waste recycling, or additional 
     energy generated from more efficient equipment.''.
       (g) Energy and Water Conservation Measures.--Section 543 of 
     the National Energy Conservation Policy Act (42 U.S.C. 8253) 
     is amended--
       (1) in the section heading, by inserting ``AND WATER'' 
     after ``ENERGY'';
       (2) in subsection (b)--
       (A) in the subsection heading, by inserting ``and Water'' 
     after ``Energy''; and
       (B) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) In general.--Each agency shall--
       ``(A) not later than October 1, 2022, to the maximum extent 
     practicable, begin installing in Federal buildings owned by 
     the United States all energy and water conservation measures 
     determined by the Secretary to be life cycle cost-effective 
     (as defined in subsection (f)(1)); and
       ``(B) complete the installation described in subparagraph 
     (A) as soon as practicable after the date referred to in that 
     subparagraph.
       ``(2) Explanation of noncompliance.--
       ``(A) In general.--If an agency fails to comply with 
     paragraph (1), the agency shall submit to the Secretary, 
     using guidelines developed by the Secretary, an explanation 
     of the reasons for the failure.
       ``(B) Report to congress.--Not later than January 1, 2022, 
     and every 2 years thereafter, the Secretary shall submit to 
     Congress a report that describes any noncompliance by an 
     agency with the requirements of paragraph (1).'';
       (3) in subsection (c)(1)--
       (A) in subparagraph (A)--
       (i) in the matter preceding clause (i), by striking ``An 
     agency'' and inserting ``The head of each agency''; and
       (ii) by inserting ``or water'' after ``energy'' each place 
     it appears; and
       (B) in subparagraph (B)(i), by inserting ``or water'' after 
     ``energy'';
       (4) in subsection (d)(2), by inserting ``and water'' after 
     ``energy'';
       (5) in subsection (e)--
       (A) in the subsection heading, by inserting ``and Water'' 
     after ``Energy'';
       (B) in paragraph (1)--
       (i) in the first sentence--

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

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

[[Page H7651]]

       (i) in subparagraph (A)--

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

       (ii) in subparagraph (B)--

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

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

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

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

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

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

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

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

``Sec. 543. Energy and water management requirements.''.

     SEC. 1003. ENERGY EFFICIENT DATA CENTERS.

       Section 453 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17112) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(D)(iv), by striking ``determined by 
     the organization'' and inserting ``proposed by the 
     stakeholders''; and
       (B) by striking paragraph (3); and
       (2) by striking subsections (c) through (g) and inserting 
     the following:
       ``(c) Stakeholder Involvement.--
       ``(1) In general.--The Secretary and the Administrator 
     shall carry out subsection (b) in collaboration with the 
     information technology industry and other key stakeholders, 
     with the goal of producing results that accurately reflect 
     the most relevant and useful information.
       ``(2) Considerations.--In carrying out the collaboration 
     described in paragraph (1), the Secretary and the 
     Administrator shall pay particular attention to organizations 
     that--
       ``(A) have members with expertise in energy efficiency and 
     in the development, operation, and functionality of data 
     centers, information technology equipment, and software, 
     including representatives of hardware manufacturers, data 
     center operators, and facility managers;
       ``(B) obtain and address input from the National 
     Laboratories (as that term is defined in section 2 of the 
     Energy Policy Act of 2005 (42 U.S.C. 15801)) or any 
     institution of higher education, research institution, 
     industry association, company, or public interest group with 
     applicable expertise;
       ``(C) follow--
       ``(i) commonly accepted procedures for the development of 
     specifications; and
       ``(ii) accredited standards development processes; or
       ``(D) have a mission to promote energy efficiency for data 
     centers and information technology.
       ``(d) Measurements and Specifications.--The Secretary and 
     the Administrator shall consider and assess the adequacy of 
     the specifications, measurements, best practices, and 
     benchmarks described in subsection (b) for use by the Federal 
     Energy Management Program, the Energy Star Program, and other 
     efficiency programs of the Department of Energy or the 
     Environmental Protection Agency.
       ``(e) Study.--
       ``(1) Definition of report.--In this subsection, the term 
     `report' means the report of the Lawrence Berkeley National 
     Laboratory entitled `United States Data Center Energy Usage 
     Report' and dated June 2016, which was prepared as an update 
     to the `Report to Congress on Server and Data Center Energy 
     Efficiency', published on August 2, 2007, pursuant to section 
     1 of Public Law 109-431 (120 Stat. 2920).
       ``(2) Study.--Not later than 4 years after the date of 
     enactment of the Energy Act of 2020, the Secretary, in 
     collaboration with the Administrator, shall make available to 
     the public an update to the report that provides--
       ``(A) a comparison and gap analysis of the estimates and 
     projections contained in the report with new data regarding 
     the period from 2015 through 2019;
       ``(B) an analysis considering the impact of information 
     technologies, including virtualization and cloud computing, 
     in the public and private sectors;
       ``(C) an evaluation of the impact of the combination of 
     cloud platforms, mobile devices, social media, and big data 
     on data center energy usage;
       ``(D) an evaluation of water usage in data centers and 
     recommendations for reductions in that water usage; and
       ``(E) updated projections and recommendations for best 
     practices through fiscal year 2025.
       ``(f) Data Center Energy Practitioner Program.--
       ``(1) In general.--The Secretary, in collaboration with key 
     stakeholders and the Director of the Office of Management and 
     Budget, shall maintain a data center energy practitioner 
     program that provides for the certification of energy 
     practitioners qualified to evaluate the energy usage and 
     efficiency opportunities in federally owned and operated data 
     centers.
       ``(2) Evaluations.--Each Federal agency shall consider 
     having the data centers of the agency evaluated once every 4 
     years by energy practitioners certified pursuant to the 
     program, whenever practicable using certified practitioners 
     employed by the agency.
       ``(g) Open Data Initiative.--
       ``(1) In general.--The Secretary, in collaboration with key 
     stakeholders and the Director of the Office of Management and 
     Budget, shall establish an open data initiative relating to 
     energy usage at federally owned and operated data centers, 
     with the purpose of making the data available and accessible 
     in a manner that encourages further data center innovation, 
     optimization, and consolidation.
       ``(2) Consideration.--In establishing the initiative under 
     paragraph (1), the Secretary shall consider using the online 
     Data Center Maturity Model.
       ``(h) International Specifications and Metrics.--The 
     Secretary, in collaboration with key stakeholders, shall 
     actively participate in efforts to harmonize global 
     specifications and

[[Page H7652]]

     metrics for data center energy and water efficiency.
       ``(i) Data Center Utilization Metric.--The Secretary, in 
     collaboration with key stakeholders, shall facilitate in the 
     development of an efficiency metric that measures the energy 
     efficiency of a data center (including equipment and 
     facilities).
       ``(j) Protection of Proprietary Information.--The Secretary 
     and the Administrator shall not disclose any proprietary 
     information or trade secrets provided by any individual or 
     company for the purposes of carrying out this section or the 
     programs and initiatives established under this section.''.

     SEC. 1004. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION 
                   TECHNOLOGIES.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is amended by adding at the end the 
     following:
       ``(h) Federal Implementation Strategy for Energy-Efficient 
     and Energy-Saving Information Technologies.--
       ``(1) Definitions.--In this subsection:
       ``(A) Director.--The term `Director' means the Director of 
     the Office of Management and Budget.
       ``(B) Information technology.--The term `information 
     technology' has the meaning given that term in section 11101 
     of title 40, United States Code.
       ``(2) Development of implementation strategy.--Not later 
     than 1 year after the date of enactment of the Energy Act of 
     2020, each Federal agency shall coordinate with the Director, 
     the Secretary, and the Administrator of the Environmental 
     Protection Agency to develop an implementation strategy 
     (including best-practices and measurement and verification 
     techniques) for the maintenance, purchase, and use by the 
     Federal agency of energy-efficient and energy-saving 
     information technologies at or for facilities owned and 
     operated by the Federal agency, taking into consideration the 
     performance goals established under paragraph (4).
       ``(3) Administration.--In developing an implementation 
     strategy under paragraph (2), each Federal agency shall 
     consider--
       ``(A) advanced metering infrastructure;
       ``(B) energy efficient data center strategies and methods 
     of increasing asset and infrastructure utilization;
       ``(C) advanced power management tools;
       ``(D) building information modeling, including building 
     energy management;
       ``(E) secure telework and travel substitution tools; and
       ``(F) mechanisms to ensure that the agency realizes the 
     energy cost savings of increased efficiency and utilization.
       ``(4) Performance goals.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of the Energy Act of 2020, the Director, in 
     consultation with the Secretary, shall establish performance 
     goals for evaluating the efforts of Federal agencies in 
     improving the maintenance, purchase, and use of energy-
     efficient and energy-saving information technology at or for 
     facilities owned and operated by the Federal agencies.
       ``(B) Best practices.--The Chief Information Officers 
     Council established under section 3603 of title 44, United 
     States Code, shall recommend best practices for the 
     attainment of the performance goals established under 
     subparagraph (A), which shall include, to the extent 
     applicable by law, consideration by a Federal agency of the 
     use of--
       ``(i) energy savings performance contracting; and
       ``(ii) utility energy services contracting.
       ``(5) Reports.--
       ``(A) Agency reports.--Each Federal agency shall include in 
     the report of the agency under section 527 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17143) a 
     description of the efforts and results of the agency under 
     this subsection.
       ``(B) OMB government efficiency reports and scorecards.--
     Effective beginning not later than October 1, 2022, the 
     Director shall include in the annual report and scorecard of 
     the Director required under section 528 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17144) a 
     description of the efforts and results of Federal agencies 
     under this subsection.
       ``(C) Use of existing reporting structures.--The Director 
     may require Federal agencies to submit any information 
     required to be submitted under this subsection though 
     reporting structures in use as of the date of enactment of 
     the Energy Act of 2020.''.

     SEC. 1005. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.

       (a) Definitions.--In this section:
       (1) Electric motor.--The term ``electric motor'' has the 
     meaning given the term in section 431.12 of title 10, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act).
       (2) Electronic control.--The term ``electronic control'' 
     means--
       (A) a power converter; or
       (B) a combination of a power circuit and control circuit 
     included on 1 chassis.
       (3) Extended product system.--The term ``extended product 
     system'' means an electric motor and any required associated 
     electronic control and driven load that--
       (A) offers variable speed or multispeed operation;
       (B) offers partial load control that reduces input energy 
     requirements (as measured in kilowatt-hours) as compared to 
     identified base levels set by the Secretary of Energy (in 
     this section referred to as the ``Secretary''); and
       (C)(i) has greater than 1 horsepower; and
       (ii) uses an extended product system technology, as 
     determined by the Secretary.
       (4) Qualified extended product system.--
       (A) In general.--The term ``qualified extended product 
     system'' means an extended product system that--
       (i) includes an electric motor and an electronic control; 
     and
       (ii) reduces the input energy (as measured in kilowatt-
     hours) required to operate the extended product system by not 
     less than 5 percent, as compared to identified base levels 
     set by the Secretary.
       (B) Inclusions.--The term ``qualified extended product 
     system'' includes commercial or industrial machinery or 
     equipment that--
       (i)(I) did not previously make use of the extended product 
     system prior to the redesign described in subclause (II); and
       (II) incorporates an extended product system that has 
     greater than 1 horsepower into redesigned machinery or 
     equipment; and
       (ii) was previously used prior to, and was placed back into 
     service during, calendar year 2021 or 2022.
       (b) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall establish a 
     program to provide rebates for expenditures made by qualified 
     entities for the purchase or installation of a qualified 
     extended product system.
       (c) Qualified Entities.--
       (1) Eligibility requirements.--A qualified entity under 
     this section shall be--
       (A) in the case of a qualified extended product system 
     described in subsection (a)(4)(A), the purchaser of the 
     qualified extended product that is installed; and
       (B) in the case of a qualified extended product system 
     described in subsection (a)(4)(B), the manufacturer of the 
     commercial or industrial machinery or equipment that 
     incorporated the extended product system into that machinery 
     or equipment.
       (2) Application.--To be eligible to receive a rebate under 
     this section, a qualified entity shall submit to the 
     Secretary--
       (A) an application in such form, at such time, and 
     containing such information as the Secretary may require; and
       (B) a certification that includes demonstrated evidence--
       (i) that the entity is a qualified entity; and
       (ii)(I) in the case of a qualified entity described in 
     paragraph (1)(A)--

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

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

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

       (d) Authorized Amount of Rebate.--
       (1) In general.--The Secretary may provide to a qualified 
     entity a rebate in an amount equal to the product obtained by 
     multiplying--
       (A) an amount equal to the sum of the nameplate rated 
     horsepower of--
       (i) the electric motor to which the qualified extended 
     product system is attached; and
       (ii) the electronic control; and
       (B) $25.
       (2) Maximum aggregate amount.--A qualified entity shall not 
     be entitled to aggregate rebates under this section in excess 
     of $25,000 per calendar year.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2022 and 2023.

     SEC. 1006. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.

       (a) Definitions.--In this section:
       (1) Qualified energy efficient transformer.--The term 
     ``qualified energy efficient transformer'' means a 
     transformer that meets or exceeds the applicable energy 
     conservation standards described in the tables in subsection 
     (b)(2) and paragraphs (1) and (2) of subsection (c) of 
     section 431.196 of title 10, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act).
       (2) Qualified energy inefficient transformer.--The term 
     ``qualified energy inefficient transformer'' means a 
     transformer with an equal number of phases and capacity to a 
     transformer described in any of the tables in subsection 
     (b)(2) and paragraphs (1) and (2) of subsection (c) of 
     section 431.196 of title 10, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act) that--
       (A) does not meet or exceed the applicable energy 
     conservation standards described in paragraph (1); and
       (B)(i) was manufactured between January 1, 1987, and 
     December 31, 2008, for a transformer with an equal number of 
     phases and capacity as a transformer described in the table 
     in subsection (b)(2) of section 431.196 of title 10, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this Act); or
       (ii) was manufactured between January 1, 1992, and December 
     31, 2011, for a transformer with an equal number of phases 
     and capacity as a transformer described in the table in 
     paragraph (1) or (2) of subsection (c) of that section (as in 
     effect on the date of enactment of this Act).
       (3) Qualified entity.--The term ``qualified entity'' means 
     an owner of industrial or manufacturing facilities, 
     commercial buildings, or multifamily residential buildings, a 
     utility, or an energy service company that fulfills the 
     requirements of subsection (c).

[[Page H7653]]

       (b) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Energy (in this 
     section referred to as the ``Secretary'') shall establish a 
     program to provide rebates to qualified entities for 
     expenditures made by the qualified entity for the replacement 
     of a qualified energy inefficient transformer with a 
     qualified energy efficient transformer.
       (c) Requirements.--To be eligible to receive a rebate under 
     this section, an entity shall submit to the Secretary an 
     application in such form, at such time, and containing such 
     information as the Secretary may require, including 
     demonstrated evidence--
       (1) that the entity purchased a qualified energy efficient 
     transformer;
       (2) of the core loss value of the qualified energy 
     efficient transformer;
       (3) of the age of the qualified energy inefficient 
     transformer being replaced;
       (4) of the core loss value of the qualified energy 
     inefficient transformer being replaced--
       (A) as measured by a qualified professional or verified by 
     the equipment manufacturer, as applicable; or
       (B) for transformers described in subsection (a)(2)(B)(i), 
     as selected from a table of default values as determined by 
     the Secretary in consultation with applicable industry; and
       (5) that the qualified energy inefficient transformer has 
     been permanently decommissioned and scrapped.
       (d) Authorized Amount of Rebate.--The amount of a rebate 
     provided under this section shall be--
       (1) for a 3-phase or single-phase transformer with a 
     capacity of not less than 10 and not greater than 2,500 
     kilovolt-amperes, twice the amount equal to the difference in 
     Watts between the core loss value (as measured in accordance 
     with paragraphs (2) and (4) of subsection (c)) of--
       (A) the qualified energy inefficient transformer; and
       (B) the qualified energy efficient transformer; or
       (2) for a transformer described in subsection (a)(2)(B)(i), 
     the amount determined using a table of default rebate values 
     by rated transformer output, as measured in kilovolt-amperes, 
     as determined by the Secretary in consultation with 
     applicable industry.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of fiscal years 2022 and 2023.
       (f) Termination of Effectiveness.--The authority provided 
     by this section terminates on December 31, 2023.

     SEC. 1007. SMART BUILDING ACCELERATION.

       (a) Definitions.--In this section:
       (1) Department.--The term ``Department'' means the 
     Department of Energy.
       (2) Program.--The term ``program'' means the Federal Smart 
     Building Program established under subsection (b)(1).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (4) Smart building.--The term ``smart building'' means a 
     building, or collection of buildings, with an energy system 
     that--
       (A) is flexible and automated;
       (B) has extensive operational monitoring and communication 
     connectivity, allowing remote monitoring and analysis of all 
     building functions;
       (C) takes a systems-based approach in integrating the 
     overall building operations for control of energy generation, 
     consumption, and storage;
       (D) communicates with utilities and other third-party 
     commercial entities, if appropriate;
       (E) protects the health and safety of occupants and 
     workers; and
       (F) incorporates cybersecurity best practices.
       (5) Smart building accelerator.--The term ``smart building 
     accelerator'' means an initiative that is designed to 
     demonstrate specific innovative policies and approaches--
       (A) with clear goals and a clear timeline; and
       (B) that, on successful demonstration, would accelerate 
     investment in energy efficiency.
       (b) Federal Smart Building Program.--
       (1) Establishment.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall, in consultation 
     with the Administrator of General Services, establish a 
     program to be known as the ``Federal Smart Building 
     Program''--
       (A) to implement smart building technology; and
       (B) to demonstrate the costs and benefits of smart 
     buildings.
       (2) Selection.--
       (A) In general.--The Secretary shall coordinate the 
     selection of not fewer than 1 building from among each of 
     several key Federal agencies, as described in paragraph (4), 
     to compose an appropriately diverse set of smart buildings 
     based on size, type, and geographic location.
       (B) Inclusion of commercially operated buildings.--In 
     making selections under subparagraph (A), the Secretary may 
     include buildings that are owned by the Federal Government 
     but are commercially operated.
       (3) Targets.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall establish targets 
     for the number of smart buildings to be commissioned and 
     evaluated by key Federal agencies by 3 years and 6 years 
     after the date of enactment of this Act.
       (4) Federal agency described.--The key Federal agencies 
     referred to paragraph (2)(A) shall include buildings operated 
     by--
       (A) the Department of the Army;
       (B) the Department of the Navy;
       (C) the Department of the Air Force;
       (D) the Department;
       (E) the Department of the Interior;
       (F) the Department of Veterans Affairs; and
       (G) the General Services Administration.
       (5) Requirement.--In implementing the program, the 
     Secretary shall leverage existing financing mechanisms 
     including energy savings performance contracts, utility 
     energy service contracts, and annual appropriations.
       (6) Evaluation.--Using the guidelines of the Federal Energy 
     Management Program relating to whole-building evaluation, 
     measurement, and verification, the Secretary shall evaluate 
     the costs and benefits of the buildings selected under 
     paragraph (2), including an identification of--
       (A) which advanced building technologies--
       (i) are most cost-effective; and
       (ii) show the most promise for--

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

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

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

       (B) any other information the Secretary determines to be 
     appropriate.
       (d) Better Building Challenge.--As part of the Better 
     Building Challenge of the Department, the Secretary, in 
     consultation with major private sector property owners, shall 
     develop smart building accelerators to demonstrate innovative 
     policies and approaches that will accelerate the transition 
     to smart buildings in the public, institutional, and 
     commercial buildings sectors.
       (e) Research and Development on Integrating Buildings Onto 
     the Electric Grid.--
       (1) In general.--Subtitle B of title IV of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17081 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 426. ADVANCED INTEGRATION OF BUILDINGS ONTO THE 
                   ELECTRIC GRID.

       ``(a) In General.--The Secretary shall establish a program 
     of research, development, and demonstration to enable 
     components of commercial and residential buildings to serve 
     as dynamic energy loads on and resources for the electric 
     grid. The program shall focus on--
       ``(1) developing low-cost, low power, wireless sensors to--
       ``(A) monitor building energy load;
       ``(B) forecast building energy need; and
       ``(C) enable building-level energy control;
       ``(2) developing data management capabilities and standard 
     communication protocols to further interoperability at the 
     building and grid-level;
       ``(3) developing advanced building-level energy management 
     of components through integration of smart technologies, 
     control systems, and data processing, to enable energy 
     efficiency and savings;
       ``(4) optimizing energy consumption at the building level 
     to enable grid stability and resilience;
       ``(5) improving visualization of behind the meter equipment 
     and technologies to provide better insight into the energy 
     needs and energy forecasts of individual buildings;
       ``(6) reducing the cost of key components to accelerate the 
     adoption of smart building technologies;
       ``(7) protecting against cybersecurity threats and 
     addressing security vulnerabilities of building systems or 
     equipment; and
       ``(8) other areas determined appropriate by the Secretary.
       ``(b) Considerations.--In carrying out the program under 
     subsection (a), the Secretary shall--
       ``(1) work with utility partners, building owners, 
     technology vendors, and building developers to test and 
     validate technologies and encourage the commercial 
     application of these technologies by building owners; and
       ``(2) consider the specific challenges of enabling greater 
     interaction between components of--
       ``(A) small- and medium-sized buildings and the electric 
     grid; and
       ``(B) residential and commercial buildings and the electric 
     grid.
       ``(c) Buildings-to-grid Integration Report.--Not later than 
     1 year after the enactment of this section, the Secretary 
     shall submit to the Committee on Science, Space, and 
     Technology and the Committee on Energy and Commerce of the 
     House of Representatives and the

[[Page H7654]]

     Committee on Energy and Natural Resources of the Senate a 
     report on the results of a study that examines the research, 
     development, and demonstration opportunities, challenges, and 
     standards needed to enable components of commercial and 
     residential buildings to serve as dynamic energy loads on and 
     resources for the electric grid.
       ``(1) Report requirements.--The report shall include--
       ``(A) an assessment of the technologies needed to enable 
     building components as dynamic loads on and resources for the 
     electric grid, including how such technologies can be--
       ``(i) incorporated into new commercial and residential 
     buildings; and
       ``(ii) retrofitted in older buildings;
       ``(B) guidelines for the design of new buildings and 
     building components to enable modern grid interactivity and 
     improve energy efficiency;
       ``(C) an assessment of barriers to the adoption by building 
     owners of advanced technologies enabling greater integration 
     of building components onto the electric grid; and
       ``(D) an assessment of the feasibility of adopting 
     technologies developed under subsection (a) at Department 
     facilities.
       ``(2) Recommendations.--As part of the report, the 
     Secretary shall develop a 10-year roadmap to guide the 
     research, development, and demonstration program to enable 
     components of commercial and residential buildings to serve 
     as dynamic energy loads on and resources for the electric 
     grid.
       ``(3) Updates.--The Secretary shall update the report 
     required under this section every 3 years for the duration of 
     the program under subsection (a) and shall submit the updated 
     report to the Committee on Science, Space, and Technology and 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       ``(d) Program Implementation.--In carrying out this 
     section, the Secretary shall--
       ``(1) implement the recommendations from the report in 
     subsection (c); and
       ``(2) coordinate across all relevant program offices at the 
     Department to achieve the goals established in this section, 
     including the Office of Electricity.''.
       (2) Conforming amendment.--The table of contents for the 
     Energy Independence and Security Act of 2007 is amended by 
     adding after the item relating to section 425 the following:

``Sec. 426. Advanced integration of buildings onto the electric 
              grid.''.
       (f) Report.--Not later than 2 years after the date of 
     enactment of this Act, and every 2 years thereafter until a 
     total of 3 reports have been made, the Secretary shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Energy and Commerce and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives a report on--
       (1) the establishment of the Federal Smart Building Program 
     and the evaluation of Federal smart buildings under 
     subsection (b);
       (2) the survey and evaluation of private sector smart 
     buildings under subsection (c); and
       (3) any recommendations of the Secretary to further 
     accelerate the transition to smart buildings.

     SEC. 1008. MODIFICATIONS TO THE CEILING FAN ENERGY 
                   CONSERVATION STANDARD.

       (a) In General.--Section 325(ff)(6) of the Energy Policy 
     and Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by 
     adding at the end the following:
       ``(C)(i) Large-diameter ceiling fans manufactured on or 
     after January 21, 2020, shall--
       ``(I) not be required to meet minimum ceiling fan 
     efficiency in terms of ratio of the total airflow to the 
     total power consumption as described in the final rule titled 
     `Energy Conservation Program: Energy Conservation Standards 
     for Ceiling Fans' (82 Fed. Reg. 6826 (January 19, 2017)); and
       ``(II) have a CFEI greater than or equal to--
       ``(aa) 1.00 at high speed; and
       ``(bb) 1.31 at 40 percent speed or the nearest speed that 
     is not less than 40 percent speed.
       ``(ii) For purposes of this subparagraph, the term `CFEI' 
     means the Fan Energy Index for large-diameter ceiling fans, 
     calculated in accordance with ANSI/AMCA Standard 208-18 
     titled `Calculation of the Fan Energy Index', with the 
     following modifications:
       ``(I) Using an Airflow Constant (Q0) of 26,500 
     cubic feet per minute.
       ``(II) Using a Pressure Constant (P0) of 0.0027 
     inches water gauge.
       ``(III) Using a Fan Efficiency Constant (h0) of 
     42 percent.''.
       (b) Revision.--For purposes of section 325(m) of the Energy 
     Policy and Conservation Act (42 U.S.C. 6295(m)), the standard 
     established in section 325(ff)(6)(C) of such Act (as added by 
     subsection (a) of this section) shall be treated as if such 
     standard was issued on January 19, 2017.

     SEC. 1009. REPORT ON ELECTROCHROMIC GLASS.

       (a) Definition of Electrochromic Glass.--In this section, 
     the term ``electrochromic glass'' means glass that uses 
     electricity to change the light transmittance properties of 
     the glass to heat or cool a structure.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy, in 
     collaboration with the heads of other relevant agencies, 
     shall submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Energy and Commerce of the 
     House of Representatives a report that addresses the benefits 
     of electrochromic glass, including the following:
       (1) Reductions in energy consumption in commercial 
     buildings, especially peak cooling load reduction and annual 
     energy bill savings.
       (2) Benefits in the workplace, especially visual comfort 
     and employee health.
       (3) Benefits of natural light in hospitals for patients and 
     staff, especially accelerated patient healing and recovery 
     time.

     SEC. 1010. ENERGY AND WATER FOR SUSTAINABILITY.

       (a) Nexus of Energy and Water for Sustainability.--
       (1) Definitions.--In this section:
       (A) Department.--The term ``Department'' means the 
     Department of Energy.
       (B) Energy-water nexus.--The term ``energy-water nexus'' 
     means the links between--
       (i) the water needed to produce fuels, electricity, and 
     other forms of energy; and
       (ii) the energy needed to transport, reclaim, and treat 
     water and wastewater.
       (C) Interagency rd&d coordination committee.--The term 
     ``Interagency RD&D Coordination Committee'' means the 
     Interagency RD&D Coordination Committee on the Nexus of 
     Energy and Water for Sustainability (or the ``NEWS RD&D 
     Committee'') established under paragraph (3)(A).
       (D) Nexus of energy and water sustainability rd&d office; 
     news rd&d office.--The term ``Nexus of Energy and Water 
     Sustainability RD&D Office'' or the ``NEWS RD&D Office'' 
     means an office located at the Department and managed in 
     cooperation with the Department of the Interior pursuant to 
     an agreement between the 2 agencies to carry out leadership 
     and administrative functions for the Interagency RD&D 
     Coordination Committee.
       (E) RD&D.--The term ``RD&D'' means research, development, 
     and demonstration.
       (F) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (2) Statement of policy.--Recognizing States' primacy over 
     allocation and administration of water resources (except in 
     specific instances where preempted under Federal law) and the 
     siting of energy infrastructure within State boundaries on 
     non-Federal lands, it is the national policy that the Federal 
     government, in all energy-water nexus management activities, 
     shall maximize coordination and consultation among Federal 
     agencies and with State and local governments, and 
     disseminate information to the public in the most effective 
     manner.
       (3) Interagency rd&d coordination committee.--
       (A) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary and the Secretary of 
     the Interior shall establish the joint NEWS RD&D Office and 
     Interagency RD&D Coordination Committee on the Nexus of 
     Energy and Water for Sustainability (or the ``NEWS RD&D 
     Committee'') to carry out the duties described in 
     subparagraph (C).
       (B) Administration.--
       (i) Chairs.--The Secretary and the Secretary of the 
     Interior shall jointly manage the NEWS RD&D Office and serve 
     as co-chairs of the Interagency RD&D Coordination Committee.
       (ii) Membership; staffing.--Membership and staffing shall 
     be determined by the co-chairs.
       (C) Duties.--The Interagency RD&D Coordination Committee 
     shall--
       (i) serve as a forum for developing common Federal goals 
     and plans on energy-water nexus RD&D activities, in 
     coordination with the National Science and Technology 
     Council;
       (ii) not later than 1 year after the date of enactment of 
     this Act, and biennially thereafter, issue a strategic plan 
     on energy-water nexus RD&D activities, priorities, and 
     objectives pursuant to subparagraph (D), which shall be 
     developed in consultation with relevant State and local 
     governments;
       (iii) convene and promote coordination of RD&D activities 
     of relevant Federal departments and agencies on energy-water 
     nexus;
       (iv)(I) coordinate and develop capabilities and 
     methodologies related to RD&D activities for data collection, 
     data communication protocols (including models and modeling 
     results), data management, and dissemination of validated 
     data and results related to energy-water nexus RD&D 
     activities to requesting Federal departments and agencies; 
     and
       (II) promote information exchange between Federal 
     departments and agencies--

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

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

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

       (D) Strategic plan.--In developing the strategic plan 
     pursuant to (C)(ii), the Interagency RD&D Coordination 
     Committee shall--
       (i) to the maximum extent possible, avoid duplication with 
     other Federal RD&D programs,

[[Page H7655]]

     and projects, including with those of the National 
     Laboratories;
       (ii) consider inclusion of specific research, development 
     and demonstration needs, including--

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

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

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

       (4) Crosscut budget.--Not later than 30 days after the 
     President submits the budget of the United States Government 
     under section 1105 of title 31, United States Code, the co-
     chairs of the Interagency RD&D Coordination Committee (acting 
     through the NEWS RD&D Office) shall submit to the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committees on Science, Space, and Technology, Energy and 
     Commerce, and Natural Resources of the House of 
     Representatives, an interagency budget crosscut report that 
     displays at the program-, project-, and activity-level for 
     each of the Federal agencies that carry out or support 
     (including through grants, contracts, interagency and 
     intraagency transfers, and multiyear and no-year funds) basic 
     and applied RD&D activities to advance the energy-water nexus 
     related science and technologies, including--
       (A) the budget proposed in the budget request of the 
     President for the upcoming fiscal year;
       (B) expenditures and obligations for the prior fiscal year; 
     and
       (C) estimated expenditures and obligations for the current 
     fiscal year.
       (5) Termination.--
       (A) In general.--The authority provided to the NEWS RD&D 
     Office and NEWS RD&D Committee under this subsection shall 
     terminate on the date that is 7 years after the date of 
     enactment of this Act.
       (B) Effect.--The termination of authority under 
     subparagraph (A) shall not affect ongoing interagency 
     planning, coordination, or other RD&D activities relating to 
     the energy-water nexus.
       (b) Integrating Energy and Water Research.--The Secretary 
     shall integrate the following considerations into energy RD&D 
     programs and projects of the Department by--
       (1) advancing RD&D for energy and energy efficiency 
     technologies and practices that meet the objectives of--
       (A) minimizing freshwater withdrawal and consumption;
       (B) increasing water use efficiency; and
       (C) utilizing nontraditional water sources;
       (2) considering the effects climate variability may have on 
     water supplies and quality for energy generation and fuel 
     production; and
       (3) improving understanding of the energy-water nexus (as 
     defined in subsection (a)(1)).
       (c) Additional Activities.--The Secretary may provide for 
     such additional RD&D activities as appropriate to integrate 
     the considerations described in subsection (b) into the RD&D 
     activities of the Department.

     SEC. 1011. WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Reauthorization of Weatherization Assistance Program.--
     Section 422 of the Energy Conservation and Production Act (42 
     U.S.C. 6872) is amended by striking paragraphs (1) through 
     (5) and inserting the following:
       ``(1) $330,000,000 for fiscal year 2021; and
       ``(2) $350,000,000 for each of fiscal years 2022 through 
     2025.''.
       (b) Modernizing the Definition of Weatherization 
     Materials.--Section 412(9)(J) of the Energy Conservation and 
     Production Act (42 U.S.C. 6862(9)(J)) is amended--
       (1) by inserting ``, including renewable energy 
     technologies and other advanced technologies,'' after 
     ``devices or technologies''; and
       (2) by striking ``, the Secretary of Agriculture, and the 
     Director of the Community Services Administration''.
       (c) Consideration of Health Benefits.--Section 413(b) of 
     the Energy Conservation and Production Act (42 U.S.C. 
     6863(b)) is amended--
       (1) in paragraph (3)--
       (A) by striking ``and with the Director of the Community 
     Services Administration'';
       (B) by inserting ``and by'' after ``in carrying out this 
     part,''; and
       (C) by striking ``, and the Director of the Community 
     Services Administration in carrying out weatherization 
     programs under section 222(a)(12) of the Economic Opportunity 
     Act of 1964'';
       (2) by redesignating paragraphs (4) through (6) as 
     paragraphs (5) through (7), respectively; and
       (3) by inserting after paragraph (3), the following:
       ``(4) The Secretary may amend the regulations prescribed 
     under paragraph (1) to provide that the standards described 
     in paragraph (2)(A) take into consideration improvements in 
     the health and safety of occupants of dwelling units, and 
     other non-energy benefits, from weatherization.''.
       (d) Contractor Optimization.--
       (1) In general.--The Energy Conservation and Production Act 
     is amended by inserting after section 414B (42 U.S.C. 6864b) 
     the following:

     ``SEC. 414C. CONTRACTOR OPTIMIZATION.

       ``(a) In General.--The Secretary may request that entities 
     receiving funding from the Federal Government or from a State 
     through a weatherization assistance program under section 413 
     or section 414 perform periodic reviews of the use of private 
     contractors in the provision of weatherization assistance, 
     and encourage expanded use of contractors as appropriate.
       ``(b) Use of Training Funds.--Entities described in 
     subsection (a) may use funding described in such subsection 
     to train private, non-Federal entities that are contracted to 
     provide weatherization assistance under a weatherization 
     program, in accordance with rules determined by the 
     Secretary.''.
       (2) Table of contents amendment.--The table of contents for 
     the Energy Conservation and Production Act is amended by 
     inserting after the item relating to section 414B the 
     following:

``Sec. 414C. Contractor optimization.''.
       (e) Financial Assistance for Wap Enhancement and 
     Innovation.--
       (1) In general.--The Energy Conservation and Production Act 
     is amended by inserting after section 414C (as added by 
     subsection (d) of this section) the following:

     ``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND 
                   INNOVATION.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to expand the number of dwelling units that are 
     occupied by low-income persons that receive weatherization 
     assistance by making such dwelling units weatherization-
     ready;
       ``(2) to promote the deployment of renewable energy in 
     dwelling units that are occupied by low-income persons;
       ``(3) to ensure healthy indoor environments by enhancing or 
     expanding health and safety measures and resources available 
     to dwellings that are occupied by low-income persons;
       ``(4) to disseminate new methods and best practices among 
     entities providing weatherization assistance; and
       ``(5) to encourage entities providing weatherization 
     assistance to hire and retain employees who are individuals--
       ``(A) from the community in which the assistance is 
     provided; and
       ``(B) from communities or groups that are underrepresented 
     in the home energy performance workforce, including religious 
     and ethnic minorities, women, veterans, individuals with 
     disabilities, and individuals who are socioeconomically 
     disadvantaged.
       ``(b) Financial Assistance.--The Secretary shall, to the 
     extent funds are made available, award financial assistance, 
     on an annual basis, through a competitive process to entities 
     receiving funding from the Federal Government or from a 
     State, tribal organization, or unit of general purpose local 
     government through a weatherization program under section 413 
     or section 414, or to nonprofit entities, to be used by such 
     an entity--
       ``(1) with respect to dwelling units that are occupied by 
     low-income persons, to--
       ``(A) implement measures to make such dwelling units 
     weatherization-ready by addressing structural, plumbing, 
     roofing, and electrical issues, environmental hazards, or 
     other measures that the Secretary determines to be 
     appropriate;
       ``(B) install energy efficiency technologies, including 
     home energy management systems, smart devices, and other 
     technologies the Secretary determines to be appropriate;
       ``(C) install renewable energy systems (as defined in 
     section 415(c)(6)(A)); and
       ``(D) implement measures to ensure healthy indoor 
     environments by improving indoor air quality, accessibility, 
     and other healthy homes measures as determined by the 
     Secretary;
       ``(2) to improve the capability of the entity--
       ``(A) to significantly increase the number of energy 
     retrofits performed by such entity;
       ``(B) to replicate best practices for work performed 
     pursuant to this section on a larger scale;
       ``(C) to leverage additional funds to sustain the provision 
     of weatherization assistance and other work performed 
     pursuant to this section after financial assistance awarded 
     under this section is expended; and

[[Page H7656]]

       ``(D) to hire and retain employees who are individuals 
     described subsection (a)(5);
       ``(3) for innovative outreach and education regarding the 
     benefits and availability of weatherization assistance and 
     other assistance available pursuant to this section;
       ``(4) for quality control of work performed pursuant to 
     this section;
       ``(5) for data collection, measurement, and verification 
     with respect to such work;
       ``(6) for program monitoring, oversight, evaluation, and 
     reporting regarding such work;
       ``(7) for labor, training, and technical assistance 
     relating to such work;
       ``(8) for planning, management, and administration (up to a 
     maximum of 15 percent of the assistance provided); and
       ``(9) for such other activities as the Secretary determines 
     to be appropriate.
       ``(c) Award Factors.--In awarding financial assistance 
     under this section, the Secretary shall consider--
       ``(1) the applicant's record of constructing, renovating, 
     repairing, or making energy efficient single-family, 
     multifamily, or manufactured homes that are occupied by low-
     income persons, either directly or through affiliates, 
     chapters, or other partners (using the most recent year for 
     which data are available);
       ``(2) the number of dwelling units occupied by low-income 
     persons that the applicant has built, renovated, repaired, 
     weatherized, or made more energy efficient in the 5 years 
     preceding the date of the application;
       ``(3) the qualifications, experience, and past performance 
     of the applicant, including experience successfully managing 
     and administering Federal funds;
       ``(4) the strength of an applicant's proposal to achieve 
     one or more of the purposes under subsection (a);
       ``(5) the extent to which such applicant will utilize 
     partnerships and regional coordination to achieve one or more 
     of the purposes under subsection (a);
       ``(6) regional and climate zone diversity;
       ``(7) urban, suburban, and rural localities; and
       ``(8) such other factors as the Secretary determines to be 
     appropriate.
       ``(d) Applications.--
       ``(1) Administration.--To be eligible for an award of 
     financial assistance under this section, an applicant shall 
     submit to the Secretary an application in such manner and 
     containing such information as the Secretary may require.
       ``(2) Awards.--Subject to the availability of 
     appropriations, not later than 270 days after the date of 
     enactment of this section, the Secretary shall make a first 
     award of financial assistance under this section.
       ``(e) Maximum Amount and Term.--
       ``(1) In general.--The total amount of financial assistance 
     awarded to an entity under this section shall not exceed 
     $2,000,000.
       ``(2) Technical and training assistance.--The total amount 
     of financial assistance awarded to an entity under this 
     section shall be reduced by the cost of any technical and 
     training assistance provided by the Secretary that relates to 
     such financial assistance.
       ``(3) Term.--The term of an award of financial assistance 
     under this section shall not exceed 3 years.
       ``(4) Relationship to formula grants.--An entity may use 
     financial assistance awarded to such entity under this 
     section in conjunction with other financial assistance 
     provided to such entity under this part.
       ``(f) Requirements.--Not later than 90 days after the date 
     of enactment of this section, the Secretary shall issue 
     requirements to implement this section, including, for 
     entities receiving financial assistance under this section--
       ``(1) standards for allowable expenditures;
       ``(2) a minimum saving-to-investment ratio; and
       ``(3) standards for--
       ``(A) training programs;
       ``(B) energy audits;
       ``(C) the provision of technical assistance;
       ``(D) monitoring activities carried out using such 
     financial assistance;
       ``(E) verification of energy and cost savings;
       ``(F) liability insurance requirements; and
       ``(G) recordkeeping and reporting requirements, which shall 
     include reporting to the Office of Weatherization and 
     Intergovernmental Programs of the Department of Energy 
     applicable data on each dwelling unit retrofitted or 
     otherwise assisted pursuant to this section.
       ``(g) Compliance With State and Local Law.--Nothing in this 
     section supersedes or otherwise affects any State or local 
     law, to the extent that the State or local law contains a 
     requirement that is more stringent than the applicable 
     requirement of this section.
       ``(h) Review and Evaluation.--The Secretary shall review 
     and evaluate the performance of each entity that receives an 
     award of financial assistance under this section (which may 
     include an audit).
       ``(i) Annual Report.--The Secretary shall submit to 
     Congress an annual report that provides a description of--
       ``(1) actions taken under this section to achieve the 
     purposes of this section; and
       ``(2) accomplishments as a result of such actions, 
     including energy and cost savings achieved.
       ``(j) Funding.--
       ``(1) Amounts.--
       ``(A) In general.--For each of fiscal years 2021 through 
     2025, of the amount made available under section 422 for such 
     fiscal year to carry out the weatherization program under 
     this part (not including any of such amount made available 
     for Department of Energy headquarters training or technical 
     assistance), not more than--
       ``(i) 2 percent of such amount (if such amount is 
     $225,000,000 or more but less than $260,000,000) may be used 
     to carry out this section;
       ``(ii) 4 percent of such amount (if such amount is 
     $260,000,000 or more but less than $300,000,000) may be used 
     to carry out this section; and
       ``(iii) 6 percent of such amount (if such amount is 
     $300,000,000 or more) may be used to carry out this section.
       ``(B) Minimum.--For each of fiscal years 2021 through 2025, 
     if the amount made available under section 422 (not including 
     any of such amount made available for Department of Energy 
     headquarters training or technical assistance) for such 
     fiscal year is less than $225,000,000, no funds shall be made 
     available to carry out this section.
       ``(2) Limitation.--For any fiscal year, the Secretary may 
     not use more than $25,000,000 of the amount made available 
     under section 422 to carry out this section.
       ``(k) Termination.--The Secretary may not award financial 
     assistance under this section after September 30, 2025.''.
       (2) Table of contents.--The table of contents for the 
     Energy Conservation and Production Act is amended by 
     inserting after the item relating to section 414C the 
     following:

``Sec. 414D. Financial assistance for WAP enhancement and 
              innovation.''.
       (f) Hiring.--
       (1) In general.--The Energy Conservation and Production Act 
     is amended by inserting after section 414D (as added by 
     subsection (e) of this section) the following:

     ``SEC. 414E. HIRING.

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

``Sec. 414E. Hiring.''.
       (g) Increase in Administrative Funds.--Section 415(a)(1) of 
     the Energy Conservation and Production Act (42 U.S.C. 
     6865(a)(1)) is amended by striking ``10 percent'' and 
     inserting ``15 percent''.
       (h) Amending Re-weatherization Date.--Paragraph (2) of 
     section 415(c) of the Energy Conservation and Production Act 
     (42 U.S.C. 6865(c)) is amended to read as follows:
       ``(2) Dwelling units weatherized (including dwelling units 
     partially weatherized) under this part, or under other 
     Federal programs (in this paragraph referred to as `previous 
     weatherization'), may not receive further financial 
     assistance for weatherization under this part until the date 
     that is 15 years after the date such previous weatherization 
     was completed. This paragraph does not preclude dwelling 
     units that have received previous weatherization from 
     receiving assistance and services (including the provision of 
     information and education to assist with energy management 
     and evaluation of the effectiveness of installed 
     weatherization materials) other than weatherization under 
     this part or under other Federal programs, or from receiving 
     non-Federal assistance for weatherization.''.
       (i) Annual Report.--Section 421 of the Energy Conservation 
     and Production Act (42 U.S.C. 6871) is amended by inserting 
     ``the number of multifamily buildings in which individual 
     dwelling units were weatherized during the previous year, the 
     number of individual dwelling units in multifamily buildings 
     weatherized during the previous year,'' after ``the average 
     size of the dwellings being weatherized,''.
       (j) Report on Waivers.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary of Energy shall 
     submit to Congress a report on the status of any request made 
     after September 30, 2010, for a waiver of any requirement 
     under section 200.313 of title 2, Code of Federal 
     Regulations, as such requirement applies with respect to the 
     weatherization assistance program under part A of title IV of 
     the Energy Conservation and Production Act (42 U.S.C. 6861 et 
     seq.), including a description of any such waiver that has 
     been granted and any such request for a waiver that has been 
     considered but not granted.

     SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM.

       Section 543 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8253) is further amended by adding at the end the 
     following:
       ``(i) Federal Energy Management Program.--
       ``(1) In general.--The Secretary shall carry out a program, 
     to be known as the `Federal Energy Management Program' 
     (referred to in this subsection as the `Program'), to 
     facilitate the implementation by the Federal Government of 
     cost-effective energy and water management and energy-related 
     investment practices--
       ``(A) to coordinate and strengthen Federal energy and water 
     resilience; and
       ``(B) to promote environmental stewardship.
       ``(2) Federal director.--The Secretary shall appoint an 
     individual to serve as the director of the Program (referred 
     to in this subsection as the `Federal Director'), which shall 
     be a career position in the Senior Executive service, to 
     administer the Program.
       ``(3) Program activities.--
       ``(A) Strategic planning and technical assistance.--In 
     administering the Program, the Federal Director shall--
       ``(i) provide technical assistance and project 
     implementation support and guidance to agencies to identify, 
     implement, procure, and track energy and water conservation 
     measures required under this Act and under other provisions 
     of law;
       ``(ii) in coordination with the Administrator of the 
     General Services Administration, establish

[[Page H7657]]

     appropriate procedures, methods, and best practices for use 
     by agencies to select, monitor, and terminate contracts 
     entered into pursuant to a utility incentive program under 
     section 546(c) with utilities;
       ``(iii) carry out the responsibilities of the Secretary 
     under section 801, as determined appropriate by the 
     Secretary;
       ``(iv) establish and maintain internet-based information 
     resources and project tracking systems and tools for energy 
     and water management;
       ``(v) coordinate comprehensive and strategic approaches to 
     energy and water resilience planning for agencies; and
       ``(vi) establish a recognition program for Federal 
     achievement in energy and water management, energy-related 
     investment practices, environmental stewardship, and other 
     relevant areas, through events such as individual recognition 
     award ceremonies and public announcements.
       ``(B) Energy and water management and reporting.--In 
     administering the Program, the Federal Director shall--
       ``(i) track and report on the progress of agencies in 
     meeting the requirements of the agency under this section;
       ``(ii) make publicly available agency performance data 
     required under--

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

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

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

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

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

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

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

       ``(iv) in coordination with the Administrator of the 
     General Services Administration, in meeting statutory and 
     agency goals for Federal fleet vehicles.
       ``(4) Management council.--The Federal Director shall 
     establish a management council to advise the Federal Director 
     that shall--
       ``(A) convene not less frequently than once every quarter; 
     and
       ``(B) consist of representatives from--
       ``(i) the Council on Environmental Quality;
       ``(ii) the Office of Management and Budget; and
       ``(iii) the Office of Federal High-Performance Green 
     Buildings in the General Services Administration.
       ``(5) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this 
     subsection $36,000,000 for each of fiscal years 2021 through 
     2025.''.

     SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

       (a) In General.--Section 375 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6345) is amended to read as 
     follows:

     ``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.

       ``(a) Renaming.--
       ``(1) In general.--The Clean Energy Application Centers of 
     the Department of Energy are redesignated as the CHP 
     Technical Assistance Partnership Program (referred to in this 
     section as the `Program').
       ``(2) Program description.--The Program shall consist of--
       ``(A) the 10 regional CHP Technical Assistance Partnerships 
     in existence on the date of enactment of the Energy Act of 
     2020;
       ``(B) such other regional CHP Technical Assistance 
     Partnerships as the Secretary may establish with 
     consideration given to establishing such partnerships in 
     rural communities; and
       ``(C) any supporting technical activities under the 
     Technical Partnership Program of the Advanced Manufacturing 
     Office.
       ``(3) References.--Any reference in any law, rule, 
     regulation, or publication to a Combined Heat and Power 
     Application Center or a Clean Energy Application Center shall 
     be deemed to be a reference to the Program.
       ``(b) CHP Technical Assistance Partnership Program.--
       ``(1) In general.--The Program shall--
       ``(A) operate programs to encourage deployment of combined 
     heat and power, waste heat to power, and efficient district 
     energy (collectively referred to in this subsection as `CHP') 
     technologies by providing education and outreach to--
       ``(i) building, industrial, and electric and natural gas 
     utility professionals;
       ``(ii) State and local policymakers; and
       ``(iii) other individuals and organizations with an 
     interest in efficient energy use, local or opportunity fuel 
     use, resiliency, or energy security, microgrids, and district 
     energy; and
       ``(B) provide project specific support to building and 
     industrial professionals through economic and engineering 
     assessments and advisory activities.
       ``(2) Funding for certain activities.--
       ``(A) In general.--The Program shall make funds available 
     to institutions of higher education, research centers, and 
     other appropriate institutions to ensure the continued 
     operations and effectiveness of the regional CHP Technical 
     Assistance Partnerships.
       ``(B) Use of funds.--Funds made available under 
     subparagraph (A) may be used--
       ``(i) to collect and distribute informational materials 
     relevant to manufacturers, commercial buildings, 
     institutional facilities, and Federal sites, including 
     continued support of the mission goals of the Department of 
     Defense, on CHP and microgrid technologies, including 
     continuation and updating of--

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

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

``375. CHP Technical Assistance Partnership Program.''.

     SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM.

       (a) Smart Energy and Water Efficiency Pilot Program.--
     Subtitle A of title IX of the Energy Policy Act of 2005 (42 
     U.S.C. 16191 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means--
       ``(A) a utility;
       ``(B) a municipality;
       ``(C) a water district;
       ``(D) an Indian Tribe or Alaska Native village; and
       ``(E) any other authority that provides water, wastewater, 
     or water reuse services.
       ``(2) Smart energy and water efficiency pilot program.--The 
     term `smart energy and water efficiency pilot program' or 
     `pilot program' means the pilot program established under 
     subsection (b).
       ``(b) Smart Energy and Water Efficiency Pilot Program.--
       ``(1) In general.--The Secretary shall establish and carry 
     out a smart energy and water efficiency pilot program in 
     accordance with this section.
       ``(2) Purpose.--The purpose of the smart energy and water 
     efficiency pilot program is to award grants to eligible 
     entities to demonstrate unique, advanced, or innovative 
     technology-based solutions that will--
       ``(A) improve the net energy balance of water, wastewater, 
     and water reuse systems;

[[Page H7658]]

       ``(B) improve the net energy balance of water, wastewater, 
     and water reuse systems to help communities across the United 
     States make measurable progress in conserving water, saving 
     energy, and reducing costs;
       ``(C) support the implementation of innovative and unique 
     processes and the installation of established advanced 
     automated systems that provide real-time data on energy and 
     water; and
       ``(D) improve energy-water conservation and quality and 
     predictive maintenance through technologies that utilize 
     internet connected technologies, including sensors, 
     intelligent gateways, and security embedded in hardware.
       ``(3) Project selection.--
       ``(A) In general.--The Secretary shall make competitive, 
     merit-reviewed grants under the pilot program to not less 
     than 3, but not more than 5, eligible entities.
       ``(B) Selection criteria.--In selecting an eligible entity 
     to receive a grant under the pilot program, the Secretary 
     shall consider--
       ``(i) energy and cost savings;
       ``(ii) the uniqueness, commercial viability, and 
     reliability of the technology to be used;
       ``(iii) the degree to which the project integrates next-
     generation sensors software, analytics, and management tools;
       ``(iv) the anticipated cost-effectiveness of the pilot 
     project through measurable energy savings, water savings or 
     reuse, and infrastructure costs averted;
       ``(v) whether the technology can be deployed in a variety 
     of geographic regions and the degree to which the technology 
     can be implemented in a wide range of applications ranging in 
     scale from small towns to large cities, including Tribal 
     communities;
       ``(vi) whether the technology has been successfully 
     deployed elsewhere;
       ``(vii) whether the technology was sourced from a 
     manufacturer based in the United States; and
       ``(viii) whether the project will be completed in 5 years 
     or less.
       ``(C) Applications.--
       ``(i) In general.--Subject to clause (ii), an eligible 
     entity seeking a grant under the pilot program shall submit 
     to the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary determines 
     to be necessary.
       ``(ii) Contents.--An application under clause (i) shall, at 
     a minimum, include--

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

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

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

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

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

                           TITLE II--NUCLEAR

     SEC. 2001. ADVANCED NUCLEAR FUEL AVAILABILITY.

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

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

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

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

       (vi) that does not require extraction of uranium or 
     development of uranium from lands managed by the Federal 
     Government, cause harm to the natural or cultural resources 
     of Tribal communities or sovereign Native Nations, or result 
     in degraded ground or surface water quality on publicly 
     managed or privately owned lands; or
       (vii) that does not negatively impact the availability of 
     HA-LEU by the Department to support the production of medical 
     isotopes, including the medical isotopes defined under the 
     American Medical Isotopes Production Act of 2012 (Public Law 
     112-239; 126 Stat. 2211);
       (E) not later than 1 year after the date of enactment of 
     this Act, and biennially thereafter, shall conduct a survey 
     of stakeholders to estimate the quantity of HA-LEU necessary 
     for domestic commercial use for each of the 5 subsequent 
     years;
       (F) shall establish, and from time to time update, a 
     consortium, which may include entities involved in any stage 
     of the nuclear fuel cycle, to partner with the Department to 
     support the availability of HA-LEU for civilian domestic 
     demonstration and commercial use, including by--
       (i) providing information to the Secretary for purposes of 
     surveys conducted under subparagraph (E);
       (ii) purchasing HA-LEU made available by the Secretary to 
     members of the consortium for commercial use under the 
     program; and
       (iii) carrying out demonstration projects using HA-LEU 
     provided by the Secretary under the program;
       (G) if applicable, shall, prior to acquiring or providing 
     HA-LEU under subparagraph (H), in coordination with the 
     consortium established pursuant to subparagraph (F), develop 
     a schedule for cost recovery of HA-LEU made available to 
     members of the consortium using HA-LEU for commercial use 
     pursuant to subparagraph (H);
       (H) shall, beginning not later than 3 years after the 
     establishment of a consortium under subparagraph (F), have 
     the capability to acquire or provide HA-LEU, in order to make 
     such HA-LEU available to members of the consortium beginning 
     not later than January 1, 2026, in amounts that are 
     consistent, to the extent practicable, with--
       (i) the quantities estimated under the surveys conducted 
     under subparagraph (E); plus
       (ii) the quantities necessary for demonstration projects 
     carried out under the program, as determined by the 
     Secretary;
       (I) shall, for advanced reactor demonstration projects, 
     prioritize the provision of HA-LEU made available under this 
     section through a merit-based, competitive selection process; 
     and
       (J) shall seek to ensure that the activities carried out 
     under this section do not cause any delay in the progress of 
     any HA-LEU project between private industry and the 
     Department that is underway as of the date of the enactment 
     of this section.
       (3) Applicability of usec privatization act.--
       (A) Sale or transfer to consortium.--The requirements of 
     section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-
     10), except for the requirements of subparagraph (A) of 
     section 3112(d)(2), shall not apply to the provision of

[[Page H7659]]

     enrichment services, or the sale or transfer of HA-LEU for 
     commercial use by the Secretary to a member of the consortium 
     under this subsection.
       (B) Demonstration.--HA-LEU made available to members of the 
     consortium established pursuant to paragraph (2)(F) for 
     demonstration projects shall remain the property of and title 
     will remain with the Department, which shall be responsible 
     for the storage, use, and disposition of all radioactive 
     waste and spent nuclear fuel created by the irradiation, 
     processing, or purification of such uranium, and shall not be 
     subject to the requirements of a sale or transfer of uranium 
     under sections 3112, except for the requirements of 
     subparagraph (A) of section 3112(d)(2), and 3113 of the USEC 
     Privatization Act (42 U.S.C. 2297h-10; 42 U.S.C. 2297h-11).
       (4) National security needs.--The Secretary shall only make 
     available to a member of the consortium under this section 
     for commercial or demonstration project use material that the 
     President has determined is not necessary for national 
     security needs, provided that this available material shall 
     not include any material that the Secretary may determine to 
     be necessary for the National Nuclear Security Administration 
     or other critical Departmental missions.
       (5) DOE acquisition of ha-leu.--The Secretary may not make 
     commitments under this section (including cooperative 
     agreements (used in accordance with section 6305 of title 31, 
     United States Code), purchase agreements, guarantees, leases, 
     service contracts, or any other type of commitment) for the 
     purchase or other acquisition of HA-LEU unless--
       (A) funds are specifically provided for such purposes in 
     advance in subsequent appropriations Acts, and only to the 
     extent that the full extent of anticipated costs stemming 
     from such commitments is recorded as an obligation up front 
     and in full at the time it is made; or
       (B) such committing agreement includes a clause 
     conditioning the Federal Government's obligation on the 
     availability of future year appropriations.
       (6) Sunset.--The authority of the Secretary to carry out 
     the program under this subsection shall expire on the earlier 
     of--
       (A) September 30, 2034; or
       (B) 90 days after the date on which HA-LEU is available to 
     provide a reliable and adequate supply for civilian domestic 
     advanced nuclear reactors in the commercial market.
       (7) Limitation.--The Secretary shall not barter or 
     otherwise sell or transfer uranium in any form in exchange 
     for services relating to the final disposition of radioactive 
     waste from uranium that is made available under this 
     subsection.
       (b) Reports to Congress.--
       (1) Commission report on necessary regulatory updates.--Not 
     later than 12 months after the date of enactment of this Act, 
     the Commission shall submit to Congress a report that 
     includes--
       (A) identification of updates to regulations, 
     certifications, and other regulatory policies that the 
     Commission determines are necessary in order for HA-LEU to be 
     commercially available, including--
       (i) guidance for material control and accountability of 
     special nuclear material;
       (ii) certifications relating to transportation packaging 
     for HA-LEU; and
       (iii) licensing of enrichment, conversion, and fuel 
     fabrication facilities for HA-LEU, and associated physical 
     security plans for such facilities;
       (B) a description of such updates; and
       (C) a timeline to complete such updates.
       (2) DOE report on program to support the availability of 
     ha-leu for civilian domestic demonstration and commercial 
     use.--
       (A) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes actions proposed to be carried out by 
     the Secretary under the program described in subsection 
     (a)(1).
       (B) Coordination and stakeholder input.--In developing the 
     report under this paragraph, the Secretary shall consult 
     with--
       (i) the Commission;
       (ii) suppliers of medical isotopes that have converted 
     their operations to use HA-LEU;
       (iii) the National Laboratories;
       (iv) institutions of higher education;
       (v) a diverse group of entities from the nuclear energy 
     industry;
       (vi) a diverse group of technology developers;
       (vii) experts in nuclear nonproliferation, environmental 
     safety, safeguards and security, and public health and 
     safety; and
       (viii) members of the consortium created under subsection 
     (a)(2)(F).
       (C) Cost and schedule estimates.--The report under this 
     paragraph shall include estimated costs, budgets, and 
     timeframes for all activities carried out under this section.
       (D) Required evaluations.--The report under this paragraph 
     shall evaluate--
       (i) the actions required to establish and carry out the 
     program under subsection (a)(1) and the cost of such actions, 
     including with respect to--

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

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

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

       (vi) any research and development plans to develop 
     criticality benchmark data under subsection (a)(2)(A), if 
     needed.
       (3) Alternate fuels report.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall, after 
     consulting with relevant entities, including National 
     Laboratories, institutions of higher education, and 
     technology developers, submit to Congress a report 
     identifying any and all options for providing nuclear 
     material, containing isotopes other than the uranium-235 
     isotope, such as uranium-233 and thorium-232 to be used as 
     fuel for advanced nuclear reactor research, development, 
     demonstration, or commercial application purposes.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out research, development, 
     demonstration, and transportation activities in this 
     section--
       (1) $31,500,000 for fiscal year 2021;
       (2) $33,075,000 for fiscal year 2022;
       (3) $34,728,750 for fiscal year 2023;
       (4) $36,465,188 for fiscal year 2024; and
       (5) $38,288,447 for fiscal year 2025.
       (d) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (2) Demonstration project.--The term ``demonstration 
     project'' has the meaning given such term in section 959A of 
     the Energy Policy Act of 2005.
       (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-
     enriched uranium.
       (4) High-assay low-enriched uranium.--The term ``high-assay 
     low-enriched uranium'' means uranium having an assay greater 
     than 5.0 weight percent and less than 20.0 weight percent of 
     the uranium-235 isotope.
       (5) High-enriched uranium.--The term ``high-enriched 
     uranium'' means uranium with an assay of 20.0 weight percent 
     or more of the uranium-235 isotope.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 2002. AMENDMENTS TO DEFINITIONS IN ENERGY POLICY ACT OF 
                   2005.

       Section 951(b)(1) of the Energy Policy Act of 2005 (42 
     U.S.C. 16271(b)(1)) is amended to read as follows:
       ``(1) Advanced nuclear reactor.--The term `advanced nuclear 
     reactor' means--
       ``(A) a nuclear fission reactor, including a prototype 
     plant (as defined in sections 50.2 and 52.1 of title 10, Code 
     of Federal Regulations (or successor regulations)), with 
     significant improvements compared to reactors operating on 
     the date of enactment of the Energy Act of 2020, including 
     improvements such as--
       ``(i) additional inherent safety features;
       ``(ii) lower waste yields;
       ``(iii) improved fuel and material performance;
       ``(iv) increased tolerance to loss of fuel cooling;
       ``(v) enhanced reliability or improved resilience;
       ``(vi) increased proliferation resistance;
       ``(vii) increased thermal efficiency;
       ``(viii) reduced consumption of cooling water and other 
     environmental impacts;
       ``(ix) the ability to integrate into electric applications 
     and nonelectric applications;
       ``(x) modular sizes to allow for deployment that 
     corresponds with the demand for electricity or process heat; 
     and
       ``(xi) operational flexibility to respond to changes in 
     demand for electricity or process heat and to complement 
     integration with intermittent renewable energy or energy 
     storage; and
       ``(B) a fusion reactor.''.

     SEC. 2003. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, 
                   DEMONSTRATION, AND COMMERCIAL APPLICATION 
                   PROGRAMS.

       (a) Reactor Concepts Research, Development, and 
     Demonstration.--Section 952 of the Energy Policy Act of 2005 
     (42 U.S.C. 16272) is amended to read as follows:

     ``SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT, 
                   DEMONSTRATION, AND COMMERCIAL APPLICATION.

       ``(a) Sustainability Program for Light Water Reactors.--
       ``(1) In general.--The Secretary shall carry out a program 
     of research, development, demonstration, and commercial 
     application, including through the use of modeling and 
     simulation, to support existing operating nuclear power 
     plants which shall address technologies to modernize and 
     improve, with respect to such plants--
       ``(A) reliability;
       ``(B) capacity;
       ``(C) component aging;
       ``(D) safety;
       ``(E) physical security and security costs;
       ``(F) plant lifetime;
       ``(G) operations and maintenance costs, including by 
     utilizing risk-informed systems analysis;
       ``(H) the ability for plants to operate flexibly;
       ``(I) nuclear integrated energy system applications 
     described in subsection (c);
       ``(J) efficiency;
       ``(K) environmental impacts; and
       ``(L) resilience.
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the program under this subsection $55,000,000 for each of 
     fiscal years 2021 through 2025.
       ``(3) Report.--The Secretary shall submit annually a public 
     report to the Committee on Science, Space, and Technology of 
     the House of

[[Page H7660]]

     Representatives and the Committee on Energy and Natural 
     Resources of the Senate documenting funds spent under the 
     program that describes program activities, objectives, and 
     outcomes, including those that could benefit the entirety of 
     the existing reactor fleet, such as with respect to aging 
     management and related sustainability concerns, and 
     identifying funds awarded to private entities.
       ``(b) Advanced Reactor Technologies.--
       ``(1) In general.--The Secretary shall carry out a program 
     of research, development, demonstration, and commercial 
     application to support advanced reactor technologies.
       ``(2) Requirements.--In carrying out the program under this 
     subsection, the Secretary shall--
       ``(A) prioritize designs for advanced nuclear reactors that 
     are proliferation resistant and passively safe, including 
     designs that, compared to reactors operating on the date of 
     enactment of the Energy Act of 2020--
       ``(i) are economically competitive with other electric 
     power generation plants;
       ``(ii) have higher efficiency, lower cost, less 
     environmental impacts, increased resilience, and improved 
     safety;
       ``(iii) use fuels that are proliferation resistant and have 
     reduced production of high-level waste per unit of output; 
     and
       ``(iv) use advanced instrumentation and monitoring systems;
       ``(B) consult with the Nuclear Regulatory Commission on 
     appropriate metrics to consider for the criteria specified in 
     subparagraph (A);
       ``(C) support research and development to resolve materials 
     challenges relating to extreme environments, including 
     environments that contain high levels of--
       ``(i) radiation fluence;
       ``(ii) temperature;
       ``(iii) pressure; and
       ``(iv) corrosion;
       ``(D) support research and development to aid in the 
     qualification of advanced fuels, including fabrication 
     techniques;
       ``(E) support activities that address near-term challenges 
     in modeling and simulation to enable accelerated design of 
     and licensing of advanced nuclear reactors, including the 
     identification of tools and methodologies for validating such 
     modeling and simulation efforts;
       ``(F) develop technologies, including technologies to 
     manage, reduce, or reuse nuclear waste;
       ``(G) ensure that nuclear research infrastructure is 
     maintained or constructed, including--
       ``(i) currently operational research reactors at the 
     National Laboratories and institutions of higher education;
       ``(ii) hot cell research facilities;
       ``(iii) a versatile fast neutron source; and
       ``(iv) advanced coolant testing facilities, including 
     coolants such as lead, sodium, gas, and molten salt;
       ``(H) improve scientific understanding of nonlight water 
     coolant physics and chemistry;
       ``(I) develop advanced sensors and control systems, 
     including the identification of tools and methodologies for 
     validating such sensors and systems;
       ``(J) investigate advanced manufacturing and advanced 
     construction techniques and materials to reduce the cost of 
     advanced nuclear reactors, including the use of digital twins 
     and of strategies to implement project and construction 
     management best practices, and study the effects of radiation 
     and corrosion on materials created with these techniques;
       ``(K) consult with the Administrator of the National 
     Nuclear Security Administration to integrate reactor 
     safeguards and security into design;
       ``(L) support efforts to reduce any technical barriers that 
     would prevent commercial application of advanced nuclear 
     energy systems; and
       ``(M) develop various safety analyses and emergency 
     preparedness and response methodologies.
       ``(3) Coordination.--The Secretary shall coordinate with 
     individuals engaged in the private sector and individuals who 
     are experts in nuclear nonproliferation, environmental and 
     public health and safety, and economics to advance the 
     development of various designs of advanced nuclear reactors. 
     In carrying out this paragraph, the Secretary shall convene 
     an advisory committee of such individuals and such committee 
     shall submit annually a report to the relevant committees of 
     Congress with respect to the progress of the program.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the program under this subsection $55,000,000 for each of 
     fiscal years 2021 through 2025.
       ``(c) Nuclear Integrated Energy Systems Research, 
     Development, Demonstration, and Commercial Application 
     Program.--
       ``(1) In general.--The Secretary shall carry out a program 
     of research, development, demonstration, and commercial 
     application to develop nuclear integrated energy systems, 
     composed of 2 or more co-located or jointly operated 
     subsystems of energy generation, energy storage, or other 
     technologies and in which not less than 1 such subsystem is a 
     nuclear energy system, to--
       ``(A) reduce greenhouse gas emissions in both the power and 
     nonpower sectors; and
       ``(B) maximize energy production and efficiency.
       ``(2) Coordination.--In carrying out the program under 
     paragraph (1), the Secretary shall coordinate with--
       ``(A) relevant program offices within the Department of 
     Energy;
       ``(B) National Laboratories;
       ``(C) institutions of higher education; and
       ``(D) the private sector.
       ``(3) Focus areas.--The program under paragraph (1) may 
     include research, development, demonstration, or commercial 
     application of nuclear integrated energy systems with respect 
     to--
       ``(A) desalination technologies and processes;
       ``(B) hydrogen or other liquid and gaseous fuel or chemical 
     production;
       ``(C) heat for industrial processes;
       ``(D) district heating;
       ``(E) heat or electricity generation and storage;
       ``(F) carbon capture, use, utilization, and storage;
       ``(G) microgrid or island applications;
       ``(H) integrated systems modeling, analysis, and 
     optimization, inclusive of different configurations of 
     integrated energy systems; and
       ``(I) integrated design, planning, building, and operation 
     of systems with existing infrastructure, including 
     interconnection requirements with the electric grid, as 
     appropriate.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the program under this subsection--
       ``(A) $20,000,000 for fiscal year 2021;
       ``(B) $30,000,000 for fiscal year 2022;
       ``(C) $30,000,000 for fiscal year 2023;
       ``(D) $40,000,000 for fiscal year 2024; and
       ``(E) $40,000,000 for fiscal year 2025.''.
       (b) Fuel Cycle Research and Development.--Section 953 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16273) is amended to 
     read as follows:

     ``SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION, 
                   AND COMMERCIAL APPLICATION.

       ``(a) Used Nuclear Fuel Research, Development, 
     Demonstration, and Commercial Application.--
       ``(1) In general.--The Secretary shall conduct an advanced 
     fuel cycle research, development, demonstration, and 
     commercial application program to improve fuel cycle 
     performance, minimize environmental and public health and 
     safety impacts, and support a variety of options for used 
     nuclear fuel storage, use, and disposal, including advanced 
     nuclear reactor and non-reactor concepts (such as 
     radioisotope power systems), which may include--
       ``(A) dry cask storage;
       ``(B) consolidated interim storage;
       ``(C) deep geological storage and disposal, including mined 
     repository, and other technologies;
       ``(D) used nuclear fuel transportation;
       ``(E) integrated waste management systems;
       ``(F) vitrification;
       ``(G) fuel recycling and transmutation technologies, 
     including advanced reprocessing technologies such as 
     electrochemical and molten salt technologies, and advanced 
     redox extraction technologies;
       ``(H) advanced materials to be used in subparagraphs (A) 
     through (G); and
       ``(I) other areas as determined by the Secretary.
       ``(2) Requirements.--In carrying out the program under this 
     subsection, the Secretary shall--
       ``(A) ensure all activities and designs incorporate state 
     of the art safeguards technologies and techniques to reduce 
     risk of proliferation;
       ``(B) consult with the Administrator of the National 
     Nuclear Security Administration to integrate safeguards and 
     security by design;
       ``(C) consider the potential benefits and other impacts of 
     those activities for civilian nuclear applications, 
     environmental health and safety, and national security, 
     including consideration of public consent; and
       ``(D) consider the economic viability of all activities and 
     designs.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the program under this subsection $60,000,000 for each of 
     fiscal years 2021 through 2025.
       ``(b) Advanced Fuels.--
       ``(1) In general.--The Secretary shall conduct an advanced 
     fuels research, development, demonstration, and commercial 
     application program on next-generation light water reactor 
     and advanced reactor fuels that demonstrate the potential for 
     improved--
       ``(A) performance;
       ``(B) accident tolerance;
       ``(C) proliferation resistance;
       ``(D) use of resources;
       ``(E) environmental impact; and
       ``(F) economics.
       ``(2) Requirements.--In carrying out the program under this 
     subsection, the Secretary shall focus on the development of 
     advanced technology fuels, including fabrication techniques, 
     that offer improved accident-tolerance and economic 
     performance with the goal of initial commercial application 
     by December 31, 2025.
       ``(3) Report.--Not later than 180 days after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report that describes how the 
     technologies and concepts studied under this program would 
     impact reactor economics, the fuel cycle, operations, safety, 
     proliferation, and the environment.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the program under this subsection $125,000,000 for each of 
     fiscal years 2021 through 2025.''.
       (c) Nuclear Science and Engineering Support.--Section 954 
     of the Energy Policy Act of 2005 (42 U.S.C. 16274) is 
     amended--
       (1) in the section heading, by striking ``UNIVERSITY 
     NUCLEAR'' and inserting ``NUCLEAR'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by striking 
     ``this section'' and inserting ``this subsection''; and
       (B) by redesignating paragraphs (1) through (5) as 
     subparagraphs (A) through (E), respectively, and indenting 
     appropriately;

[[Page H7661]]

       (3) in subsection (c), by redesignating paragraphs (1) and 
     (2) as subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (4) in subsection (d)--
       (A) in the matter preceding paragraph (1), by striking 
     ``this section'' and inserting ``this subsection''; and
       (B) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     appropriately;
       (5) in subsection (e), by striking ``this section'' and 
     inserting ``this subsection'';
       (6) in subsection (f)--
       (A) by striking ``this section'' and inserting ``this 
     subsection''; and
       (B) by striking ``subsection (b)(2)'' and inserting 
     ``paragraph (2)(B)'';
       (7) by redesignating subsections (a) through (d) as 
     paragraphs (1) through (4), respectively, and indenting 
     appropriately;
       (8) by redesignating subsections (e) and (f) as paragraphs 
     (7) and (8), respectively;
       (9) by inserting after paragraph (4) (as so redesignated) 
     the following:
       ``(5) Radiological facilities management.--
       ``(A) In general.--The Secretary shall carry out a program 
     under which the Secretary shall provide project management, 
     technical support, quality engineering and inspection, and 
     nuclear material handling support to research reactors 
     located at universities.
       ``(B) Authorization of appropriations.--Of any amounts 
     appropriated to carry out the program under this subsection, 
     there are authorized to be appropriated to the Secretary to 
     carry out the program under this paragraph $20,000,000 for 
     each of fiscal years 2021 through 2025.
       ``(6) Nuclear energy university program.--In carrying out 
     the programs under this section, the Department shall, to the 
     maximum extent practicable, allocate 20 percent of funds 
     appropriated to nuclear energy research and development 
     programs annually to fund university-led research and 
     university infrastructure projects through an open, 
     competitive solicitation process.'';
       (10) by inserting before paragraph (1) (as so redesignated) 
     the following:
       ``(a) University Nuclear Science and Engineering Support.--
     ''; and
       (11) by adding at the end the following:
       ``(b) Nuclear Energy Graduate Traineeship Subprogram.--
       ``(1) Establishment.--In carrying out the program under 
     subsection (a), the Secretary shall establish a nuclear 
     energy graduate traineeship subprogram under which the 
     Secretary shall competitively award graduate traineeships in 
     coordination with universities to provide focused, advanced 
     training to meet critical mission needs of the Department, 
     including in industries that are represented by skilled labor 
     unions.
       ``(2) Requirements.--In carrying out the subprogram under 
     this subsection, the Secretary shall--
       ``(A) encourage appropriate partnerships among National 
     Laboratories, affected universities, and industry; and
       ``(B) on an annual basis, evaluate the needs of the nuclear 
     energy community to implement graduate traineeships for 
     focused topical areas addressing mission-specific workforce 
     needs.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the subprogram under this subsection $5,000,000 for each of 
     fiscal years 2021 through 2025.''.
       (d) Conforming Amendment.--The table of contents of the 
     Energy Policy Act of 2005 (Public Law 109- 58; 119 Stat. 600) 
     is amended by striking the items relating to sections 952 
     through 954 and inserting the following:

``Sec. 952. Reactor concepts research, development, demonstration, and 
              commercial application.
``Sec. 953. Fuel cycle research, development, demonstration, and 
              commercial application.
``Sec. 954. Nuclear science and engineering support.''.
       (e) University Nuclear Leadership Program.--Section 313 of 
     the Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is 
     amended to read as follows:

     ``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.

       ``(a) In General.--The Secretary of Energy, the 
     Administrator of the National Nuclear Security 
     Administration, and the Chairman of the Nuclear Regulatory 
     Commission shall jointly establish a program, to be known as 
     the `University Nuclear Leadership Program'.
       ``(b) Use of Funds.--
       ``(1) In general.--Except as provided in paragraph (2), 
     amounts made available to carry out the Program shall be used 
     to provide financial assistance for scholarships, 
     fellowships, and research and development projects at 
     institutions of higher education in areas relevant to the 
     programmatic mission of the applicable Federal agency, with 
     an emphasis on providing the financial assistance with 
     respect to research, development, demonstration, and 
     commercial application activities relevant to civilian 
     advanced nuclear reactors including, but not limited to--
       ``(A) relevant fuel cycle technologies;
       ``(B) project management; and
       ``(C) advanced construction, manufacturing, and fabrication 
     methods.
       ``(2) Exception.--Notwithstanding paragraph (1), amounts 
     made available to carry out the Program may be used to 
     provide financial assistance for a scholarship, fellowship, 
     or multiyear research and development project that does not 
     align directly with a programmatic mission of the Department 
     of Energy, if the activity for which assistance is provided 
     would facilitate the maintenance of the discipline of nuclear 
     science or engineering.
       ``(c) Definitions.--In this section:
       ``(1) Advanced nuclear reactor; institution of higher 
     education.--The terms `advanced nuclear reactor' and 
     `institution of higher education' have the meanings given 
     those terms in section 951 of the Energy Policy Act of 2005 
     (42 U.S.C. 16271).
       ``(2) Program.--The term `Program' means the University 
     Nuclear Leadership Program established under this section.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out the Program for 
     each of fiscal years 2021 through 2025--
       ``(1) $30,000,000 to the Secretary of Energy, of which 
     $15,000,000 shall be for use by the Administrator of the 
     National Nuclear Security Administration; and
       ``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
       (f) Nuclear Energy Research Infrastructure.--Section 955 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16275) is amended--
       (1) in subsection (c), paragraph (1)--
       (A) in the paragraph heading, by striking ``Mission need'' 
     and inserting ``Authorization''; and
       (B) in subparagraph (A), by striking ``determine the 
     mission need'' and inserting ``provide'';
       (2) by adding at the end of subsection (c) the following:
       ``(7) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     to completion the construction of the facility under this 
     section--
       ``(A) $295,000,000 for fiscal year 2021;
       ``(B) $348,000,000 for fiscal year 2022;
       ``(C) $525,000,000 for fiscal year 2023;
       ``(D) $534,000,000 for fiscal year 2024; and
       ``(E) $584,000,000 for fiscal year 2025.''.
       (3) in subsection (c) paragraph (4), by striking ``2025'' 
     and inserting ``2026''; and
       (4) by adding at the end the following:
       ``(d) Gateway for Accelerated Innovation in Nuclear.--
       ``(1) In general.--In carrying out the programs under this 
     subtitle, the Secretary is authorized to establish a new 
     initiative to be known as the Gateway for Accelerated 
     Innovation in Nuclear (GAIN). The initiative shall, to the 
     maximum extent practicable and consistent with national 
     security, provide the nuclear energy industry with access to 
     cutting edge research and development along with the 
     technical, regulatory, and financial support necessary to 
     move innovative nuclear energy technologies toward 
     commercialization in an accelerated and cost-effective 
     fashion. The Secretary shall make available, as a minimum--
       ``(A) experimental capabilities and testing facilities;
       ``(B) computational capabilities, modeling, and simulation 
     tools;
       ``(C) access to existing datasets and data validation 
     tools; and
       ``(D) technical assistance with guidance or processes as 
     needed.
       ``(2) Selection.--
       ``(A) In general.--The Secretary shall select industry 
     partners for awards on a competitive merit-reviewed basis.
       ``(B) Considerations.--In selecting industry partners under 
     subparagraph (A), the Secretary shall consider--
       ``(i) the information disclosed by the Department as 
     described in paragraph (1); and
       ``(ii) any existing facilities the Department will provide 
     for public private partnership activities.''.
       (g) Advanced Reactor Demonstration Program.--
       (1) In general.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 959A. ADVANCED REACTOR DEMONSTRATION PROGRAM.

       ``(a) Demonstration Project Defined.--For the purposes of 
     this section, the term `demonstration project' means an 
     advanced nuclear reactor operated in any manner, including as 
     part of the power generation facilities of an electric 
     utility system, for the purpose of demonstrating the 
     suitability for commercial application of the advanced 
     nuclear reactor.
       ``(b) Establishment.--The Secretary shall establish a 
     program to advance the research, development, demonstration, 
     and commercial application of domestic advanced, affordable, 
     nuclear energy technologies by--
       ``(1) demonstrating a variety of advanced nuclear reactor 
     technologies, including those that could be used to produce--
       ``(A) safer, emissions-free power at a competitive cost of 
     electricity compared to other new energy generation 
     technologies on the date of enactment of the Energy Act of 
     2020;
       ``(B) heat for community heating, industrial purposes, heat 
     storage, or synthetic fuel production;
       ``(C) remote or off-grid energy supply; or
       ``(D) backup or mission-critical power supplies;
       ``(2) identifying research areas that the private sector is 
     unable or unwilling to undertake due to the cost of, or risks 
     associated with, the research; and
       ``(3) facilitating the access of the private sector--
       ``(A) to Federal research facilities and personnel; and
       ``(B) to the results of research relating to civil nuclear 
     technology funded by the Federal Government.
       ``(c) Demonstration Projects.--In carrying out 
     demonstration projects under the program established in 
     subsection (b), the Secretary shall--
       ``(1) include, as an evaluation criterion, diversity in 
     designs for the advanced nuclear reactors demonstrated under 
     this section, including designs using various--
       ``(A) primary coolants;
       ``(B) fuel types and compositions; and
       ``(C) neutron spectra;

[[Page H7662]]

       ``(2) consider, as evaluation criterions--
       ``(A) the likelihood that the operating cost for future 
     commercial units for each design implemented through a 
     demonstration project under this subsection is cost-
     competitive in the applicable market, including those designs 
     configured as integrated energy systems as described in 
     section 952(c);
       ``(B) the technology readiness level of a proposed advanced 
     nuclear reactor technology;
       ``(C) the technical abilities and qualifications of teams 
     desiring to demonstrate a proposed advanced nuclear reactor 
     technology; and
       ``(D) the capacity to meet cost-share requirements of the 
     Department;
       ``(3) ensure that each evaluation of candidate technologies 
     for the demonstration projects is completed through an 
     external review of proposed designs, which review shall--
       ``(A) be conducted by a panel that includes not fewer than 
     1 representative that does not have a conflict of interest of 
     each within the applicable market of the design of--
       ``(i) an electric utility;
       ``(ii) an entity that uses high-temperature process heat 
     for manufacturing or industrial processing, such as a 
     petrochemical or synthetic fuel company, a manufacturer of 
     metals or chemicals, or a manufacturer of concrete;
       ``(iii) an expert from the investment community;
       ``(iv) a project management practitioner; and
       ``(v) an environmental health and safety expert; and
       ``(B) include a review of each demonstration project under 
     this subsection which shall include consideration of cost-
     competitiveness and other value streams, together with the 
     technology readiness level, the technical abilities and 
     qualifications of teams desiring to demonstrate a proposed 
     advanced nuclear reactor technology, the capacity to meet 
     cost-share requirements of the Department, if Federal funding 
     is provided, and environmental impacts;
       ``(4) for federally funded demonstration projects, enter 
     into cost-sharing agreements with private sector partners in 
     accordance with section 988 for the conduct of activities 
     relating to the research, development, and demonstration of 
     advanced nuclear reactor designs under the program;
       ``(5) consult with--
       ``(A) National Laboratories;
       ``(B) institutions of higher education;
       ``(C) traditional end users (such as electric utilities);
       ``(D) potential end users of new technologies (such as 
     users of high-temperature process heat for manufacturing 
     processing, including petrochemical or synthetic fuel 
     companies, manufacturers of metals or chemicals, or 
     manufacturers of concrete);
       ``(E) developers of advanced nuclear reactor technology;
       ``(F) environmental and public health and safety experts; 
     and
       ``(G) non-proliferation experts;
       ``(6) seek to ensure that the demonstration projects 
     carried out under this section do not cause any delay in the 
     progress of an advanced reactor project by private industry 
     and the Department of Energy that is underway as of the date 
     of enactment of this section;
       ``(7) establish a streamlined approval process for 
     expedited contracting between awardees and the Department;
       ``(8) identify technical challenges to candidate 
     technologies;
       ``(9) support near-term research and development to address 
     the highest risk technical challenges to the successful 
     demonstration of a selected advanced reactor technology, in 
     accordance with--
       ``(A) paragraph (8);
       ``(B) the research and development activities under section 
     952(b); and
       ``(C) the research and development activities under section 
     958; and
       ``(10) establish such technology advisory working groups as 
     the Secretary determines to be appropriate to advise the 
     Secretary regarding the technical challenges identified under 
     paragraph (8) and the scope of research and development 
     programs to address the challenges, in accordance with 
     paragraph (9), to be comprised of--
       ``(A) private sector advanced nuclear reactor technology 
     developers;
       ``(B) technical experts with respect to the relevant 
     technologies at institutions of higher education;
       ``(C) technical experts at the National Laboratories;
       ``(D) environmental and public health and safety experts;
       ``(E) non-proliferation experts; and
       ``(F) any other entities the Secretary determines 
     appropriate.
       ``(d) Milestone-based Demonstration Projects.--The 
     Secretary may carry out demonstration projects under 
     subsection (c) as a milestone-based demonstration project 
     under section 9005 of the Energy Act of 2020.
       ``(e) Nonduplication.--Entities may not receive funds under 
     this program if receiving funds from another reactor 
     demonstration program at the Department in the same fiscal 
     year.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the program under this subsection--
       ``(1) $405,000,000 for fiscal year 2021;
       ``(2) $405,000,000 for fiscal year 2022;
       ``(3) $420,000,000 for fiscal year 2023;
       ``(4) $455,000,000 for fiscal year 2024; and
       ``(5) $455,000,000 for fiscal year 2025.''.
       (2) Table of contents.--The table of contents of the Energy 
     Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is 
     amended--
       (A) in the items relating to sections 957, 958, and 959, by 
     inserting ``Sec.'' before ``95'' each place it appears; and
       (B) by inserting after the item relating to section 959 the 
     following:

``Sec. 959A. Advanced reactor demonstration program.''.
       (h) International Nuclear Energy Cooperation.--
       (1) In general.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.), as amended by 
     subsection (g), is further amended by adding at the end the 
     following:

     ``SEC. 959B. INTERNATIONAL NUCLEAR ENERGY COOPERATION.

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

``Sec. 959B. International nuclear energy cooperation.''.

     SEC. 2004. HIGH-PERFORMANCE COMPUTATION COLLABORATIVE 
                   RESEARCH PROGRAM.

       Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 
     16277) is amended by adding at the end the following:
       ``(d) Duplication.--The Secretary shall ensure the 
     coordination of, and avoid unnecessary duplication of, the 
     activities of the program under subsection (a) with the 
     activities of--
       ``(1) other research entities of the Department, including 
     the National Laboratories, the Advanced Research Projects 
     Agency-Energy, and the Advanced Scientific Computing Research 
     program; and
       ``(2) industry.''.

     SEC. 2005. NUCLEAR ENERGY BUDGET PLAN.

       Section 959 of the Energy Policy Act of 2005 (42 U.S.C. 
     16279) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Budget Plan Alternative 1.--One of the budget plans 
     submitted under subsection (a) shall assume constant annual 
     funding for 10 years at the appropriated level for the 
     current fiscal year for the civilian nuclear energy research 
     and development of the Department.'';
       (2) in subsection (d)(2) by striking ``; and'' and 
     inserting ``;'';
       (3) in subsection (d)(3) by striking the period at the end 
     and inserting ``; and''
       (4) by inserting at the end of subsection (d) the 
     following:
       ``(4) a description of the progress made under the programs 
     described in section 959A.''; and
       (5) by inserting after subsection (d) the following:
       ``(e) Updates.--Not less frequently than once every 2 
     years, the Secretary shall submit to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate updated 10-year budget plans which 
     shall identify, and provide a justification for, any major 
     deviation from a previous budget plan submitted under this 
     section.''.

     SEC. 2006. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

       (a) In General.--Subtitle E of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16271 et seq.), as amended by 
     this Act, is further amended by adding at the end of the 
     following:

     ``SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

       ``(a) Coordination.--In carrying out this subtitle, the 
     Secretary shall coordinate activities, and effectively manage 
     crosscutting research priorities across programs of the 
     Department and other relevant Federal agencies, including the 
     National Laboratories.
       ``(b) Collaboration.--
       ``(1) In general.--In carrying out this subtitle, the 
     Secretary shall collaborate with industry, National 
     Laboratories, other relevant Federal agencies, institutions 
     of higher education, including minority-serving institutions 
     and research reactors, Tribal entities, including Alaska 
     Native Corporations, and international bodies with relevant 
     scientific and technical expertise.
       ``(2) Participation.--To the extent practicable, the 
     Secretary shall encourage research projects that promote 
     collaboration between entities specified in paragraph (1).
       ``(c) Dissemination of Results and Public Availability.--
     The Secretary shall, except to the extent protected from 
     disclosure under section 552(b) of title 5, United States 
     Code, publish the results of projects supported under this 
     subtitle through Department websites, reports, databases, 
     training materials, and industry conferences, including 
     information discovered after the completion of such projects.

[[Page H7663]]

       ``(d) Education and Outreach.--In carrying out the 
     activities described in this subtitle, the Secretary shall 
     support education and outreach activities to disseminate 
     information and promote public understanding of nuclear 
     energy.
       ``(e) Technical Assistance.--In carrying out this subtitle, 
     for the purposes of supporting technical, nonhardware, and 
     information-based advances in nuclear energy development and 
     operations, the Secretary shall also conduct technical 
     assistance and analysis activities, including activities that 
     support commercial application of nuclear energy in rural, 
     Tribal, and low-income communities.
       ``(f) Program Review.--At least annually, all programs in 
     this subtitle shall be subject to an annual review by the 
     Nuclear Energy Advisory Committee of the Department or other 
     independent entity, as appropriate.
       ``(g) Sensitive Information.--The Secretary shall not 
     publish any information generated under this subtitle that is 
     detrimental to national security, as determined by the 
     Secretary.''.
       (b) Table of Contents.--The table of contents of the Energy 
     Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as 
     amended by this Act, is further amended by inserting after 
     the item relating to section 959B the following:

``Sec. 959C. Organization and administration of programs.''.

     SEC. 2007. EXTENSION AND EXPANSION OF LIMITATIONS ON 
                   IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.

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

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

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

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

       ``(ii) Effect of termination of suspension agreement.--
     Clause (i) shall remain in effect if the Suspension Agreement 
     is terminated.'';
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking the semicolon and 
     inserting ``; or'';
       (ii) in subparagraph (B), by striking ``; or'' and 
     inserting a period; and
       (iii) by striking subparagraph (C);
       (C) in paragraph (5)--
       (i) in subparagraph (A), by striking ``reference data'' and 
     all that follows through ``2019'' and inserting the 
     following: ``lower scenario data in the report of the World 
     Nuclear Association entitled `The Nuclear Fuel Report: Global 
     Scenarios for Demand and Supply Availability 2019-2040'. In 
     each of calendar years 2023, 2029, and 2035''; and
       (ii) by redesignating subparagraphs (B) and (C) as 
     subparagraphs (C) and (D), respectively;
       (iii) by inserting after subparagraph (A) the following:
       ``(B) Report required.--Not later than one year after the 
     date of the enactment of the Energy Act of 2020, and every 3 
     years thereafter, the Secretary shall submit to Congress a 
     report that includes--
       ``(i) a recommendation on the use of all publicly available 
     data to ensure accurate forecasting by scenario data to 
     comport to actual demand for low-enriched uranium for nuclear 
     reactors in the United States; and
       ``(ii) an identification of the steps to be taken to adjust 
     the import limitations described in paragraph (2)(A) based on 
     the most accurate scenario data.''; and
       (iv) in subparagraph (D), as redesignated by clause (ii), 
     by striking ``subparagraph (B)'' and inserting ``subparagraph 
     (C)'';
       (D) in paragraph (9), by striking ``2020'' and inserting 
     ``2040'';
       (E) in paragraph (12)(B), by inserting ``or the Suspension 
     Agreement'' after ``the Russian HEU Agreement''; and
       (F) by striking ``(2)(B)'' each place it appears and 
     inserting ``(2)(C)''.
       (b) Applicability.--The amendments made by subsection (a) 
     apply with respect to uranium imported from the Russian 
     Federation on or after January 1, 2021.

     SEC. 2008. FUSION ENERGY RESEARCH.

       (a) Program.--Section 307 of the Department of Energy 
     Research and Innovation Act (42 U.S.C. 18645) is amended--
       (1) by redesignating subsections (a) through (g) as 
     subsections (b) through (h), respectively;
       (2) by inserting before subsection (b), as so redesignated, 
     the following:
       ``(a) Program.--As part of the activities authorized under 
     section 209 of the Department of Energy Organization Act (42 
     U.S.C. 7139) and section 972 of the Energy Policy Act of 2005 
     (42 U.S.C. 16312), the Director shall carry out a fusion 
     energy sciences research and enabling technology development 
     program to effectively address the scientific and engineering 
     challenges to building a cost competitive fusion power plant 
     and to support the development of a competitive fusion power 
     industry in the United States. As part of this program, the 
     Director shall carry out research activities to expand the 
     fundamental understandings of plasma and matter at very high 
     temperatures and densities for fusion applications and for 
     other engineering and plasma science applications.'';
       (3) by amending subsection (d) to read as follows:
       ``(d) Inertial Fusion Research and Development.--
       ``(1) In general.--The Director shall carry out a program 
     of research and technology development in inertial fusion for 
     energy applications, including ion beam, laser, and pulsed 
     power fusion systems.
       ``(2) Activities.--As part of the program described in 
     paragraph (1), the Director shall support activities at and 
     partnerships with universities and the National Laboratories 
     to--
       ``(A) develop novel target designs;
       ``(B) support modeling of various inertial fusion energy 
     concepts and systems;
       ``(C) develop diagnostic tools; and
       ``(D) improve inertial fusion energy driver technologies.
       ``(3) Authorization of appropriations.--Out of funds 
     authorized to be appropriated under subsection (o), there are 
     authorized to be appropriated to the Secretary to carry out 
     the activities described in subsection (d) $25,000,000 for 
     each of fiscal years 2021 through 2025.'';
       (4) by amending subsection (e) to read as follows:
       ``(e) Alternative and Enabling Concepts.--
       ``(1) In general.--The Director shall support research and 
     development activities and facility operations at 
     institutions of higher education, National Laboratories, and 
     private facilities in the United States for a portfolio of 
     alternative and enabling fusion energy concepts that may 
     provide solutions to significant challenges to the 
     establishment of a commercial magnetic fusion power plant, 
     prioritized based on the ability of the United States to play 
     a leadership role in the international fusion research 
     community.
       ``(2) Activities.--Fusion energy concepts and activities 
     explored under paragraph (1) may include--
       ``(A) alternative fusion energy concepts, including--
       ``(i) advanced stellarator concepts;
       ``(ii) non-tokamak confinement configurations operating at 
     low magnetic fields;
       ``(iii) magnetized target fusion energy concepts; or
       ``(iv) other promising fusion energy concepts identified by 
     the Director;
       ``(B) enabling fusion technology development activities, 
     including--
       ``(i) high magnetic field approaches facilitated by high 
     temperature superconductors;
       ``(ii) liquid metals to address issues associated with 
     fusion plasma interactions with the inner wall of the 
     encasing device; and

[[Page H7664]]

       ``(iii) advanced blankets for heat management and fuel 
     breeding; and
       ``(C) advanced scientific computing activities.
       ``(3) Innovation network for fusion energy.--
       ``(A) In general.--The Secretary, acting through the Office 
     of Science, shall support a program to provide fusion energy 
     researchers with access to scientific and technical resources 
     and expertise at facilities supported by the Department, 
     including such facilities at National Laboratories and 
     universities, to advance innovative fusion energy 
     technologies toward commercial application.
       ``(B) Awards.--Financial assistance under the program 
     established in subsection (a)--
       ``(i) shall be awarded on a competitive, merit-reviewed 
     basis; and
       ``(ii) may be in the form of grants, vouchers, equipment 
     loans, or contracts to private entities.
       ``(4) Authorization of appropriations.--Out of funds 
     authorized to be appropriated under subsection (o), there are 
     authorized to be appropriated to the Secretary to carry out 
     the activities described in subsection (e) $50,000,000 for 
     each of fiscal years 2021 through 2025.''; and
       (5) by adding at the end the following:
       ``(i) Milestone-based Development Program.--
       ``(1) In general.--Using the authority of the Secretary 
     under section 646(g) of the Department of Energy Organization 
     Act (42 U.S.C. 7256(g)), notwithstanding paragraph (10) of 
     such section, the Secretary shall establish, not later than 6 
     months after the date of enactment of this section, a 
     milestone-based fusion energy development program that 
     requires projects to meet particular technical milestones 
     before a participant is awarded funds by the Department.
       ``(2) Purpose.--The purpose of the program established by 
     paragraph (1) shall be to support the development of a U.S.-
     based fusion power industry through the research and 
     development of technologies that will enable the construction 
     of new full-scale fusion systems capable of demonstrating 
     significant improvements in the performance of such systems, 
     as defined by the Secretary, within 10 years of the enactment 
     of this section.
       ``(3) Eligibility.--Any entity is eligible to participate 
     in the program provided that the Secretary has deemed it as 
     having the necessary resources and expertise.
       ``(4) Requirements.--In carrying out the milestone-based 
     program under paragraph (1), the Secretary shall, for each 
     relevant project--
       ``(A) request proposals from eligible entities, as 
     determined by the Secretary, that include proposed technical 
     milestones, including estimated project timelines and total 
     costs;
       ``(B) set milestones based on a rigorous technical review 
     process;
       ``(C) award funding of a predetermined amount to projects 
     that successfully meet proposed milestones under paragraph 
     (1), or for expenses deemed reimbursable by the Secretary, in 
     accordance with terms negotiated for an individual award; and
       ``(D) communicate regularly with selected eligible entities 
     and, if the Secretary deems appropriate, exercise small 
     amounts of flexibility for technical milestones as projects 
     mature.
       ``(5) Awards.--For the program established under paragraph 
     (1)--
       ``(A) an award recipient shall be responsible for all costs 
     until milestones are achieved, or reimbursable expenses are 
     reviewed and verified by the Department;
       ``(B) should an awardee not meet the milestones described 
     in paragraph (4), the Secretary may end the partnership with 
     an award recipient and use the remaining funds in the ended 
     agreement for new or existing projects carried out under this 
     section; and
       ``(C) consistent with the existing authorities of the 
     Department, the Secretary may end the partnership with an 
     award recipient for cause during the performance period.
       ``(6) Applications.--Any project proposal submitted to the 
     program under paragraph (1) shall be evaluated based upon its 
     scientific, technical, and business merits through a peer-
     review process, which shall include reviewers with 
     appropriate expertise from the private sector, the investment 
     community, and experts in the science and engineering of 
     fusion and plasma physics.
       ``(7) Project management.--In carrying out projects under 
     this program and assessing the completion of their milestones 
     in accordance with paragraph (4), the Secretary shall consult 
     with experts that represent diverse perspectives and 
     professional experiences, including those from the private 
     sector, to ensure a complete and thorough review.
       ``(8) Programmatic review.--Not later than 4 years after 
     the Secretary has established 3 milestones under this 
     program, the Secretary shall enter into a contractual 
     arrangement with the National Academy of Sciences to review 
     and provide a report describing the findings of this review 
     to the House Committee on Science, Space, and Technology and 
     the Senate Committee on Energy and Natural Resources on the 
     program established under this paragraph (1) that assesses--
       ``(A) the benefits and drawbacks of a milestone-based 
     fusion program as compared to traditional program structure 
     funding models at the Department;
       ``(B) lessons-learned from program operations; and
       ``(C) any other matters the Secretary determines regarding 
     the program.
       ``(9) Annual report.--As part of the annual budget request 
     submitted for each fiscal year, the Secretary shall provide 
     the House Committee on Science, Space, and Technology and the 
     Senate Committee on Energy and Natural Resources a report 
     describing partnerships supported by the program established 
     under paragraph (1) during the previous fiscal year.
       ``(10) Authorization of appropriations.--Out of funds 
     authorized to be appropriated under subsection (o), there are 
     authorized to be appropriated to the Secretary to carry out 
     the activities described in subsection (i), to remain 
     available until expended--
       ``(A) $45,000,000 for fiscal year 2021;
       ``(B) $65,000,000 for fiscal year 2022;
       ``(C) $105,000,000 for fiscal year 2023;
       ``(D) $65,000,000 for fiscal year 2024; and
       ``(E) $45,000,000 for fiscal year 2025.
       ``(j) Fusion Reactor System Design.--The Director shall 
     support research and development activities to design future 
     fusion reactor systems and examine and address the technical 
     drivers for the cost of these systems.
       ``(k) General Plasma Science and Applications.--The 
     Director shall support research in general plasma science and 
     high energy density physics that advance the understanding of 
     the scientific community of fundamental properties and 
     complex behavior of matter to control and manipulate plasmas 
     for a broad range of applications, including support for 
     research relevant to advancements in chip manufacturing and 
     microelectronics.
       ``(l) Sense of Congress.--It is the sense of Congress that 
     the United States should support a robust, diverse program in 
     addition to providing sufficient support to, at a minimum, 
     meet its commitments to ITER and maintain the schedule of the 
     project as determined by the Secretary in coordination with 
     the ITER Organization at the time of the enactment of this 
     section. It is further the sense of Congress that developing 
     the scientific basis for fusion, providing research results 
     key to the success of ITER, and training the next generation 
     of fusion scientists are of critical importance to the United 
     States and should in no way be diminished by participation of 
     the United States in the ITER project.
       ``(m) International Collaboration.--The Director shall--
       ``(1) as practicable and in coordination with other 
     appropriate Federal agencies as necessary, ensure the access 
     of United States researchers to the most advanced fusion 
     research facilities and research capabilities in the world, 
     including ITER;
       ``(2) to the maximum extent practicable, continue to 
     leverage United States participation ITER, and prioritize 
     expanding international partnerships and investments in 
     current and future fusion research facilities within the 
     United States; and
       ``(3) to the maximum extent practicable, prioritize 
     engagement in collaborative efforts in support of future 
     international facilities that would provide access to the 
     most advanced fusion research facilities in the world to 
     United States researchers.
       ``(n) Fission and Fusion Research Coordination Report.--
       ``(1) In general.--Not later than 6 months after the date 
     of enactment of this section, the Secretary shall transmit to 
     Congress a report addressing opportunities for coordinating 
     fusion energy research and development activities between the 
     Office of Nuclear Energy, the Office of Science, and the 
     Advanced Research Projects Agency--Energy.
       ``(2) Components.--The report shall assess opportunities 
     for collaboration on research and development of--
       ``(A) liquid metals to address issues associated with 
     fusion plasma interactions with the inner wall of the 
     encasing device and other components within the reactor;
       ``(B) immersion blankets for heat management and fuel 
     breeding;
       ``(C) technologies and methods for instrumentation and 
     control;
       ``(D) computational methods and codes for system operation 
     and maintenance;
       ``(E) codes and standard development;
       ``(F) radioactive waste handling;
       ``(G) radiological safety;
       ``(H) potential for non-electricity generation 
     applications; and
       ``(I) any other overlapping priority as identified by the 
     Director of the Office of Science or the Assistant Secretary 
     of Energy for Nuclear Energy.
       ``(o) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the activities described in this section--
       ``(1) $996,000,000 for fiscal year 2021;
       ``(2) $921,000,000 for fiscal year 2022;
       ``(3) $961,000,000 for fiscal year 2023;
       ``(4) $921,000,000 for fiscal year 2024; and
       ``(5) $901,000,000 for fiscal year 2025.''.
       (b) ITER.--Section 972(c) of the Energy Policy Act of 2005 
     (42 U.S.C. 16312) is amended to read as follows:
       ``(c) United States Participation in ITER.--
       ``(1) In general.--There is authorized United States 
     participation in the construction and operations of the ITER 
     project, as agreed to under the April 25, 2007 `Agreement on 
     the Establishment of the ITER International Fusion Energy 
     Organization for the Joint Implementation of the ITER 
     Project'. The Director shall coordinate and carry out the 
     responsibilities of the United States with respect to this 
     Agreement.
       ``(2) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit to 
     Congress a report providing an assessment of the most recent 
     schedule for ITER that has been approved by the ITER Council.
       ``(3) Authorization of appropriations.--Out of funds 
     authorized to be appropriated under section 307(o) of the 
     Department of Energy Research and Innovation Act (42 U.S.C. 
     18645), there shall be made available to the Secretary to 
     carry out the construction of ITER--
       ``(A) $374,000,000 for fiscal year 2021; and
       ``(B) $281,000,000 for each of fiscal years 2022 through 
     2025.''.

[[Page H7665]]

  


                TITLE III--RENEWABLE ENERGY AND STORAGE

         Subtitle A--Renewable Energy Research and Development

     SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.

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

           ``Subtitle C--Water Power Research and Development

     ``SEC. 632. DEFINITIONS.

       ``In this subtitle:
       ``(1) Eligible entity.--The term `eligible entity' means 
     any of the following entities:
       ``(A) An institution of higher education.
       ``(B) A National Laboratory.
       ``(C) A Federal research agency.
       ``(D) A State research agency.
       ``(E) A nonprofit research organization.
       ``(F) An industrial entity or a multi-institutional 
     consortium thereof.
       ``(2) Institution of higher education.--The term 
     `institution of higher education' means--
       ``(A) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))); or
       ``(B) a postsecondary vocational institution (as defined in 
     section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(c))).
       ``(3) Marine energy.--The term `marine energy' means energy 
     from--
       ``(A) waves, tides, and currents in oceans, estuaries, and 
     tidal areas;
       ``(B) free flowing water in rivers, lakes, streams, and 
     man-made channels;
       ``(C) differentials in salinity and pressure gradients; and
       ``(D) differentials in water temperature, including ocean 
     thermal energy conversion.
       ``(4) National laboratory.--The term `National Laboratory' 
     has the meaning given such term in section 2(3) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801(3)).
       ``(5) Water power.--The term `water power' refers to 
     hydropower, including conduit power, pumped storage, and 
     marine energy technologies.
       ``(6) Microgrid.--The term `microgrid' has the meaning 
     given such term in section 641 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17231).

     ``SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION.

       ``The Secretary shall carry out a program to conduct 
     research, development, demonstration, and commercial 
     application of water power technologies in support of each of 
     the following purposes:
       ``(1) To promote research, development, demonstration, and 
     commercial application of water power generation technologies 
     in order to increase capacity and reduce the cost of those 
     technologies.
       ``(2) To promote research and development to improve the 
     environmental impact of water power technologies.
       ``(3) To provide grid reliability and resilience, including 
     through technologies that facilitate new market 
     opportunities, such as ancillary services, for water power.
       ``(4) To promote the development of water power 
     technologies to improve economic growth and enhance cross-
     institutional foundational workforce development in the water 
     power sector, including in coastal communities.

     ``SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION.

       ``The Secretary shall conduct a program of research, 
     development, demonstration, and commercial application for 
     technologies that improve the capacity, efficiency, 
     resilience, security, reliability, affordability, and 
     environmental impact, including potential cumulative 
     environmental impacts, of hydropower systems. In carrying out 
     such program, the Secretary shall prioritize activities 
     designed to--
       ``(1) develop technology for--
       ``(A) non-powered dams, including aging and potentially 
     hazardous dams;
       ``(B) pumped storage;
       ``(C) constructed waterways;
       ``(D) new stream-reach development;
       ``(E) modular and small dams;
       ``(F) increased operational flexibility; and
       ``(G) enhancement of relevant existing facilities;
       ``(2) develop new strategies and technologies, including 
     analytical methods, physical and numerical tools, and 
     advanced computing, as well as methods to validate such 
     methods and tools, in order to--
       ``(A) extend the operational lifetime of hydropower systems 
     and their physical structures, while improving environmental 
     impact, including potential cumulative environmental impacts;
       ``(B) assist in device and system design, installation, 
     operation, and maintenance; and
       ``(C) reduce costs, limit outages, and increase unit and 
     plant efficiencies, including by examining the impact of 
     changing water and electricity demand on hydropower 
     generation, flexibility, and provision of grid services;
       ``(3) study, in conjunction with other relevant Federal 
     agencies as appropriate, methods to improve the hydropower 
     licensing process, including by compiling current and 
     accepted best practices, public comments, and methodologies 
     to assess the full range of potential environmental and 
     economic impacts;
       ``(4) identify opportunities for joint research, 
     development, and demonstration programs between hydropower 
     systems, which may include--
       ``(A) pumped storage systems and other renewable energy 
     systems;
       ``(B) small hydro facilities and other energy storage 
     systems;
       ``(C) other hybrid energy systems;
       ``(D) small hydro facilities and critical infrastructure, 
     including water infrastructure; and
       ``(E) hydro facilities and responsive load technologies, 
     which may include smart buildings and city systems;
       ``(5) improve the reliability of hydropower technologies, 
     including during extreme weather events;
       ``(6) develop methods and technologies to improve 
     environmental impact, including potential cumulative 
     environmental impacts, of hydropower and pumped storage 
     technologies, including potential impacts on wildlife, such 
     as--
       ``(A) fisheries;
       ``(B) aquatic life and resources;
       ``(C) navigation of waterways; and
       ``(D) upstream and downstream environmental conditions, 
     including sediment movement, water quality, and flow volumes;
       ``(7) identify ways to increase power generation by--
       ``(A) diversifying plant configuration options;
       ``(B) improving pump-back efficiencies;
       ``(C) investigating multi-phase systems;
       ``(D) developing, testing, and monitoring advanced 
     generators with faster cycling times, variable speeds, and 
     improved efficiencies;
       ``(E) developing, testing, and monitoring advanced turbines 
     capable of improving environmental impact, including 
     potential cumulative environmental impacts, including small 
     turbine designs;
       ``(F) developing standardized powertrain components;
       ``(G) developing components with advanced materials and 
     manufacturing processes, including additive manufacturing; 
     and
       ``(H) developing analytical tools that enable hydropower to 
     provide grid services that, amongst other services, improve 
     grid integration of other energy sources;
       ``(8) advance new pumped storage technologies, including--
       ``(A) systems with adjustable speed and other new pumping 
     and generating equipment designs;
       ``(B) modular systems;
       ``(C) alternative closed-loop systems, including mines and 
     quarries; and
       ``(D) other innovative equipment and materials as 
     determined by the Secretary;
       ``(9) reduce civil works costs and construction times for 
     hydropower and pumped storage systems, including 
     comprehensive data and systems analysis of hydropower and 
     pumped storage construction technologies and processes in 
     order to identify areas for whole-system efficiency gains;
       ``(10) advance efficient and reliable integration of 
     hydropower and pumped storage systems with the electric grid 
     by--
       ``(A) improving methods for operational forecasting of 
     renewable energy systems to identify opportunities for 
     hydropower applications in pumped storage and hybrid energy 
     systems, including forecasting of seasonal and annual energy 
     storage;
       ``(B) considering aggregating small distributed hydropower 
     assets; and
       ``(C) identifying barriers to grid scale implementation of 
     hydropower and pumped storage technologies;
       ``(11) improve computational fluid dynamic modeling 
     methods;
       ``(12) improve flow measurement methods, including 
     maintenance of continuous flow measurement equipment;
       ``(13) identify best methods for compiling data on all 
     hydropower resources and assets, including identifying 
     potential for increased capacity; and
       ``(14) identify mechanisms to test and validate performance 
     of hydropower and pumped storage technologies.

     ``SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION.

       ``(a) In General.--The Secretary, in consultation with the 
     Secretary of Defense, Secretary of Commerce (acting through 
     the Under Secretary of Commerce for Oceans and Atmosphere) 
     and other relevant Federal agencies, shall conduct a program 
     of research, development, demonstration, and commercial 
     application of marine energy technology, including activities 
     to--
       ``(1) assist technology development to improve the 
     components, processes, and systems used for power generation 
     from marine energy resources at a variety of scales;
       ``(2) establish and expand critical testing infrastructure 
     and facilities necessary to--
       ``(A) demonstrate and prove marine energy devices at a 
     range of scales in a manner that is cost-effective and 
     efficient; and
       ``(B) accelerate the technological readiness and commercial 
     application of such devices;
       ``(3) address marine energy resource variability issues, 
     including through the application of energy storage 
     technologies;
       ``(4) advance efficient and reliable integration of marine 
     energy with the electric grid, which may include smart 
     building systems;
       ``(5) identify and study critical short-term and long-term 
     needs to maintaining a sustainable marine energy supply chain 
     based in the United States;
       ``(6) increase the reliability, security, and resilience of 
     marine energy technologies;
       ``(7) validate the performance, reliability, 
     maintainability, and cost of marine energy device designs and 
     system components in an operating environment;
       ``(8) consider the protection of critical infrastructure, 
     such as adequate separation between marine energy devices and 
     submarine telecommunications cables, including through the 
     development of voluntary, consensus-based standards for such 
     purposes;
       ``(9) identify opportunities for crosscutting research, 
     development, and demonstration programs between existing 
     energy research programs;

[[Page H7666]]

       ``(10) identify and improve, in conjunction with the 
     Secretary of Commerce, acting through the Under Secretary of 
     Commerce for Oceans and Atmosphere, and other relevant 
     Federal agencies as appropriate, the environmental impact, 
     including potential cumulative environmental impacts, of 
     marine energy technologies, including--
       ``(A) potential impacts on fisheries and other marine 
     resources; and
       ``(B) developing technologies, including mechanisms for 
     self-evaluation, and other means available for improving 
     environmental impact, including potential cumulative 
     environmental impacts;
       ``(11) identify, in consultation with relevant Federal 
     agencies, potential navigational impacts of marine energy 
     technologies and strategies to prevent possible adverse 
     impacts, in addition to opportunities for marine energy 
     systems to aid the United States Coast Guard, such as remote 
     sensing for coastal border security;
       ``(12) develop numerical and physical tools, including 
     models and monitoring technologies, to assist industry in 
     device and system design, installation, operation, and 
     maintenance, including methods to validate such tools;
       ``(13) support materials science as it relates to marine 
     energy technology, such as the development of corrosive-
     resistant materials;
       ``(14) improve marine energy resource forecasting and 
     general understanding of aquatic system behavior, including 
     turbulence and extreme conditions;
       ``(15) develop metrics and voluntary, consensus-based 
     standards, in coordination with the National Institute of 
     Standards and Technology and appropriate standard development 
     organizations, for marine energy components, systems, and 
     projects, including--
       ``(A) measuring performance of marine energy technologies; 
     and
       ``(B) characterizing environmental conditions;
       ``(16) enhance integration with hybrid energy systems, 
     including desalination;
       ``(17) identify opportunities to integrate marine energy 
     technologies into new and existing infrastructure; and
       ``(18) to develop technology necessary to support the use 
     of marine energy--
       ``(A) for the generation and storage of power at sea; and
       ``(B) for the generation and storage of power to promote 
     the resilience of coastal communities, including in 
     applications relating to--
       ``(i) desalination;
       ``(ii) disaster recovery and resilience; and
       ``(iii) community microgrids in isolated power systems.
       ``(b) Study of Non-Power Sector Applications for Advanced 
     Marine Energy Technologies.--
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of Transportation and the Secretary of Commerce, 
     shall conduct a study to examine opportunities for research 
     and development in advanced marine energy technologies for 
     non-power sector applications, including applications with 
     respect to--
       ``(A) the maritime transportation sector;
       ``(B) associated maritime energy infrastructure, including 
     infrastructure that serves ports, to improve system 
     resilience and disaster recovery; and
       ``(C) enabling scientific missions at sea and in extreme 
     environments, including the Arctic.
       ``(2) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Science, Space, and Technology of the House 
     of Representatives a report that describes the results of the 
     study conducted under paragraph (1).

     ``SEC. 636. NATIONAL MARINE ENERGY CENTERS.

       ``(a) In General.--The Secretary shall award grants, each 
     such grant up to $10,000,000 per year, to institutions of 
     higher education (or consortia thereof) for--
       ``(1) the continuation and expansion of the research, 
     development, demonstration, testing, and commercial 
     application activities at the National Marine Energy Centers 
     (referred to in this section as `Centers') established as of 
     January 1, 2020; and
       ``(2) the establishment of new National Marine Energy 
     Centers.
       ``(b) Location Selection.--In selecting institutions of 
     higher education for new Centers, the Secretary shall 
     consider the following criteria:
       ``(1) Whether the institution hosts an existing marine 
     energy research and development program.
       ``(2) Whether the institution has proven technical 
     expertise to support marine energy research.
       ``(3) Whether the institution has access to marine 
     resources.
       ``(c) Purposes.--The Centers shall coordinate among 
     themselves, the Department, and National Laboratories to--
       ``(1) advance research, development, demonstration, and 
     commercial application of marine energy technologies in 
     response to industry and commercial needs;
       ``(2) support in-water testing and demonstration of marine 
     energy technologies, including facilities capable of 
     testing--
       ``(A) marine energy systems of various technology readiness 
     levels and scales;
       ``(B) a variety of technologies in multiple test berths at 
     a single location;
       ``(C) arrays of technology devices; and
       ``(D) interconnectivity to an electrical grid, including 
     microgrids; and
       ``(3) collect and disseminate information on best practices 
     in all areas relating to developing and managing marine 
     energy resources and energy systems.
       ``(d) Coordination.--To the extent practicable, the Centers 
     shall coordinate their activities with the Secretary of 
     Commerce, acting through the Undersecretary of Commerce for 
     Oceans and Atmosphere, and other relevant Federal agencies.
       ``(e) Termination.--To the extent otherwise authorized by 
     law, the Secretary may terminate funding for a Center 
     described in paragraph (a) if such Center is under-
     performing.

     ``SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.

       ``(a) Coordination.--In carrying out this subtitle, the 
     Secretary shall coordinate activities, and effectively manage 
     cross-cutting research priorities across programs of the 
     Department and other relevant Federal agencies, including the 
     National Laboratories and the National Marine Energy Centers.
       ``(b) Collaboration.--
       ``(1) In general.--In carrying out this subtitle, the 
     Secretary shall collaborate with industry, National 
     Laboratories, other relevant Federal agencies, institutions 
     of higher education, including Minority Serving Institutions, 
     National Marine Energy Centers, Tribal entities, including 
     Alaska Native Corporations, and international bodies with 
     relevant scientific and technical expertise.
       ``(2) Participation.--To the extent practicable, the 
     Secretary shall encourage research projects that promote 
     collaboration between entities specified in paragraph (1) and 
     include entities not historically associated with National 
     Marine Energy Centers, such as Minority Serving Institutions.
       ``(3) International collaboration.--The Secretary, in 
     coordination with other appropriate Federal and multilateral 
     agencies (including the United States Agency for 
     International Development) shall support collaborative 
     efforts with international partners to promote the research, 
     development, and demonstration of water power technologies 
     used to develop hydropower, pump storage, and marine energy 
     resources.
       ``(c) Dissemination of Results and Public Availability.--
     The Secretary shall--
       ``(1) publish the results of projects supported under this 
     subtitle through Department websites, reports, databases, 
     training materials, and industry conferences, including 
     information discovered after the completion of such projects, 
     withholding any industrial proprietary information; and
       ``(2) share results of such projects with the public except 
     to the extent that the information is protected from 
     disclosure under section 552(b) of title 5, United States 
     Code.
       ``(d) Award Frequency.--The Secretary shall solicit 
     applications for awards under this subtitle no less 
     frequently than once per fiscal year.
       ``(e) Education and Outreach.--In carrying out the 
     activities described in this subtitle, the Secretary shall 
     support education and outreach activities to disseminate 
     information and promote public understanding of water power 
     technologies and the water power workforce, including 
     activities at the National Marine Energy Centers.
       ``(f) Technical Assistance and Workforce Development.--In 
     carrying out this subtitle, the Secretary may also conduct, 
     for purposes of supporting technical, non-hardware, and 
     information-based advances in water power systems development 
     and operations--
       ``(1) technical assistance and analysis activities with 
     eligible entities, including activities that support 
     expanding access to advanced water power technologies for 
     rural, Tribal, and low-income communities; and
       ``(2) workforce development and training activities, 
     including to support the dissemination of standards and best 
     practices for enabling water power production.
       ``(g) Strategic Plan.--In carrying out the activities 
     described in this subtitle, the Secretary shall--
       ``(1) not later than one year after the date of the 
     enactment of the Energy Act of 2020, draft a plan, 
     considering input from relevant stakeholders such as industry 
     and academia, to implement the programs described in this 
     subtitle and update the plan on an annual basis; and
       ``(2) the plan shall address near-term (up to 2 years), 
     mid-term (up to 7 years), and long-term (up to 15 years) 
     challenges to the advancement of water power systems.
       ``(h) Report to Congress.--Not later than 1 year after the 
     date of the enactment of the Energy Act of 2020, and at least 
     once every 2 years thereafter, the Secretary shall provide, 
     and make available to the public and the relevant authorizing 
     and appropriations committees of Congress, a report on the 
     findings of research conducted and activities carried out 
     pursuant to this subtitle, including the most current 
     strategic plan under subsection (g) and the progress made in 
     implementing such plan.

     ``SEC. 638. APPLICABILITY OF OTHER LAWS.

       ``Nothing in this subtitle shall be construed as waiving, 
     modifying, or superseding the applicability of any 
     requirement under any environmental or other Federal or State 
     law.

     ``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     to carry out this subtitle $186,600,000 for each of fiscal 
     years 2021 through 2025, including $137,428,378 for marine 
     energy and $49,171,622 for hydropower research, development, 
     and demonstration activities.''.
       (b) Conforming Table of Contents Amendment.--The table of 
     contents for the Energy Independence and Security Act of 2007 
     is amended by striking the items relating to subtitle C of 
     title VI and inserting the following:

           ``Subtitle C--Water Power Research and Development

``Sec. 632. Definitions.
``Sec. 633. Water power technology research, development, and 
              demonstration.
``Sec. 634. Hydropower research, development, and demonstration.

[[Page H7667]]

``Sec. 635. Marine energy research, development, and demonstration.
``Sec. 636. National Marine Energy Centers.
``Sec. 637. Organization and administration of programs.
``Sec. 638. Applicability of other laws.
``Sec. 639. Authorization of appropriations.''.

     SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.

       (a) Definitions.--Section 612 of the Energy Independence 
     and Security Act of 2007 (42 U.S.C. 17191) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Engineered.--When referring to enhanced geothermal 
     systems, the term `engineered' means designed to access 
     subsurface heat, including stimulation and nonstimulation 
     technologies to address one or more of the following issues:
       ``(A) Lack of effective permeability, porosity or open 
     fracture connectivity within the heat reservoir.
       ``(B) Insufficient contained geofluid in the heat 
     reservoir.
       ``(C) A low average geothermal gradient which necessitates 
     deeper drilling, or the use of alternative heat sources or 
     heat generation processes.'';
       (2) by redesignating paragraphs (2) through (7) as 
     paragraphs (3) through (8), respectively; and
       (3) by adding after paragraph (1) the following:
       ``(2) Eligible entity.--The term `eligible entity' means 
     any of the following entities:
       ``(A) An institution of higher education.
       ``(B) A National laboratory.
       ``(C) A Federal research agency.
       ``(D) A State research agency.
       ``(E) A nonprofit research organization.
       ``(F) An industrial entity.
       ``(G) A consortium of 2 or more entities described in 
     subparagraphs (A) through (F).''.
       (b) Hydrothermal Research and Development.--Section 613 of 
     the Energy Independence and Security Act of 2007 (42 U.S.C. 
     17192) is amended to read as follows:

     ``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.

       ``(a) In General.--The Secretary shall carry out a program 
     of research, development, demonstration, and commercial 
     application for geothermal energy production from 
     hydrothermal systems.
       ``(b) Programs.--The program authorized in subsection (a) 
     shall include the following:
       ``(1) Advanced hydrothermal resource tools.--The research 
     and development of advanced geologic tools to assist in 
     locating hydrothermal resources, and to increase the 
     reliability of site characterization, including the 
     development of new imaging and sensing technologies and 
     techniques to assist in prioritization of targets for 
     characterization;
       ``(2) Exploratory drilling for geothermal resources.--The 
     demonstration of advanced technologies and techniques of 
     siting and exploratory drilling for undiscovered resources in 
     a variety of geologic settings, carried out in collaboration 
     with industry partners that will assist in the acquisition of 
     high quality data sets relevant for hydrothermal subsurface 
     characterization activities.''.
       (c) General Geothermal Systems Research and Development.--
     Section 614 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17193) is amended to read as follows:

     ``SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND 
                   DEVELOPMENT.

       ``(a) Subsurface Components and Systems.--The Secretary 
     shall support a program of research, development, 
     demonstration, and commercial application of components and 
     systems capable of withstanding geothermal environments and 
     necessary to develop, produce, and monitor geothermal 
     reservoirs and produce geothermal energy.
       ``(b) Environmental Impacts.--The Secretary shall--
       ``(1) support a program of research, development, 
     demonstration, and commercial application of technologies and 
     practices designed to mitigate or preclude potential adverse 
     environmental impacts of geothermal energy development, 
     production or use;
       ``(2) support a research program to identify potential 
     environmental impacts, including induced seismicity, and 
     environmental benefits of geothermal energy development, 
     production, and use, and ensure that the program described in 
     paragraph (1) addresses such impacts, including water use and 
     effects on groundwater and local hydrology;
       ``(3) support a program of research to compare the 
     potential environmental impacts and environmental benefits 
     identified as part of the development, production, and use of 
     geothermal energy with the potential emission reductions of 
     greenhouse gases gained by geothermal energy development, 
     production, and use; and
       ``(4) in carrying out this section, the Secretary shall, to 
     the maximum extent practicable, consult with relevant federal 
     agencies, including the Environmental Protection Agency.
       ``(c) Reservoir Thermal Energy Storage.--The Secretary 
     shall support a program of research, development, and 
     demonstration of reservoir thermal energy storage, 
     emphasizing cost-effective improvements through deep direct 
     use engineering, design, and systems research.
       ``(d) Oil and Gas Technology Transfer Initiative.--
       ``(1) In general.--The Secretary shall support an 
     initiative among the Office of Fossil Energy, the Office of 
     Energy Efficiency and Renewable Energy, and the private 
     sector to research, develop, and demonstrate relevant 
     advanced technologies and operation techniques used in the 
     oil and gas sector for use in geothermal energy development.
       ``(2) Priorities.--In carrying out paragraph (1), the 
     Secretary shall prioritize technologies with the greatest 
     potential to significantly increase the use and lower the 
     cost of geothermal energy in the United States, including the 
     cost and speed of geothermal drilling surface technologies, 
     large- and small-scale drilling, and well construction.
       ``(e) Coproduction of Geothermal Energy and Minerals 
     Production Research and Development Initiative.--
       ``(1) In general.--The Secretary shall carry out a research 
     and development initiative under which the Secretary shall 
     provide financial assistance to demonstrate the coproduction 
     of critical minerals from geothermal resources.
       ``(2) Requirements.--An award made under paragraph (1) 
     shall--
       ``(A) improve the cost effectiveness of removing minerals 
     from geothermal brines as part of the coproduction process;
       ``(B) increase recovery rates of the targeted mineral 
     commodity;
       ``(C) decrease water use and other environmental impacts, 
     as determined by the Secretary; and
       ``(D) demonstrate a path to commercial viability.
       ``(f) Flexible Operations.--The Secretary shall support a 
     research initiative on flexible operation of geothermal power 
     plants.
       ``(g) Integrated Energy Systems.--The Secretary shall 
     identify opportunities for joint research, development, and 
     demonstration programs between geothermal systems and other 
     energy generation or storage systems.
       ``(h) Drilling Data Repository.--
       ``(1) In general.--The Secretary shall, in consultation 
     with the Secretary of the Interior, establish and operate a 
     voluntary, industry-wide repository of geothermal drilling 
     information to lower the cost of future geothermal drilling.
       ``(2) Repository.--
       ``(A) In general.--In carrying out paragraph (1), the 
     Secretary shall collaborate with countries utilizing a 
     significant amount of geothermal energy, as determined by the 
     Secretary.
       ``(B) Data system.--The repository established under 
     paragraph (1) shall be integrated with the National 
     Geothermal Data System.''.
       (d) Enhanced Geothermal Systems Research and Development.--
     Section 615 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17194) is amended to read as follows:

     ``SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND 
                   DEVELOPMENT.

       ``(a) In General.--The Secretary shall support a program of 
     research, development, demonstration, and commercial 
     application for enhanced geothermal systems, including the 
     programs described in subsection (b).
       ``(b) Enhanced Geothermal Systems Technologies.--In 
     collaboration with industry partners, institutions of higher 
     education, and the national laboratories, the Secretary shall 
     support a program of research, development, demonstration, 
     and commercial application of the technologies to achieve 
     higher efficiency and lower cost enhanced geothermal systems, 
     including--
       ``(1) reservoir stimulation;
       ``(2) drilled, non-stimulated (e.g. closed-loop) reservoir 
     technologies;
       ``(3) reservoir characterization, monitoring, and modeling 
     and understanding of the surface area and volume of 
     fractures;
       ``(4) stress and fracture mapping including real time 
     monitoring and modeling;
       ``(5) tracer development;
       ``(6) three and four-dimensional seismic imaging and 
     tomography;
       ``(7) well placement and orientation;
       ``(8) long-term reservoir management;
       ``(9) drilling technologies, methods, and tools;
       ``(10) improved exploration tools;
       ``(11) zonal isolation; and
       ``(12) understanding induced seismicity risks from 
     reservoir engineering and stimulation.
       ``(c) Frontier Observatory for Research in Geothermal 
     Energy.--
       ``(1) In general.--The Secretary shall support the 
     establishment and construction of up to 3 field research 
     sites, which shall each be known as a `Frontier Observatory 
     for Research in Geothermal Energy' or `FORGE' site to 
     develop, test, and enhance techniques and tools for enhanced 
     geothermal energy.
       ``(2) Duties.--The Secretary shall--
       ``(A) provide financial assistance in support of research 
     and development projects focused on advanced monitoring 
     technologies, new technologies and approaches for 
     implementing multi-zone stimulations, nonstimulation 
     techniques, and dynamic reservoir modeling that incorporates 
     all available high-fidelity characterization data; and
       ``(B) seek opportunities to coordinate efforts and share 
     information with domestic and international partners engaged 
     in research and development of geothermal systems and related 
     technology, including coordination between FORGE sites.
       ``(3) Site selection.--Of the FORGE sites referred to in 
     paragraph (1), the Secretary shall--
       ``(A) consider applications through a competitive, merit-
     reviewed process, from National Laboratories, multi-
     institutional collaborations, institutes of higher education 
     and other appropriate entities best suited to provide 
     national leadership on geothermal related issues and perform 
     the duties enumerated under this subsection;
       ``(B) prioritize existing field sites and facilities with 
     capabilities relevant to the duties enumerated under this 
     subsection;
       ``(C) determine the mission need for and potential location 
     of subsequent FORGE sites following the completion of 
     construction and one year of operation of two FORGE sites; 
     and
       ``(D) ensure geologic diversity among FORGE sites when 
     developing subsequent sites, to the maximum extent 
     practicable.
       ``(4) Existing forge sites.--A FORGE site already in 
     existence on the date of enactment of this Act may continue 
     to receive support.

[[Page H7668]]

       ``(5) Site operation.--
       ``(A) Initial duration.--FORGE sites selected under 
     paragraph (3) shall operate for an initial term of not more 
     than 7 years after the date on which site operation begins.
       ``(B) Performance metrics.--The Secretary shall establish 
     performance metrics for each FORGE site supported under this 
     paragraph, which may be used by the Secretary to determine 
     whether a FORGE site should continue to receive funding.
       ``(6) Additional terms.--
       ``(A) In general.--At the end of an operational term 
     described in subparagraph (B), a FORGE site may--
       ``(i) be transferred to other public or private entities 
     for further enhanced geothermal testing; or
       ``(ii) subject to appropriations and a merit review by the 
     Secretary, operate for an additional term of not more than 7 
     years.
       ``(B) Operational term described.--An operational term 
     referred to in subparagraph (A)--
       ``(i) in the case of an existing FORGE site, is the 
     existing operational term; and
       ``(ii) in the case of new FORGE sites selected under 
     paragraph (3), is the initial term under paragraph (5)(A) or 
     an additional term under subparagraph (A)(ii) of this 
     paragraph.
       ``(7) Funding.--
       ``(A) In general.--Out of funds authorized to be 
     appropriated under section 623, there shall be made available 
     to the Secretary to carry out the FORGE activities under this 
     paragraph--
       ``(i) $45,000,000 for fiscal year 2021;
       ``(ii) $55,000,000 for fiscal year 2022;
       ``(iii) $65,000,000 for fiscal year 2023;
       ``(iv) $70,000,000 for fiscal year 2024; and
       ``(v) $70,000,000 for fiscal year 2025.
       ``(B) Considerations.--In carrying out this subsection, the 
     Secretary shall consider the balance between funds dedicated 
     to construction and operations and research activities to 
     reflect the state of site development.
       ``(d) Enhanced Geothermal Systems Demonstrations.--
       ``(1) In general.--Beginning on the date of enactment of 
     this section, the Secretary, in collaboration with industry 
     partners, institutions of higher education, and the national 
     laboratories, shall support an initiative for demonstration 
     of enhanced geothermal systems for power production or direct 
     use.
       ``(2) Projects.--
       ``(A) In general.--Under the initiative described in 
     paragraph (1), 4 demonstration projects shall be carried out 
     in locations that are potentially commercially viable for 
     enhanced geothermal systems development, while also 
     considering environmental impacts to the maximum extent 
     practicable, as determined by the Secretary.
       ``(B) Requirements.--Demonstration projects under 
     subparagraph (A) shall--
       ``(i) collectively demonstrate--

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

       ``(ii) to the extent practicable, use existing sites where 
     subsurface characterization or geothermal energy integration 
     analysis has been conducted.
       ``(C) Eastern demonstration.--Not fewer than 1 of the 
     demonstration projects carried out under subparagraph (A) 
     shall be located an area east of the Mississippi River that 
     is suitable for enhanced geothermal demonstration for power, 
     heat, or a combination of power and heat.
       ``(D) Milestone-based demonstration projects.--The 
     Secretary may carry out demonstration projects under this 
     subsection as a milestone-based demonstration project under 
     section 9005 of the Energy Act of 2020.
       ``(3) Funding.--Out of funds authorized to be appropriated 
     under section 623, there shall be made available to the 
     Secretary to carry out the demonstration activities under 
     this subsection $21,000,000 for each of fiscal years 2021 
     through 2025.''.
       (e) Geothermal Heat Pumps and Direct Use.--
       (1) In general.--Title VI of the Energy Independence and 
     Security Act of 2007 is amended by inserting after section 
     616 (42 U.S.C. 17195) the following:

     ``SEC. 616A. GEOTHERMAL HEAT PUMPS AND DIRECT USE RESEARCH 
                   AND DEVELOPMENT.

       ``(a) Purposes.--The purposes of this section are--
       ``(1) to improve the understanding of related earth 
     sciences, components, processes, and systems used for 
     geothermal heat pumps and the direct use of geothermal 
     energy; and
       ``(2) to increase the energy efficiency, lower the cost, 
     increase the use, and improve and demonstrate the 
     effectiveness of geothermal heat pumps and the direct use of 
     geothermal energy.
       ``(b) Definitions.--In this section:
       ``(1) Direct use of geothermal energy.--The term `direct 
     use of geothermal energy' means geothermal systems that use 
     water directly or through a heat exchanger to provide--
       ``(A) heating and cooling to buildings, commercial 
     districts, residential communities, and large municipal, or 
     industrial projects; or
       ``(B) heat required for industrial processes, agriculture, 
     aquaculture, and other facilities.
       ``(2) Economically distressed area.--The term `economically 
     distressed area' means an area described in section 301(a) of 
     the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3161(a)).
       ``(3) Geothermal heat pump.--The term `geothermal heat 
     pump' means a system that provides heating and cooling by 
     exchanging heat from shallow geology, groundwater, or surface 
     water using--
       ``(A) a closed loop system, which transfers heat by way of 
     buried or immersed pipes that contain a mix of water and 
     working fluid; or
       ``(B) an open loop system, which circulates ground or 
     surface water directly into the building and returns the 
     water to the same aquifer or surface water source.
       ``(c) Program.--
       ``(1) In general.--The Secretary shall support within the 
     Geothermal Technologies Office a program of research, 
     development, and demonstration for geothermal heat pumps and 
     the direct use of geothermal energy.
       ``(2) Areas.--The program under paragraph (1) may include 
     research, development, demonstration, and commercial 
     application of--
       ``(A) geothermal ground loop efficiency improvements, cost 
     reductions, and improved installation and operations methods;
       ``(B) the use of geothermal energy for building-scale 
     energy storage;
       ``(C) the use of geothermal energy as a grid management 
     resource or seasonal energy storage;
       ``(D) geothermal heat pump efficiency improvements;
       ``(E) the use of alternative fluids as a heat exchange 
     medium, such as hot water found in mines and mine shafts, 
     graywater, or other fluids that may improve the economics of 
     geothermal heat pumps;
       ``(F) heating of districts, neighborhoods, communities, 
     large commercial or public buildings, and industrial and 
     manufacturing facilities;
       ``(G) the use of low temperature groundwater for direct 
     use; and
       ``(H) system integration of direct use with geothermal 
     electricity production.
       ``(3) Environmental impacts.--In carrying out the program, 
     the Secretary shall identify and mitigate potential 
     environmental impacts in accordance with section 614(b).
       ``(d) Financial Assistance.--
       ``(1) In general.--The Secretary shall carry out the 
     program established in subsection (c) by making financial 
     assistance available to State, local, and Tribal governments, 
     institutions of higher education, nonprofit entities, 
     National Laboratories, utilities, and for-profit companies.
       ``(2) Priority.--In providing financial assistance under 
     this subsection, the Secretary may give priority to proposals 
     that apply to large buildings, commercial districts, and 
     residential communities that are located in economically 
     distressed areas and areas that the Secretary determines to 
     have high economic potential for geothermal district heating 
     based on the report, `Geovision: Harnessing the Heat Beneath 
     our Feet' published by the Department in 2019, or a successor 
     report.''.
       (2) Conforming amendment.--Section 1(b) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17001 note) 
     is amended in the table of contents by inserting after the 
     item relating to section 616 the following:

``Sec. 616A. Geothermal heat pumps and direct use research and 
              development.''.
       (f) Organization and Administration of Programs.--
       (1) In general.--Section 617 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17196) is amended--
       (A) by striking the section heading and inserting 
     ``ORGANIZATION AND ADMINISTRATION OF PROGRAMS'';
       (B) in subsection (b), by striking paragraph (2) and 
     redesignating paragraphs (3) and (4) as paragraphs (2) and 
     (3), respectively; and
       (C) by adding at the end the following:
       ``(c) Education and Outreach.--In carrying out the 
     activities described in this subtitle, the Secretary shall 
     support education and outreach activities to disseminate 
     information on geothermal energy technologies and the 
     geothermal energy workforce, including activities at the 
     Frontier Observatory for Research in Geothermal Energy site 
     or sites.
       ``(d) Technical Assistance.--In carrying out this subtitle, 
     the Secretary shall also conduct technical assistance and 
     analysis activities with eligible entities for the purpose of 
     supporting the commercial application of advances in 
     geothermal energy systems development and operations, which 
     may include activities that support expanding access to 
     advanced geothermal energy technologies for rural, Tribal, 
     and low-income communities.
       ``(e) Report.--Every 5 years after the date of enactment of 
     this subsection, the Secretary shall report to the Committee 
     on Science and Technology of the House of Representatives and 
     the Committee on Energy and Natural Resources of the Senate 
     on advanced concepts and technologies to maximize the 
     geothermal resource potential of the United States.
       ``(f) Progress Reports.--Not later than 1 year after the 
     date of enactment of this subsection, and every 2 years 
     thereafter, the Secretary shall submit to the Committee on 
     Science and Technology of the House of Representatives and 
     the Committee on Energy and Natural Resources of the Senate a 
     report on the results of projects undertaken under this part 
     and other such information the Secretary considers 
     appropriate.''.
       (2) Conforming amendment.--Section 1(b) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17001 note) 
     is amended in the table of contents by amending the item 
     related to section 617 to read as follows:

``Sec. 617. Organization and administration of programs.''.
       (g) Advanced Geothermal Computing and Data Science Research 
     and Development.--
       (1) In general.--Section 618 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17197) is amended to read as 
     follows:

[[Page H7669]]

  


     ``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE 
                   RESEARCH AND DEVELOPMENT.

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

``Sec. 618. Advanced geothermal computing and data science research and 
              development.''.
       (h) Geothermal Workforce Development.--
       (1) In general.--Section 619 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17198) is amended to read as 
     follows:

     ``SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.

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

``Sec. 619. Geothermal workforce development.''.
       (i) Repeals.--
       (1) EISA repeal.--Subtitle B of title VI of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17191 et 
     seq.) is amended by striking sections 620 and 621.
       (2) Conforming amendment.--Section 1(b) of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17001 note) 
     is amended in the table of contents by striking the item 
     related to section 620 and 621.
       (3) Additional repeal.--The Geothermal Energy Research, 
     Development, and Demonstration Act of 1974 (30 U.S.C. 1101 et 
     seq.) is repealed.
       (j) Authorization of Appropriations.--Section 623 of the 
     Energy Independence and Security Act of 2007 (42 U.S.C. 
     17202) is amended to read as follows:

     ``SEC. 623. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Secretary 
     to carry out the programs under this subtitle $170,000,000 
     for each of fiscal years 2021 through 2025.''.
       (k) International Geothermal Energy Development.--Section 
     624 of the Energy Independence and Security Act of 2007 (42 
     U.S.C. 17203) is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--The Secretary of Energy, in coordination 
     with other appropriate Federal and multilateral agencies 
     (including the United States Agency for International 
     Development) shall support collaborative efforts with 
     international partners to promote the research, development, 
     and demonstration of geothermal technologies used to develop 
     hydrothermal and enhanced geothermal system resources.''; and
       (2) by striking subsection (c).
       (l) Reauthorization of High Cost Region Geothermal Energy 
     Grant Program.--Section 625 of the Energy Independence and 
     Security Act of 2007 (42 U.S.C. 17204) is amended--
       (1) in subsection (a)(2), by inserting ``or heat'' after 
     ``electrical power''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Authorization of Appropriations.--Out of funds 
     authorized under section 623, there is authorized to be 
     appropriated to carry out this section $5,000,000 for each of 
     fiscal years 2021 through 2025.''.
       (m) Update to Geothermal Resource Assessment.--Section 2501 
     of the Energy Policy Act of 1992 (30 U.S.C. 1028) is 
     amended--
       (1) by redesignating subsections (a) and (b) as subsections 
     (b) and (d), respectively;
       (2) by inserting before subsection (b) (as so redesignated) 
     the following:
       ``(a) Definition of Enhanced Geothermal Systems.--In this 
     section, the term `enhanced geothermal systems' has the 
     meaning given the term in section 612 of the Energy 
     Independence and Security Act of 2007 (42 U.S.C. 17191).'';
       (3) by inserting after subsection (b) (as so redesignated) 
     the following:
       ``(c) Update to Geothermal Resource Assessment.--The 
     Secretary of the Interior, acting through the United States 
     Geological Survey, and in consultation with the Secretary of 
     Energy, shall update the 2008 United States geothermal 
     resource assessment carried out by the United States 
     Geological Survey, including--
       ``(1) with respect to areas previously identified by the 
     Department of Energy or the United States Geological Survey 
     as having significant potential for hydrothermal energy or 
     enhanced geothermal systems energy, by focusing on--
       ``(A) improving the resolution of resource potential at 
     systematic temperatures and depths, including temperatures 
     and depths appropriate for power generation and direct use 
     applications;
       ``(B) quantifying the total potential to coproduce 
     geothermal energy and minerals;
       ``(C) incorporating data relevant to underground thermal 
     energy storage and exchange, such as aquifer and soil 
     properties; and
       ``(D) producing high resolution maps, including--
       ``(i) maps that indicate key subsurface parameters for 
     electric and direct use resources; and
       ``(ii) risk maps for induced seismicity based on geologic, 
     geographic, and operational parameters; and
       ``(2) to the maximum extent practicable, by coordinating 
     with relevant State officials and institutions of higher 
     education to expand geothermal assessments, including 
     enhanced geothermal systems assessments, to include 
     assessments for the Commonwealth of Puerto Rico and the 
     States of Alaska and Hawaii.''; and
       (4) in subsection (d) (as so redesignated), by striking 
     ``necesary'' and inserting ``necessary''.
       (n) Modifying the Definition of Renewable Energy to Include 
     Thermal Energy.--
       (o) Modifying the Definition of Renewable Energy to Include 
     Thermal Energy.--Section 203 of the Energy Policy Act of 2005 
     (42 U.S.C. 15852) is amended--
       (1) in subsection (b)(2), by striking ``generated'' and 
     inserting ``produced''; and
       (2) in subsection (c)--
       (A) by redesignating paragraphs (1) through (3) as 
     subparagraphs (A) through (C), respectively, and indenting 
     appropriately;
       (B) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``For purposes'' and inserting the 
     following:
       ``(1) In general.--For purposes''; and
       (C) by adding at the end the following:
       ``(2) Separate calculation.--
       ``(A) In general.--For purposes of determining compliance 
     with the requirement of this section, any energy consumption 
     that is avoided through the use of geothermal energy shall be 
     considered to be renewable energy produced.
       ``(B) Efficiency accounting.--Energy consumption that is 
     avoided through the use of geothermal energy that is 
     considered to be renewable energy under this section shall 
     not be considered energy efficiency for the purpose of 
     compliance with Federal energy efficiency goals, targets, and 
     incentives.''.

     SEC. 3003. WIND ENERGY RESEARCH AND DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Critical material.--The term ``critical material'' has 
     the meaning given the term in section 7002 of this Act.
       (2) Economically distressed area.--The term ``economically 
     distressed area'' means an area described in section 301(a) 
     of the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3161(a)).
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) an institution of higher education, including a 
     minority-serving institution;
       (B) a National Laboratory;
       (C) a Federal research agency;
       (D) a State research agency;
       (E) a research agency associated with a territory or freely 
     associated state;
       (F) a Tribal energy development organization;
       (G) an Indian Tribe;
       (H) a Tribal organization;
       (I) a Native Hawaiian community-based organization;
       (J) a nonprofit research organization;
       (K) an industrial entity;
       (L) any other entity, as determined by the Secretary; and
       (M) a consortium of 2 or more entities described in 
     subparagraphs (A) through (L).
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' means--
       (A) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))); or
       (B) a postsecondary vocational institution (as defined in 
     section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(c))).
       (6) Minority serving institution.--The term ``minority-
     serving institution'' has the meaning given the term 
     ``eligible institution'' in section 371(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(a)).
       (7) National laboratory.--The term ``National Laboratory'' 
     has the meaning given such term in section 2(3) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801(3)).
       (8) Native hawaiian community-based organization.--The term 
     ``Native Hawaiian community-based organization'' has the 
     meaning given the term in section 6207 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7517).
       (9) Program.--The term ``program'' means the program 
     established under subsection (b)(1).

[[Page H7670]]

       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (11) Territory or freely associated state.--The term 
     ``territory or freely associated state'' has the meaning 
     given the term ``insular area'' in section 1404 of the Food 
     and Agriculture Act of 1977 (7 U.S.C. 3103).
       (12) Tribal energy development organization.--The term 
     ``Tribal energy development organization'' has the meaning 
     given the term ``tribal energy development organization'' in 
     section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
     3501).
       (13) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).
       (b) Wind Energy Technology Program.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish a program to 
     conduct research, development, demonstration, and 
     commercialization of wind energy technologies in accordance 
     with this subsection.
       (B) Purposes.--The purposes of the program are the 
     following:
       (i) To improve the energy efficiency, cost effectiveness, 
     reliability, resilience, security, siting, integration, 
     manufacturability, installation, decommissioning, and 
     recyclability of wind energy technologies.
       (ii) To optimize the performance and operation of wind 
     energy components, turbines, and systems, including through 
     the development of new materials, hardware, and software.
       (iii) To optimize the design and adaptability of wind 
     energy technologies to the broadest practical range of 
     geographic, atmospheric, offshore, and other site conditions, 
     including--

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

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

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

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

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

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

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

       (v) Integration of wind energy technologies with--

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

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

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

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

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

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

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

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

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

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

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

       (ii) with regards to professional development, activities 
     that expand the number of individuals from underrepresented 
     groups pursuing and attaining skills relevant to wind energy.
       (D) Coordination.--To the maximum extent practicable, the 
     Secretary shall coordinate activities under the program with 
     other relevant programs and capabilities of the Department 
     and other Federal research programs.
       (E) Use of funds.--To the extent that funding is not 
     otherwise available through other Federal programs or power 
     purchase agreements, funding awarded for demonstration 
     projects may be used for additional nontechnology costs, as 
     determined to be appropriate by the Secretary, such as 
     engineering or feasibility studies.
       (F) Solicitation.--Not less than once every two years, the 
     Secretary shall conduct a national solicitation for 
     applications for demonstration projects under this section.
       (G) Report.--
       (i) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall submit to the 
     Committee on Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the potential for, and 
     technical viability of, airborne wind energy systems to 
     provide a significant source of energy in the United States.
       (ii) Contents.--The report under paragraph (1) shall 
     include a summary of research, development, demonstration, 
     and commercialization needs, including an estimate of Federal 
     funding requirements, to further examine and validate the 
     technical and economic viability of airborne wind energy 
     concepts over the 10-year period beginning on the date of the 
     enactment of this Act.
       (3) Wind technician training grant program.--The Secretary 
     may award grants, on a competitive basis, to eligible 
     entities to purchase large pieces of wind component 
     equipment, such as nacelles, towers, and blades, for use in 
     training wind technician students in onshore or offshore wind 
     applications.

[[Page H7671]]

       (4) Wind energy technology recycling research, development, 
     and demonstration program.--
       (A) In general.--In addition to the program activities 
     described in paragraph (2), in carrying out the program, the 
     Secretary shall award financial assistance to eligible 
     entities for research, development, and demonstration, and 
     commercialization projects to create innovative and practical 
     approaches to increase the reuse and recycling of wind energy 
     technologies, including--
       (i) by increasing the efficiency and cost effectiveness of 
     the recovery of raw materials from wind energy technology 
     components and systems, including enabling technologies such 
     as inverters;
       (ii) by minimizing potential environmental impacts from the 
     recovery and disposal processes;
       (iii) by advancing technologies and processes for the 
     disassembly and recycling of wind energy devices;
       (iv) by developing alternative materials, designs, 
     manufacturing processes, and other aspects of wind energy 
     technologies and the disassembly and resource recovery 
     process that enable efficient, cost effective, and 
     environmentally responsible disassembly of, and resource 
     recovery from, wind energy technologies; and
       (v) strategies to increase consumer acceptance of, and 
     participation in, the recycling of wind energy technologies.
       (B) Dissemination of results.--The Secretary shall make 
     available to the public and the relevant committees of 
     Congress the results of the projects carried out through 
     financial assistance awarded under subparagraph (A), 
     including--
       (i) development of best practices or training materials for 
     use in the wind energy technology manufacturing, design, 
     installation, decommissioning, or recycling industries;
       (ii) dissemination at industry conferences;
       (iii) coordination with information dissemination programs 
     relating to recycling of electronic devices in general;
       (iv) demonstration projects; and
       (v) educational materials.
       (C) Priority.--In carrying out the activities authorized 
     under this subsection, the Secretary shall give special 
     consideration to projects that recover critical materials.
       (D) Sensitive information.--In carrying out the activities 
     authorized under this subsection, the Secretary shall ensure 
     proper security controls are in place to protect proprietary 
     or sensitive information, as appropriate.
       (5) Wind energy technology materials physical property 
     database.--
       (A) In general.--Not later than September 1, 2022, the 
     Secretary shall establish a comprehensive physical property 
     database of materials for use in wind energy technologies, 
     which shall identify the type, quantity, country of origin, 
     source, significant uses, projected availability, and 
     physical properties of materials used in wind energy 
     technologies.
       (B) Coordination.--In establishing the database described 
     in subparagraph (A), the Secretary shall coordinate and, to 
     the extent practicable, avoid duplication with--
       (i) other Department activities, including those carried 
     out by the Office of Science;
       (ii) the Director of the National Institute of Standards 
     and Technology;
       (iii) the Administrator of the Environmental Protection 
     Agency;
       (iv) the Secretary of the Interior; and
       (v) relevant industry stakeholders, as determined by the 
     Secretary.
       (6) Wind energy program strategic vision.--
       (A) In general.--Not later than September 1, 2022, and 
     every 6 years thereafter, the Secretary shall submit to 
     Congress a report on the strategic vision, progress, goals, 
     and targets of the program, including assessments of wind 
     energy markets and manufacturing.
       (B) Preparation.--The Secretary shall coordinate the 
     preparation of the report under subparagraph (A) with--
       (i) existing peer review processes;
       (ii) studies conducted by the National Laboratories; and
       (iii) the multiyear program planning required under section 
     994 of the Energy Policy Act of 2005 (42 U.S.C. 16358).
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     $125,000,000 for each of fiscal years 2021 through 2025.

     SEC. 3004. SOLAR ENERGY RESEARCH AND DEVELOPMENT.

       (a) Definitions.--In this section:
       (1) Critical material.--The term ``critical material'' has 
     the meaning given the term in section 7002 of this Act.
       (2) Economically distressed area.--The term ``economically 
     distressed area'' means an area described in section 301(a) 
     of the Public Works and Economic Development Act of 1965 (42 
     U.S.C. 3161(a)).
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) an institution of higher education, including a 
     minority-serving institution;
       (B) a National Laboratory;
       (C) a Federal research agency;
       (D) a State research agency;
       (E) a research agency associated with a territory or freely 
     associated state;
       (F) a Tribal energy development organization;
       (G) an Indian Tribe;
       (H) a Tribal organization;
       (I) a Native Hawaiian community-based organization;
       (J) a nonprofit research organization;
       (K) an industrial entity;
       (L) any other entity, as determined by the Secretary; and
       (M) a consortium of 2 or more entities described in 
     subparagraphs (A) through (L).
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (5) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001).
       (6) Minority-serving institution.--The term ``minority-
     serving institution'' has the meaning given the term 
     ``eligible institution'' in section 371(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1067q(a)).
       (7) National laboratory.--The term ``National Laboratory'' 
     has the meaning given such term in section 2(3) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801(3)).
       (8) Native hawaiian community-based organization.--The term 
     ``Native Hawaiian community-based organization'' has the 
     meaning given the term in section 6207 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7517).
       (9) Photovoltaic device.--The term ``photovoltaic device'' 
     means--
       (A) a device that converts light directly into electricity 
     through a solid-state, semiconductor process;
       (B) the photovoltaic cells of a device described in 
     subparagraph (A); and
       (C) the electronic and electrical components of a device 
     described in subparagraph (A).
       (10) Program.--The term ``program'' means the program 
     established under subsection (b)(1)(A).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (12) Solar energy.--The term ``solar energy'' means--
       (A) thermal or electric energy derived from radiation from 
     the Sun; or
       (B) energy resulting from a chemical reaction caused by 
     radiation recently originated in the Sun.
       (13) Territory or freely associated state.--The term 
     ``territory or freely associated state'' has the meaning 
     given the term ``insular area'' in section 1404 of the Food 
     and Agriculture Act of 1977 (7 U.S.C. 3103).
       (14) Tribal energy development organization.--The term 
     ``Tribal energy development organization'' has the meaning 
     given the term ``tribal energy development organization'' in 
     section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 
     3501).
       (15) Tribal organization.--The term ``Tribal organization'' 
     has the meaning given the term in section 4 of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5304).
       (b) Solar Energy Technology Program.--
       (1) Establishment.--
       (A) In general.--The Secretary shall establish a program to 
     conduct research, development, demonstration, and 
     commercialization of solar energy technologies in accordance 
     with this subsection.
       (B) Purposes.--The purposes of the program are the 
     following:
       (i) To improve the energy efficiency, cost effectiveness, 
     reliability, resilience, security, siting, integration, 
     manufacturability, installation, decommissioning, and 
     recyclability of solar energy technologies.
       (ii) To optimize the performance and operation of solar 
     energy components, cells, and systems, and enabling 
     technologies, including through the development of new 
     materials, hardware, and software.
       (iii) To optimize the design and adaptability of solar 
     energy systems to the broadest practical range of geographic 
     and atmospheric conditions.
       (iv) To support the integration of solar energy 
     technologies with the electric grid and complementary energy 
     technologies.
       (v) To create and improve the conversion of solar energy to 
     other useful forms of energy or other products.
       (vi) To reduce the cost, risk, and other potential negative 
     impacts across the lifespan of solar energy technologies, 
     including manufacturing, siting, permitting, installation, 
     operations, maintenance, decommissioning, and recycling.
       (vii) To reduce and mitigate potential life cycle negative 
     impacts of solar energy technologies on human communities, 
     wildlife, and wildlife habitats.
       (viii) To address barriers to the commercialization and 
     export of solar energy technologies.
       (ix) To support the domestic solar industry, workforce, and 
     supply chain.
       (C) Targets.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish targets 
     for the program to address near-term (up to 2 years), mid-
     term (up to 7 years), and long-term (up to 15 years) 
     challenges to the advancement of all types of solar energy 
     systems.
       (2) Activities.--
       (A) Types of activities.--In carrying out the program, the 
     Secretary shall carry out research, development, 
     demonstration, and commercialization activities, including--
       (i) awarding grants and awards, on a competitive, merit-
     reviewed basis;
       (ii) performing precompetitive research and development;
       (iii) establishing or maintaining demonstration facilities 
     and projects, including through stewardship of existing 
     facilities;
       (iv) providing technical assistance;
       (v) entering into contracts and cooperative agreements;
       (vi) providing small business vouchers;
       (vii) establishing prize competitions;
       (viii) conducting education and outreach activities;
       (ix) conducting workforce development activities; and
       (x) conducting analyses, studies, and reports.
       (B) Subject areas.--The Secretary shall carry out research, 
     development, demonstration, and commercialization activities 
     in the following subject areas:

[[Page H7672]]

       (i) Advanced solar energy technologies of varying scale and 
     power production, including--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

       (ii) policy recommendations for enhancing solar energy 
     technology manufacturing in the United States;

[[Page H7673]]

       (iii) a 10-year target and plan to enhance the 
     competitiveness of solar energy technology manufacturing in 
     the United States; and
       (iv) any other research areas as determined by the 
     Secretary.
       (C) Preparation.--The Secretary shall coordinate the 
     preparation of the report under subparagraph (A) with--
       (i) existing peer review processes;
       (ii) studies conducted by the National Laboratories; and
       (iii) the multiyear program planning required under section 
     994 of the Energy Policy Act of 2005 (42 U.S.C. 16358).
       (7) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     $300,000,000 for each of fiscal years 2021 through 2025.

     SEC. 3005. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY 
                   IMPROVEMENTS.

       (a) Hydroelectric Production Incentives.--Section 242 of 
     the Energy Policy Act of 2005 (42 U.S.C. 15881) is amended--
       (1) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) Qualified hydroelectric facility.--The term 
     `qualified hydroelectric facility' means a turbine or other 
     generating device owned or solely operated by a non-Federal 
     entity--
       ``(A) that generates hydroelectric energy for sale; and
       ``(B)(i) that is added to an existing dam or conduit; or
       ``(ii)(I) that has a generating capacity of not more than 
     20 megawatts;
       ``(II) for which the non-Federal entity has received a 
     construction authorization from the Federal Energy Regulatory 
     Commission, if applicable; and
       ``(III) that is constructed in an area in which there is 
     inadequate electric service, as determined by the Secretary, 
     including by taking into consideration--
       ``(aa) access to the electric grid;
       ``(bb) the frequency of electric outages; or
       ``(cc) the affordability of electricity.'';
       (2) in subsection (c), by striking ``10'' and inserting 
     ``22'';
       (3) in subsection (e)(2), by striking ``section 
     29(d)(2)(B)'' and inserting ``section 45K(d)(2)(B)'';
       (4) in subsection (f), by striking ``20'' and inserting 
     ``32''; and
       (5) in subsection (g), by striking ``each of the fiscal 
     years 2006 through 2015'' and inserting ``each of fiscal 
     years 2021 through 2036''.
       (b) Hydroelectric Efficiency Improvement.--Section 243(c) 
     of the Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is 
     amended by striking ``each of the fiscal years 2006 through 
     2015'' and inserting ``each of fiscal years 2021 through 
     2036''.

     SEC. 3006. CONFORMING AMENDMENTS.

       (a) Renewable Energy and Energy Efficiency Technology 
     Competitiveness Act of 1989.--
       (1) National goals and multi-year funding.--Section 4 of 
     the Renewable Energy and Energy Efficiency Technology 
     Competitiveness Act of 1989 (42 U.S.C. 12003) is amended--
       (A) in the section heading, by striking ``WIND, 
     PHOTOVOLTAICS, AND SOLAR THERMAL'' and inserting ``ALCOHOL 
     FROM BIOMASS AND OTHER TECHNOLOGY'';
       (B) in subsection (a)--
       (i) in the matter preceding paragraph (1), by striking 
     ``wind, photovoltaics, and solar thermal energy'' and 
     inserting ``alcohol from biomass and other energy 
     technology'';
       (ii) by striking paragraphs (1) through (3);
       (iii) by redesignating paragraphs (4) and (5) as paragraphs 
     (1) and (2), respectively; and
       (iv) in paragraph (2) (as so redesignated), by striking 
     ``Ocean'' and inserting ``Marine''; and
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1)--

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

       (ii) in paragraph (1)--

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

       (iii) in paragraph (2)--

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

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

                Subtitle B--Natural Resources Provisions

     SEC. 3101. DEFINITIONS.

       In this subtitle:
       (1) Covered land.--The term ``covered land'' means land 
     that is--
       (A) Federal lands administered by the Secretary concerned; 
     and
       (B) not excluded from the development of geothermal, solar, 
     or wind energy under--
       (i) a land use plan; or
       (ii) other Federal law.
       (2) Federal land.--The term ``Federal land'' means--
       (A) public land as defined by section 103 of the Federal 
     Land Policy Management Act of 1976 (43 U.S.C. 1702); or
       (B) land of the National Forest System (as defined in 
     section 11(a) of the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1609(a))).
       (3) Land use plan.--The term ``land use plan'' means--
       (A) for public land, a land use plan established under the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.); and
       (B) for National Forest System land, a land management plan 
     approved, amended, or revised under section 6 of the Forest 
     and Rangeland Renewable Resources Planning Act of 1974 (16 
     U.S.C. 1604).
       (4) Eligible project.--The term ``eligible project'' means 
     a project carried out on covered land that uses wind, solar, 
     or geothermal energy to generate energy.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 3102. PROGRAM TO IMPROVE ELIGIBLE PROJECT PERMIT 
                   COORDINATION.

       (a) Establishment.--The Secretary shall establish a 
     national Renewable Energy Coordination Office and State, 
     district, or field offices, as appropriate, with 
     responsibility to establish and implement a program to 
     improve Federal permit coordination with respect to eligible 
     projects on covered land and such other activities as the 
     Secretary determines necessary. In carrying out the program, 
     the Secretary may temporarily assign qualified staff to 
     Renewable Energy Coordination Offices to expedite the 
     permitting of eligible projects.
       (b) Memorandum of Understanding.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall enter into a 
     memorandum of understanding for purposes of this section 
     with--
       (A) the Secretary of Agriculture;
       (B) the Administrator of the Environmental Protection 
     Agency; and
       (C) the Secretary of Defense.
       (2) State and tribal participation.--The Secretary may 
     request the Governor of any interested State or any Tribal 
     leader of any interested Indian Tribe (as defined in section 
     4 of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 5304)) to be a signatory to the memorandum of 
     understanding under paragraph (1).
       (c) Designation of Qualified Staff.--

[[Page H7674]]

       (1) In general.--Not later than 30 days after the date on 
     which the memorandum of understanding under subsection (b) is 
     executed, all Federal signatories, as appropriate, shall 
     identify for each of the Bureau of Land Management Renewable 
     Energy Coordination Offices one or more employees who have 
     expertise in the regulatory issues relating to the office in 
     which the employee is employed, including, as applicable, 
     particular expertise in--
       (A) consultation regarding, and preparation of, biological 
     opinions under section 7 of the Endangered Species Act of 
     1973 (16 U.S.C. 1536);
       (B) permits under section 404 of the Federal Water 
     Pollution Control Act (33 U.S.C. 1344);
       (C) regulatory matters under the Clean Air Act (42 U.S.C. 
     7401 et seq.);
       (D) the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1701 et seq.);
       (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (F) the preparation of analyses under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
       (G) implementation of the requirements of section 306108 of 
     title 54, United States Code (formerly known as section 106 
     of the National Historic Preservation Act);
       (H) planning under section 14 of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a);
       (I) developing geothermal resources under the Geothermal 
     Steam Act of 1970 (30 U.S.C. 1001 et seq.);
       (J) the Act of June 8, 1940 (16 U.S.C. 668 et seq., 
     popularly known as the Bald and Golden Eagle Protection Act); 
     and
       (K) section 100101(a), chapter 1003, and sections 
     100751(a), 100752, 100753 and 102101 of title 54, United 
     States Code (previously known as the National Park Service 
     Organic Act).
       (2) Duties.--Each employee assigned under paragraph (1) 
     shall--
       (A) be responsible for addressing all issues relating to 
     the jurisdiction of the home office or agency of the 
     employee; and
       (B) participate as part of the team of personnel working on 
     proposed energy projects, planning, monitoring, inspection, 
     enforcement, and environmental analyses.
       (d) Additional Personnel.--The Secretary may assign such 
     additional personnel for the Bureau of Land Management 
     Renewable Energy Coordination Offices as are necessary to 
     ensure the effective implementation of any programs 
     administered by the offices in accordance with the multiple 
     use mandate of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1701 et seq.).
       (e) Transfer of Funds.--To facilitate the coordination and 
     processing of eligible project permits on Federal land under 
     the Renewable Energy Coordination Offices, the Secretary may 
     authorize the expenditure or transfer of any funds that are 
     necessary to--
       (1) the United States Fish and Wildlife Service;
       (2) the Bureau of Indian Affairs;
       (3) the Forest Service;
       (4) the Corps of Engineers;
       (5) the National Park Service;
       (6) the Environmental Protection Agency; or
       (7) the Department of Defense.
       (f) Report to Congress.--
       (1) In general.--Not later than February 1 of the first 
     fiscal year beginning after the date of the enactment of this 
     Act, and each February 1 thereafter, the Secretary shall 
     submit to the Committee on Energy and Natural Resources and 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Natural Resources of the House of 
     Representatives a report describing the progress made under 
     the program established under subsection (a) during the 
     preceding year.
       (2) Inclusions.--Each report under this subsection shall 
     include--
       (A) projections for renewable energy production and 
     capacity installations; and
       (B) a description of any problems relating to leasing, 
     permitting, siting, or production.

     SEC. 3103. INCREASING ECONOMIC CERTAINTY.

       (a) Considerations.--The Secretary may consider acreage 
     rental rates, capacity fees, and other recurring annual fees 
     in total when evaluating existing rates paid for the use of 
     Federal land by eligible projects.
       (b) Reductions in Base Rental Rates.--The Secretary may 
     reduce acreage rental rates and capacity fees, or both, for 
     existing and new wind and solar authorizations if the 
     Secretary determines--
       (1) that the existing rates--
       (A) exceed fair market value;
       (B) impose economic hardships;
       (C) limit commercial interest in a competitive lease sale 
     or right-of-way grant; or
       (D) are not competitively priced compared to other 
     available land; or
       (2) that a reduced rental rate or capacity fee is necessary 
     to promote the greatest use of wind and solar energy 
     resources.

     SEC. 3104. NATIONAL GOAL FOR RENEWABLE ENERGY PRODUCTION ON 
                   FEDERAL LAND.

       (a) In General.--Not later than September 1, 2022, the 
     Secretary shall, in consultation with the Secretary of 
     Agriculture and other heads of relevant Federal agencies, 
     establish national goals for renewable energy production on 
     Federal land.
       (b) Minimum Production Goal.--The Secretary shall seek to 
     issue permits that, in total, authorize production of not 
     less than 25 gigawatts of electricity from wind, solar, and 
     geothermal energy projects by not later than 2025, through 
     management of public lands and administration of Federal 
     laws.

     SEC. 3105. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY 
                   ON OIL AND GAS LEASES.

       Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C. 
     1003(b)) is amended by adding at the end the following:
       ``(4) Land subject to oil and gas lease.--Land under an oil 
     and gas lease issued pursuant to the Mineral Leasing Act (30 
     U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired 
     Lands (30 U.S.C. 351 et seq.) that is subject to an approved 
     application for permit to drill and from which oil and gas 
     production is occurring may be available for noncompetitive 
     leasing under subsection (c) by the holder of the oil and gas 
     lease--
       ``(A) on a determination that geothermal energy will be 
     produced from a well producing or capable of producing oil 
     and gas; and
       ``(B) to provide for the coproduction of geothermal energy 
     with oil and gas.''.

     SEC. 3106. SAVINGS CLAUSE.

       Notwithstanding any other provision of this subtitle, the 
     Secretary of the Interior and the Secretary of Agriculture 
     shall continue to manage public lands under the principles of 
     multiple use and sustained yield in accordance with the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1701 et seq.) or the Forest and Rangeland Renewable Resources 
     Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively, 
     including for due consideration of mineral and nonrenewable 
     energy-related projects and other nonrenewable energy uses, 
     for the purposes of land use planning, permit processing, and 
     conducting environmental reviews.

                       Subtitle C--Energy Storage

     SEC. 3201. BETTER ENERGY STORAGE TECHNOLOGY.

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

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

       (ii) reductions of civil works costs and construction times 
     for hydropower and pumped storage systems, including 
     comprehensive data and systems analysis of hydropower and 
     pumped storage construction technologies and processes in 
     order to identify areas for whole-system efficiency gains;
       (H) models and tools to demonstrate the costs and benefits 
     of energy storage to--
       (i) power and water supply systems;
       (ii) electric generation portfolio optimization; and

[[Page H7675]]

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

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

       (iv) include expected timelines for--

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

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

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

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

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

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

[[Page H7676]]

       (C) Infrastructure.--In carrying out the Joint Program, the 
     Secretary and the Secretary of Defense shall--
       (i) use existing test-bed infrastructure at--

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

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

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

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

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

       (e) Critical Material Recycling and Reuse Research, 
     Development, and Demonstration Program.--The United States 
     Energy Storage Competitiveness Act of 2007 (42 U.S.C. 17231) 
     is amended by adding at the end the following:
       ``(q) Critical Material Recycling and Reuse Research, 
     Development, and Demonstration Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) Critical material.--The term `critical material' has 
     the meaning given the term in 7002 of the Energy Act of 2020.
       ``(B) Critical material recycling.--The term `critical 
     material recycling' means the separation and recovery of 
     critical materials embedded within an energy storage system 
     through physical or chemical means for the purpose of reuse 
     of those critical materials in other technologies.
       ``(2) Establishment.--Not later than 180 days after the 
     date of enactment of this subsection, the Secretary shall 
     establish a research, development, and demonstration program 
     for critical material recycling and reuse of energy storage 
     systems containing critical materials.
       ``(3) Research, development, and demonstration.--In 
     carrying out the program established under paragraph (1), the 
     Secretary shall conduct--
       ``(A) research, development, and demonstration activities 
     for--
       ``(i) technologies, process improvements, and design 
     optimizations that facilitate and promote critical material 
     recycling of energy storage systems, including separation and 
     sorting of component materials of such systems, and 
     extraction, recovery, and reuse of critical materials from 
     such systems;
       ``(ii) technologies and methods that mitigate emissions and 
     environmental impacts that arise from critical material 
     recycling, including disposal of toxic reagents and 
     byproducts related to critical material recycling processes;
       ``(iii) technologies to enable extraction, recovery, and 
     reuse of energy storage systems from electric vehicles and 
     critical material recycling from such vehicles; and
       ``(iv) technologies and methods to enable the safe 
     transport, storage, and disposal of energy storage systems 
     containing critical materials, including waste materials and 
     components recovered during the critical material recycling 
     process; and
       ``(B) research on nontechnical barriers to improve the 
     collection and critical material recycling of energy storage 
     systems, including strategies to improve consumer education 
     of, acceptance of, and participation in, the critical 
     material recycling of energy storage systems.
       ``(4) Report to congress.--Not later than 2 years after the 
     date of enactment of this subsection, and every 3 years 
     thereafter, the Secretary shall submit to the Committee on 
     Science, Space, and Technology and the Committee on Energy 
     and Commerce of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report summarizing the activities, findings, and progress of 
     the program.''.
       (f) Coordination.--To the maximum extent practicable, the 
     Secretary shall coordinate the activities under this section 
     (including activities conducted pursuant to the amendments 
     made by this section) among the offices and employees of the 
     Department, other Federal agencies, and other relevant 
     entities--
       (1) to ensure appropriate collaboration;
       (2) to avoid unnecessary duplication of those activities; 
     and
       (3) to increase domestic manufacturing and production of 
     energy storage systems, such as those within the Department 
     and within the National Institute of Standards and 
     Technology.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) to carry out subsection (b), $100,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended;
       (2) to carry out subsection (c), $71,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended; and
       (3) to carry out subsection (d), $30,000,000 for each of 
     fiscal years 2021 through 2025, to remain available until 
     expended.

     SEC. 3202. ENERGY STORAGE TECHNOLOGY AND MICROGRID ASSISTANCE 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible entity.--The term ``eligible entity'' means--
       (A) a rural electric cooperative;
       (B) an agency, authority, or instrumentality of a State or 
     political subdivision of a State that sells or otherwise uses 
     electrical energy to provide electric services for customers; 
     or
       (C) a nonprofit organization working with at least 6 
     entities described in subparagraph (A) or (B).
       (2) Energy storage technology.--The term ``energy storage 
     technology'' includes grid-enabled water heaters, building 
     heating or cooling systems, electric vehicles, the production 
     of hydrogen for transportation or industrial use, or other 
     technologies that store energy.
       (3) Microgrid.--The term ``microgrid'' means a localized 
     grid that operates autonomously regardless of whether the 
     grid can operate in connection with another grid.
       (4) Renewable energy source.--The term ``renewable energy 
     source'' has the meaning given the term in section 609(a) of 
     the Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 
     918c(a)).
       (5) Rural electric cooperative.--The term ``rural electric 
     cooperative'' means an electric cooperative (as defined in 
     section 3 of the Federal Power Act (16 U.S.C. 796)) that 
     sells electric energy to persons in rural areas.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary shall establish a 
     program under which the Secretary shall--
       (1) provide grants to eligible entities under subsection 
     (d);
       (2) provide technical assistance to eligible entities under 
     subsection (e); and
       (3) disseminate information to eligible entities on--
       (A) the activities described in subsections (d)(1) and (e); 
     and
       (B) potential and existing energy storage technology and 
     microgrid projects.
       (c) Cooperative Agreement.--The Secretary may enter into a 
     cooperative agreement with an eligible entity to carry out 
     subsection (b).
       (d) Grants.--
       (1) In general.--The Secretary may award grants to eligible 
     entities for identifying, evaluating, designing, and 
     demonstrating energy storage technology and microgrid 
     projects that utilize energy from renewable energy sources.
       (2) Application.--To be eligible to receive a grant under 
     paragraph (1), an eligible entity shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       (3) Use of grant.--An eligible entity that receives a grant 
     under paragraph (1)--
       (A) shall use the grant--
       (i) to conduct feasibility studies to assess the potential 
     for implementation or improvement of energy storage 
     technology or microgrid projects;
       (ii) to analyze and implement strategies to overcome 
     barriers to energy storage technology or microgrid project 
     implementation, including financial, contracting, siting, and 
     permitting barriers;
       (iii) to conduct detailed engineering of energy storage 
     technology or microgrid projects;
       (iv) to perform a cost-benefit analysis with respect to an 
     energy storage technology or microgrid project;
       (v) to plan for both the short- and long-term inclusion of 
     energy storage technology or microgrid projects into the 
     future development plans of the eligible entity; or
       (vi) to purchase and install necessary equipment, 
     materials, and supplies for demonstration of emerging 
     technologies; and
       (B) may use the grant to obtain technical assistance from 
     experts in carrying out the activities described in 
     subparagraph (A).
       (4) Condition.--As a condition of receiving a grant under 
     paragraph (1), an eligible entity shall--
       (A) implement a public awareness campaign, in coordination 
     with the Secretary, about the project implemented under the 
     grant in the community in which the eligible entity is 
     located, which campaign shall include providing projected 
     environmental benefits achieved under the project, where to 
     find more information about the program established under 
     this section, and any other information the Secretary 
     determines necessary;
       (B) submit to the Secretary, and make available to the 
     public, a report that describes--
       (i) any energy cost savings and environmental benefits 
     achieved under the project; and
       (ii) the results of the project, including quantitative 
     assessments to the extent practicable, associated with each 
     activity described in paragraph (3)(A); and
       (C) create and disseminate tools and resources that will 
     benefit other rural electric cooperatives, which may include 
     cost calculators, guidebooks, handbooks, templates, and 
     training courses.
       (5) Cost-share.--Activities under this subsection shall be 
     subject to the cost-sharing requirements of section 988 of 
     the Energy Policy Act of 2005 (42 U.S.C. 16352).
       (e) Technical Assistance.--
       (1) In general.--In carrying out the program established 
     under subsection (b), the Secretary may provide eligible 
     entities with technical assistance relating to--
       (A) identifying opportunities for energy storage technology 
     and microgrid projects;
       (B) understanding the technical and economic 
     characteristics of energy storage technology or microgrid 
     projects;
       (C) understanding financing alternatives;
       (D) permitting and siting issues;
       (E) obtaining case studies of similar and successful energy 
     storage technology or microgrid projects;
       (F) reviewing and obtaining computer software for 
     assessment, design, and operation and maintenance of energy 
     storage technology or microgrid systems; and

[[Page H7677]]

       (G) understanding and utilizing the reliability and 
     resiliency benefits of energy storage technology and 
     microgrid projects.
       (2) External contracts.--In carrying out paragraph (1), the 
     Secretary may enter into contracts with third-party experts, 
     including engineering, finance, and insurance experts, to 
     provide technical assistance to eligible entities relating to 
     the activities described in such paragraph, or other relevant 
     activities, as determined by the Secretary.
       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this section $15,000,000 for each of fiscal years 
     2021 through 2025.
       (2) Administrative costs.--Not more than 5 percent of the 
     amount appropriated under paragraph (1) for each fiscal year 
     shall be used for administrative expenses.

                      TITLE IV--CARBON MANAGEMENT

     SEC. 4001. FOSSIL ENERGY.

       Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16291(a)) is amended--
       (1) by redesignating paragraphs (1) through (7) as 
     subparagraphs (A) through (G), respectively, and indenting 
     appropriately;
       (2) in subparagraph (F) (as so redesignated), by inserting 
     ``, including technology development to reduce emissions of 
     carbon dioxide and associated emissions of heavy metals 
     within coal combustion residues and gas streams resulting 
     from fossil fuel use and production'' before the period at 
     the end;
       (3) by striking subparagraph (G) (as so redesignated) and 
     inserting the following:
       ``(G) Increasing the export of fossil energy-related 
     equipment, technology, including emissions control 
     technologies, and services from the United States.
       ``(H) Decreasing the cost of emissions control technologies 
     for fossil energy production, generation, and delivery.
       ``(I) Significantly lowering greenhouse gas emissions for 
     all fossil fuel production, generation, delivery, and 
     utilization technologies.
       ``(J) Developing carbon removal and utilization 
     technologies, products, and methods that result in net 
     reductions in greenhouse gas emissions, including direct air 
     capture and storage, and carbon use and reuse for commercial 
     application.
       ``(K) Improving the conversion, use, and storage of carbon 
     oxides produced from fossil fuels.
       ``(L) Reducing water use, improving water reuse, and 
     minimizing surface and subsurface environmental impact in the 
     development of unconventional domestic oil and natural gas 
     resources.'';
       (4) by striking the subsection designation and all that 
     follows through ``The Secretary'' in the first sentence of 
     the matter preceding subparagraph (A) (as so redesignated) 
     and inserting the following:
       ``(a) Establishment.--
       ``(1) In general.--The Secretary'';
       (5) in paragraph (1) (as so designated), in the second 
     sentence of the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``Such programs'' and inserting 
     the following:
       ``(2) Objectives.--The programs described in paragraph (1) 
     shall''; and
       (6) by adding at the end the following:
       ``(3) Priority.--In carrying out the objectives described 
     in subparagraphs (F) through (K) of paragraph (2), the 
     Secretary shall prioritize activities and strategies that 
     have the potential to significantly reduce emissions for each 
     technology relevant to the applicable objective and the 
     international commitments of the United States.''.

     SEC. 4002. ESTABLISHMENT OF CARBON CAPTURE TECHNOLOGY 
                   PROGRAM.

       (a) In General.--The Energy Policy Act of 2005 is amended 
     by striking section 962 (42 U.S.C. 16292) and inserting the 
     following:

     ``SEC. 962. CARBON CAPTURE TECHNOLOGY PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Large-scale pilot project.--The term `large-scale 
     pilot project' means a pilot project that--
       ``(A) represents the scale of technology development beyond 
     laboratory development and bench scale testing, but not yet 
     advanced to the point of being tested under real operational 
     conditions at commercial scale;
       ``(B) represents the scale of technology necessary to gain 
     the operational data needed to understand the technical and 
     performance risks of the technology before the application of 
     that technology at commercial scale or in commercial-scale 
     demonstration; and
       ``(C) is large enough--
       ``(i) to validate scaling factors; and
       ``(ii) to demonstrate the interaction between major 
     components so that control philosophies for a new process can 
     be developed and enable the technology to advance from large-
     scale pilot project application to commercial-scale 
     demonstration or application.
       ``(2) Natural gas.--The term `natural gas' means any fuel 
     consisting in whole or in part of--
       ``(A) natural gas;
       ``(B) liquid petroleum gas;
       ``(C) synthetic gas derived from petroleum or natural gas 
     liquids;
       ``(D) any mixture of natural gas and synthetic gas; or
       ``(E) biomethane.
       ``(3) Natural gas electric generation facility.--
       ``(A) In general.--The term `natural gas electric 
     generation facility' means a facility that generates electric 
     energy using natural gas as the fuel.
       ``(B) Inclusions.--The term `natural gas electric 
     generation facility' includes without limitation a new or 
     existing--
       ``(i) simple cycle plant;
       ``(ii) combined cycle plant;
       ``(iii) combined heat and power plant; or
       ``(iv) steam methane reformer that produces hydrogen from 
     natural gas for use in the production of electric energy.
       ``(4) Program.--The term `program' means the program 
     established under subsection (b)(1).
       ``(5) Transformational technology.--
       ``(A) In general.--The term `transformational technology' 
     means a technology that represents a significant change in 
     the methods used to convert energy that will enable a step 
     change in performance, efficiency, cost of electricity, and 
     reduction of emissions as compared to the technology in 
     existence on the date of enactment of the Energy Act of 2020.
       ``(B) Inclusions.--The term `transformational technology' 
     includes a broad range of potential technology improvements, 
     including--
       ``(i) thermodynamic improvements in energy conversion and 
     heat transfer, including--

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

       ``(ii) improvements in steam or carbon dioxide turbine 
     technology;
       ``(iii) improvements in carbon capture, utilization, and 
     storage systems technology;
       ``(iv) improvements in small-scale and modular coal-fired 
     technologies with reduced carbon output or carbon capture 
     that can support incremental power generation capacity 
     additions;
       ``(v) fuel cell technologies for low-cost, high-efficiency 
     modular power systems;
       ``(vi) advanced gasification systems;
       ``(vii) thermal cycling technologies; and
       ``(viii) any other technology the Secretary recognizes as 
     transformational technology.
       ``(b) Carbon Capture Technology Program.--
       ``(1) In general.--The Secretary shall establish a carbon 
     capture technology program for the development of 
     transformational technologies that will significantly improve 
     the efficiency, effectiveness, costs, emissions reductions, 
     and environmental performance of coal and natural gas use, 
     including in manufacturing and industrial facilities.
       ``(2) Requirements.--The program shall include--
       ``(A) a research and development program;
       ``(B) large-scale pilot projects;
       ``(C) demonstration projects, in accordance with paragraph 
     (4); and
       ``(D) a front-end engineering and design program.
       ``(3) Program goals and objectives.--In consultation with 
     the interested entities described in paragraph (6)(C), the 
     Secretary shall develop goals and objectives for the program 
     to be applied to the transformational technologies developed 
     within the program, taking into consideration the following:
       ``(A) Increasing the performance of coal electric 
     generation facilities and natural gas electric generation 
     facilities, including by--
       ``(i) ensuring reliable, low-cost power from new and 
     existing coal electric generation facilities and natural gas 
     electric generation facilities;
       ``(ii) achieving high conversion efficiencies;
       ``(iii) addressing emissions of carbon dioxide and other 
     air pollutants;
       ``(iv) developing small-scale and modular technologies to 
     support incremental capacity additions and load following 
     generation, in addition to large-scale generation 
     technologies;
       ``(v) supporting dispatchable operations for new and 
     existing applications of coal and natural gas generation; and
       ``(vi) accelerating the development of technologies that 
     have transformational energy conversion characteristics.
       ``(B) Using carbon capture, utilization, and sequestration 
     technologies to decrease the carbon dioxide emissions, and 
     the environmental impact from carbon dioxide emissions, from 
     new and existing coal electric generation facilities and 
     natural gas electric generation facilities, including by--
       ``(i) accelerating the development, deployment, and 
     commercialization of technologies to capture and sequester 
     carbon dioxide emissions from new and existing coal electric 
     generation facilities and natural gas electric generation 
     facilities;
       ``(ii) supporting sites for safe geological storage of 
     large volumes of anthropogenic sources of carbon dioxide and 
     the development of the infrastructure needed to support a 
     carbon dioxide utilization and storage industry;
       ``(iii) improving the conversion, utilization, and storage 
     of carbon dioxide produced from fossil fuels and other 
     anthropogenic sources of carbon dioxide;
       ``(iv) lowering greenhouse gas emissions for all fossil 
     fuel production, generation, delivery, and use, to the 
     maximum extent practicable;
       ``(v) developing carbon utilization technologies, products, 
     and methods, including carbon use and reuse for commercial 
     application;
       ``(vi) developing net-negative carbon dioxide emissions 
     technologies; and
       ``(vii) developing technologies for the capture of carbon 
     dioxide produced during the production of hydrogen from 
     natural gas.
       ``(C) Decreasing the non-carbon dioxide relevant 
     environmental impacts of coal and natural gas production, 
     including by--
       ``(i) further reducing non-carbon dioxide air emissions; 
     and
       ``(ii) reducing the use, and managing the discharge, of 
     water in power plant operations.
       ``(D) Accelerating the development of technologies to 
     significantly decrease emissions from manufacturing and 
     industrial facilities, including--
       ``(i) nontraditional fuel manufacturing facilities, 
     including ethanol or other biofuel production plants or 
     hydrogen production plants; and
       ``(ii) energy-intensive manufacturing facilities that 
     produce carbon dioxide as a byproduct of operations.

[[Page H7678]]

       ``(E) Entering into cooperative agreements to carry out and 
     expedite demonstration projects (including pilot projects) to 
     demonstrate the technical and commercial viability of 
     technologies to reduce carbon dioxide emissions released from 
     coal electric generation facilities and natural gas electric 
     generation facilities for commercial deployment.
       ``(F) Identifying any barriers to the commercial deployment 
     of any technologies under development for the capture of 
     carbon dioxide produced by coal electric generation 
     facilities and natural gas electric generation facilities.
       ``(4) Demonstration projects.--
       ``(A) In general.--In carrying out the program, the 
     Secretary shall establish a demonstration program under which 
     the Secretary, through a competitive, merit-reviewed process, 
     shall enter into cooperative agreements by not later than 
     September 30, 2025, for demonstration projects to demonstrate 
     the construction and operation of 6 facilities to capture 
     carbon dioxide from coal electric generation facilities, 
     natural gas electric generation facilities, and industrial 
     facilities.
       ``(B) Technical assistance.--The Secretary, to the maximum 
     extent practicable, shall provide technical assistance to any 
     eligible entity seeking to enter into a cooperative agreement 
     described in subparagraph (A) for the purpose of obtaining 
     any necessary permits and licenses to demonstrate qualifying 
     technologies.
       ``(C) Eligible entities.--The Secretary may enter into 
     cooperative agreements under subparagraph (A) with industry 
     stakeholders, including any industry stakeholder operating in 
     partnership with the National Laboratories, institutions of 
     higher education, multiinstitutional collaborations, and 
     other appropriate entities.
       ``(D) Commercial-scale demonstration projects.--
       ``(i) In general.--In carrying out the program, the 
     Secretary shall establish a carbon capture technology 
     commercialization program to demonstrate substantial 
     improvements in the efficiency, effectiveness, cost, and 
     environmental performance of carbon capture technologies for 
     power, industrial, and other commercial applications.
       ``(ii) Requirement.--The program established under clause 
     (i) shall include funding for commercial-scale carbon capture 
     technology demonstrations of projects supported by the 
     Department, including projects in addition to the projects 
     described in subparagraph (A), including funding for not more 
     than 2 projects to demonstrate substantial improvements in a 
     particular technology type beyond the first of a kind 
     demonstration and to account for considerations described in 
     subparagraph (G).
       ``(E) Requirement.--Of the demonstration projects carried 
     out under subparagraph (A)--
       ``(i) 2 shall be designed to capture carbon dioxide from a 
     natural gas electric generation facility;
       ``(ii) 2 shall be designed to capture carbon dioxide from a 
     coal electric generation facility; and
       ``(iii) 2 shall be designed to capture carbon dioxide from 
     an industrial facility not purposed for electric generation.
       ``(F) Goals.--Each demonstration project under the 
     demonstration program under subparagraph (A)--
       ``(i) shall be designed to further the development, 
     deployment, and commercialization of technologies to capture 
     and sequester carbon dioxide emissions from new and existing 
     coal electric generation facilities, natural gas electric 
     generation facilities, and industrial facilities;
       ``(ii) shall be financed in part by the private sector; and
       ``(iii) if necessary, shall secure agreements for the 
     offtake of carbon dioxide emissions captured by qualifying 
     technologies during the project.
       ``(G) Applications.--
       ``(i) In general.--To be eligible to enter into an 
     agreement with the Secretary for a demonstration project 
     under subparagraphs (A) and (D), an entity shall submit to 
     the Secretary an application at such time, in such manner, 
     and containing such information as the Secretary may require.
       ``(ii) Review of applications.--In reviewing applications 
     submitted under clause (i), the Secretary, to the maximum 
     extent practicable, shall--

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

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

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

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

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

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

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

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

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

       ``(aa) an estimate of the cost of licensing, permitting, 
     constructing, and operating each carbon capture facility 
     expected to be constructed under the demonstration program 
     established under subparagraph (A);
       ``(bb) a schedule for the planned construction and 
     operation of each demonstration or pilot project under the 
     demonstration program; and
       ``(cc) an estimate of any financial assistance, 
     compensation, or incentives proposed to be paid by the host 
     State, Indian Tribe, or local government with respect to each 
     facility described in item (aa).
       ``(5) Intraagency coordination for carbon capture, 
     utilization, and sequestration activities.--The carbon 
     capture, utilization, and sequestration activities described 
     in paragraph (3)(B) shall be carried out by the Assistant 
     Secretary for Fossil Energy, in coordination with the heads 
     of other relevant offices of the Department and the National 
     Laboratories.
       ``(6) Consultations required.--In carrying out the program, 
     the Secretary shall--
       ``(A) undertake international collaborations, taking into 
     consideration the recommendations of the National Coal 
     Council and the National Petroleum Council;
       ``(B) use existing authorities to encourage international 
     cooperation; and
       ``(C) consult with interested entities, including--
       ``(i) coal and natural gas producers;
       ``(ii) industries that use coal and natural gas;
       ``(iii) organizations that promote coal, advanced coal, and 
     natural gas technologies;
       ``(iv) environmental organizations;
       ``(v) organizations representing workers; and
       ``(vi) organizations representing consumers.
       ``(c) Report.--
       ``(1) In general.--Not later than 18 months after the date 
     of enactment of the Energy Act of 2020, the Secretary shall 
     submit to Congress a report describing the program goals and 
     objectives adopted under subsection (b)(3).
       ``(2) Update.--Not less frequently than once every 2 years 
     after the initial report is submitted under paragraph (1), 
     the Secretary shall submit to Congress a report describing 
     the progress made towards achieving the program goals and 
     objectives adopted under subsection (b)(3).
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section, to remain available until expended--
       ``(A) for activities under the research and development 
     program component described in subsection (b)(2)(A)--
       ``(i) $230,000,000 for each of fiscal years 2021 and 2022; 
     and
       ``(ii) $150,000,000 for each of fiscal years 2023 through 
     2025;
       ``(B) subject to paragraph (2), for activities under the 
     large-scale pilot projects program component described in 
     subsection (b)(2)(B)--
       ``(i) $225,000,000 for each of fiscal years 2021 and 2022;
       ``(ii) $200,000,000 for each of fiscal years 2023 and 2024; 
     and
       ``(iii) $150,000,000 for fiscal year 2025;
       ``(C) for activities under the demonstration projects 
     program component described in subsection (b)(2)(C)--
       ``(i) $500,000,000 for each of fiscal years 2021 though 
     2024; and
       ``(ii) $600,000,000 for fiscal year 2025; and
       ``(D) for activities under the front-end engineering and 
     design program described in subsection (b)(2)(D), $50,000,000 
     for each of fiscal years 2021 through 2024.
       ``(2) Cost sharing for large-scale pilot projects.--
     Activities under subsection (b)(2)(B) shall be subject to the 
     cost-sharing requirements of section 988(b).
       ``(e) Carbon Capture Test Centers.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of the Energy Act of 2020, the Secretary shall 
     award grants to 1 or more entities for the operation of 1 or 
     more test centers (referred to in this subsection as a 
     `Center') to provide distinct testing capabilities for 
     innovative carbon capture technologies.

[[Page H7679]]

       ``(2) Purpose.--Each Center shall--
       ``(A) advance research, development, demonstration, and 
     commercial application of carbon capture technologies;
       ``(B) support large-scale pilot projects and demonstration 
     projects and test carbon capture technologies; and
       ``(C) develop front-end engineering design and economic 
     analysis.
       ``(3) Selection.--
       ``(A) In general.--The Secretary shall select entities to 
     receive grants under this subsection according to such 
     criteria as the Secretary may develop.
       ``(B) Competitive basis.--The Secretary shall select 
     entities to receive grants under this subsection on a 
     competitive basis.
       ``(C) Priority criteria.--In selecting entities to receive 
     grants under this subsection, the Secretary shall prioritize 
     consideration of applicants that--
       ``(i) have access to existing or planned research 
     facilities for carbon capture technologies;
       ``(ii) are institutions of higher education with 
     established expertise in engineering for carbon capture 
     technologies, or partnerships with such institutions of 
     higher education; or
       ``(iii) have access to existing research and test 
     facilities for bulk materials design and testing, component 
     design and testing, or professional engineering design.
       ``(D) Existing centers.--In selecting entities to receive 
     grants under this subsection, the Secretary shall prioritize 
     carbon capture test centers in existence on the date of 
     enactment of the Energy Act of 2020.
       ``(4) Formula for awarding grants.--The Secretary may 
     develop a formula for awarding grants under this subsection.
       ``(5) Schedule.--
       ``(A) In general.--Each grant awarded under this subsection 
     shall be for a term of not more than 5 years, subject to the 
     availability of appropriations.
       ``(B) Renewal.--The Secretary may renew a grant for 1 or 
     more additional 5-year terms, subject to a competitive merit 
     review and the availability of appropriations.
       ``(6) Termination.--To the extent otherwise authorized by 
     law, the Secretary may eliminate, and terminate grant funding 
     under this subsection for, a Center during any 5-year term 
     described in paragraph (5) if the Secretary determines that 
     the Center is underperforming.
       ``(7) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $25,000,000 
     for each of fiscal years 2021 through 2025.''.
       (b) Technical Amendment.--The table of contents for the 
     Energy Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) 
     is amended by striking the item relating to section 962 and 
     inserting the following:

``Sec. 962. Carbon capture technology program.''.

     SEC. 4003. CARBON STORAGE VALIDATION AND TESTING.

       (a) In General.--Section 963 of the Energy Policy Act of 
     2005 (42 U.S.C. 16293) is amended--
       (1) by striking subsection (d) and inserting the following:
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section--
       ``(1) $200,000,000 for fiscal year 2021;
       ``(2) $200,000,000 for fiscal year 2022;
       ``(3) $150,000,000 for fiscal year 2023;
       ``(4) $150,000,000 for fiscal year 2024; and
       ``(5) $100,000,000 for fiscal year 2025.'';
       (2) in subsection (c)--
       (A) by striking paragraphs (5) and (6) and inserting the 
     following:
       ``(f) Cost Sharing.--Activities carried out under this 
     section shall be subject to the cost-sharing requirements of 
     section 988.''; and
       (B) by redesignating paragraph (4) as subsection (e) and 
     indenting appropriately;
       (3) in subsection (e) (as so redesignated)--
       (A) by redesignating subparagraphs (A) and (B) as 
     paragraphs (1) and (2), respectively, and indenting 
     appropriately; and
       (B) by striking ``subsection'' each place it appears and 
     inserting ``section''; and
       (4) by striking the section designation and heading and all 
     that follows through the end of subsection (c)(3) and 
     inserting the following:

     ``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.

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

``Sec. 963. Carbon storage validation and testing.''.
       (c) Conforming Amendments.--
       (1) Section 703(a)(3) of the Department of Energy Carbon 
     Capture and Sequestration Research, Development, and 
     Demonstration Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, 
     in the first sentence of the matter preceding subparagraph 
     (A), by--
       (A) striking ``section 963(c)(3)'' and inserting ``section 
     963(c)''; and
       (B) striking ``16293(c)(3)'' and inserting ``16293(c)''.
       (2) Section 704 of the Department of Energy Carbon Capture 
     and Sequestration Research, Development, and Demonstration 
     Act of 2007 (42

[[Page H7680]]

     U.S.C. 17252) is amended, in the first sentence, by--
       (A) striking ``section 963(c)(3)'' and inserting ``section 
     963(c)''; and
       (B) striking ``16293(c)(3)'' and inserting ``16293(c)''.

     SEC. 4004. CARBON UTILIZATION PROGRAM.

       (a) Carbon Utilization Program.--
       (1) In general.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 969A. CARBON UTILIZATION PROGRAM.

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

``Sec. 969A. Carbon utilization program.''.
       (b) Study.--
       (1) In general.--The Secretary of Energy (in this section 
     referred to as the ``Secretary'') shall enter into an 
     agreement with the National Academies of Sciences, 
     Engineering, and Medicine under which the National Academies 
     of Sciences, Engineering, and Medicine shall conduct a study 
     to assess any barriers and opportunities relating to 
     commercializing carbon, coal-derived carbon, and carbon 
     dioxide in the United States.
       (2) Requirements.--The study under paragraph (1) shall--
       (A) analyze challenges to commercializing carbon dioxide, 
     including--
       (i) expanding carbon dioxide pipeline capacity;
       (ii) mitigating environmental impacts;
       (iii) access to capital;
       (iv) geographic barriers; and
       (v) regional economic challenges and opportunities;
       (B) identify potential markets, industries, or sectors that 
     may benefit from greater access to commercial carbon dioxide;
       (C) determine the feasibility of, and opportunities for, 
     the commercialization of coal-derived carbon products, 
     including for--
       (i) commercial purposes;
       (ii) industrial purposes;
       (iii) defense and military purposes;
       (iv) agricultural purposes, including soil amendments and 
     fertilizers;
       (v) medical and pharmaceutical applications;
       (vi) construction and building applications;
       (vii) energy applications; and
       (viii) production of critical minerals;
       (D) assess--
       (i) the state of infrastructure as of the date of the 
     study; and
       (ii) any necessary updates to infrastructure to allow for 
     the integration of safe and reliable carbon dioxide 
     transportation, use, and storage;
       (E) describe the economic, climate, and environmental 
     impacts of any well-integrated national carbon dioxide 
     pipeline system, including suggestions for policies that 
     could--
       (i) improve the economic impact of the system; and
       (ii) mitigate impacts of the system;
       (F) assess the global status and progress of chemical and 
     biological carbon utilization technologies in practice as of 
     the date of the study that utilize anthropogenic carbon, 
     including carbon dioxide, carbon monoxide, methane, and 
     biogas, from power generation, biofuels production, and other 
     industrial processes;
       (G) identify emerging technologies and approaches for 
     carbon utilization that show promise for scale-up, 
     demonstration, deployment, and commercialization;
       (H) analyze the factors associated with making carbon 
     utilization technologies viable at a commercial scale, 
     including carbon waste stream availability, economics, market 
     capacity, energy, and lifecycle requirements;
       (I)(i) assess the major technical challenges associated 
     with increasing the commercial viability of carbon reuse 
     technologies; and
       (ii) identify the research and development questions that 
     will address the challenges described in clause (i);
       (J)(i) assess research efforts being carried out as of the 
     date of the study, including basic, applied, engineering, and 
     computational research efforts, that are addressing the 
     challenges described in subparagraph (I)(i); and
       (ii) identify gaps in the research efforts under clause 
     (i);
       (K) develop a comprehensive research agenda that addresses 
     long- and short-term research needs and opportunities for 
     technologies that may be important to minimizing net 
     greenhouse gas emissions from the use of coal and natural 
     gas; and
       (L)(i) identify appropriate Federal agencies with 
     capabilities to support small business entities; and
       (ii) determine what assistance the Federal agencies 
     identified under clause (i) could provide to small business 
     entities to further the development and commercial deployment 
     of carbon dioxide-based products.
       (3) Deadline.--Not later than 180 days after the date of 
     enactment of this Act, the National Academies of Sciences, 
     Engineering, and Medicine shall submit to the Secretary a 
     report describing the results of the study under paragraph 
     (1).

     SEC. 4005. HIGH EFFICIENCY TURBINES.

       (a) In General.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 969B. HIGH EFFICIENCY TURBINES.

       ``(a) In General.--The Secretary, acting through the 
     Assistant Secretary for Fossil Energy (referred to in this 
     section as the `Secretary'), shall establish a multiyear, 
     multiphase program (referred to in this section as the 
     `program') of research, development, and technology 
     demonstration to improve the efficiency of gas turbines used 
     in power generation systems and aviation.
       ``(b) Program Elements.--The program shall--
       ``(1) support first-of-a-kind engineering and detailed gas 
     turbine design for small-scale and utility-scale electric 
     power generation, including--
       ``(A) high temperature materials, including superalloys, 
     coatings, and ceramics;
       ``(B) improved heat transfer capability;
       ``(C) manufacturing technology required to construct 
     complex 3-dimensional geometry parts with improved 
     aerodynamic capability;
       ``(D) combustion technology to produce higher firing 
     temperature while lowering nitrogen oxide and carbon monoxide 
     emissions per unit of output;
       ``(E) advanced controls and systems integration;
       ``(F) advanced high performance compressor technology; and
       ``(G) validation facilities for the testing of components 
     and subsystems;
       ``(2) include technology demonstration through component 
     testing, subscale testing, and full-scale testing in existing 
     fleets;
       ``(3) include field demonstrations of the developed 
     technology elements to demonstrate technical and economic 
     feasibility;
       ``(4) assess overall combined cycle and simple cycle system 
     performance;
       ``(5) increase fuel flexibility by enabling gas turbines to 
     operate with high proportions of, or pure, hydrogen or other 
     renewable gas fuels;

[[Page H7681]]

       ``(6) enhance foundational knowledge needed for low-
     emission combustion systems that can work in high-pressure, 
     high-temperature environments required for high-efficiency 
     cycles;
       ``(7) increase operational flexibility by reducing turbine 
     start-up times and improving the ability to accommodate 
     flexible power demand; and
       ``(8) include any other elements necessary to achieve the 
     goals described in subsection (c), as determined by the 
     Secretary, in consultation with private industry.
       ``(c) Program Goals.--
       ``(1) In general.--The goals of the program shall be--
       ``(A) in phase I, to develop a conceptual design of, and to 
     develop and demonstrate the technology required for--
       ``(i) advanced high efficiency gas turbines to achieve, on 
     a lower heating value basis--

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

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

``Sec. 969B. High efficiency gas turbines.''.

     SEC. 4006. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.

       (a) In General.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 969C. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.

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

``Sec. 969C. National energy technology laboratory reforms.''.

     SEC. 4007. STUDY ON BLUE HYDROGEN TECHNOLOGY.

       (a) Study.--The Secretary of Energy shall conduct a study 
     to examine opportunities for research and development in 
     integrating blue hydrogen technology in the industrial power 
     sector and how that could enhance the deployment and adoption 
     of carbon capture and storage.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Science, Space, and Technology of 
     the House of Representatives a report that describes the 
     results of the study under subsection (a).

     SEC. 4008. PRODUCED WATER RESEARCH AND DEVELOPMENT.

       (a) Establishment.--As soon as possible after the date of 
     enactment of this Act, the Secretary of Energy (in this 
     section referred to as the ``Secretary'') shall establish a 
     research and development program on produced water to 
     develop--
       (1) new technologies and practices to reduce the 
     environmental impact; and
       (2) opportunities for reprocessing of produced water at 
     natural gas or oil development sites.
       (b) Prioritization.--In carrying out the program 
     established under subsection (a), the Secretary shall give 
     priority to projects that develop and bring to market--
       (1) effective systems for on-site management or repurposing 
     of produced water; and
       (2) new technologies or approaches to reduce the 
     environmental impact of produced water on local water sources 
     and the environment.
       (c) Conduct of Program.--In carrying out the program 
     established under subsection (a), the Secretary shall carry 
     out science-based research and development activities to 
     pursue--
       (1) improved efficiency, technologies, and techniques for 
     produced water recycling stations; and
       (2) alternative approaches to treating, reusing, storing, 
     or decontaminating produced water.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $10,000,000 for 
     each of fiscal years 2021 through 2025.

                        TITLE V--CARBON REMOVAL

     SEC. 5001. CARBON REMOVAL.

       (a) In General.--Subtitle F of title IX of the Energy 
     Policy Act of 2005 (42 U.S.C. 16291 et seq.) is further 
     amended by adding at the end the following:

     ``SEC. 969D. CARBON REMOVAL.

       ``(a) Establishment.--The Secretary, in coordination with 
     the heads of appropriate Federal agencies, including the 
     Secretary of Agriculture, shall establish a research, 
     development, and demonstration program (referred to in this 
     section as the `program') to test, validate, or improve 
     technologies and strategies to remove carbon dioxide from the 
     atmosphere on a large scale.

[[Page H7682]]

       ``(b) Intraagency Coordination.--The Secretary shall ensure 
     that the program includes the coordinated participation of 
     the Office of Fossil Energy, the Office of Science, and the 
     Office of Energy Efficiency and Renewable Energy.
       ``(c) Program Activities.--The program may include 
     research, development, and demonstration activities relating 
     to--
       ``(1) direct air capture and storage technologies;
       ``(2) bioenergy with carbon capture and sequestration;
       ``(3) enhanced geological weathering;
       ``(4) agricultural practices;
       ``(5) forest management and afforestation; and
       ``(6) planned or managed carbon sinks, including natural 
     and artificial.
       ``(d) Requirements.--In developing and identifying carbon 
     removal technologies and strategies under the program, the 
     Secretary shall consider--
       ``(1) land use changes, including impacts on natural and 
     managed ecosystems;
       ``(2) ocean acidification;
       ``(3) net greenhouse gas emissions;
       ``(4) commercial viability;
       ``(5) potential for near-term impact;
       ``(6) potential for carbon reductions on a gigaton scale; 
     and
       ``(7) economic cobenefits.
       ``(e) Air Capture Prize Competitions.--
       ``(1) Definitions.--In this subsection:
       ``(A) Dilute media.--The term `dilute media' means media in 
     which the concentration of carbon dioxide is less than 1 
     percent by volume.
       ``(B) Prize competition.--The term `prize competition' 
     means the competitive technology prize competition 
     established under paragraph (2).
       ``(C) Qualified carbon dioxide.--
       ``(i) In general.--The term `qualified carbon dioxide' 
     means any carbon dioxide that--

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

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

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

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

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

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

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

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

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

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

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

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

``Sec. 969D. Carbon removal.''.

     SEC. 5002. CARBON DIOXIDE REMOVAL TASK FORCE AND REPORT.

       (a) Definition of Carbon Dioxide Removal.--In this section, 
     the term ``carbon dioxide removal'' means the capture of 
     carbon dioxide directly from ambient air or, in dissolved 
     form, from seawater, combined with the sequestration of that 
     carbon dioxide, including through--
       (1) direct air capture and sequestration;
       (2) enhanced carbon mineralization;
       (3) bioenergy with carbon capture and sequestration;
       (4) forest restoration;
       (5) soil carbon management; and

[[Page H7683]]

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

          TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

     SEC. 6001. PURPOSE.

       The purpose of this title and the amendments made by this 
     title is to encourage the development and evaluation of 
     innovative technologies aimed at increasing--
       (1) the technological and economic competitiveness of 
     industry and manufacturing in the United States; and
       (2) the emissions reduction of nonpower industrial sectors.

     SEC. 6002. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY 
                   EFFICIENT TECHNOLOGIES FOR INDUSTRY.

       Section 6(a) of the American Energy Manufacturing Technical 
     Corrections Act (42 U.S.C. 6351(a)) is amended--
       (1) by striking ``Industrial Technologies Program'' each 
     place it appears and inserting ``Advanced Manufacturing 
     Office''; and
       (2) in the matter preceding paragraph (1), by striking 
     ``Office of Energy'' and all that follows through ``Office of 
     Science'' and inserting ``Department of Energy''.

     SEC. 6003. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY 
                   DEVELOPMENT PROGRAM.

       (a) In General.--Subtitle D of title IV of the Energy 
     Independence and Security Act of 2007 is amended by adding at 
     the end the following:

     ``SEC. 454. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY 
                   DEVELOPMENT PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Director.--The term `Director' means the Director of 
     the Office of Science and Technology Policy.
       ``(2) Eligible entity.--The term `eligible entity' means--
       ``(A) a scientist or other individual with knowledge and 
     expertise in emissions reduction;
       ``(B) an institution of higher education;
       ``(C) a nongovernmental organization;
       ``(D) a National Laboratory;
       ``(E) a private entity; and
       ``(F) a partnership or consortium of 2 or more entities 
     described in subparagraphs (B) through (E).
       ``(3) Emissions reduction.--
       ``(A) In general.--The term `emissions reduction' means the 
     reduction, to the maximum extent practicable, of net nonwater 
     greenhouse gas emissions to the atmosphere by energy services 
     and industrial processes.
       ``(B) Exclusion.--The term `emissions reduction' does not 
     include the elimination of carbon embodied in the principal 
     products of industrial manufacturing.
       ``(4) Program.--The term `program' means the program 
     established under subsection (b)(1).
       ``(5) Critical material or mineral.--The term `critical 
     material or mineral' means a material or mineral that serves 
     an essential function in the manufacturing of a product and 
     has a high risk of a supply disruption, such that a shortage 
     of such a material or mineral would have significant 
     consequences for United States economic or national security.
       ``(b) Industrial Emissions Reduction Technology Development 
     Program.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Energy Act of 2020, the Secretary, in 
     consultation with the Director, the heads of relevant Federal 
     agencies, National Laboratories, industry, and institutions 
     of higher education, shall establish a crosscutting 
     industrial emissions reduction technology development program 
     of research, development, demonstration, and commercial 
     application to advance innovative technologies that--
       ``(A) increase the technological and economic 
     competitiveness of industry and manufacturing in the United 
     States;
       ``(B) increase the viability and competitiveness of United 
     States industrial technology exports; and
       ``(C) achieve emissions reduction in nonpower industrial 
     sectors.
       ``(2) Coordination.--In carrying out the program, the 
     Secretary shall--
       ``(A) coordinate with each relevant office in the 
     Department and any other Federal agency;
       ``(B) coordinate and collaborate with the Industrial 
     Technology Innovation Advisory Committee established under 
     section 456; and
       ``(C) coordinate and seek to avoid duplication with the 
     energy-intensive industries program established under section 
     452.
       ``(3) Leverage of existing resources.--In carrying out the 
     program, the Secretary shall leverage, to the maximum extent 
     practicable--
       ``(A) existing resources and programs of the Department and 
     other relevant Federal agencies; and
       ``(B) public-private partnerships.
       ``(c) Focus Areas.--The program shall focus on--
       ``(1) industrial production processes, including 
     technologies and processes that--
       ``(A) achieve emissions reduction in high emissions 
     industrial materials production processes, including 
     production processes for iron, steel, steel mill products, 
     aluminum, cement, concrete, glass, pulp, paper, and 
     industrial ceramics;
       ``(B) achieve emissions reduction in medium- and high-
     temperature heat generation, including--
       ``(i) through electrification of heating processes;
       ``(ii) through renewable heat generation technology;
       ``(iii) through combined heat and power; and
       ``(iv) by switching to alternative fuels, including 
     hydrogen and nuclear energy;
       ``(C) achieve emissions reduction in chemical production 
     processes, including by incorporating, if appropriate and 
     practicable, principles, practices, and methodologies of 
     sustainable chemistry and engineering;
       ``(D) leverage smart manufacturing technologies and 
     principles, digital manufacturing technologies, and advanced 
     data analytics to develop advanced technologies and practices 
     in information, automation, monitoring, computation, sensing, 
     modeling, and networking to--
       ``(i) model and simulate manufacturing production lines;
       ``(ii) monitor and communicate production line status;
       ``(iii) manage and optimize energy productivity and cost 
     throughout production; and
       ``(iv) model, simulate, and optimize the energy efficiency 
     of manufacturing processes;
       ``(E) leverage the principles of sustainable manufacturing 
     to minimize the potential negative environmental impacts of 
     manufacturing while conserving energy and resources, 
     including--
       ``(i) by designing products that enable reuse, 
     refurbishment, remanufacturing, and recycling;
       ``(ii) by minimizing waste from industrial processes, 
     including through the reuse of waste as other resources in 
     other industrial processes for mutual benefit; and
       ``(iii) by increasing resource efficiency; and
       ``(F) increase the energy efficiency of industrial 
     processes;
       ``(2) alternative materials that produce fewer emissions 
     during production and result in fewer emissions during use, 
     including--
       ``(A) high-performance lightweight materials; and
       ``(B) substitutions for critical materials and minerals;
       ``(3) development of net-zero emissions liquid and gaseous 
     fuels;

[[Page H7684]]

       ``(4) emissions reduction in shipping, aviation, and long 
     distance transportation;
       ``(5) carbon capture technologies for industrial processes;
       ``(6) other technologies that achieve net-zero emissions in 
     nonpower industrial sectors, as determined by the Secretary, 
     in consultation with the Director; and
       ``(7) high-performance computing to develop advanced 
     materials and manufacturing processes contributing to the 
     focus areas described in paragraphs (1) through (6), 
     including--
       ``(A) modeling, simulation, and optimization of the design 
     of energy efficient and sustainable products; and
       ``(B) the use of digital prototyping and additive 
     manufacturing to enhance product design.
       ``(8) incorporation of sustainable chemistry and 
     engineering principles, practices, and methodologies, as the 
     Secretary determines appropriate; and
       ``(9) other research or technology areas identified in the 
     Strategic Plan authorized in section 455.
       ``(d) Grants, Contracts, Cooperative Agreements, and 
     Demonstration Projects.--
       ``(1) Grants.--In carrying out the program, the Secretary 
     shall award grants on a competitive basis to eligible 
     entities for projects that the Secretary determines would 
     best achieve the goals of the program.
       ``(2) Contracts and cooperative agreements.--In carrying 
     out the program, the Secretary may enter into contracts and 
     cooperative agreements with eligible entities and Federal 
     agencies for projects that the Secretary determines would 
     further the purposes of the program.
       ``(3) Demonstration projects.--In supporting technologies 
     developed under this section, the Secretary shall fund 
     demonstration projects that test and validate technologies 
     described in subsection (c).
       ``(4) Application.--An entity seeking funding or a contract 
     or agreement under this subsection shall submit to the 
     Secretary an application at such time, in such manner, and 
     containing such information as the Secretary may require.
       ``(5) Cost sharing.--In awarding funds under this section, 
     the Secretary shall require cost sharing in accordance with 
     section 988 of the Energy Policy Act of 2005 (42 U.S.C. 
     16352).
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the demonstration projects authorized in subsection (d)(3)--
       ``(1) $20,000,000 for fiscal year 2021;
       ``(2) $80,000,000 for fiscal year 2022;
       ``(3) $100,000,000 for fiscal year 2023;
       ``(4) $150,000,000 for fiscal year 2024; and
       ``(5) $150,000,000 for fiscal year 2025.
       ``(f) Coordination.--The Secretary shall carry out the 
     activities authorized in this section in accordance with 
     section 203 of the Department of Energy Research and 
     Innovation Act (42 U.S.C. 18631).''.
       (b) Technical Amendment.--The table of contents of the 
     Energy Independence and Security Act of 2007 (Public Law 110-
     140; 121 Stat. 1494) is amended by inserting after the item 
     relating to section 453 the following:

``Sec. 454. Industrial emissions reduction technology development 
              program.''.

     SEC. 6004. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY 
                   COMMITTEE.

       (a) In General.--Subtitle D of title IV of the Energy 
     Independence and Security Act of 2007, as amended by section 
     6003, is amended by adding at the end the following:

     ``SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY 
                   COMMITTEE.

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

``Sec. 455. Industrial Technology Innovation Advisory Committee.''.

[[Page H7685]]

  


     SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT 
                   INDUSTRIAL EMISSIONS REDUCTION.

       (a) In General.--Subtitle D of title IV of the Energy 
     Independence and Security Act of 2007, as amended by section 
     6004, is amended by adding at the end the following:

     ``SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT 
                   INDUSTRIAL EMISSIONS REDUCTION.

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

``Sec. 456. Technical assistance program to implement industrial 
              emissions reduction.''.

     SEC. 6006. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.

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

                      TITLE VII--CRITICAL MINERALS

     SEC. 7001. RARE EARTH ELEMENTS.

       (a) Research Program.--
       (1) In general.--The Secretary of Energy, acting through 
     the Assistant Secretary for Fossil Energy (referred to in 
     this section as the ``Secretary''), shall conduct a program 
     of research and development--
       (A) to develop and assess advanced separation technologies 
     for the extraction and recovery of rare earth elements and 
     other critical materials from coal and coal byproducts; and
       (B) to determine if there are, and mitigate, any potential 
     environmental or public health impacts that could arise from 
     the recovery of rare earth elements from coal-based 
     resources.
       (2) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out the program 
     described in paragraph (1)--
       (A) $23,000,000 for each of fiscal years 2021 and 2022;
       (B) $24,200,000 for fiscal year 2023;
       (C) $25,400,000 for fiscal year 2024;
       (D) $26,600,000 for fiscal year 2025; and
       (E) $27,800,000 for fiscal year 2026.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committees on Science, Space, and Technology and Energy 
     and Commerce of the House of Representatives a report 
     evaluating the development of advanced separation 
     technologies for the extraction and recovery of rare earth 
     elements and other critical materials from coal and coal 
     byproducts, including acid mine drainage from coal mines.
       (c) Critical Material.--In this section, the term 
     ``critical material'' has the meaning given the term in 
     section 7002 of this Act.

     SEC. 7002. MINERAL SECURITY.

       (a) Definitions.--In this section:
       (1) Byproduct.--The term ``byproduct'' means a critical 
     mineral--
       (A) the recovery of which depends on the production of a 
     host mineral that is not designated as a critical mineral; 
     and
       (B) that exists in sufficient quantities to be recovered 
     during processing or refining.
       (2) Critical material.--The term ``critical material'' 
     means--
       (A) any non-fuel mineral, element, substance, or material 
     that the Secretary of Energy determines--
       (i) has a high risk of a supply chain disruption; and
       (ii) serves an essential function in 1 or more energy 
     technologies, including technologies that produce, transmit, 
     store, and conserve energy; or
       (B) a critical mineral.
       (3) Critical mineral.--
       (A) In general.--The term ``critical mineral'' means any 
     mineral, element, substance, or material designated as 
     critical by the Secretary under subsection (c).
       (B) Exclusions.--The term ``critical mineral'' does not 
     include--
       (i) fuel minerals;
       (ii) water, ice, or snow;
       (iii) common varieties of sand, gravel, stone, pumice, 
     cinders, and clay.
       (4) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico;
       (D) Guam;
       (E) American Samoa;
       (F) the Commonwealth of the Northern Mariana Islands; and
       (G) the United States Virgin Islands.
       (7) Institution of higher education.--The term 
     ``institution of higher education'' means--
       (A) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))); or
       (B) a postsecondary vocational institution (as defined in 
     section 102(c) of the Higher Education Act of 1965 (20 U.S.C. 
     1002(c))).
       (b) Policy.--
       (1) In general.--Section 3 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1602) is amended--

[[Page H7686]]

       (A) by striking paragraph (3) and inserting the following:
       ``(3) establish an analytical and forecasting capability 
     for identifying critical mineral demand, supply, and other 
     factors to allow informed actions to be taken to avoid supply 
     shortages, mitigate price volatility, and prepare for demand 
     growth and other market shifts;'';
       (B) in paragraph (6), by striking ``and'' after the 
     semicolon at the end; and
       (C) by striking paragraph (7) and inserting the following:
       ``(7) facilitate the availability, development, and 
     environmentally responsible production of domestic resources 
     to meet national material or critical mineral needs;
       ``(8) avoid duplication of effort, prevent unnecessary 
     paperwork, and minimize delays in the administration of 
     applicable laws (including regulations) and the issuance of 
     permits and authorizations necessary to explore for, develop, 
     and produce critical minerals and to construct critical 
     mineral manufacturing facilities in accordance with 
     applicable environmental and land management laws;
       ``(9) strengthen--
       ``(A) educational and research capabilities at not lower 
     than the secondary school level; and
       ``(B) workforce training for exploration and development of 
     critical minerals and critical mineral manufacturing;
       ``(10) bolster international cooperation through technology 
     transfer, information sharing, and other means;
       ``(11) promote the efficient production, use, and recycling 
     of critical minerals;
       ``(12) develop alternatives to critical minerals; and
       ``(13) establish contingencies for the production of, or 
     access to, critical minerals for which viable sources do not 
     exist within the United States.''.
       (2) Conforming amendment.--Section 2(b) of the National 
     Materials and Minerals Policy, Research and Development Act 
     of 1980 (30 U.S.C. 1601(b)) is amended by striking ``(b) As 
     used in this Act, the term'' and inserting the following:
       ``(b) Definitions.--In this Act:
       ``(1) Critical mineral.--The term `critical mineral' means 
     any mineral, element, substance, or material designated as 
     critical by the Secretary under section 7002(c) of the Energy 
     Act of 2020.
       ``(2) Materials.--The term''.
       (c) Critical Mineral Designations.--
       (1) Draft methodology and list.--The Secretary, acting 
     through the Director of the United States Geological Survey 
     (referred to in this subsection as the ``Secretary''), shall 
     publish in the Federal Register for public comment--
       (A) a description of the draft methodology used to identify 
     a draft list of critical minerals;
       (B) a draft list of minerals, elements, substances, and 
     materials that qualify as critical minerals; and
       (C) a draft list of critical minerals recovered as 
     byproducts and their host minerals.
       (2) Availability of data.--If available data is 
     insufficient to provide a quantitative basis for the 
     methodology developed under this subsection, qualitative 
     evidence may be used to the extent necessary.
       (3) Final methodology and list.--After reviewing public 
     comments on the draft methodology and the draft lists 
     published under paragraph (1) and updating the methodology 
     and lists as appropriate, not later than 45 days after the 
     date on which the public comment period with respect to the 
     draft methodology and draft lists closes, the Secretary shall 
     publish in the Federal Register--
       (A) a description of the final methodology for determining 
     which minerals, elements, substances, and materials qualify 
     as critical minerals;
       (B) the final list of critical minerals; and
       (C) the final list of critical minerals recovered as 
     byproducts and their host minerals.
       (4) Designations.--
       (A) In general.--For purposes of carrying out this 
     subsection, the Secretary shall maintain a list of minerals, 
     elements, substances, and materials designated as critical, 
     pursuant to the final methodology published under paragraph 
     (3), that the Secretary determines--
       (i) are essential to the economic or national security of 
     the United States;
       (ii) the supply chain of which is vulnerable to disruption 
     (including restrictions associated with foreign political 
     risk, abrupt demand growth, military conflict, violent 
     unrest, anti-competitive or protectionist behaviors, and 
     other risks throughout the supply chain); and
       (iii) serve an essential function in the manufacturing of a 
     product (including energy technology-, defense-, currency-, 
     agriculture-, consumer electronics-, and health care-related 
     applications), the absence of which would have significant 
     consequences for the economic or national security of the 
     United States.
       (B) Inclusions.--Notwithstanding the criteria under 
     paragraph (3), the Secretary may designate and include on the 
     list any mineral, element, substance, or material determined 
     by another Federal agency to be strategic and critical to the 
     defense or national security of the United States.
       (C) Required consultation.--The Secretary shall consult 
     with the Secretaries of Defense, Commerce, Agriculture, and 
     Energy and the United States Trade Representative in 
     designating minerals, elements, substances, and materials as 
     critical under this paragraph.
       (5) Subsequent review.--
       (A) In general.--The Secretary, in consultation with the 
     Secretaries of Defense, Commerce, Agriculture, and Energy and 
     the United States Trade Representative, shall review the 
     methodology and list under paragraph (3) and the designations 
     under paragraph (4) at least every 3 years, or more 
     frequently as the Secretary considers to be appropriate.
       (B) Revisions.--Subject to paragraph (4)(A), the Secretary 
     may--
       (i) revise the methodology described in this subsection;
       (ii) determine that minerals, elements, substances, and 
     materials previously determined to be critical minerals are 
     no longer critical minerals; and
       (iii) designate additional minerals, elements, substances, 
     or materials as critical minerals.
       (6) Notice.--On finalization of the methodology and the 
     list under paragraph (3), or any revision to the methodology 
     or list under paragraph (5), the Secretary shall submit to 
     Congress written notice of the action.
       (d) Resource Assessment.--
       (1) In general.--Not later than 4 years after the date of 
     enactment of this Act, in consultation with applicable State 
     (including geological surveys), local, academic, industry, 
     and other entities, the Secretary (acting through the 
     Director of the United States Geological Survey) or a 
     designee of the Secretary, shall complete a comprehensive 
     national assessment of each critical mineral that--
       (A) identifies and quantifies known critical mineral 
     resources, using all available public and private information 
     and datasets, including exploration histories; and
       (B) provides a quantitative and qualitative assessment of 
     undiscovered critical mineral resources throughout the United 
     States, including probability estimates of tonnage and grade, 
     using all available public and private information and 
     datasets, including exploration histories.
       (2) Supplementary information.--In carrying out this 
     subsection, the Secretary may carry out surveys and field 
     work (including drilling, remote sensing, geophysical 
     surveys, topographical and geological mapping, and 
     geochemical sampling and analysis) to supplement existing 
     information and datasets available for determining the 
     existence of critical minerals in the United States.
       (3) Public access.--Subject to applicable law, to the 
     maximum extent practicable, the Secretary shall make all data 
     and metadata collected from the comprehensive national 
     assessment carried out under paragraph (1) publically and 
     electronically accessible.
       (4) Technical assistance.--At the request of the Governor 
     of a State or the head of an Indian Tribe, the Secretary may 
     provide technical assistance to State governments and Indian 
     Tribes conducting critical mineral resource assessments on 
     non-Federal land.
       (5) Prioritization.--
       (A) In general.--The Secretary may sequence the completion 
     of resource assessments for each critical mineral such that 
     critical minerals considered to be most critical under the 
     methodology established under subsection (c) are completed 
     first.
       (B) Reporting.--During the period beginning not later than 
     1 year after the date of enactment of this Act and ending on 
     the date of completion of all of the assessments required 
     under this subsection, the Secretary shall submit to Congress 
     on an annual basis an interim report that--
       (i) identifies the sequence and schedule for completion of 
     the assessments if the Secretary sequences the assessments; 
     or
       (ii) describes the progress of the assessments if the 
     Secretary does not sequence the assessments.
       (6) Updates.--The Secretary may periodically update the 
     assessments conducted under this subsection based on--
       (A) the generation of new information or datasets by the 
     Federal Government; or
       (B) the receipt of new information or datasets from 
     critical mineral producers, State geological surveys, 
     academic institutions, trade associations, or other persons.
       (7) Additional surveys.--The Secretary shall complete a 
     resource assessment for each additional mineral or element 
     subsequently designated as a critical mineral under 
     subsection (c)(5)(B) not later than 2 years after the 
     designation of the mineral or element.
       (8) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the status of geological surveying of 
     Federal land for any mineral commodity--
       (A) for which the United States was dependent on a foreign 
     country for more than 25 percent of the United States supply, 
     as depicted in the report issued by the United States 
     Geological Survey entitled ``Mineral Commodity Summaries 
     2021''; but
       (B) that is not designated as a critical mineral under 
     subsection (c).
       (e) Report of Small Business Administration.--Not later 
     than 1 year and 300 days after the date of enactment of this 
     Act, the Administrator of the Small Business Administration 
     shall submit to the applicable committees of Congress a 
     report that assesses the performance of Federal agencies with 
     respect to--
       (1) complying with chapter 6 of title 5, United States Code 
     (commonly known as the ``Regulatory Flexibility Act''), in 
     promulgating regulations applicable to the critical minerals 
     industry; and
       (2) performing an analysis of the efficiency of regulations 
     applicable to the critical minerals industry, including those 
     that are disproportionately burdensome to small businesses.
       (f) Federal Register Process.--
       (1) Departmental review.--Absent any extraordinary 
     circumstance, and except as otherwise required by law, the 
     Secretary and the Secretary of Agriculture shall ensure that 
     each Federal Register notice described in paragraph (2) shall 
     be--
       (A) subject to any required reviews within the Department 
     of the Interior or the Department of Agriculture; and
       (B) published in final form in the Federal Register not 
     later than 45 days after the date of initial preparation of 
     the notice.

[[Page H7687]]

       (2) Preparation.--The preparation of Federal Register 
     notices required by law associated with the issuance of a 
     critical mineral exploration or mine permit shall be 
     delegated to the organizational level within the agency 
     responsible for issuing the critical mineral exploration or 
     mine permit.
       (3) Transmission.--All Federal Register notices regarding 
     official document availability, announcements of meetings, or 
     notices of intent to undertake an action shall be originated 
     in, and transmitted to the Federal Register from, the office 
     in which, as applicable--
       (A) the documents or meetings are held; or
       (B) the activity is initiated.
       (4) Application of certain provisions.--
       (A) In general.--Subsection (f) shall also apply to--
       (i) an exploration project in which the presence of a 
     byproduct is reasonably expected, based on known mineral 
     companionality, geologic formation, mineralogy, or other 
     factors; and
       (ii) a project that demonstrates that a byproduct is of 
     sufficient grade that, when combined with the production of a 
     host mineral, the byproduct is economic to recover, as 
     determined by the applicable Secretary in accordance with 
     subparagraph (B), and that the byproduct will be recovered in 
     commercial quantities.
       (B) Requirement.--In making the determination under 
     subparagraph (A)(ii), the applicable Secretary shall consider 
     the cost effectiveness of the byproducts recovery.
       (g) Recycling, Innovation, Efficiency, and Alternatives.--
       (1) Establishment.--The Secretary of Energy (referred to in 
     this subsection as the ``Secretary'') shall conduct a program 
     (referred to in this subsection as the ``program'') of 
     research, development, demonstration, and commercialization--
       (A) to develop alternatives to critical materials that do 
     not occur in significant abundance in the United States;
       (B) to promote the efficient production, use, and recycling 
     of critical materials, with special consideration for 
     domestic critical materials, throughout the supply chain;
       (C) to ensure the long-term, secure, and sustainable supply 
     of critical materials; and
       (D) to prioritize work in areas that the private sector by 
     itself is not likely to undertake due to financial or 
     technical limitations.
       (2) Cooperation.--In carrying out the program, the 
     Secretary shall cooperate with appropriate--
       (A) Federal agencies, including the Department of the 
     Interior;
       (B) the National Laboratories;
       (C) critical material producers, processors, and 
     manufacturers;
       (D) trade associations;
       (E) academic institutions (including students and 
     postdoctoral staff at institutions of higher education);
       (F) small businesses;
       (G) nongovernmental organizations; and
       (H) other relevant entities or individuals.
       (3) Energy innovation hub.--In carrying out the program, 
     the Secretary may use an Energy Innovation Hub authorized 
     under section 206 of the Department of Energy Research 
     Coordination Act (42 U.S.C. 18632).
       (4) Activities.--Under the program, the Secretary shall 
     carry out activities that include the identification and 
     development of--
       (A) alternative materials, particularly materials available 
     in abundance within the United States and not subject to 
     potential supply restrictions, that lessen the need for 
     critical materials;
       (B) alternative energy technologies or alternative designs 
     of existing energy technologies, particularly technologies or 
     designs that use materials that--
       (i) occur in abundance in the United States; and
       (ii) are not subject to potential supply restrictions;
       (C) technologies or process improvements that minimize the 
     use and content, or lead to more efficient use, of critical 
     materials across the full supply chain;
       (D) innovative technologies and practices to diversify 
     commercially viable and sustainable domestic sources of 
     critical materials, including technologies for recovery from 
     waste streams;
       (E) technologies, process improvements, or design 
     optimizations that facilitate the recycling of critical 
     materials, and options for improving the rates of collection 
     of products and scrap containing critical materials from 
     post-consumer, industrial, or other waste streams;
       (F) advanced critical material extraction, production, 
     separation, alloying, or processing technologies that 
     decrease the energy consumption, environmental impact, and 
     costs of those activities, including--
       (i) efficient water and wastewater management strategies;
       (ii) technologies and management strategies to control the 
     environmental impacts of radionuclides in ore tailings;
       (iii) technologies for separation and processing; and
       (iv) technologies for increasing the recovery rates of 
     coproducts and byproducts from host metal ores;
       (G) commercial markets, advanced storage methods, energy 
     applications, and other beneficial uses of critical 
     materials; and
       (H) advanced theoretical, computational, and experimental 
     tools necessary to support the crosscutting research and 
     development needs of diverse critical minerals stakeholders.
       (5) Plan.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a plan to carry out the program.
       (B) Inclusions.--The plan under subparagraph (A) shall 
     include a description of--
       (i) the research and development activities to be carried 
     out under the program during the subsequent 2 years;
       (ii) the expected contributions under the program to the 
     creation of innovative methods and technologies for the 
     efficient and sustainable provision of critical materials to 
     the domestic economy;
       (iii) the expected activities under the program to mitigate 
     the environmental and health impacts of the extraction, 
     processing, manufacturing, use, recovery, and recycling of 
     critical materials; and
       (iv) how the program will promote the broadest possible 
     participation by academic, industrial, and other contributors 
     and the public.
       (6) Coordination and nonduplication.--To the maximum extent 
     practicable, the Secretary shall ensure that the activities 
     carried out under this subsection are coordinated with, and 
     do not duplicate the efforts of, other programs within the 
     Federal Government, including the work underway by the 
     Critical Materials Institute and the National Minerals 
     Information Center.
       (7) Standard of review.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall conduct a 
     review of activities carried out under the program to 
     determine the achievement of the technical milestones 
     identified under paragraph (8)(D)(i)(I).
       (8) Critical materials consortium.--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall establish and 
     operate a Critical Materials Consortium (referred to in this 
     paragraph as the ``Consortium'') for the purpose of 
     supporting the program by providing, to the maximum extent 
     practicable, a centralized entity for multidisciplinary, 
     collaborative, critical materials research and development.
       (B) Leadership.--If an Energy Innovation Hub authorized 
     under section 206 of the Department of Energy Research 
     Coordination Act (42 U.S.C. 18632) that is focused on 
     critical materials exists on the date of enactment of this 
     Act, the Secretary shall leverage the personnel and expertise 
     of the Energy Innovation Hub to manage the Consortium for not 
     less than 3 years following the date on which the Consortium 
     is established.
       (C) Membership.--The members of the Consortium shall be 
     representatives from relevant Federal agencies, the National 
     Laboratories, the National Minerals Information Center, 
     institutions of higher education, private sector entities, 
     multiinstitutional collaborations, and other appropriate 
     entities.
       (D) Responsibilities.--The Consortium shall--
       (i) develop and implement a multiyear plan that--

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

       (ii) submit an annual report to the Secretary summarizing 
     the activities of the Consortium, including an evaluation of 
     the role of the Consortium in the achievement of the 
     technical milestones identified under clause (i)(I).
       (E) Sunset; termination.--
       (i) In general.--The Secretary may provide support to the 
     Consortium for a period of not more than 10 years, subject to 
     the availability of appropriations.
       (ii) Merit review.--Not later than 5 years after the date 
     on which the Consortium is established, the Secretary shall 
     conduct a rigorous merit review to determine whether the 
     Consortium helped the program achieve the technical 
     milestones identified under subparagraph (D)(i)(I).
       (iii) Termination.--If the Secretary determines that the 
     Consortium has not helped the program achieve the technical 
     milestones identified under subparagraph (D)(i)(I), the 
     Secretary may terminate any financial or technical support 
     that the Department provides to the Consortium.
       (9) Reports.--Not later than 2 years after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to Congress a report summarizing the activities, 
     findings, and progress of the program.
       (10) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this 
     subsection--
       (A) $125,000,000 for fiscal year 2021;
       (B) $105,000,000 for fiscal year 2022;
       (C) $100,000,000 for fiscal year 2023;
       (D) $135,000,000 for fiscal year 2024; and
       (E) $135,000,000 for fiscal year 2025.
       (h) Critical Materials Supply Chain Research Facility.--
       (1) In general.--The Secretary of Energy (referred to in 
     this subsection as the ``Secretary'') shall support 
     construction of a Critical Materials Supply Chain Research 
     Facility (referred to in this subsection as the 
     ``facility'').
       (2) Requirements.--The facility--
       (A) shall be used to further enable research, development, 
     demonstration, and commercialization activities throughout 
     the supply chain for critical materials; and
       (B) shall provide an integrated, rapidly reconfigurable 
     research platform.
       (3) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary to fund the design and 
     construction of the facility, to remain available until 
     expended--
       (A) $10,000,000 for fiscal year 2021;
       (B) $30,000,000 for fiscal year 2022; and
       (C) $35,000,000 for fiscal year 2023.
       (i) Critical Materials Research Database and Information 
     Portal.--
       (1) In general.--In carrying out the program established 
     under subsection (g)(1), the Secretary and the Secretary of 
     Energy (referred to

[[Page H7688]]

     in this subsection as the ``Secretaries''), in consultation 
     with the Director of the National Science Foundation, shall 
     establish and operate a Critical Materials Information Portal 
     (referred to in this subsection as the ``Portal'') to 
     collect, catalogue, disseminate, and archive information on 
     critical materials.
       (2) Cooperation.--In carrying out paragraph (1), the 
     Secretaries shall leverage the expertise of the National 
     Minerals Information Center, the Office of Scientific and 
     Technical Information, and the Critical Materials Consortium 
     established under subsection (g)(8)(A).
       (3) Purpose.--The purpose of the Portal is to support the 
     development of a web-based platform to provide public access 
     to a database of computed information on known and predicted 
     critical materials and related material properties and 
     computational tools in order--
       (A) to accelerate breakthroughs in critical materials 
     identification and design;
       (B) to strengthen the foundation for technologies that will 
     enable more sustainable recycling, substitution, use, and 
     recovery and minimize the environmental impacts of methods 
     for extraction, processing, and manufacturing of critical 
     materials; and
       (C) to drive the development of advanced materials for 
     applications that span the missions of the Department of 
     Energy and the Department of the Interior (referred to in 
     this subsection as the ``Departments'') in energy, 
     environment, and national security.
       (4) Activities.--In carrying out this subsection, the 
     Secretaries shall--
       (A) conduct cooperative research with industry, academia, 
     and other research institutions to facilitate the design of 
     novel materials, including critical materials and substitutes 
     for critical materials;
       (B) leverage existing high-performance computing systems to 
     conduct high throughput calculations and develop computing 
     and data mining algorithms for the prediction of material 
     properties, including a focus on critical materials;
       (C) leverage and support research in mineralogy and mineral 
     chemistry to enhance the understanding, prediction, and 
     manipulation of critical materials;
       (D) assist scientists and engineers in making the fullest 
     possible use of the relevant data holdings of the 
     Departments, including the scientific and technical data 
     generated by the research and development activities funded 
     under subsection (g);
       (E) seek and incorporate other information on critical 
     materials to enhance the Departments' utility for program 
     participants and other users; and
       (F) manage and make available to researchers and the public 
     accessible, curated, standardized, secure, and privacy-
     protected data sets from the public and private sectors for 
     the purposes of critical materials research and development 
     activities.
       (5) Proprietary information.--In carrying out this 
     subsection, the Secretaries shall ensure, consistent with 
     section 5(f) of the National Materials and Minerals Policy, 
     Research and Development Act of 1980 (30 U.S.C. 1604(f)), 
     that--
       (A) no person uses the information and data collected for 
     the Portal for a purpose other than the development of, or 
     reporting of, aggregate data in a manner such that the 
     identity of the person or firm who supplied the information 
     is not discernible and is not material to the intended uses 
     of the information;
       (B) no person discloses any information or data collected 
     for the Portal unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person or firm who 
     supplied particular information; and
       (C) procedures are established to require the withholding 
     of any information or data collected for the Portal if at 
     least 1 of the Secretaries determines that the withholding is 
     necessary to protect proprietary information, including any 
     trade secrets or other confidential information.
       (j) Analysis and Forecasting.--
       (1) Capabilities.--In order to evaluate existing critical 
     mineral policies and inform future actions that may be taken 
     to avoid supply shortages, mitigate price volatility, and 
     prepare for demand growth and other market shifts, the 
     Secretary (acting through the Director of the United States 
     Geological Survey) or a designee of the Secretary, in 
     consultation with the Energy Information Administration, 
     academic institutions, and others in order to maximize the 
     application of existing competencies related to developing 
     and maintaining computer-models and similar analytical tools, 
     shall conduct and publish the results of an annual report 
     that includes--
       (A) as part of the annually published Mineral Commodity 
     Summaries from the United States Geological Survey, a 
     comprehensive review of critical mineral production, 
     consumption, and recycling patterns, including--
       (i) the quantity of each critical mineral domestically 
     produced during the preceding year;
       (ii) the quantity of each critical mineral domestically 
     consumed during the preceding year;
       (iii) market price data or other price data for each 
     critical mineral;
       (iv) an assessment of--

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

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

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

       (iv) the quantity of each critical mineral projected to be 
     domestically recycled over the subsequent 1-year, 5-year, and 
     10-year periods;
       (v) the market penetration of alternatives to each critical 
     mineral projected to take place over the subsequent 1-year, 
     5-year, and 10-year periods;
       (vi) a discussion of reasonably foreseeable international 
     trends associated with the discovery, production, 
     consumption, use, costs of production, and recycling of each 
     critical mineral as well as the development of alternatives 
     to critical minerals; and
       (vii) such other projections relating to each critical 
     mineral as the Secretary determines to be necessary to 
     achieve the purposes of this subsection.
       (2) Proprietary information.--In preparing a report 
     described in paragraph (1), the Secretary shall ensure, 
     consistent with section 5(f) of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604(f)), that--
       (A) no person uses the information and data collected for 
     the report for a purpose other than the development of or 
     reporting of aggregate data in a manner such that the 
     identity of the person or firm who supplied the information 
     is not discernible and is not material to the intended uses 
     of the information;
       (B) no person discloses any information or data collected 
     for the report unless the information or data has been 
     transformed into a statistical or aggregate form that does 
     not allow the identification of the person or firm who 
     supplied particular information; and
       (C) procedures are established to require the withholding 
     of any information or data collected for the report if the 
     Secretary determines that withholding is necessary to protect 
     proprietary information, including any trade secrets or other 
     confidential information.
       (k) Education and Workforce.--
       (1) Workforce assessment.--Not later than 1 year and 300 
     days after the date of enactment of this Act, the Secretary 
     of Labor (in consultation with the Secretary, the Director of 
     the National Science Foundation, institutions of higher 
     education with substantial expertise in mining, institutions 
     of higher education with significant expertise in minerals 
     research, including fundamental research into alternatives, 
     and employers in the critical minerals sector) shall submit 
     to Congress an assessment of the domestic availability of 
     technically trained personnel necessary for critical mineral 
     exploration, development, assessment, production, 
     manufacturing, recycling, analysis, forecasting, education, 
     and research, including an analysis of--
       (A) skills that are in the shortest supply as of the date 
     of the assessment;
       (B) skills that are projected to be in short supply in the 
     future;
       (C) the demographics of the critical minerals industry and 
     how the demographics will evolve under the influence of 
     factors such as an aging workforce;
       (D) the effectiveness of training and education programs in 
     addressing skills shortages;
       (E) opportunities to hire locally for new and existing 
     critical mineral activities;
       (F) the sufficiency of personnel within relevant areas of 
     the Federal Government for achieving the policies described 
     in section 3 of the National Materials and Minerals Policy, 
     Research and Development Act of 1980 (30 U.S.C. 1602); and
       (G) the potential need for new training programs to have a 
     measurable effect on the supply of trained workers in the 
     critical minerals industry.
       (2) Curriculum study.--
       (A) In general.--The Secretary and the Secretary of Labor 
     shall jointly enter into an arrangement with the National 
     Academy of Sciences and the National Academy of Engineering 
     under which the Academies shall coordinate with the National 
     Science Foundation on conducting a study--
       (i) to design an interdisciplinary program on critical 
     minerals that will support the critical mineral supply chain 
     and improve the ability of the United States to increase 
     domestic, critical mineral exploration, development, 
     production, manufacturing, research, including fundamental 
     research into alternatives, and recycling;
       (ii) to address undergraduate and graduate education, 
     especially to assist in the development of graduate level 
     programs of research and instruction that lead to advanced 
     degrees with an emphasis on the critical mineral supply

[[Page H7689]]

     chain or other positions that will increase domestic, 
     critical mineral exploration, development, production, 
     manufacturing, research, including fundamental research into 
     alternatives, and recycling;
       (iii) to develop guidelines for proposals from institutions 
     of higher education with substantial capabilities in the 
     required disciplines for activities to improve the critical 
     mineral supply chain and advance the capacity of the United 
     States to increase domestic, critical mineral exploration, 
     research, development, production, manufacturing, and 
     recycling; and
       (iv) to outline criteria for evaluating performance and 
     recommendations for the amount of funding that will be 
     necessary to establish and carry out the program described in 
     paragraph (3).
       (B) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a description of the results of the study required under 
     subparagraph (A).
       (3) Program.--
       (A) Establishment.--The Secretary and the Secretary of 
     Labor shall jointly conduct a competitive grant program under 
     which institutions of higher education may apply for and 
     receive 4-year grants for--
       (i) startup costs for newly designated faculty positions in 
     integrated critical mineral education, research, innovation, 
     training, and workforce development programs consistent with 
     paragraph (2);
       (ii) internships, scholarships, and fellowships for 
     students enrolled in programs related to critical minerals;
       (iii) equipment necessary for integrated critical mineral 
     innovation, training, and workforce development programs; and
       (iv) research of critical minerals and their applications, 
     particularly concerning the manufacture of critical 
     components vital to national security.
       (B) Renewal.--A grant under this paragraph shall be 
     renewable for up to 2 additional 3-year terms based on 
     performance criteria outlined under paragraph (2)(A)(iv).
       (l) National Geological and Geophysical Data Preservation 
     Program.--Section 351(k) of the Energy Policy Act of 2005 (42 
     U.S.C. 15908(k)) is amended by striking `` $30,000,000 for 
     each of fiscal years 2006 through 2010'' and inserting `` 
     $5,000,000 for each of fiscal years 2021 through 2029, to 
     remain available until expended''.
       (m) Amendments to the National Materials and Minerals, 
     Policy, Research and Development Act of 1980.--
       (1) Program plan.--Section 5 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1604) is amended--
       (A) by striking ``date of enactment of this Act'' each 
     place it appears and inserting ``date of enactment of the 
     Energy Act of 2020'';
       (B) in subsection (b)(1), by striking ``Federal 
     Coordinating Council for Science, Engineering, and 
     Technology'' and inserting ``National Science and Technology 
     Council'';
       (C) in subsection (c)--
       (i) in the matter preceding paragraph (1)--

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

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

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

       (v) by adding at the end the following:
       ``(2) assess the adequacy and stability of the supply of 
     materials necessary to maintain national security, economic 
     well-being, public health, and industrial production.''; and
       (D) in subsection (e), by striking ``Bureau of Mines'' each 
     place it appears and inserting ``United States Geological 
     Survey''.
       (2) Policy.--Section 3 of the National Materials and 
     Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1602) is amended, in the matter preceding paragraph 
     (1)--
       (A) in the first sentence, by striking ``The Congress 
     declares that it'' and inserting ``It''; and
       (B) in the second sentence, by striking ``The Congress 
     further declares that implementation'' and inserting 
     ``Implementation''.
       (3) Implementation.--Section 4 of the National Materials 
     and Minerals Policy, Research and Development Act of 1980 (30 
     U.S.C. 1603) is amended, in the matter preceding paragraph 
     (1)--
       (A) by striking ``For the purpose'' and all that follows 
     through ``declares that the'' and inserting ``The''; and
       (B) by striking ``departments and agencies,'' and inserting 
     ``departments and agencies to implement the policy described 
     in section 3''.
       (n) Administration.--
       (1) In general.--The National Critical Materials Act of 
     1984 (30 U.S.C. 1801 et seq.) is repealed.
       (2) Conforming amendment.--Section 3(d) of the National 
     Superconductivity and Competitiveness Act of 1988 (15 U.S.C. 
     5202(d)) is amended in the first sentence by striking ``, 
     with the assistance of the National Critical Materials 
     Council as specified in the National Critical Materials Act 
     of 1984 (30 U.S.C. 1801 et seq.),''.
       (3) Savings clauses.--
       (A) In general.--Nothing in this section or an amendment 
     made by this section modifies any requirement or authority 
     provided by--
       (i) the matter under the heading ``GEOLOGICAL SURVEY'' of 
     the first section of the Act of March 3, 1879 (43 U.S.C. 
     31(a)); or
       (ii) the first section of Public Law 87-626 (43 U.S.C. 
     31(b)).
       (B) Effect on department of defense.--Nothing in this 
     section or an amendment made by this section affects the 
     authority of the Secretary of Defense with respect to the 
     work of the Department of Defense on critical material 
     supplies in furtherance of the national defense mission of 
     the Department of Defense.
       (C) Secretarial order not affected.--This section shall not 
     apply to any mineral described in Secretarial Order No. 3324, 
     issued by the Secretary on December 3, 2012, in any area to 
     which the order applies.
       (o) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $50,000,000 for each of fiscal years 2021 through 2029.

     SEC. 7003. MONITORING MINERAL INVESTMENTS UNDER BELT AND ROAD 
                   INITIATIVE OF PEOPLE'S REPUBLIC OF CHINA.

       (a) Report Required.--Not later than 1 year after the date 
     of the enactment of this Act, the Director of National 
     Intelligence (referred to in this section as the 
     ``Director''), in consultation with the Secretary of the 
     Interior, the Secretary of Energy, the Secretary of Commerce, 
     the Secretary of State, the Secretary of Defense, and the 
     United States Trade Representative, shall submit to the 
     appropriate congressional committees a report on investments 
     in minerals under the Belt and Road Initiative of the 
     People's Republic of China that includes an assessment of--
       (1) notable past mineral investments;
       (2) whether and how such investments have increased the 
     extent of control of minerals by the People's Republic of 
     China;
       (3) any efforts by the People's Republic of China to 
     counter or interfere with the goals of the Energy Resource 
     Governance Initiative of the Department of State; and
       (4) the strategy of the People's Republic of China with 
     respect to mineral investments.
       (b) Monitoring Mechanism.--In conjunction with each report 
     required by subsection (a), the Director shall submit to the 
     appropriate congressional committees a list of any minerals 
     with respect to which--
       (1) the People's Republic of China, directly or through the 
     Belt and Road Initiative--
       (A) is increasing its concentration of extraction and 
     processing;
       (B) is acquiring significant mining and processing 
     facilities;
       (C) is maintaining or increasing export restrictions; or
       (D) has achieved substantial control of the supply of 
     minerals used within an industry or related minerals;
       (2) there is a significant difference between domestic 
     prices in the People's Republic of China as compared to 
     prices on international markets; or
       (3) there is a significant increase or volatility in price 
     as a result of the Belt and Road Initiative of the People's 
     Republic of China.
       (c) Critical Mineral Evaluation.--For any mineral included 
     on the list required by subsection (b) that is not already 
     designated as critical by the Secretary of the Interior 
     pursuant to section 7002(c), the Director shall--
       (1) determine, in consultation with the Secretary of the 
     Interior, the Secretary of Energy, the Secretary of Commerce, 
     the Secretary of State, the Secretary of Defense, and the 
     United States Trade Representative, whether the mineral is 
     strategic and critical to the defense or national security of 
     the United States; and
       (2) make a recommendation to the Secretary of the Interior 
     regarding the designation of the mineral under section 
     7002(c).
       (d) Annual Updates.--The Director shall update the report 
     required by subsection (a) and list required by subsection 
     (b) not less frequently than annually.
       (e) Form.--Each report or list required by this section 
     shall be submitted in unclassified form but may include a 
     classified annex.
       (f) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Energy and Natural Resources, the 
     Committee on Foreign Relations, the Committee on Armed 
     Services, the Committee on Finance, the Committee on Homeland 
     Security and Governmental Affairs, the Committee on Commerce, 
     Science, and Transportation, and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Energy and Commerce, the Committee on 
     Foreign Affairs, the Committee on Armed Services, the 
     Committee on Ways and Means, the Committee on Homeland 
     Security, and the Committee on Appropriations of the House of 
     Representatives.

                     TITLE VIII--GRID MODERNIZATION

     SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.

       Section 1304 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17384) is amended--
       (1) in subsection (a), by inserting ``research, 
     development, and demonstration'' before ``program'';
       (2) in subsection (b)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary shall establish a smart 
     grid regional demonstration initiative (referred to in this 
     subsection as the `Initiative') composed of demonstration 
     projects focused on cost-effective, advanced technologies for 
     use in power grid sensing, communications, analysis, power 
     flow control, visualization, distribution automation, 
     industrial control systems, dynamic line rating systems, grid 
     redesign, and the integration of distributed energy 
     resources.''; and

[[Page H7690]]

       (B) in paragraph (2)--
       (i) in subparagraph (D), by striking ``and'' at the end;
       (ii) in subparagraph (E), by striking the period and 
     inserting ``; and''; and
       (iii) by inserting at the end the following:
       ``(F) to encourage the commercial application of advanced 
     distribution automation technologies that exert intelligent 
     control over electrical grid functions at the distribution 
     level to improve system resilience.''.

     SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, 
                   AND CONTROLS.

       Title XIII of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17381 et seq.) is amended by inserting after 
     section 1304 the following:

     ``SEC. 1304A. SMART GRID MODELING, VISUALIZATION, 
                   ARCHITECTURE, AND CONTROLS.

       ``(a) In General.--Not later than 180 days after the 
     enactment of this section, the Secretary shall establish a 
     program of research, development, demonstration, and 
     commercial application on electric grid modeling, sensing, 
     visualization, architecture development, and advanced 
     operation and controls.
       ``(b) Modeling Research and Development.--The Secretary 
     shall support development of models of emerging technologies 
     and systems to facilitate the secure and reliable design, 
     planning, and operation of the electric grid for use by 
     industry stakeholders. In particular, the Secretary shall 
     support development of--
       ``(1) models to analyze and predict the effects of adverse 
     physical and cyber events on the electric grid;
       ``(2) coupled models of electrical, physical, and cyber 
     systems;
       ``(3) models of existing and emerging technologies being 
     deployed on the electric grid due to projected changes in the 
     electric generation mix and loads, for a variety of regional 
     characteristics; and
       ``(4) integrated models of the communications, 
     transmission, distribution, and other interdependent systems 
     for existing, new, and emerging technologies.
       ``(c) Situational Awareness Research and Development.--
       ``(1) In general.--The Secretary shall support development 
     of computational tools and technologies to improve sensing, 
     monitoring, and visualization of the electric grid for real-
     time situational awareness and decision support tools that 
     enable improved operation of the power system, including 
     utility, non-utility, and customer grid-connected assets, for 
     use by industry partners.
       ``(2) Data use.--In developing visualization capabilities 
     under this section, the Secretary shall develop tools for 
     industry stakeholders to use to analyze data collected from 
     advanced measurement and monitoring technologies, including 
     data from phasor measurement units and advanced metering 
     units.
       ``(3) Severe events.--The Secretary shall prioritize 
     enhancing cyber and physical situational awareness of the 
     electric grid during adverse manmade and naturally-occurring 
     events.
       ``(d) Operation and Controls Research and Development.--The 
     Secretary shall conduct research to develop improvements to 
     the operation and controls of the electric grid, in 
     coordination with industry partners. Such activities shall 
     include--
       ``(1) a training facility or facilities to allow grid 
     operators to gain operational experience with advanced grid 
     control concepts and technologies;
       ``(2) development of cost-effective advanced operation and 
     control concepts and technologies, such as adaptive 
     islanding, dynamic line rating systems, power flow 
     controllers, network topology optimization, smart circuit 
     breakers, intelligent load shedding, and fault-tolerant 
     control system architectures;
       ``(3) development of real-time control concepts using 
     artificial intelligence and machine learning for improved 
     electric grid resilience; and
       ``(4) utilization of advanced data analytics including load 
     forecasting, power flow modeling, equipment failure 
     prediction, resource optimization, risk analysis, and 
     decision analysis.
       ``(e) Interoperability Research and Development.--The 
     Secretary shall conduct research and development on tools and 
     technologies that improve the interoperability and 
     compatibility of new and emerging components, technologies, 
     and systems with existing electric grid infrastructure.
       ``(f) Underground Transmission and Distribution Lines.--In 
     carrying out the program under subsection (a), the Secretary 
     shall support research and development on underground 
     transmission and distribution lines. This shall include 
     research on--
       ``(1) methods for lowering the costs of underground 
     transmission and distribution lines, including through novel 
     installation techniques and materials considerations;
       ``(2) techniques to improve the lifespan of underground 
     transmission and distribution lines;
       ``(3) wireless sensors to improve safety of underground 
     transmission and distribution lines and to predict, identify, 
     detect, and transmit information about degradation and 
     faults; and
       ``(4) methods for improving the resilience and reliability 
     of underground transmission and distribution lines, including 
     technologies and techniques that can mitigate the impact of 
     flooding, storm surge, and seasonal climate cycles on 
     degradation of and damage to underground transmission and 
     distribution lines.
       ``(g) Grid Architecture and Scenario Development.--
       ``(1) In general.--Subject to paragraph (3), the Secretary 
     shall establish and facilitate a collaborative process to 
     develop model grid architecture and a set of future scenarios 
     for the electric grid to examine the impacts of different 
     combinations of resources (including different quantities of 
     distributed energy resources and large-scale, central 
     generation) on the electric grid.
       ``(2) Architecture.--In supporting the development of model 
     grid architectures, the Secretary shall--
       ``(A) analyze a variety of grid architecture scenarios that 
     range from minor upgrades to existing transmission grid 
     infrastructure to scenarios that involve the replacement of 
     significant portions of existing transmission grid 
     infrastructure;
       ``(B) analyze the effects of the increasing proliferation 
     of renewable and other zero emissions energy generation 
     sources, increasing use of distributed resources owned by 
     non-utility entities, and the use of digital and automated 
     controls not managed by grid operators;
       ``(C) include a variety of new and emerging distribution 
     grid technologies, including distributed energy resources, 
     electric vehicle charging stations, distribution automation 
     technologies, energy storage, and renewable energy sources;
       ``(D) analyze the effects of local load balancing and other 
     forms of decentralized control;
       ``(E) analyze the effects of changes to grid architectures 
     resulting from modernizing electric grid systems, including 
     communications, controls, markets, consumer choice, emergency 
     response, electrification, and cybersecurity concerns; and
       ``(F) develop integrated grid architectures that 
     incorporate system resilience for cyber, physical, and 
     communications systems.
       ``(3) Market structure.--The grid architecture and 
     scenarios developed under paragraph (1) shall, to the extent 
     practicable, account for differences in market structure, 
     including an examination of the potential for stranded costs 
     in each type of market structure.
       ``(h) Computing Resources and Data Coordination Research 
     and Development.--In carrying out this section, the Secretary 
     shall--
       ``(1) leverage existing computing resources at the National 
     Laboratories; and
       ``(2) develop voluntary standards for data taxonomies and 
     communication protocols in coordination with public and 
     private sector stakeholders.
       ``(i) Information Sharing.--None of the activities 
     authorized in this section shall require private entities to 
     share information or data with the Secretary.
       ``(j) Resilience.--In this section, the term `resilience' 
     means the ability to withstand and reduce the magnitude or 
     duration of disruptive events, which includes the capability 
     to anticipate, absorb, adapt to, or rapidly recover from such 
     an event, including from deliberate attacks, accidents, and 
     naturally occurring threats or incidents.''.

     SEC. 8003. INTEGRATED ENERGY SYSTEMS.

       Title XIII of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17381 et seq.) is amended by adding after 
     section 1309 the following:

     ``SEC. 1310. INTEGRATED ENERGY SYSTEMS.

       ``(a) In General.--Not later than 180 days after the 
     enactment of this section, the Secretary shall establish a 
     research, development, and demonstration program to develop 
     cost-effective integrated energy systems, including--
       ``(1) development of computer modeling to design different 
     configurations of integrated energy systems and to optimize 
     system operation;
       ``(2) research on system integration needed to plan, 
     design, build, and operate integrated energy systems, 
     including interconnection requirements with the electric 
     grid;
       ``(3) development of integrated energy systems for various 
     applications, including--
       ``(A) thermal energy generation and storage for buildings 
     and manufacturing;
       ``(B) electricity storage coupled with energy generation;
       ``(C) desalination;
       ``(D) production of liquid and gaseous fuels; and
       ``(E) production of chemicals such as ammonia and ethylene;
       ``(4) development of testing facilities for integrated 
     energy systems; and
       ``(5) research on incorporation of various technologies for 
     integrated energy systems, including nuclear energy, 
     renewable energy, storage, and carbon capture, utilization, 
     and sequestration technologies.
       ``(b) Strategic Plan.--
       ``(1) In general.--Not later than 1 year after the date of 
     the enactment of this section, the Secretary shall submit to 
     the Committee on Science, Space, and Technology of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate a strategic plan that identifies 
     opportunities, challenges, and standards needed for the 
     development and commercial application of integrated energy 
     systems. The strategic plan shall include--
       ``(A) analysis of the potential benefits of development of 
     integrated electric systems on the electric grid;
       ``(B) analysis of the potential contributions of integrated 
     energy systems to different grid architecture scenarios;
       ``(C) research and development goals for various integrated 
     energy systems, including those identified in subsection (a);
       ``(D) assessment of policy and market barriers to the 
     adoption of integrated energy systems;
       ``(E) analysis of the technical and economic feasibility of 
     adoption of different integrated energy systems; and
       ``(F) a 10-year roadmap to guide the program established 
     under subsection (a).
       ``(2) Updates.--Not less than once every 3 years for the 
     duration of this research program, the Secretary shall submit 
     an updated version of the strategic plan to the Committee on 
     Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.

[[Page H7691]]

       ``(c) Program Implementation.--In carrying out the 
     research, development, demonstration, and commercial 
     application aims of subsection (a), the Secretary shall--
       ``(1) implement the recommendations set forth in the 
     strategic plan in subsection (b);
       ``(2) coordinate across all relevant program offices at the 
     Department, including--
       ``(A) the Office of Energy Efficiency and Renewable Energy;
       ``(B) the Office of Nuclear Energy; and
       ``(C) the Office of Fossil Energy;
       ``(3) leverage existing programs and resources of the 
     Department; and
       ``(4) prioritize activities that accelerate the development 
     of integrated electricity generation, storage, and 
     distribution systems with net zero greenhouse gas emissions.
       ``(d) Integrated Energy System Defined.--The term 
     `integrated energy system' means a system composed of 2 or 
     more co-located or jointly operated sub-systems of energy 
     generation, energy storage, or other energy technologies.''.

     SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOPMENT.

       (a) Integrating Distributed Energy Resources Onto the 
     Electric Grid.--Section 925(a) of the Energy Policy Act of 
     2005 (42 U.S.C. 16215) is amended--
       (1) by redesignating paragraphs (10) and (11) as paragraphs 
     (12) and (13), respectively; and
       (2) by inserting after paragraph (9) the following:
       ``(10) the development of cost-effective technologies that 
     enable two-way information and power flow between distributed 
     energy resources and the electric grid;
       ``(11) the development of technologies and concepts that 
     enable interoperability between distributed energy resources 
     and other behind-the-meter devices and the electric grid;''.
       (b) Integrating Renewable Energy Onto the Electric Grid.--
     Subtitle C of title IX of the Energy Policy Act of 2005 (42 
     U.S.C. 16231 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 936. RESEARCH AND DEVELOPMENT INTO INTEGRATING 
                   RENEWABLE ENERGY ONTO THE ELECTRIC GRID.

       ``(a) In General.--Not later than 180 days after the 
     enactment of this section, the Secretary shall establish a 
     research, development, and demonstration program on 
     technologies that enable integration of renewable energy 
     generation sources onto the electric grid across multiple 
     program offices of the Department. The program shall 
     include--
       ``(1) forecasting for predicting generation from variable 
     renewable energy sources;
       ``(2) development of cost-effective low-loss, long-distance 
     transmission lines; and
       ``(3) development of cost-effective advanced technologies 
     for variable renewable generation sources to provide grid 
     services.
       ``(b) Coordination.--In carrying out this program, the 
     Secretary shall coordinate across all relevant program 
     offices at the Department to achieve the goals established in 
     this section, including the Office of Electricity.
       ``(c) Adoption of Technologies.--In carrying out this 
     section, the Secretary shall consider barriers to adoption 
     and commercial application of technologies that enable 
     integration of renewable energy sources onto the electric 
     grid, including cost and other economic barriers, and shall 
     coordinate with relevant entities to reduce these 
     barriers.''.
       (c) Integrating Electric Vehicles Onto the Electric Grid.--
     Subtitle B of title I of the Energy Independence and Security 
     Act of 2007 (42 U.S.C. 17011 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 137. RESEARCH AND DEVELOPMENT INTO INTEGRATING 
                   ELECTRIC VEHICLES ONTO THE ELECTRIC GRID.

       ``(a) In General.--The Secretary shall establish a 
     research, development, and demonstration program to advance 
     the integration of electric vehicles, including plug-in 
     hybrid electric vehicles, onto the electric grid.
       ``(b) Vehicles-to-grid Integration Assessment Report.--Not 
     later than 1 year after the enactment of this section, the 
     Secretary shall submit to the Committee on Science, Space, 
     and Technology of the House of Representatives and the 
     Committee on Energy and Natural Resources of the Senate a 
     report on the results of a study that examines the research, 
     development, and demonstration opportunities, challenges, and 
     standards needed for integrating electric vehicles onto the 
     electric grid.
       ``(1) Report requirements.--The report shall include--
       ``(A) an evaluation of the use of electric vehicles to 
     maintain the reliability of the electric grid, including--
       ``(i) the use of electric vehicles for demand response, 
     load shaping, emergency power, and frequency regulation; and
       ``(ii) the potential for the reuse of spent electric 
     vehicle batteries for stationary grid storage;
       ``(B) the impact of grid integration on electric vehicles, 
     including--
       ``(i) the impact of bi-directional electricity flow on 
     battery degradation; and
       ``(ii) the implications of the use of electric vehicles for 
     grid services on original equipment manufacturer warranties;
       ``(C) the impacts to the electric grid of increased 
     penetration of electric vehicles, including--
       ``(i) the distribution grid infrastructure needed to 
     support an increase in charging capacity;
       ``(ii) strategies for integrating electric vehicles onto 
     the distribution grid while limiting infrastructure upgrades;
       ``(iii) the changes in electricity demand over a 24-hour 
     cycle due to electric vehicle charging behavior;
       ``(iv) the load increases expected from electrifying the 
     transportation sector;
       ``(v) the potential for customer incentives and other 
     managed charging stations strategies to shift charging off-
     peak;
       ``(vi) the technology needed to achieve bi-directional 
     power flow on the distribution grid; and
       ``(vii) the implementation of smart charging techniques;
       ``(D) research on the standards needed to integrate 
     electric vehicles with the grid, including communications 
     systems, protocols, and charging stations, in collaboration 
     with the National Institute for Standards and Technology;
       ``(E) the cybersecurity challenges and needs associated 
     with electrifying the transportation sector; and
       ``(F) an assessment of the feasibility of adopting 
     technologies developed under the program established under 
     subsection (a) at Department facilities.
       ``(2) Recommendations.--As part of the Vehicles-to-Grid 
     Integration Assessment Report, the Secretary shall develop a 
     10-year roadmap to guide the research, development, and 
     demonstration program to integrate electric vehicles onto the 
     electric grid.
       ``(3) Consultation.--In developing this report, the 
     Secretary shall consult with relevant stakeholders, 
     including--
       ``(A) electric vehicle manufacturers;
       ``(B) electric utilities;
       ``(C) public utility commissions;
       ``(D) vehicle battery manufacturers;
       ``(E) electric vehicle supply equipment manufacturers;
       ``(F) charging infrastructure manufacturers;
       ``(G) the National Laboratories; and
       ``(H) other Federal agencies, as the Secretary determines 
     appropriate.
       ``(4) Updates.--The Secretary shall update the report 
     required under this section every 3 years for the duration of 
     the program under section (a) and shall submit the updated 
     report to the Committee on Science, Space, and Technology of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate.
       ``(c) Program Implementation.--In carrying out the 
     research, development, demonstration, and commercial 
     application aims of section, the Secretary shall--
       ``(1) implement the recommendations set forth in the report 
     in subsection (b); and
       ``(2) coordinate across all relevant program offices at the 
     Department to achieve the goals established in this section, 
     including the Office of Electricity.
       ``(d) Testing Capabilities.--The Secretary shall coordinate 
     with the National Laboratories to develop testing 
     capabilities for the evaluation, rapid prototyping, and 
     optimization of technologies enabling integration of electric 
     vehicles onto the electric grid.''.

     SEC. 8005. ADVISORY COMMITTEE.

       Title XIII of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17381 et seq.) is amended by adding after 
     section 1310 (as added by section 8003 of this Act) the 
     following:

     ``SEC. 1311. ADVISORY COMMITTEE.

       ``(a) In General.--Not later than 180 days after the 
     enactment of this section, the Secretary shall designate an 
     existing advisory committee to advise the Secretary on the 
     authorization of research, development, and demonstration 
     projects under sections 1304 and 1304A.
       ``(b) Responsibility.--The Secretary shall annually solicit 
     from the advisory committee--
       ``(1) comments to identify grid modernization technology 
     needs;
       ``(2) an assessment of the progress of the research 
     activities on grid modernization; and
       ``(3) assistance in annually updating grid modernization 
     technology roadmaps.''.

     SEC. 8006. COORDINATION OF EFFORTS.

       In carrying out the amendments made by this title, the 
     Secretary shall coordinate with relevant entities to the 
     maximum extent practicable, including--
       (1) electric utilities;
       (2) private sector entities;
       (3) representatives of all sectors of the electric power 
     industry;
       (4) transmission organizations;
       (5) transmission owners and operators;
       (6) distribution organizations;
       (7) distribution asset owners and operators;
       (8) State, Tribal, local, and territorial governments and 
     regulatory authorities;
       (9) academic institutions;
       (10) the National Laboratories;
       (11) other Federal agencies;
       (12) nonprofit organizations;
       (13) the Federal Energy Regulatory Commission;
       (14) the North American Reliability Corporation;
       (15) independent system operators; and
       (16) programs and program offices at the Department.

     SEC. 8007. TECHNOLOGY DEMONSTRATION ON THE DISTRIBUTION GRID.

       (a) In General.--The Secretary shall establish a grant 
     program to carry out eligible projects related to the 
     modernization of the electric grid, including the application 
     of technologies to improve observability, advanced controls, 
     and prediction of system performance on the distribution 
     system.
       (b) Eligible Projects.--To be eligible for a grant under 
     subsection (a), a project shall--
       (1) be designed to improve the performance and efficiency 
     of the future electric grid, while ensuring the continued 
     provision of safe, secure, reliable, and affordable power; 
     and
       (2) demonstrate--
       (A) secure integration and management of two or more energy 
     resources, including distributed energy generation, combined 
     heat and power, micro-grids, energy storage, electric 
     vehicles, energy efficiency, demand response, and intelligent 
     loads; and
       (B) secure integration and interoperability of 
     communications and information technologies.

[[Page H7692]]

  


     SEC. 8008. VOLUNTARY MODEL PATHWAYS.

       (a) Establishment of Voluntary Model Pathways.--
       (1) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Secretary of Energy (in this 
     section referred to as the ``Secretary''), in consultation 
     with the steering committee established under paragraph (3), 
     shall initiate the development of voluntary model pathways 
     for modernizing the electric grid through a collaborative, 
     public-private effort that--
       (A) produces illustrative policy pathways encompassing a 
     diverse range of technologies that can be adapted for State 
     and regional applications by regulators and policymakers;
       (B) facilitates the modernization of the electric grid and 
     associated communications networks to achieve the objectives 
     described in paragraph (2);
       (C) ensures a reliable, resilient, affordable, safe, and 
     secure electric grid; and
       (D) acknowledges and accounts for different priorities, 
     electric systems, and rate structures across States and 
     regions.
       (2) Objectives.--The pathways established under paragraph 
     (1) shall facilitate achievement of as many of the following 
     objectives as practicable:
       (A) Near real-time situational awareness of the electric 
     system.
       (B) Data visualization.
       (C) Advanced monitoring and control of the advanced 
     electric grid.
       (D) Enhanced certainty of policies for investment in the 
     electric grid.
       (E) Increased innovation.
       (F) Greater consumer empowerment.
       (G) Enhanced grid resilience, reliability, and robustness.
       (H) Improved--
       (i) integration of distributed energy resources;
       (ii) interoperability of the electric system; and
       (iii) predictive modeling and capacity forecasting.
       (I) Reduced cost of service for consumers.
       (J) Diversification of generation sources.
       (3) Steering committee.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary shall establish 
     a steering committee to help develop the pathways under 
     paragraph (1), to be composed of members appointed by the 
     Secretary, consisting of persons with appropriate expertise 
     representing a diverse range of interests in the public, 
     private, and academic sectors, including representatives of--
       (A) the Federal Energy Regulatory Commission;
       (B) the National Laboratories;
       (C) States;
       (D) State regulatory authorities;
       (E) transmission organizations;
       (F) representatives of all sectors of the electric power 
     industry;
       (G) institutions of higher education;
       (H) independent research institutes; and
       (I) other entities.
       (b) Technical Assistance.--The Secretary may provide 
     technical assistance to States, Indian Tribes, or units of 
     local government to adopt or implement one or more elements 
     of the pathways developed under subsection (a)(1), including 
     on a pilot basis.

     SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE 
                   PROVIDERS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Energy, in 
     consultation with the steering committee established under 
     section 8008(a)(3), shall submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Energy and Commerce of the House of Representatives a report 
     that includes--
       (1) an evaluation of the performance of the electric grid 
     as of the date of the report; and
       (2) a description of the projected range of measurable 
     costs and benefits associated with the changes evaluated 
     under the scenarios developed under section 1304A of the 
     Energy Independence and Security Act of 2007.
       (b) Considerations for Development of Metrics.--In 
     developing metrics for the evaluation and projections under 
     subsection (a), the Secretary of Energy shall consider--
       (1) standard methodologies for calculating improvements or 
     deteriorations in the performance metrics, such as 
     reliability, grid efficiency, power quality, consumer 
     satisfaction, sustainability, and financial incentives;
       (2) standard methodologies for calculating potential costs 
     and measurable benefits value to ratepayers, applying the 
     performance metrics developed under paragraph (1);
       (3) identification of tools, resources, and deployment 
     models that may enable improved performance through the 
     adoption of emerging, commercially available or advanced grid 
     technologies or solutions, including--
       (A) multicustomer micro-grids;
       (B) distributed energy resources;
       (C) energy storage;
       (D) electric vehicles;
       (E) electric vehicle charging infrastructure;
       (F) integrated information and communications systems;
       (G) transactive energy systems; and
       (H) advanced demand management systems; and
       (4) the role of States and local regulatory authorities in 
     enabling a robust future electric grid to ensure that--
       (A) electric utilities remain financially viable;
       (B) electric utilities make the needed investments that 
     ensure a reliable, secure, and resilient grid; and
       (C) costs incurred to transform to an integrated grid are 
     allocated and recovered responsibly, efficiently, and 
     equitably.

     SEC. 8010. VOLUNTARY STATE, REGIONAL, AND LOCAL ELECTRICITY 
                   DISTRIBUTION PLANNING.

       (a) In General.--On the request of a State, regional 
     organization, or electric utility, the Secretary of Energy 
     shall provide assistance to States, regional organizations, 
     and electric utilities to facilitate the development of 
     State, regional, and local electricity distribution plans 
     by--
       (1) conducting a resource assessment and analysis of future 
     demand and distribution requirements; and
       (2) developing open source tools for State, regional, and 
     local planning and operations.
       (b) Risk and Security Analysis.--The assessment under 
     subsection (a)(1) shall include--
       (1) the evaluation of the physical security, cybersecurity, 
     and associated communications needs of an advanced 
     distribution management system and the integration of 
     distributed energy resources; and
       (2) advanced use of grid architecture to analyze risks in 
     an all-hazards approach that includes communications 
     infrastructure, control systems architecture, and power 
     systems architecture.
       (c) Designation.--The information collected for the 
     assessment and analysis under subsection (a)(1)--
       (1) shall be considered to be critical electric 
     infrastructure information under section 215A of the Federal 
     Power Act (16 U.S.C. 824o-1); and
       (2) shall only be released in compliance with regulations 
     implementing that section.
       (d) Technical Assistance.--For the purpose of assisting in 
     the development of State and regional electricity 
     distribution plans, the Secretary shall provide technical 
     assistance to--
       (1) States;
       (2) regional reliability entities; and
       (3) other distribution asset owners and operators.
       (e) Withdrawal.--A State or any entity that has requested 
     technical assistance under this section may withdraw the 
     request for technical assistance at any time, and on such 
     withdrawal, the Secretary shall terminate all assistance 
     efforts.
       (f) Effect.--Nothing in this section authorizes the 
     Secretary to require any State, regional organization, 
     regional reliability entity, asset owner, or asset operator 
     to adopt any model, tool, plan, analysis, or assessment.

     SEC. 8011. MICRO-GRID AND INTEGRATED MICRO-GRID SYSTEMS 
                   PROGRAM.

       (a) Definitions.--In this section:
       (1) Integrated micro-grid system.--The term ``integrated 
     micro-grid system'' means a micro-grid system that--
       (A) comprises generation from both conventional and 
     renewable energy resources; and
       (B) may use grid-scale energy storage.
       (2) Isolated community.--The term ``isolated community'' 
     means a community that is powered by a stand-alone electric 
     generation and distribution system without the economic and 
     reliability benefits of connection to a regional electric 
     grid.
       (3) Micro-grid system.--The term ``micro-grid system'' 
     means a localized grid that operates autonomously, regardless 
     of whether the grid can operate in connection with another 
     grid.
       (4) Rural electric cooperative.--The term ``rural electric 
     cooperative'' means an electric cooperative (as defined in 
     section 3 of the Federal Power Act (16 U.S.C. 796)) that 
     sells electric energy to persons in rural areas.
       (5) Strategy.--The term ``strategy'' means the strategy 
     developed pursuant to subsection (b)(2)(B).
       (b) Program.--
       (1) Establishment.--The Secretary of Energy (in this 
     section referred to as the ``Secretary'') shall establish a 
     program to promote the development of--
       (A) integrated micro-grid systems for isolated communities; 
     and
       (B) micro-grid systems to increase the resilience of 
     critical infrastructure.
       (2) Requirements.--The program established under paragraph 
     (1) shall--
       (A) develop a feasibility assessment for--
       (i) integrated micro-grid systems in isolated communities; 
     and
       (ii) micro-grid systems to enhance the resilience of 
     critical infrastructure;
       (B) develop an implementation strategy, in accordance with 
     paragraph (3), to promote the development of integrated 
     micro-grid systems for isolated communities, particularly for 
     those communities exposed to extreme weather conditions and 
     high energy costs, including electricity, space heating and 
     cooling, and transportation;
       (C) develop an implementation strategy to promote the 
     development of micro-grid systems that increase the 
     resilience of critical infrastructure; and
       (D) carry out cost-shared demonstration projects, based 
     upon the strategies developed under subparagraph (B) that 
     include the development of physical and cybersecurity plans 
     to take appropriate measures to protect and secure the 
     electric grid.
       (3) Requirements for strategy.--In developing the strategy 
     under paragraph (2)(B), the Secretary shall consider--
       (A) opportunities for improving the efficiency of existing 
     integrated micro-grid systems;
       (B) the capacity of the local workforce to operate, 
     maintain, and repair a integrated micro-grid system as well 
     as opportunities to improve that capacity;
       (C) leveraging existing capacity within local or regional 
     research organizations, such as organizations based at 
     institutions of higher education, to support development of 
     integrated micro-grid systems, including by testing novel 
     components and systems prior to field deployment;
       (D) the need for basic infrastructure to develop, deploy, 
     and sustain a integrated micro-grid system;

[[Page H7693]]

       (E) input of traditional knowledge from local leaders of 
     isolated communities in the development of a integrated 
     micro-grid system;
       (F) the impact of integrated micro-grid systems on defense, 
     homeland security, economic development, and environmental 
     interests;
       (G) opportunities to leverage existing interagency 
     coordination efforts and recommendations for new interagency 
     coordination efforts to minimize unnecessary overhead, 
     mobilization, and other project costs; and
       (H) any other criteria the Secretary determines 
     appropriate.
       (c) Collaboration.--The program established under 
     subsection (b)(1) shall be carried out in collaboration with 
     relevant stakeholders, including, as appropriate--
       (1) States;
       (2) Indian Tribes;
       (3) regional entities and regulators;
       (4) units of local government;
       (5) institutions of higher education; and
       (6) private sector entities.
       (d) Report.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter until calendar 
     year 2029, the Secretary shall submit to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives a 
     report on the efforts to implement the program established 
     under subsection (b)(1) and the status of the strategy 
     developed under subsection (b)(2)(B).
       (e) Barriers and Benefits to Micro-grid Systems.--
       (1) Report.--Not later than 270 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report on the benefits of, and barriers to, 
     implementing resilient micro-grid systems that are--
       (A)(i) owned or operated by an isolated community, rural 
     electric cooperative, or municipal government; or
       (ii) operated on behalf of a municipal government or rural 
     electric cooperative; and
       (B) designed to maximize the use of--
       (i) energy-generation facilities owned or operated by 
     isolated communities; or
       (ii) a municipal or rural electric cooperative energy-
     generation facility.
       (2) Grants to overcome barriers.--The Secretary shall award 
     grants of not more than $500,000 to not fewer than 20 
     municipal governments, rural electric cooperatives, or 
     isolated communities, up to a total of $15,000,000, each year 
     to assist those municipal governments, rural electric 
     cooperatives, and isolated communities in overcoming the 
     barriers identified in the report under paragraph (1).

     SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Technical Amendments.--
       (1) Energy independence and security act of 2007.--Section 
     1(b) of the Energy Independence and Security Act of 2007 is 
     amended in the table of contents--
       (A) by inserting the following after the item related to 
     section 136:

``Sec. 137. Research and development into integrating electric vehicles 
              onto the electric grid.'';
       (B) by inserting the following after the item related to 
     section 1304:

``Sec. 1304A. Smart grid modeling, visualization, architecture, and 
              controls.''; and
       (C) by inserting the following after the item related to 
     section 1309:

``Sec. 1310. Integrated energy systems.
``Sec. 1311. Advisory committee.''.
       (2) Energy policy act of 2005.--Section 1(b) of the Energy 
     Policy Act of 2005 is amended in the table of contents by 
     inserting the following after the item related to section 
     935:

``Sec. 936. Research and development into integrating renewable energy 
              onto the electric grid.''.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) to carry out section 8006 and the amendments made by 
     sections 8001, 8002, and 8005 of this title--
       (A) $175,000,000 for fiscal year 2021;
       (B) $180,000,000 for fiscal year 2022;
       (C) $185,000,000 for fiscal year 2023;
       (D) $190,000,000 for fiscal year 2024; and
       (E) $199,500,000 for fiscal year 2025;
       (2) to carry out sections 8007, 8008, 8009, 8010, and 8011 
     of this title $175,000,000 for each of fiscal years 2021 
     through 2025;
       (3) to carry out section 8003 of this title--
       (A) $21,000,000 for fiscal year 2021;
       (B) $22,050,000 for fiscal year 2022;
       (C) $23,153,000 for fiscal year 2023;
       (D) $24,310,000 for fiscal year 2024; and
       (E) $25,525,000 for fiscal year 2025; and
       (4) to carry out section 8004 of this title--
       (A) $52,500,000 for fiscal year 2021;
       (B) $55,152,000 for fiscal year 2022;
       (C) $57,882,000 for fiscal year 2023;
       (D) $60,775,000 for fiscal year 2024; and
       (E) $63,814,000 for fiscal year 2025.

     SEC. 8013. INDIAN ENERGY.

       (a) Definition of Indian Land.--Section 2601(2) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
       (1) in subparagraph (B)(iii), by striking ``and'';
       (2) in subparagraph (C), by striking ``land.'' and 
     inserting ``land;''; and
       (3) by adding at the end the following subparagraphs:
       ``(D) any land located in a census tract in which the 
     majority of residents are Natives (as defined in section 3(b) 
     of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1602(b))); and
       ``(E) any land located in a census tract in which the 
     majority of residents are persons who are enrolled members of 
     a federally recognized Tribe or village.''.
       (b) Reduction of Cost Share.--Section 2602(b)(5) of the 
     Energy Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended 
     by adding at the end the following subparagraphs:
       ``(D) The Secretary of Energy may reduce any applicable 
     cost share required of an Indian tribe, intertribal 
     organization, or tribal energy development organization in 
     order to receive a grant under this subsection to not less 
     than 10 percent if the Indian tribe, intertribal 
     organization, or tribal energy development organization meets 
     criteria developed by the Secretary of Energy, including 
     financial need.
       ``(E) Section 988 of the Energy Policy Act of 2005 (42 
     U.S.C. 16352) shall not apply to assistance provided under 
     this subsection.''.
       (c) Authorization of Appropriations.--Section 2602(b)(7) of 
     the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is 
     amended by striking `` $20,000,000 for each of fiscal years 
     2006 through 2016'' and inserting `` $30,000,000 for each of 
     fiscal years 2021 through 2025''.

     SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.

       (a) Assessment.--The Secretary of Energy shall conduct an 
     assessment of the status of access to electricity by 
     households residing in Tribal communities or on Indian land, 
     and the reliability of electric service available to 
     households residing in Tribal communities or on Indian land, 
     as compared to the status of access to and reliability of 
     electricity within neighboring States or within the State in 
     which Indian land is located.
       (b) Consultation.--The Secretary of Energy shall consult 
     with Indian Tribes, Tribal organizations, the North American 
     Electricity Reliability Corporation, and the Federal Energy 
     Regulatory Commission in the development and conduct of the 
     assessment under subsection (a). Indian Tribes and Tribal 
     organizations shall have the opportunity to review and make 
     recommendations regarding the development of the assessment 
     and the findings of the assessment, prior to the submission 
     of the report under subsection (c).
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary of Energy shall submit 
     to the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the results of the 
     assessment conducted under subsection (a), which shall 
     include--
       (1) a description of generation, transmission, and 
     distribution assets available to provide electricity to 
     households residing in Tribal communities or on Indian land;
       (2) a survey of the retail and wholesale prices of 
     electricity available to households residing in Tribal 
     communities or on Indian land;
       (3) a description of participation of Tribal members in the 
     electric utility workforce, including the workforce for 
     construction and maintenance of renewable energy resources 
     and distributed energy resources;
       (4) the percentage of households residing in Tribal 
     communities or on Indian land that do not have access to 
     electricity;
       (5) the potential of distributed energy resources to 
     provide electricity to households residing in Tribal 
     communities or on Indian land;
       (6) the potential for tribally-owned electric utilities or 
     electric utility assets to participate in or benefit from 
     regional electricity markets;
       (7) a description of the barriers to providing access to 
     electric service to households residing in Tribal communities 
     or on Indian land; and
       (8) recommendations to improve access to and reliability of 
     electric service for households residing in Tribal 
     communities or on Indian land.
       (d) Definitions.--In this section:
       (1) Tribal member.--The term ``Tribal member'' means a 
     person who is an enrolled member of a federally recognized 
     Tribe or village.
       (2) Tribal community.--The term ``Tribal community'' means 
     a community in a United States census tract in which the 
     majority of residents are persons who are enrolled members of 
     a federally recognized Tribe or village.

     SEC. 8015. NET METERING STUDY AND EVALUATION.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Energy shall seek to 
     enter into an agreement with the National Academies of 
     Sciences, Engineering, and Medicine (referred to in this 
     section as the ``National Academies'') under which the 
     National Academies shall--
       (1) study the opportunities and challenges associated with 
     net metering; and
       (2) evaluate the expected medium- and long-term impacts of 
     net metering.
       (b) Elements.--The study and evaluation conducted pursuant 
     to the agreement entered into under subsection (a) shall 
     address--
       (1) developments in net metering, including the emergence 
     of new technologies;
       (2) alternatives to existing metering systems that--
       (A) provide for transactions that--
       (i) measure electric energy consumption by an electric 
     consumer at the home or facility of that electric consumer; 
     and
       (ii) are capable of sending electric energy usage 
     information through a communications network to an electric 
     utility;
       (B) promote equitable distribution of resources and costs; 
     and
       (C) provide incentives for the use of distributed renewable 
     generation;
       (3) net metering planning and operating techniques;
       (4) effective architecture for net metering;
       (5) successful net metering business models;
       (6) consumer and industry incentives for net metering;
       (7) the role of renewable resources in the electric grid;

[[Page H7694]]

       (8) the role of net metering in developing future models 
     for renewable infrastructure; and
       (9) the use of battery storage with net metering.
       (c) Report.--
       (1) In general.--The agreement entered into under 
     subsection (a) shall require the National Academies to submit 
     to the Secretary of Energy, not later than 2 years after 
     entering into the agreement, a report that describes the 
     results of the study and evaluation conducted pursuant to the 
     agreement.
       (2) Public availability.--The report submitted under 
     paragraph (1) shall be made available to the public through 
     electronic means, including the internet.

               TITLE IX--DEPARTMENT OF ENERGY INNOVATION

     SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS.

       Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 
     16391) is amended--
       (1) by striking subsection (a) and all that follows through 
     ``The Coordinator'' in subsection (b) and inserting the 
     following:
       ``(a) Office of Technology Transitions.--
       ``(1) Establishment.--There is established within the 
     Department an Office of Technology Transitions (referred to 
     in this section as the `Office').
       ``(2) Mission.--The mission of the Office shall be--
       ``(A) to expand the commercial impact of the research 
     investments of the Department; and
       ``(B) to focus on commercializing technologies that support 
     the missions of the Department, including reducing greenhouse 
     gas emissions and other pollutants.
       ``(3) Goals.--
       ``(A) In general.--In carrying out the mission and 
     activities of the Office, the Chief Commercialization Officer 
     appointed under paragraph (4) shall, with respect to 
     commercialization activities, meet all of the goals described 
     in subparagraph (B).
       ``(B) Goals described.--The goals referred to in 
     subparagraph (A) are the following:
       ``(i) Reduction of greenhouse gas emissions and other 
     pollutants.
       ``(ii) Ensuring economic competitiveness.
       ``(iii) Enhancement of domestic energy security and 
     national security.
       ``(iv) Enhancement of domestic jobs.
       ``(v) Improvement of energy efficiency.
       ``(vi) Any other goals to support the transfer of 
     technology developed by Department-funded programs to the 
     private sector, as consistent with missions of the 
     Department.
       ``(4) Chief commercialization officer.--
       ``(A) In general.--The Office shall be headed by an 
     officer, who shall be known as the `Chief Commercialization 
     Officer', and who shall report directly to, and be appointed 
     by, the Secretary.
       ``(B) Principal advisor.--The Chief Commercialization 
     Officer shall be the principal advisor to the Secretary on 
     all matters relating to technology transfer and 
     commercialization.
       ``(C) Qualifications.--The Chief Commercialization 
     Officer'';
       (2) in subsection (c)--
       (A) in paragraph (1), by striking ``subsection (d)'' and 
     inserting ``subsection (b)'';
       (B) by redesignating paragraphs (1) through (4) as clauses 
     (i) through (iv), respectively, and indenting appropriately; 
     and
       (C) by striking the subsection designation and heading and 
     all that follows through ``The Coordinator'' in the matter 
     preceding clause (i) (as so redesignated) and inserting the 
     following:
       ``(D) Duties.--The Chief Commercialization Officer'';
       (3) by adding at the end of subsection (a) (as amended by 
     paragraph (2)(C)) the following:
       ``(5) Coordination.--In carrying out the mission and 
     activities of the Office, the Chief Commercialization Officer 
     shall coordinate with the senior leadership of the 
     Department, other relevant program offices of the Department, 
     National Laboratories, the Technology Transfer Working Group 
     established under subsection (b), the Technology Transfer 
     Policy Board, and other stakeholders (including private 
     industry).'';
       (4) by redesignating subsections (d) through (h) as 
     subsections (b) through (f), respectively;
       (5) in subsection (f) (as so redesignated), by striking 
     ``subsection (e)'' and inserting ``subsection (c)''; and
       (6) by adding at the end the following:
       ``(g) Additional Technology Transfer Programs.--The 
     Secretary may develop additional programs to--
       ``(1) support regional energy innovation systems;
       ``(2) support clean energy incubators;
       ``(3) provide small business vouchers;
       ``(4) provide financial and technical assistance for 
     entrepreneurial fellowships at national laboratories;
       ``(5) encourage students, energy researchers, and national 
     laboratory employees to develop entrepreneurial skillsets and 
     engage in entrepreneurial opportunities;
       ``(6) support private companies and individuals in 
     partnering with National Laboratories; and
       ``(7) further support the mission and goals of the 
     Office.''.

     SEC. 9002. LAB PARTNERING SERVICE PILOT PROGRAM.

       (a) Pilot Program.--
       (1) In general.--The Secretary of Energy (in this section 
     referred to as the ``Secretary''), acting through the Chief 
     Commercialization Officer established in section 1001(a) of 
     the Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall 
     establish a Lab Partnering Service Pilot Program (hereinafter 
     in this section referred to as the ``pilot program'').
       (2) Purposes.--The purposes of the pilot program are to 
     provide services that encourage and support partnerships 
     between the National Laboratories and public and private 
     sector entities, and to improve communication of research, 
     development, demonstration, and commercial application 
     projects and opportunities at the National Laboratories to 
     potential partners through the development of a website and 
     the provision of services, in collaboration with relevant 
     external entities, and to identify and develop metrics 
     regarding the effectiveness of such partnerships.
       (3) Activities.--In carrying out this pilot program, the 
     Secretary shall--
       (A) conduct outreach to and engage with relevant public and 
     private entities;
       (B) identify and disseminate best practices for 
     strengthening connections between the National Laboratories 
     and public and private sector entities; and
       (C) develop a website to disseminate information on--
       (i) different partnering mechanisms for working with the 
     National Laboratories;
       (ii) National Laboratory experts and research areas; and
       (iii) National Laboratory facilities and user facilities.
       (b) Metrics.--The Secretary shall support the development 
     of metrics, including conversion metrics, to determine the 
     effectiveness of the pilot program in achieving the purposes 
     in subsection (a) and the number and types of partnerships 
     established between public and private sector entities and 
     the National Laboratories compared to baseline data.
       (c) Coordination.--In carrying out the activities 
     authorized in this section, the Secretary shall coordinate 
     with the Directors of (and dedicated technology transfer 
     staff at) the National Laboratories, in particular for 
     matchmaking services for individual projects, which should be 
     led by the National Laboratories.
       (d) Funding Employee Partnering Activities.--The Secretary 
     shall delegate to the Directors of each National Laboratory 
     and single-purpose research facility of the Department the 
     authority to compensate National Laboratory employees 
     providing services under this section.
       (e) Duration.--Subject to the availability of 
     appropriations, the pilot program established in this section 
     shall operate for not less than 3 years and may be built off 
     an existing program.
       (f) Evaluation.--Not later than 6 months after the 
     completion of this pilot program, the Secretary shall support 
     the evaluation of the success of the pilot program in 
     achieving the purposes in subsection (a) and shall submit the 
     evaluation to the Committee on Science, Space, and Technology 
     of the House of Representatives and the Committee on Energy 
     and Natural Resources of the Senate. The assessment shall 
     include analyses of the performance of the pilot program 
     based on the metrics developed under subsection (b).
       (g) Definition.--In this section, the term ``National 
     Laboratory'' has the meaning given such term in section 2(3) 
     of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

     SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND.

       Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C. 
     16391(e)) is amended to read as follows:
       ``(e) Technology Commercialization Fund.--
       ``(1) Establishment.--The Secretary, acting through the 
     Chief Commercialization Officer established in section 
     1001(a) of the Energy Policy Act of 2005 (42 U.S.C. 
     16391(a)), shall establish a Technology Commercialization 
     Fund (hereafter referred to as the `Fund'), using nine-tenths 
     of one percent of the amount of appropriations made available 
     to the Department for applied energy research, development, 
     demonstration, and commercial application for each fiscal 
     year, to be used to provide, in accordance with the cost-
     sharing requirements under section 988, funds to private 
     partners, including national laboratories, to promote 
     promising energy technologies for commercial purposes.
       ``(2) Applications.--
       ``(A) Considerations.--The Secretary shall develop criteria 
     for evaluating applications for funding under this section, 
     which may include--
       ``(i) the potential that a proposed technology will result 
     in a commercially successful product within a reasonable 
     timeframe; and
       ``(ii) the relative maturity of a proposed technology for 
     commercial application.
       ``(B) Selections.--In awarding funds under this section, 
     the Secretary may give special consideration to applications 
     that involve at least one applicant that has participated in 
     an entrepreneurial or commercialization training program, 
     such as Energy Innovation Corps.
       ``(f) Annual Report.--The Secretary shall include in the 
     annual report required under section 9007(a) of the Energy 
     Act of 2020--
       ``(1) description of the projects carried out with awards 
     from the Fund for that fiscal year;
       ``(2) each project's cost-share for that fiscal year; and
       ``(3) each project's partners for that fiscal year.
       ``(g) Technology Commercialization Fund Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of the Energy Act of 2020, the Secretary shall 
     submit to the Committee on Science, Space, and Technology and 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Energy and Natural Resources and 
     Committee on Appropriations of the Senate a report on the 
     current and recommended implementation of the Fund.
       ``(2) Contents.--The report under subparagraph (A) shall 
     include--
       ``(A) a summary, with supporting data, of how much 
     Department program offices contribute to and use the Fund 
     each year, including a list of current funding restrictions;

[[Page H7695]]

       ``(B) recommendations on how to improve implementation and 
     administration of the Fund; and
       ``(C) an analysis on how to spend funds optimally on 
     technology areas that have the greatest need and opportunity 
     for commercial application, rather than spending funds at the 
     programmatic level or under current funding restrictions.''.

     SEC. 9004. STREAMLINING PRIZE COMPETITIONS.

       Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 
     16396) is amended by inserting after subsection (d) the 
     following (and redesignating subsections (f) and (g) as 
     subsections (g) and (h), respectively):
       ``(e) Coordination.--In carrying out subsection (a), and 
     for any prize competitions under section 105 of the America 
     Creating Opportunities to Meaningfully Promote Excellence in 
     Technology, Education, and Science Reauthorization Act of 
     2010, the Secretary shall--
       ``(1) issue Department-wide guidance on the design, 
     development, and implementation of prize competitions;
       ``(2) collect and disseminate best practices on the design 
     and administration of prize competitions;
       ``(3) streamline contracting mechanisms for the 
     implementation of prize competitions; and
       ``(4) provide training and prize competition design 
     support, as necessary, to Department staff to develop prize 
     competitions and challenges.''.

     SEC. 9005. MILESTONE-BASED DEMONSTRATION PROJECTS.

       (a) In General.--Acting under section 646(g) of the 
     Department of Energy Organization Act (42 U.S.C. 7256(g)), 
     notwithstanding paragraph (10) of such section, the Secretary 
     of Energy (in this section referred to as the ``Secretary'') 
     may carry out demonstration projects as a milestone-based 
     demonstration project that requires particular technical and 
     financial milestones to be met before a participant is 
     awarded grants by the Department through a competitive award 
     process.
       (b) Requirements.--In carrying out milestone-based 
     demonstration projects under the authority in paragraph (1), 
     the Secretary shall, for each relevant project--
       (1) request proposals from eligible entities, as determined 
     by the Secretary, including--
       (A) a business plan, that may include a plan for scalable 
     manufacturing and a plan for addressing supply chain gaps;
       (B) a plan for raising private sector investment; and
       (C) proposed technical and financial milestones, including 
     estimated project timelines and total costs; and
       (2) award funding of a predetermined amount to projects 
     that successfully meet proposed milestones under paragraph 
     (1)(C) or for expenses deemed reimbursable by the Secretary, 
     in accordance with terms negotiated for an individual award;
       (3) require cost sharing in accordance with section 988 of 
     the Energy Policy Act of 2005; and
       (4) communicate regularly with selected eligible entities 
     and, if the Secretary deems appropriate, exercise small 
     amounts of flexibility for technical and financial milestones 
     as projects mature.
       (c) Awards.--For the program established under subsection 
     (a)--
       (1) an award recipient shall be responsible for all costs 
     until milestones are achieved, or reimbursable expenses are 
     reviewed and verified by the Department; and
       (2) should an awardee not meet the milestones described in 
     subsection (a), the Secretary or their designee may end the 
     partnership with an award recipient and use the remaining 
     funds in the ended agreement for new or existing projects 
     carried out under this section.
       (d) Project Management.--In carrying out projects under 
     this program and assessing the completion of their milestones 
     in accordance with subsection (b), the Secretary shall 
     consult with experts that represent diverse perspectives and 
     professional experiences, including those from the private 
     sector, to ensure a complete and thorough review.
       (e) Report.--In accordance with section 9007(a), the 
     Secretary shall report annually on any demonstration projects 
     carried out using the authorities under this section.

     SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION.

       (a) Subsection 646(g)(10) of the Department of Energy 
     Organization Act (42 U.S.C. 7256(g)(10)) is amended by 
     striking ``September 30, 2020'' and inserting ``September 30, 
     2030''.
       (b) The provisions of section 602 of the Public Works and 
     Economic Development Act of 1965 (42 U.S.C. 3212) shall apply 
     with respect to construction, alteration, or repair work of 
     demonstration projects funded by grants or contracts 
     authorized under sections 3001, 3003, 3004, 5001, and 8007 
     and the amendments made by such sections.

     SEC. 9007. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.

       (a) Annual Report.--As part of the updated technology 
     transfer execution plan required each year under section 
     1001(h)(2) of the Energy Policy Act of 2005 (42 U.S.C. 
     16391(g)(2)), the Secretary of Energy (in this section 
     referred to as the ``Secretary'') shall submit to the 
     Committee on Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the progress and 
     implementation of programs established under sections 9001, 
     9002, 9003, 9004, and 9005 of this Act.
       (b) Evaluation.--Not later than 3 years after the enactment 
     of this Act and every 3 years thereafter the Secretary shall 
     submit to the Committee on Science, Space, and Technology of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate an evaluation on the extent 
     to which programs established under sections 9001, 9002, 
     9003, 9004, and 9005 of this Act are achieving success based 
     on relevant short-term and long-term metrics.
       (c) Report on Technology Transfer Gaps.--Not later than 3 
     years after the enactment of this Act, the Secretary shall 
     enter into an agreement with the National Academies of 
     Science, Engineering, and Medicine to submit to the Committee 
     on Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on programmatic gaps that 
     exist to advance the commercial application of technologies 
     developed at the National Laboratories (as defined in section 
     2(3) of the Energy Policy Act of 2005 (42 U.S.C. 15801(3))).

     SEC. 9008. VETERANS' HEALTH INITIATIVE.

       (a) Purposes.--The purposes of this section are to advance 
     Department of Energy expertise in artificial intelligence and 
     high-performance computing in order to improve health 
     outcomes for veteran populations by--
       (1) supporting basic research through the application of 
     artificial intelligence, high-performance computing, modeling 
     and simulation, machine learning, and large-scale data 
     analytics to identify and solve outcome-defined challenges in 
     the health sciences;
       (2) maximizing the impact of the Department of Veterans 
     Affairs' health and genomics data housed at the National 
     Laboratories, as well as data from other sources, on science, 
     innovation, and health care outcomes through the use and 
     advancement of artificial intelligence and high-performance 
     computing capabilities of the Department;
       (3) promoting collaborative research through the 
     establishment of partnerships to improve data sharing between 
     Federal agencies, National Laboratories, institutions of 
     higher education, and nonprofit institutions;
       (4) establishing multiple scientific computing user 
     facilities to house and provision available data to foster 
     transformational outcomes; and
       (5) driving the development of technology to improve 
     artificial intelligence, high-performance computing, and 
     networking relevant to mission applications of the 
     Department, including modeling, simulation, machine learning, 
     and advanced data analytics.
       (b) Veterans Health Research and Development.--
       (1) In general.--The Secretary of Energy (in this section 
     referred to as the ``Secretary'') shall establish and carry 
     out a research program in artificial intelligence and high-
     performance computing, focused on the development of tools to 
     solve large-scale data analytics and management challenges 
     associated with veteran's healthcare, and to support the 
     efforts of the Department of Veterans Affairs to identify 
     potential health risks and challenges utilizing data on long-
     term healthcare, health risks, and genomic data collected 
     from veteran populations. The Secretary shall carry out this 
     program through a competitive, merit-reviewed process, and 
     consider applications from National Laboratories, 
     institutions of higher education, multi-institutional 
     collaborations, and other appropriate entities.
       (2) Program components.--In carrying out the program 
     established under paragraph (1), the Secretary may--
       (A) conduct basic research in modeling and simulation, 
     machine learning, large-scale data analytics, and predictive 
     analysis in order to develop novel or optimized algorithms 
     for prediction of disease treatment and recovery;
       (B) develop methods to accommodate large data sets with 
     variable quality and scale, and to provide insight and models 
     for complex systems;
       (C) develop new approaches and maximize the use of 
     algorithms developed through artificial intelligence, machine 
     learning, data analytics, natural language processing, 
     modeling and simulation, and develop new algorithms suitable 
     for high-performance computing systems and large biomedical 
     data sets;
       (D) advance existing and construct new data enclaves 
     capable of securely storing data sets provided by the 
     Department of Veterans Affairs, Department of Defense, and 
     other sources; and
       (E) promote collaboration and data sharing between National 
     Laboratories, research entities, and user facilities of the 
     Department by providing the necessary access and secure data 
     transfer capabilities.
       (3) Coordination.--In carrying out the program established 
     under paragraph (1), the Secretary is authorized--
       (A) to enter into memoranda of understanding in order to 
     carry out reimbursable agreements with the Department of 
     Veterans Affairs and other entities in order to maximize the 
     effectiveness of Department research and development to 
     improve veterans' healthcare;
       (B) to consult with the Department of Veterans Affairs and 
     other Federal agencies as appropriate; and
       (C) to ensure that data storage meets all privacy and 
     security requirements established by the Department of 
     Veterans Affairs, and that access to data is provided in 
     accordance with relevant Department of Veterans Affairs data 
     access policies, including informed consent.
       (4) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources and the Committee 
     on Veterans' Affairs of the Senate, and the Committee on 
     Science, Space, and Technology and the Committee on Veterans' 
     Affairs of the House of Representatives, a report detailing 
     the effectiveness of--
       (A) the interagency coordination between each Federal 
     agency involved in the research program carried out under 
     this subsection;
       (B) collaborative research achievements of the program; and
       (C) potential opportunities to expand the technical 
     capabilities of the Department.
       (5) Funding.--There is authorized to be appropriated to the 
     Secretary of Veterans Affairs

[[Page H7696]]

     to carry out this subsection $27,000,000 for fiscal year 
     2021.
       (c) Interagency Collaboration.--
       (1) In general.--The Secretary is authorized to carry out 
     research, development, and demonstration activities to 
     develop tools to apply to big data that enable Federal 
     agencies, institutions of higher education, nonprofit 
     research organizations, and industry to better leverage the 
     capabilities of the Department to solve complex, big data 
     challenges. The Secretary shall carry out these activities 
     through a competitive, merit-reviewed process, and consider 
     applications from National Laboratories, institutions of 
     higher education, multi-institutional collaborations, and 
     other appropriate entities.
       (2) Activities.--In carrying out the research, development, 
     and demonstration activities authorized under paragraph (1), 
     the Secretary may--
       (A) utilize all available mechanisms to prevent duplication 
     and coordinate research efforts across the Department;
       (B) establish multiple user facilities to serve as data 
     enclaves capable of securely storing data sets created by 
     Federal agencies, institutions of higher education, nonprofit 
     organizations, or industry at National Laboratories; and
       (C) promote collaboration and data sharing between National 
     Laboratories, research entities, and user facilities of the 
     Department by providing the necessary access and secure data 
     transfer capabilities.
       (3) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Science, Space, and Technology of the House 
     of Representatives a report evaluating the effectiveness of 
     the activities authorized under paragraph (1).
       (4) Funding.--There are authorized to be appropriated to 
     the Secretary to carry out this subsection $15,000,000 for 
     each of fiscal years 2021 through 2025.
       (d) Definition.--In this section, the term ``National 
     Laboratory'' has the meaning given such term in section 2(3) 
     of the Energy Policy Act of 2005 (42 U.S.C. 15801(3)).

     SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND 
                   DEVELOPMENT.

       There are authorized to be appropriated to carry out 
     research, development, demonstration, and commercial 
     application activities within the Department of Energy's 
     Offices of Hydrogen and Fuel Cell Technologies, Vehicle 
     Technologies, and Bioenergy Technologies--
       (1) $830,000,000 for fiscal year 2021;
       (2) $855,000,000 for fiscal year 2022; and
       (3) $880,000,000 for fiscal year 2023.

     SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM.

       (a) Terms and Conditions.--Section 1702 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16512) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     cost of a guarantee shall be paid by the Secretary using an 
     appropriation made for the cost of the guarantee, subject to 
     the availability of such an appropriation.
       ``(2) Insufficient appropriations.--If sufficient 
     appropriated funds to pay the cost of a guarantee are not 
     available, then the guarantee shall not be made unless--
       ``(A) the Secretary has received from the borrower a 
     payment in full for the cost of the guarantee and deposited 
     the payment into the Treasury; or
       ``(B) a combination of one or more appropriations and one 
     or more payments from the borrower under this subsection has 
     been made that is sufficient to cover the cost of the 
     guarantee.'';
       (2) in subsection (d)(3), by striking ``is not 
     subordinate'' and inserting ``, including any reorganization, 
     restructuring, or termination thereof, shall not at any time 
     be subordinate'';
       (3) in subsection (h)--
       (A) by amending paragraph (1) to read as follows:
       ``(1) In general.--The Secretary shall charge, and collect 
     on or after the date of the financial close of an obligation, 
     a fee for a guarantee in an amount that the Secretary 
     determines is sufficient to cover applicable administrative 
     expenses (including any costs associated with third-party 
     consultants engaged by the Secretary).''; and
       (B) by adding at the following:
       ``(3) Reduction in fee amount.--Notwithstanding paragraph 
     (1) and subject to the availability of appropriations, the 
     Secretary may reduce the amount of a fee for a guarantee 
     under this subsection.''; and
       (4) by adding at the end the following:
       ``(l) Restructuring of Loan Guarantees.--The Secretary 
     shall consult with the Secretary of the Treasury regarding 
     any restructuring of the terms or conditions of a guarantee 
     issued pursuant to this title, including with respect to any 
     deviations from the financial terms of the guarantee.
       ``(m) Written Analysis.--
       ``(1) Requirement.--The Secretary may not make a guarantee 
     under this title until the Secretary of the Treasury has 
     transmitted to the Secretary, and the Secretary has taken 
     into consideration, a written analysis of the financial terms 
     and conditions of the proposed guarantee.
       ``(2) Transmission.--Not later than 30 days after receiving 
     information on a proposed guarantee from the Secretary, the 
     Secretary of the Treasury shall transmit the written analysis 
     of the financial terms and conditions of the proposed 
     guarantee required under paragraph (1) to the Secretary.
       ``(3) Explanation.--If the Secretary makes a guarantee the 
     financial terms and conditions of which are not consistent 
     with the written analysis required under this subsection, not 
     later than 30 days after making such guarantee, the Secretary 
     shall submit to the Committee on Energy and Commerce and the 
     Committee on Science, Space, and Technology of the House of 
     Representatives, and the Committee on Energy and Natural 
     Resources of the Senate, a written explanation of any 
     material inconsistencies.
       ``(n) Application Status.--
       ``(1) Request.--If the Secretary does not make a final 
     decision on an application for a guarantee under this title 
     by the date that is 180 days after receipt of the application 
     by the Secretary, the applicant may request, on or after that 
     date and not more than once every 60 days thereafter until a 
     final decision is made, that the Secretary provide to the 
     applicant a response described in paragraph (2).
       ``(2) Response.--Not later than 10 days after receiving a 
     request from an applicant under paragraph (1), the Secretary 
     shall provide to the applicant a response that includes--
       ``(A) a description of the current status of review of the 
     application;
       ``(B) a summary of any factors that are delaying a final 
     decision on the application, a list of what items are 
     required in order to reach a final decision, citations to 
     authorities stating the reasons why such items are required, 
     and a list of actions the applicant can take to expedite the 
     process; and
       ``(C) an estimate of when a final decision on the 
     application will be made.
       ``(o) Outreach.--In carrying out this title, the Secretary 
     shall--
       ``(1) provide assistance with the completion of 
     applications for a guarantee under this title;
       ``(2) conduct outreach, including through conferences and 
     online programs, to disseminate information to potential 
     applicants;
       ``(3) conduct outreach to encourage participation of 
     supporting finance institutions and private lenders in 
     eligible projects.
       ``(p) Coordination.--In carrying out this title, the 
     Secretary shall coordinate activities under this title with 
     activities of other relevant offices with the Department.
       ``(q) Report.--Not later than 2 years after the date of the 
     enactment of this subsection and every 3 years thereafter, 
     the Secretary shall submit to Congress a report on the status 
     of applications for, and projects receiving, guarantees under 
     this title, including--
       ``(1) a list of such projects, including the guarantee 
     amount, construction status, and financing partners of each 
     such project;
       ``(2) the status of each such project's loan repayment, 
     including interest paid and future repayment projections;
       ``(3) an estimate of the air pollutant or greenhouse gas 
     emissions avoided or reduced from each such project;
       ``(4) data regarding the number of direct and indirect jobs 
     retained, restored, or created by such projects;
       ``(5) identification of--
       ``(A) technologies deployed by projects that have received 
     guarantees that have subsequently been deployed commercially 
     without guarantees; and
       ``(B) novel technologies that have been deployed by such 
     projects and deployed in the commercial energy market;
       ``(6) the number of new projects projected to receive a 
     guarantee under this title during the next 2 years and the 
     aggregate guarantee amount;
       ``(7) the number of outreach engagements conducted with 
     potential applicants;
       ``(8) the number of applications received and currently 
     pending for each open solicitation; and
       ``(9) any other metrics the Secretary finds appropriate.''.
       (b) Project Eligibility Expansion.--Section 1703 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16513) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, utilize'' after 
     ``reduce''; and
       (B) in paragraph (2), by striking ``.'' and inserting ``, 
     including projects that employ elements of commercial 
     technologies in combination with new or significantly 
     improved technologies.'';
       (2) in subsection (b)--
       (A) in paragraph (4), by inserting ``, including 
     manufacturing of nuclear supply components for advanced 
     nuclear reactors'' after ``facilities'';
       (B) by amending paragraph (5) to read as follows:
       ``(5) Carbon capture, utilization, and sequestration 
     practices and technologies, including--
       ``(A) agricultural and forestry practices that store and 
     sequester carbon; and
       ``(B) synthetic technologies to remove carbon from the air 
     and oceans.''; and
       (C) by adding at the end the following:
       ``(11) Energy storage technologies for residential, 
     industrial, transportation, and power generation 
     applications.
       ``(12) Technologies or processes for reducing greenhouse 
     gas emissions from industrial applications, including iron, 
     steel, cement, and ammonia production, hydrogen production, 
     and the generation of high-temperature heat.''; and
       (3) by adding at the end the following new subsection:
       ``(f) Regional Variation.--Notwithstanding subsection 
     (a)(2), the Secretary may, if regional variation 
     significantly affects the deployment of a technology, make 
     guarantees under this title for up to 6 projects that employ 
     the same or similar technology as another project, provided 
     no more than 2 projects that use the same or a similar 
     technology are located in the same region of the United 
     States.''.
       (c) Authorization of Appropriations.--Section 1704 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by 
     adding at the end the following:
       ``(c) Administrative and Other Expenses.--There are 
     authorized to be appropriated--

[[Page H7697]]

       ``(1) $32,000,000 for each of fiscal years 2021 through 
     2025 to carry out this title; and
       ``(2) for fiscal year 2021, in addition to amounts 
     authorized under paragraph (1), $25,000,000, to remain 
     available until expended, for administrative expenses 
     described in section 1702(h)(1) that are not covered by fees 
     collected pursuant to section 1702(h).''.

     SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE 
                   RESEARCH.

       Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 
     13503(b)) is amended by striking paragraph (3) and inserting 
     the following:
       ``(3) Established program to stimulate competitive 
     research.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Eligible entity.--The term `eligible entity' means an 
     institution of higher education located in an eligible 
     jurisdiction.
       ``(ii) Eligible jurisdiction.--The term `eligible 
     jurisdiction' means a State that, as determined by the 
     Secretary--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                       TITLE X--ARPA-E AMENDMENTS

     SEC. 10001. ARPA-E AMENDMENTS.

       (a) Establishment.--Section 5012(b) of the America COMPETES 
     Act (42 U.S.C. 16538(b)) is amended by striking ``development 
     of energy technologies'' and inserting ``development of 
     transformative science and technology solutions to address 
     the energy and environmental missions of the Department''.
       (b) Goals.--Section 5012(c) of the America COMPETES Act (42 
     U.S.C. 16538(c)) is amended--
       (1) by striking paragraph (1)(A) and inserting the 
     following:
       ``(A) to enhance the economic and energy security of the 
     United States through the development of energy technologies 
     that--
       ``(i) reduce imports of energy from foreign sources;
       ``(ii) reduce energy-related emissions, including 
     greenhouse gases;
       ``(iii) improve the energy efficiency of all economic 
     sectors;
       ``(iv) provide transformative solutions to improve the 
     management, clean-up, and disposal of radioactive waste and 
     spent nuclear fuel; and
       ``(v) improve the resilience, reliability, and security of 
     infrastructure to produce, deliver, and store energy; and''; 
     and
       (2) in paragraph (2), in the matter preceding subparagraph 
     (A), by striking ``energy technology projects'' and inserting 
     ``advanced technology projects''.
       (c) Responsibilities.--Section 5012(e)(3)(A) of the America 
     COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by 
     striking ``energy''.
       (d) Reports and Roadmaps.--Section 5012(h) of the America 
     COMPETES Act (42 U.S.C. 16538(h)) is amended to read as 
     follows:
       ``(h) Reports and Roadmaps.--
       ``(1) Annual report.--As part of the annual budget request 
     submitted for each fiscal year, the Director shall provide to 
     the relevant authorizing and appropriations committees of 
     Congress a report that--
       ``(A) describes projects supported by ARPA-E during the 
     previous fiscal year;
       ``(B) describes projects supported by ARPA-E during the 
     previous fiscal year that examine topics and technologies 
     closely related to other activities funded by the Department, 
     and includes an analysis of whether in supporting such 
     projects, the Director is in compliance with subsection 
     (i)(1); and
       ``(C) describes current, proposed, and planned projects to 
     be carried out pursuant to subsection (e)(3)(D).
       ``(2) Strategic vision roadmap.--Not later than October 1, 
     2021, and every four years thereafter, the Director shall 
     provide to the relevant authorizing and appropriations 
     committees of Congress a roadmap describing the strategic 
     vision that ARPA-E will use to guide the choices of ARPA-E 
     for future technology investments over the following 4 fiscal 
     years.''.
       (e) Coordination and Nonduplication.--Section 5012(i)(1) of 
     the America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended 
     to read as follows:
       ``(1) In general.--To the maximum extent practicable, the 
     Director shall ensure that--
       ``(A) the activities of ARPA-E are coordinated with, and do 
     not duplicate the efforts of, programs and laboratories 
     within the Department and other relevant research agencies; 
     and
       ``(B) ARPA-E does not provide funding for a project unless 
     the prospective grantee demonstrates sufficient attempts to 
     secure private financing or indicates that the project is not 
     independently commercially viable.''.
       (f) Evaluation.--Section 5012(l) of the America COMPETES 
     Act (42 U.S.C. 16538(l)) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) In general.--Not later than 3 years after the date of 
     enactment of this paragraph, the Secretary is authorized to 
     enter into a contract with the National Academy of Sciences 
     under which the National Academy shall conduct an evaluation 
     of how well ARPA-E is achieving the goals and mission of 
     ARPA-E.''; and
       (2) in paragraph (2)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``shall'' and inserting ``may''; and
       (B) in subparagraph (A), by striking ``the recommendation 
     of the National Academy of Sciences'' and inserting ``a 
     recommendation''.

[[Page H7698]]

       (g) Authorization of Appropriations.--Paragraph (2) of 
     section 5012(o) of the America COMPETES Act (42 U.S.C. 
     16538(o)) is amended to read as follows:
       ``(2) Authorization of appropriations.--Subject to 
     paragraph (4), there are authorized to be appropriated to the 
     Director for deposit in the Fund, without fiscal year 
     limitation--
       ``(A) $435,000,000 for fiscal year 2021;
       ``(B) $500,000,000 for fiscal year 2022;
       ``(C) $575,000,000 for fiscal year 2023;
       ``(D) $662,000,000 for fiscal year 2024; and
       ``(E) $761,000,000 for fiscal year 2025.''.
       (h) Technical Amendments.--Section 5012 of the America 
     COMPETES Act (42 U.S.C. 16538) is amended--
       (1) in subsection (g)(3)(A)(iii), by striking ``subpart'' 
     each place it appears and inserting ``subparagraph''; and
       (2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and 
     inserting ``(c)(2)(C)''.

                        TITLE XI--OTHER MATTERS

     SEC. 11001. LOW-DOSE RADIATION RESEARCH.

       (a) Low-dose Radiation Research Program.--Section 306(c) of 
     the Department of Energy Research and Innovation Act (42 
     U.S.C. 18644(c)) is amended to read as follows:
       ``(c) Low-dose Radiation Research Program.--
       ``(1) In general.--The Secretary shall carry out a research 
     program on low-dose and low dose-rate radiation to--
       ``(A) enhance the scientific understanding of, and reduce 
     uncertainties associated with, the effects of exposure to 
     low-dose and low dose-rate radiation; and
       ``(B) inform improved risk-assessment and risk-management 
     methods with respect to such radiation.
       ``(2) Program components.--In carrying out the program 
     required under paragraph (1), the Secretary shall--
       ``(A) support and carry out the directives under section 
     106(b) of the American Innovation and Competitiveness Act (42 
     U.S.C. 6601 note), except that such section shall be treated 
     for purposes of this subsection as applying to low dose and 
     low-dose rate radiation research, in coordination with the 
     Physical Science Subcommittee of the National Science and 
     Technology Council;
       ``(B) identify and, to the extent possible, quantify, 
     potential monetary and health-related impacts to Federal 
     agencies, the general public, industry, research communities, 
     and other users of information produced by such research 
     program;
       ``(C) leverage the collective body of knowledge from 
     existing low-dose and low dose-rate radiation research;
       ``(D) engage with other Federal agencies, research 
     communities, and potential users of information produced 
     under this section, including institutions performing or 
     utilizing radiation research, medical physics, radiology, 
     health physics, and emergency response measures; and
       ``(E) support education and outreach activities to 
     disseminate information and promote public understanding of 
     low-dose radiation, with a focus on non-emergency situations 
     such as medical physics, space exploration, and naturally 
     occurring radiation.
       ``(3) Research plan.--
       ``(A) Not later than 90 days after the date of enactment of 
     the Energy Act of 2020, the Secretary shall enter into an 
     agreement with the National Academy of Sciences to develop a 
     long-term strategic and prioritized research agenda for the 
     program described in paragraph (2);
       ``(B) Not later than one year after the date of enactment 
     of the Energy Act of 2020, the Secretary shall transmit this 
     research plan developed in subparagraph (A) to the Committee 
     on Science, Space, and Technology of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       ``(4) GAO study.--Not later than 3 years after the date of 
     enactment of the Energy Act of 2020, the Comptroller General 
     shall transmit to the Committee on Science, Space, and 
     Technology of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate, a report on:
       ``(A) an evaluation of the program activities carried out 
     under this section;
       ``(B) the effectiveness of the coordination and management 
     of the program; and
       ``(C) the implementation of the research plan outlined in 
     paragraph (3).
       ``(6) Definitions.--In this subsection:
       ``(A) Low-dose radiation.--The term `low-dose radiation' 
     means a radiation dose of less than 100 millisieverts.
       ``(B) Low dose-rate radiation.--The term `low dose-rate 
     radiation' means a radiation dose rate of less than 5 
     millisieverts per hour.
       ``(7) Rule of construction.--Nothing in this subsection 
     shall be construed to subject any research carried out by the 
     Secretary for the program under this subsection to any 
     limitations described in section 977(e) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16317(e)).
       ``(8) Funding.--For purposes of carrying out this 
     subsection, the Secretary is authorized to make available 
     from funds provided to the Biological and Environmental 
     Research Program--
       ``(A) $20,000,000 for fiscal year 2021;
       ``(B) $20,000,000 for fiscal year 2022;
       ``(C) $30,000,000 for fiscal year 2023; and
       ``(D) $40,000,000 for fiscal year 2024.''.
       (b) Space Radiation Research.--Section 306 of the 
     Department of Energy Research and Innovation Act (42 U.S.C. 
     18644) is amended by adding at the end the following:
       ``(d) Space Radiation Research.--The Secretary of Energy, 
     shall continue and strengthen collaboration with the 
     Administrator of the National Aeronautics and Space 
     Administration on basic research to understand the effects 
     and risks of human exposure to ionizing radiation in low 
     Earth orbit, and in the space environment.''.

     SEC. 11002. AUTHORIZATION.

       Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation 
     Control Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by 
     striking ``September 30, 2023'' and inserting ``September 30, 
     2031''.

     SEC. 11003. SENSE OF CONGRESS.

       It is the sense of Congress that in order to reduce 
     emissions and meet 100 percent of the power demand in the 
     United States through clean, renewable, or zero emission 
     energy sources while maintaining United States leadership in 
     science and technology, the Secretary of Energy must 
     prioritize funding for critical fundamental research 
     infrastructure and for basic research and development 
     activities carried out through the Office of Science.

     SEC. 11004. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES 
                   AND OTHER PERSONNEL OF THE FEDERAL ENERGY 
                   REGULATORY COMMISSION.

       (a) In General.--Section 401 of the Department of Energy 
     Organization Act (42 U.S.C. 7171) is amended by adding at the 
     end the following:
       ``(k) Addressing Insufficient Compensation of Employees and 
     Other Personnel of the Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, if the Chairman of the Commission publicly certifies 
     that compensation for a category of employees or other 
     personnel of the Commission is insufficient to retain or 
     attract employees and other personnel to allow the Commission 
     to carry out the functions of the Commission in a timely, 
     efficient, and effective manner, the Chairman may fix the 
     compensation for the category of employees or other personnel 
     without regard to chapter 51 and subchapter III of chapter 53 
     of title 5, United States Code, or any other civil service 
     law.
       ``(2) Certification requirements.--A certification issued 
     under paragraph (1) shall--
       ``(A) apply with respect to a category of employees or 
     other personnel responsible for conducting work of a 
     scientific, technological, engineering, or mathematical 
     nature;
       ``(B) specify a maximum amount of reasonable compensation 
     for the category of employees or other personnel;
       ``(C) be valid for a 5-year period beginning on the date on 
     which the certification is issued;
       ``(D) be no broader than necessary to achieve the objective 
     of retaining or attracting employees and other personnel to 
     allow the Commission to carry out the functions of the 
     Commission in a timely, efficient, and effective manner; and
       ``(E) include an explanation for why the other approaches 
     available to the Chairman for retaining and attracting 
     employees and other personnel are inadequate.
       ``(3) Renewal.--
       ``(A) In general.--Not later than 90 days before the date 
     of expiration of a certification issued under paragraph (1), 
     the Chairman shall determine whether the certification should 
     be renewed for a subsequent 5-year period. 
       ``(B) Requirement.--If the Chairman determines that a 
     certification should be renewed under subparagraph (A), the 
     Chairman may renew the certification, subject to the 
     certification requirements under paragraph (2) that were 
     applicable to the initial certification.
       ``(4) New hires.--
       ``(A) In general.--An employee or other personnel that is a 
     member of a category of employees or other personnel that 
     would have been covered by a certification issued under 
     paragraph (1), but was hired during a period in which the 
     certification has expired and has not been renewed under 
     paragraph (3) shall not be eligible for compensation at the 
     level that would have applied to the employee or other 
     personnel if the certification had been in effect on the date 
     on which the employee or other personnel was hired.
       ``(B) Compensation of new hires on renewal.--On renewal of 
     a certification under paragraph (3), the Chairman may fix the 
     compensation of the employees or other personnel described in 
     subparagraph (A) at the level established for the category of 
     employees or other personnel in the certification.
       ``(5) Retention of level of fixed compensation.--A category 
     of employees or other personnel, the compensation of which 
     was fixed by the Chairman in accordance with paragraph (1), 
     may, at the discretion of the Chairman, have the level of 
     fixed compensation for the category of employees or other 
     personnel retained, regardless of whether a certification 
     described under that paragraph is in effect with respect to 
     the compensation of the category of employees or other 
     personnel.
       ``(6) Consultation required.--The Chairman shall consult 
     with the Director of the Office of Personnel Management in 
     implementing this subsection, including in the determination 
     of the amount of compensation with respect to each category 
     of employees or other personnel.
       ``(7) Experts and consultants.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Chairman may--
       ``(i) obtain the services of experts and consultants in 
     accordance with section 3109 of title 5, United States Code;
       ``(ii) compensate those experts and consultants for each 
     day (including travel time) at rates not in excess of the 
     rate of pay for level IV of the Executive Schedule under 
     section 5315 of that title; and
       ``(iii) pay to the experts and consultants serving away 
     from the homes or regular places of business of the experts 
     and consultants travel expenses and per diem in lieu of 
     subsistence at rates authorized by sections 5702 and 5703 of 
     that title for persons in Government service employed 
     intermittently.
       ``(B) Limitations.--The Chairman shall--
       ``(i) to the maximum extent practicable, limit the use of 
     experts and consultants pursuant to subparagraph (A); and

[[Page H7699]]

       ``(ii) ensure that the employment contract of each expert 
     and consultant employed pursuant to subparagraph (A) is 
     subject to renewal not less frequently than annually.''.
       (b) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and every 2 years thereafter for 10 
     years, the Chairman of the Federal Energy Regulatory 
     Commission shall submit to the Committee on Energy and 
     Commerce of the House of Representatives and the Committee on 
     Energy and Natural Resources of the Senate a report on 
     information relating to hiring, vacancies, and compensation 
     at the Federal Energy Regulatory Commission.
       (2) Inclusions.--Each report under paragraph (1) shall 
     include--
       (A) an analysis of any trends with respect to hiring, 
     vacancies, and compensation at the Federal Energy Regulatory 
     Commission; and
       (B) a description of the efforts to retain and attract 
     employees or other personnel responsible for conducting work 
     of a scientific, technological, engineering, or mathematical 
     nature at the Federal Energy Regulatory Commission.
       (c) Applicability.--The amendment made by subsection (a) 
     shall apply beginning on the date that is 30 days after the 
     date of enactment of this Act.

     SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF 
                   ENERGY TO IMPLEMENT FLEXIBLE COMPENSATION 
                   MODELS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Energy shall submit to Congress a 
     report examining the full scope of the hiring authority made 
     available to the Secretary of Energy by the Office of 
     Personnel Management to implement flexible compensation 
     models, including pay for performance and pay banding, 
     throughout the Department of Energy, including at the 
     National Laboratories, for the purposes of hiring, 
     recruiting, and retaining employees responsible for 
     conducting work of a scientific, technological, engineering, 
     or mathematical nature.

          DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

          DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

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

                      TITLE I--GENERAL PROVISIONS

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

                     TITLE II--STUDIES AND REPORTS

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

             TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

Sec. 301. Deauthorization of inactive projects.
Sec. 302. Abandoned and inactive noncoal mine restoration.
Sec. 303. Tribal partnership program.
Sec. 304. Lakes program.
Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
Sec. 306. Chesapeake Bay Environmental Restoration and Protection 
              Program.
Sec. 307. Upper Mississippi River System Environmental Management 
              Program.
Sec. 308. Upper Mississippi River protection.
Sec. 309. Theodore Ship Channel, Mobile, Alabama.
Sec. 310. McClellan-Kerr Arkansas River Navigation System.
Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
Sec. 312. Lake Isabella, California.
Sec. 313. Lower San Joaquin River flood control project.
Sec. 314. Sacramento River, Glenn-Colusa, California.
Sec. 315. San Diego River and Mission Bay, San Diego County, 
              California.
Sec. 316. San Francisco, California, Waterfront Area.
Sec. 317. Western Pacific Interceptor Canal, Sacramento River, 
              California.
Sec. 318. Rio Grande Environmental Management Program, Colorado, New 
              Mexico, and Texas.

[[Page H7700]]

Sec. 319. New London Harbor Waterfront Channel, Connecticut.
Sec. 320. Wilmington Harbor, Delaware.
Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
Sec. 322. Washington Harbor, District of Columbia.
Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation 
              Plan, Florida.
Sec. 324. Central Everglades, Florida.
Sec. 325. Miami River, Florida.
Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St. 
              Johns River Basin, Florida.
Sec. 328. Extinguishment of flowage easements, Rough River Lake, 
              Kentucky.
Sec. 329. Calcasieu River and Pass, Louisiana.
Sec. 330. Camden Harbor, Maine.
Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
Sec. 332. Baltimore, Maryland.
Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
Sec. 334. Missouri river reservoir sediment management.
Sec. 335. Portsmouth, New Hampshire.
Sec. 336. Rahway flood risk management feasibility study, New Jersey.
Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove, 
              Rhode Island and Connecticut.
Sec. 341. Harris County, Texas.
Sec. 342. Cap Sante Waterway, Washington.
Sec. 343. Local government reservoir permit review.
Sec. 344. Project modifications for improvement of environment.
Sec. 345. Aquatic ecosystem restoration.
Sec. 346. Surplus water contracts and water storage agreements.
Sec. 347. No wake zones in navigation channels.
Sec. 348. Limitation on contract execution in the Arkansas River Basin.
Sec. 349. Waiver of non-Federal share of damages related to certain 
              contract claims.
Sec. 350. Reduced pricing for certain water supply storage.
Sec. 351. Flood control and other purposes.
Sec. 352. Additional assistance for critical projects.
Sec. 353. Project modification authorizations.
Sec. 354. Completion of maintenance and repair activities.
Sec. 355. Project reauthorizations.
Sec. 356. Conveyances.
Sec. 357. Lake Eufaula advisory committee.
Sec. 358. Repeal of Missouri River Task Force, North Dakota.
Sec. 359. Repeal of Missouri River Task Force, South Dakota.
Sec. 360. Conforming amendments.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

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

                         TITLE V--OTHER MATTERS

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

     SEC. 2. SECRETARY DEFINED.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR 
                   THE HARBOR MAINTENANCE TRUST FUND.

       Section 14003 of division B of the CARES Act (Public Law 
     116-136) is amended to read as follows:
       ``Sec. 14003.  Any discretionary appropriation for the 
     Corps of Engineers--
       ``(1) derived from the Harbor Maintenance Trust Fund, in 
     this fiscal year and thereafter, not to exceed the sum of--
       ``(A) the total amount deposited in the Harbor Maintenance 
     Trust Fund in the fiscal year that is two years prior to the 
     fiscal year for which the appropriation is being made; and
       ``(B)(i) $500,000,000 for fiscal year 2021;
       ``(ii) $600,000,000 for fiscal year 2022;
       ``(iii) $700,000,000 for fiscal year 2023;
       ``(iv) $800,000,000 for fiscal year 2024;
       ``(v) $900,000,000 for fiscal year 2025;
       ``(vi) $1,000,000,000 for fiscal year 2026;
       ``(vii) $1,200,000,000 for fiscal year 2027;
       ``(viii) $1,300,000,000 for fiscal year 2028;
       ``(ix) $1,400,000,000 for fiscal year 2029; and
       ``(x) $1,500,000,000 for fiscal year 2030 and thereafter; 
     and
       ``(2) for the Operation and Maintenance account of the 
     Corps of Engineers which is designated in statute as being to 
     carry out subsection (c) of section 2106 of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2238c), not to exceed--
       ``(A) $50,000,000 for fiscal year 2021;
       ``(B) $50,000,000 for fiscal year 2022;
       ``(C) $56,000,000 for fiscal year 2023;
       ``(D) $58,000,000 for fiscal year 2024;
       ``(E) $60,000,000 for fiscal year 2025;
       ``(F) $62,000,000 for fiscal year 2026;
       ``(G) $64,000,000 for fiscal year 2027;
       ``(H) $66,000,000 for fiscal year 2028;
       ``(I) $68,000,000 for fiscal year 2029; and
       ``(J) $70,000,000 for fiscal year 2030;
     shall be subtracted from the estimate of discretionary budget 
     authority and outlays for any estimate of an appropriations 
     Act under the Congressional Budget and Impoundment Control 
     Act of 1974 or the Balanced Budget and Emergency Deficit 
     Control Act of 1985.''.

     SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.

       (a) Authorization.--
       (1) In general.--In carrying out subsection (c) of section 
     210 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2238), for each fiscal year, of the funds made available 
     under such section (including funds appropriated from the 
     Harbor Maintenance Trust Fund), the Secretary shall, to the 
     extent practicable, unless otherwise directed in an Act 
     making appropriations for the Corps of Engineers, make 
     expenditures to pay for operation and maintenance costs of 
     the harbors and inland harbors referred to in subsection 
     (a)(2) of such section, to the extent there are identifiable 
     operations and maintenance needs, of--
       (A) not less than 15 percent of such funds for emerging 
     harbor projects, including eligible breakwater and jetty 
     needs at such harbor projects;
       (B) not less than 13 percent of such funds for projects 
     that are located within the Great Lakes Navigation System;
       (C) 12 percent of such funds for expanded uses carried out 
     at donor ports and energy transfer ports, of which--
       (i) \1/3\ shall be provided to energy transfer ports; and
       (ii) \2/3\ shall be provided to donor ports;
       (D) not less than 17 percent of such funds for projects 
     that are assigned to commercial strategic seaports; and
       (E) any remaining funds for operation and maintenance costs 
     of any harbor or inland harbor referred to in such subsection 
     (a)(2) based on an equitable allocation of such funds among 
     such harbors and inland harbors, in accordance with 
     subsection (c)(1) of such section 210.
       (2) Definitions.--In this subsection:
       (A) Commercial strategic seaport.--The term ``commercial 
     strategic seaport'' means a commercial harbor supporting the 
     coordination of efficient port operations during peacetime 
     and national defense emergencies that is designated as 
     strategic through the National Port Readiness Network.
       (B) Donor port; energy transfer port.--The terms ``donor 
     port'' and ``energy transfer port'' have the meanings given 
     those terms in section 2106 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2238c).
       (C) Emerging harbor project; great lakes navigation 
     system.--The terms ``emerging harbor project'' and ``Great 
     Lakes Navigation System'' have the meanings given those terms 
     in section 210 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2238).
       (3) Effective date.--This subsection shall take effect on 
     October 1, 2022.
       (b) Additional Uses.--
       (1) Operation and maintenance of harbor projects.--Section 
     210(c)(3) of the Water Resources Development Act of 1986 (33 
     U.S.C. 2238(c)(3)) is amended--
       (A) by striking ``Notwithstanding'' and inserting the 
     following:
       ``(A) Allocation.--Notwithstanding''; and
       (B) by adding at the end the following:
       ``(B) Additional uses at emerging harbors.--
       ``(i) Uses.--In each fiscal year, the Secretary may use not 
     more than $5,000,000 of funds allocated for emerging harbor 
     projects under paragraph (1) to pay for the costs of up to 10 
     projects for maintenance dredging of a marina or berthing 
     area, in an emerging harbor, that includes an area that is 
     located adjacent to, or is accessible by, a Federal 
     navigation project, subject to clauses (ii) and (iii) of this 
     subparagraph.
       ``(ii) Eligible emerging harbors.--The Secretary may use 
     funds as authorized under clause (i) at an emerging harbor 
     that--

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

       ``(iii) Cost-sharing requirements.--The Secretary shall 
     require a non-Federal interest to contribute not less than 25 
     percent of the costs for maintenance dredging of that portion 
     of a maintenance dredging project described in clause (i) 
     that is located outside of the Federal navigation project, 
     which may be provided as an in-kind contribution, including 
     through the use of dredge equipment owned by non-Federal 
     interest to carry out such activities.''.
       (2) Assessment of harbors and inland harbors.--Section 
     210(e)(2)(A)(ii) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting 
     ``uses described in subsection (c)(3)(B) and'' after ``costs 
     for''.
       (3) Definitions.--Section 210(f) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2238(f)) is amended--

[[Page H7701]]

       (A) by striking paragraph (6);
       (B) by redesignating paragraphs (3) through (5) as 
     paragraphs (4) through (6), respectively;
       (C) by striking paragraph (2) and inserting the following:
       ``(2) Emerging harbor.--The term `emerging harbor' means a 
     harbor or inland harbor referred to in subsection (a)(2) that 
     transits less than 1,000,000 tons of cargo annually.
       ``(3) Emerging harbor project.--The term `emerging harbor 
     project' means a project that is assigned to an emerging 
     harbor.''; and
       (D) in paragraph (4) (as so redesignated), by adding at the 
     end the following:
       ``(C) An in-water improvement, if the improvement--
       ``(i) is for the seismic reinforcement of a wharf or other 
     berthing structure, or the repair or replacement of a 
     deteriorating wharf or other berthing structure, at a port 
     facility;
       ``(ii) benefits commercial navigation at the harbor; and
       ``(iii) is located in, or adjacent to, a berth that is 
     accessible to a Federal navigation project.
       ``(D) An activity to maintain slope stability at a berth in 
     a harbor that is accessible to a Federal navigation project 
     if such activity benefits commercial navigation at the 
     harbor.''.

     SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE 
                   TRUST FUND.

       Section 330 of the Water Resources Development Act of 1992 
     (26 U.S.C. 9505 note; 106 Stat. 4851) is amended--
       (1) in subsection (a)--
       (A) by striking ``and annually thereafter,'' and inserting 
     ``and annually thereafter concurrent with the submission of 
     the President's annual budget request to Congress,''; and
       (B) by striking ``Public Works and Transportation'' and 
     inserting ``Transportation and Infrastructure''; and
       (2) in subsection (b)(1) by adding at the end the 
     following:
       ``(D) A description of the expected expenditures from the 
     trust fund to meet the needs of navigation for the fiscal 
     year of the budget request.''.

     SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY 
                   TRANSFER PORTS.

       (a) Interim Authorization.--Section 2106(f) of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2238c(f)) is amended--
       (1) in paragraph (1), by striking ``2020'' and inserting 
     ``2022''; and
       (2) by striking paragraph (3).
       (b) In General.--
       (1) Definitions.--Section 2106(a) of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 2238c(a)) is 
     amended--
       (A) in paragraph (3)(A)--
       (i) by amending clause (ii) to read as follows:
       ``(ii) at which the total amount of harbor maintenance 
     taxes collected (including the estimated taxes related to 
     domestic cargo and cruise passengers) comprise not less than 
     $15,000,000 annually of the total funding of the Harbor 
     Maintenance Trust Fund on an average annual basis for the 
     previous 3 fiscal years;'';
       (ii) in clause (iii)--

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

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

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

       (iii) in subparagraph (D), by striking ``in fiscal year 
     2012'' and inserting ``on an average annual basis for the 
     previous 3 fiscal years''.
       (2) Report to congress; authorization of appropriations.--
     Section 2106 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2238c) is amended--
       (A) by striking subsection (e) and redesignating 
     subsections (f) and (g) as subsections (e) and (f), 
     respectively; and
       (B) in subsection (e), as so redesignated, by amending 
     paragraph (1) to read as follows:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $56,000,000 for fiscal year 2023;
       ``(B) $58,000,000 for fiscal year 2024;
       ``(C) $60,000,000 for fiscal year 2025;
       ``(D) $62,000,000 for fiscal year 2026;
       ``(E) $64,000,000 for fiscal year 2027;
       ``(F) $66,000,000 for fiscal year 2028;
       ``(G) $68,000,000 for fiscal year 2029; and
       ``(H) $70,000,000 for fiscal year 2030.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on October 1, 2022.

     SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT 
                   PROJECTS BY NON-FEDERAL INTERESTS.

       (a) Studies and Engineering.--Section 204(c)(1) of the 
     Water Resources Development Act of 1986 (33 U.S.C. 
     2232(c)(1)) is amended by striking ``under subsection (b)'' 
     and inserting ``under this section''.
       (b) Assumption of Maintenance of a Locally Preferred 
     Plan.--Section 204(f) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2232(f)) is amended to read as follows:
       ``(f) Operation and Maintenance.--
       ``(1) Assumption of maintenance.--Whenever a non-Federal 
     interest carries out improvements to a federally authorized 
     harbor or inland harbor, the Secretary shall be responsible 
     for operation and maintenance in accordance with section 
     101(b) if--
       ``(A) before construction of the improvements--
       ``(i) the Secretary determines that the improvements are 
     feasible and consistent with the purposes of this title; and
       ``(ii) the Secretary and the non-Federal interest execute a 
     written agreement relating to operation and maintenance of 
     the improvements;
       ``(B) the Secretary certifies that the project or separable 
     element of the project is constructed in accordance with 
     applicable permits and appropriate engineering and design 
     standards; and
       ``(C) the Secretary does not find that the project or 
     separable element is no longer feasible.
       ``(2) Federal financial participation in the costs of a 
     locally preferred plan.--In the case of improvements 
     determined by the Secretary pursuant to paragraph (1)(A)(i) 
     to deviate from the national economic development plan, the 
     Secretary shall be responsible for all operation and 
     maintenance costs of such improvements, as described in 
     section 101(b), including costs in excess of the costs of the 
     national economic development plan, if the Secretary 
     determines that the improvements satisfy the requirements of 
     paragraph (1).''.
       (c) Report.--A non-Federal interest may submit to the 
     Secretary a report on improvements to a federally authorized 
     harbor or inland harbor to be carried out by the non-Federal 
     interest, containing any information necessary for the 
     Secretary determine whether the improvements satisfy the 
     requirements of section 204(f)(1) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2232), including--
       (1) the economic justification for the improvements;
       (2) details of the project improvement plan and design;
       (3) proposed arrangements for the work to be performed; and
       (4) documents relating to any applicable permits required 
     for the project improvements.
       (d) Project Studies Subject to Independent Peer Review.--
     The Secretary shall not be required to subject a project 
     study for a project with a cost of less than $200,000,000, 
     which the Secretary determines satisfies the requirements of 
     section 204(f)(1) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2232), to independent peer review under 
     section 2034(a)(3)(A)(i) of the Water Resources Development 
     Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).

     SEC. 106. COAST GUARD ANCHORAGES.

       The Secretary may perform dredging at Federal expense 
     within and adjacent to anchorages established by the Coast 
     Guard pursuant to existing authorities.

     SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION 
                   AND MAINTENANCE COSTS.

       In carrying out eligible operations and maintenance 
     activities within the Great Lakes Navigation System pursuant 
     to section 210 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2238) in a State that has implemented any 
     additional State limitation on the disposal of dredged 
     material in the open waters of such State, the Secretary may, 
     pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C. 
     701h), receive from such State, and expend, such funds as may 
     be contributed by the State to cover the additional costs for 
     operations and maintenance activities for a harbor or inland 
     harbor within such State that result from such limitation.

     SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.

       (a) Mitigation.--The Secretary may relocate access to the 
     Port of Cleveland confined disposal facility, owned or 
     operated by a non-Federal interest, in which material dredged 
     by the Corps of Engineers is placed.
       (b) Cost-Share.--The cost to relocate access to the 
     confined disposal facility described in subsection (a) shall 
     be shared in accordance with the cost share applicable to 
     operation and maintenance of the Federal navigation project 
     from which material placed in the confined disposal facility 
     is dredged.
       (c) Termination.--The authority provided under this section 
     shall terminate on December 31, 2024.

     SEC. 109. INLAND WATERWAY PROJECTS.

       Notwithstanding section 102 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2212), for a project for 
     navigation on the inland waterways receiving a construction 
     appropriation during any of fiscal years 2021 through 2031, 
     35 percent of the costs of construction of the project shall 
     be paid from amounts appropriated from the Inland Waterways 
     Trust Fund until such construction of the project is 
     complete.

     SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND 
                   REQUIREMENTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue final 
     agency-specific procedures necessary to implement the 
     principles and requirements and the interagency guidelines.

[[Page H7702]]

       (b) Development of Future Water Resources Development 
     Projects.--The procedures required by subsection (a) shall 
     ensure that the Secretary, in the formulation of future water 
     resources development projects--
       (1) develops such projects in accordance with--
       (A) the guiding principles established by the principles 
     and requirements; and
       (B) the national water resources planning policy 
     established by section 2031(a) of the Water Resources 
     Development Act of 2007 (42 U.S.C. 1962-3(a)); and
       (2) fully identifies and analyzes national economic 
     development benefits, regional economic development benefits, 
     environmental quality benefits, and other societal effects.
       (c) Review and Update.--Every 5 years, the Secretary shall 
     review and, where appropriate, revise the procedures required 
     by subsection (a).
       (d) Public Review, Notice, and Comment.--In issuing, 
     reviewing, and revising the procedures required by this 
     section, the Secretary shall--
       (1) provide notice to interested non-Federal stakeholders 
     of the Secretary's intent to revise the procedures;
       (2) provide opportunities for interested non-Federal 
     stakeholders to engage with, and provide input and 
     recommendations to, the Secretary on the revision of the 
     procedures; and
       (3) solicit and consider public and expert comments.
       (e) Definitions.--In this section:
       (1) Interagency guidelines.--The term ``interagency 
     guidelines'' means the interagency guidelines contained in 
     the document finalized by the Council on Environmental 
     Quality pursuant to section 2031 of the Water Resources 
     Development Act of 2007 (42 U.S.C. 1962-3) in December 2014, 
     to implement the principles and requirements.
       (2) Principles and requirements.--The term ``principles and 
     requirements'' means the principles and requirements 
     contained in the document prepared by the Council on 
     Environmental Quality pursuant to section 2031 of the Water 
     Resources Development Act of 2007 (42 U.S.C. 1962-3), 
     entitled ``Principles and Requirements for Federal 
     Investments in Water Resources'', and dated March 2013.

     SEC. 111. RESILIENCY PLANNING ASSISTANCE.

       (a) In General.--Section 206(a) of the Flood Control Act of 
     1960 (33 U.S.C. 709a(a)) is amended by inserting ``, to avoid 
     repetitive flooding impacts, to anticipate, prepare, and 
     adapt to changing climatic conditions and extreme weather 
     events, and to withstand, respond to, and recover rapidly 
     from disruption due to the flood hazards'' after ``in 
     planning to ameliorate the flood hazard''.
       (b) Prioritizing Flood Risk Resiliency Technical 
     Assistance.--In carrying out section 206 of the Flood Control 
     Act of 1960 (33 U.S.C. 709a), the Secretary shall prioritize 
     the provision of technical assistance to support flood risk 
     resiliency planning efforts of economically disadvantaged 
     communities or communities subject to repetitive flooding.

     SEC. 112. PROJECT CONSULTATION.

       (a) Reports Required.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit the 
     following reports:
       (1) The report required under section 1214 of the Water 
     Resources Development Act of 2018 (132 Stat. 3809).
       (2) The report required under section 1120(a)(3) of the 
     Water Resources Development Act of 2016 (130 Stat. 1643).
       (b) Environmental Justice Updates.--
       (1) In general.--In the formulation of water development 
     resources projects, the Secretary shall comply with any 
     existing Executive order regarding environmental justice in 
     effect as of the date of enactment of this Act to address any 
     disproportionate and adverse human health or environmental 
     effects on minority communities, low-income communities, and 
     Indian Tribes.
       (2) Update.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall review, and shall 
     update, where appropriate, any policies, regulations, and 
     guidance of the Corps of Engineers necessary to implement any 
     Executive order described in paragraph (1) with respect to 
     water resources development projects.
       (3) Requirements.--In updating the policies, regulations, 
     or guidance under paragraph (2), the Secretary shall--
       (A) provide notice to interested non-Federal stakeholders, 
     including representatives of minority communities, low-income 
     communities, and Indian Tribes;
       (B) provide opportunities for interested stakeholders to 
     comment on potential updates of policies, regulations, or 
     guidance;
       (C) consider the recommendations from the reports submitted 
     under subsection (a); and
       (D) promote the meaningful involvement of minority 
     communities, low-income communities, and Indian Tribes.
       (c) Community Engagement.--In carrying out a water 
     resources development project, the Secretary shall, to the 
     extent practicable--
       (1) promote the meaningful involvement of minority 
     communities, low-income communities, and Indian Tribes;
       (2) provide guidance and technical assistance to such 
     communities or Tribes to increase understanding of the 
     project development and implementation activities, 
     regulations, and policies of the Corps of Engineers; and
       (3) cooperate with State, Tribal, and local governments 
     with respect to activities carried out pursuant to this 
     subsection.
       (d) Tribal Lands and Consultation.--In carrying out water 
     resources development projects, the Secretary shall, to the 
     extent practicable and in accordance with the Tribal 
     Consultation Policy affirmed and formalized by the Secretary 
     on November 1, 2012 (or a successor policy)--
       (1) promote meaningful involvement with Indian Tribes 
     specifically on any Tribal lands near or adjacent to any 
     water resources development projects, for purposes of 
     identifying lands of ancestral, cultural, or religious 
     importance;
       (2) consult with Indian Tribes specifically on any Tribal 
     areas near or adjacent to any water resources development 
     projects, for purposes of identifying lands, waters, and 
     other resources critical to the livelihood of the Indian 
     Tribes; and
       (3) cooperate with Indian Tribes to avoid, or otherwise 
     find alternate solutions with respect to, such areas.

     SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS.

       (a) Resiliency Assessment.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this section, and in conjunction with the 
     development of procedures under section 110 of this Act, the 
     Secretary is directed to review, and where appropriate, 
     revise the existing planning guidance documents and 
     regulations of the Corps of Engineers on the assessment of 
     the effects of sea level rise or inland flooding on future 
     water resources development projects to ensure that such 
     guidance documents and regulations are based on the best 
     available, peer-reviewed science and data on the current and 
     future effects of sea level rise or inland flooding on 
     relevant communities.
       (2) Coordination.--In carrying out this subsection, the 
     Secretary shall--
       (A) coordinate the review with the Engineer Research and 
     Development Center, other Federal and State agencies, and 
     other relevant entities; and
       (B) to the maximum extent practicable and where 
     appropriate, utilize data provided to the Secretary by such 
     agencies.
       (b) Assessment of Benefits From Addressing Sea Level Rise 
     and Inland Flooding Resiliency in Feasibility Reports.--
       (1) In general.--Upon the request of a non-Federal 
     interest, in carrying out a feasibility study for a project 
     for flood risk mitigation, hurricane and storm damage risk 
     reduction, or ecosystem restoration under section 905 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2282), the 
     Secretary shall consider whether the need for the project is 
     predicated upon or exacerbated by conditions related to sea 
     level rise or inland flooding.
       (2) Addressing sea level rise and inland flooding 
     resiliency benefits.--To the maximum extent practicable, in 
     carrying out a study pursuant to paragraph (1), the Secretary 
     shall document the potential effects of sea level rise or 
     inland flooding on the project, and the expected benefits of 
     the project relating to sea level rise or inland flooding, 
     during the 50-year period after the date of completion of the 
     project.

     SEC. 114. SMALL FLOOD CONTROL PROJECTS.

       Section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s) is amended by inserting ``, and projects that use 
     natural features or nature-based features (as those terms are 
     defined in section 1184(a) of the Water Resources Development 
     Act of 2016 (33 U.S.C. 2289a(a))),'' after ``nonstructural 
     projects''.

     SEC. 115. FLOOD PROTECTION PROJECTS.

       (a) General Considerations.--Section 73(a) of the Water 
     Resources Development Act of 1974 (33 U.S.C. 701b-11(a)) is 
     amended by striking ``including'' and all that follows 
     through the period at the end and inserting the following: 
     ``, with a view toward formulating the most economically, 
     socially, and environmentally acceptable means of reducing or 
     preventing flood damage, including--
       ``(1) floodproofing of structures, including through 
     elevation;
       ``(2) floodplain regulation;
       ``(3) acquisition of floodplain land for recreational, fish 
     and wildlife, and other public purposes;
       ``(4) relocation; and
       ``(5) the use of a feature described in section 1184(a) of 
     the Water Infrastructure Improvements for the Nation Act (33 
     U.S.C. 2289a(a)).''.
       (b) Conforming Amendment.--Section 103(b) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2213) is 
     amended--
       (1) in the subsection heading, by striking ``Nonstructural 
     Flood Control Projects'' and inserting ``Projects Using 
     Nonstructural, Natural, or Nature-Based Features''; and
       (2) in paragraph (1)--
       (A) by striking ``nonstructural flood control measures'' 
     and inserting ``a flood risk management or hurricane and 
     storm damage risk reduction measure using a nonstructural 
     feature, or a natural feature or nature-based feature (as 
     those terms are defined in section 1184(a) of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2289a(a))),''; 
     and
       (B) by striking ``cash during construction of the project'' 
     and inserting ``cash during construction for a nonstructural 
     feature if the costs of land, easements, rights-of-way, 
     dredged material disposal areas, and relocations for such 
     feature are estimated to exceed 35 percent''.

     SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-
                   BASED FEATURES.

       (a) Technical Correction.--Section 1149(c) of the Water 
     Resources Development Act of 2018 (33 U.S.C. 2282 note; 132 
     Stat. 3787) is amended by striking ``natural infrastructure 
     alternatives'' and inserting ``natural feature or nature-
     based feature alternatives (as such terms are defined in 
     section 1184 of the Water Resources Development Act of 2016 
     (32 U.S.C. 2289a))''.
       (b) Summary of Analysis.--To the maximum extent 
     practicable, the Secretary shall include in each feasibility 
     report developed under section 905 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2282) for a project that 
     contains

[[Page H7703]]

     a flood risk management or hurricane and storm damage risk 
     reduction element, a summary of the natural feature or 
     nature-based feature alternatives, along with their long-term 
     costs and benefits, that were evaluated in the development of 
     the feasibility report, and, if such alternatives were not 
     included in the recommended plan, an explanation of why such 
     alternatives were not included in the recommended plan.

     SEC. 117. FEDERAL INTEREST DETERMINATION.

       Section 905 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2282) is amended by inserting after subsection (a) 
     the following:
       ``(b) Federal Interest Determination.--
       ``(1) In general.--
       ``(A) Economically disadvantaged communities.--In preparing 
     a feasibility report under subsection (a) for a study that 
     will benefit an economically disadvantaged community, upon 
     request by the non-Federal interest for the study, the 
     Secretary shall first determine the Federal interest in 
     carrying out the study and the projects that may be proposed 
     in the study.
       ``(B) Other communities.--
       ``(i) Authorization.--In preparing a feasibility report 
     under subsection (a) for a study that will benefit a covered 
     community, upon request by the non-Federal interest for the 
     study, the Secretary may, with respect to not more than 3 
     studies in each fiscal year, first determine the Federal 
     interest in carrying out the study and the projects that may 
     be proposed in the study.
       ``(ii) Covered communities.--In this subparagraph, the term 
     `covered community' means a community that--

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

       ``(2) Cost share.--The costs of a determination under 
     paragraph (1)--
       ``(A) shall be at Federal expense; and
       ``(B) shall not exceed $200,000.
       ``(3) Deadline.--A determination under paragraph (1) shall 
     be completed by not later than 120 days after the date on 
     which funds are made available to the Secretary to carry out 
     the determination.
       ``(4) Treatment.--
       ``(A) Timing.--The period during which a determination is 
     being completed under paragraph (1) for a study shall not be 
     included for purposes of the deadline to complete a final 
     feasibility report under section 1001(a)(1) of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282c(a)(1)).
       ``(B) Cost.--The cost of a determination under paragraph 
     (1) shall not be included for purposes of the maximum Federal 
     cost under section 1001(a)(2) of the Water Resources Reform 
     and Development Act of 2014 (33 U.S.C. 2282c(a)(2)).
       ``(5) Report to non-federal interest.--If, based on a 
     determination under paragraph (1), the Secretary determines 
     that a study or project is not in the Federal interest 
     because the project will not result, or is unlikely to 
     result, in a recommended plan that will produce national 
     economic development benefits greater than cost, but may 
     result in a technically sound and environmentally acceptable 
     plan that is otherwise consistent with section 904 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2281), the 
     Secretary shall issue a report to the non-Federal interest 
     with recommendations on how the non-Federal interest might 
     modify the proposal such that the project could be in the 
     Federal interest and feasible.''.

     SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF CORPS OF 
                   ENGINEERS PROJECTS IN RURAL COMMUNITIES AND 
                   ECONOMICALLY DISADVANTAGED COMMUNITIES.

       (a) In General.--The Secretary shall establish and 
     implement pilot programs, in accordance with this section, to 
     evaluate opportunities to address the flood risk management 
     and hurricane and storm damage risk reduction needs of rural 
     communities and economically disadvantaged communities.
       (b)  Economically Disadvantaged Community Flood Protection 
     and Hurricane and Storm Damage Reduction Study Pilot 
     Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to carry out feasibility studies, 
     in accordance with this subsection, for flood risk management 
     and hurricane and storm damage risk reduction projects for 
     economically disadvantaged communities, in coordination with 
     non-Federal interests.
       (2) Participation in pilot program.--In carrying out 
     paragraph (1), the Secretary shall--
       (A) publish a notice in the Federal Register that requests 
     from non-Federal interests proposals for the potential 
     feasibility study of a flood risk management project or 
     hurricane and storm damage risk reduction project for an 
     economically disadvantaged community;
       (B) upon request of a non-Federal interest for such a 
     project, provide technical assistance to such non-Federal 
     interest in the formulation of a proposal for a potential 
     feasibility study to be submitted to the Secretary under the 
     pilot program; and
       (C) review such proposals and select 10 feasibility studies 
     for such projects to be carried out by the Secretary, in 
     coordination with the non-Federal interest, under this pilot 
     program.
       (3) Selection criteria.--In selecting a feasibility study 
     under paragraph (2)(C), the Secretary shall consider 
     whether--
       (A) the percentage of people living in poverty in the 
     county or counties (or county-equivalent entity or entities) 
     in which the project is located is greater than the 
     percentage of people living in poverty in the State, based on 
     census bureau data;
       (B) the percentage of families with income above the 
     poverty threshold but below the average household income in 
     the county or counties (or county-equivalent entity or 
     entities) in which the project is located is greater than 
     such percentage for the State, based on census bureau data;
       (C) the percentage of the population that identifies as 
     belonging to a minority or indigenous group in the county or 
     counties (or county-equivalent entity or entities) in which 
     the project is located is greater than the average such 
     percentage in the State, based on census bureau data; and
       (D) the project is addressing flooding or hurricane or 
     storm damage effects that have a disproportionate impact on a 
     rural community, a minority community, or an Indian Tribe.
       (4) Administration.--Notwithstanding the requirements of 
     section 105(a)(1)(A) of the Water Resources Development Act 
     of 1986 (33 U.S.C. 2215), the Federal share of the cost of a 
     feasibility study carried out under the pilot program shall 
     be 100 percent.
       (5) Study requirements.--Feasibility studies carried out 
     under this subsection shall, to the maximum extent 
     practicable, incorporate natural features or nature-based 
     features (as such terms are defined in section 1184 of the 
     Water Resources Development Act of 2016 (33 U.S.C. 2289a)), 
     or a combination of such features and nonstructural features, 
     that avoid or reduce at least 50 percent of flood or storm 
     damages in one or more of the alternatives included in the 
     final alternatives evaluated.
       (6) Notification.--The Secretary shall notify the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate of the selection of each feasibility 
     study under the pilot program.
       (7) Completion.--Upon completion of a feasibility report 
     for a feasibility study selected to be carried out under this 
     subsection, the Secretary shall transmit the report to 
     Congress for authorization, and shall include the report in 
     the next annual report submitted under section 7001 of the 
     Water Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d).
       (c) Pilot Program for the Recommendation of Flood 
     Protection and Hurricane and Storm Damage Reduction Projects 
     in Rural Communities and Economically Disadvantaged 
     Communities.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall establish and 
     implement a pilot program to evaluate, and make 
     recommendations to Congress on, flood risk management 
     projects and hurricane and storm damage risk reduction 
     projects in rural communities or economically disadvantaged 
     communities, without demonstrating that each project is 
     justified solely by national economic development benefits.
       (2) Considerations.--In carrying out this subsection, the 
     Secretary may make a recommendation to Congress on up to 10 
     projects, without demonstrating that the project is justified 
     solely by national economic development benefits, if the 
     Secretary determines that--
       (A) the community to be served by the project is an 
     economically disadvantaged community or a rural community;
       (B) the long-term life safety, economic viability, and 
     environmental sustainability of the community would be 
     threatened without the project; and
       (C) the project is consistent with the requirements of 
     section 1 of the Flood Control Act of 1936 (33 U.S.C. 701a).
       (3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that project recommendations are 
     consistent with the principles and requirements and the 
     interagency guidelines, as such terms are defined in section 
     110 of this Act, including the consideration of quantifiable 
     monetary and nonmonetary benefits of the project.
       (4) Prioritization.--The Secretary may give equivalent 
     budgetary consideration and priority to projects recommended 
     under this subsection.
       (d) Geographic Diversity.--In selecting feasibility studies 
     under subsection (b)(2)(C) or in making project 
     recommendations under subsection (c), the Secretary shall 
     consider the geographic diversity among proposed projects.
       (e) Report.--Not later than 5 years and 10 years after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate, and make publicly available, a 
     report detailing the results of the pilot programs carried 
     out under this section, including--
       (1) a description of proposals received from non-Federal 
     interests pursuant to subsection (b)(2)(A);
       (2) a description of technical assistance provided to non-
     Federal interests under subsection (b)(2)(B);
       (3) a description of proposals selected under subsection 
     (b)(2)(C) and criteria used to select such proposals;
       (4) a description of the projects evaluated or recommended 
     by the Secretary under subsection (c);
       (5) a description of the quantifiable monetary and 
     nonmonetary benefits associated with the projects recommended 
     under subsection (c); and
       (6) any recommendations to Congress on how the Secretary 
     can address the flood risk management and hurricane and storm 
     damage risk reduction needs of economically disadvantaged 
     communities.
       (f) State Defined.--In this section, the term ``State'' 
     means each of the several States, the District of Columbia, 
     and each of the commonwealths, territories, and possessions 
     of the United States.
       (g) Sunset.--The authority to commence a feasibility study 
     under subsection (b), and the

[[Page H7704]]

     authority make a recommendation under subsection (c), shall 
     terminate on the date that is 10 years after the date of 
     enactment of this Act.

     SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY FLOOD 
                   FIGHTING NEEDS FOR COMMUNITIES SUBJECT TO 
                   REPETITIVE FLOODING.

       (a) Definitions.--In this section:
       (1) Affected community.--The term ``affected community'' 
     means a legally constituted public body (as that term is used 
     in section 221(b) of the Flood Control Act of 1970 (42 U.S.C. 
     1962d-5b(b))--
       (A) with jurisdiction over an area that has been subject to 
     flooding in two or more events in any 10-year period; and
       (B) that has received emergency flood-fighting assistance, 
     including construction of temporary barriers by the 
     Secretary, under section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n) with respect to such flood events.
       (2) Natural feature; nature-based feature.--The terms 
     ``natural feature'' and ``nature-based feature'' have the 
     meanings given those terms in section 1184 of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2289a).
       (b) Program.--
       (1) In general.--The Secretary is authorized to carry out a 
     program to study, design, and construct water resources 
     development projects through measures involving, among other 
     things, strengthening, raising, extending, realigning, or 
     otherwise modifying existing flood control works, designing 
     new works, and incorporating natural features, nature-based 
     features, or nonstructural features, as appropriate to 
     provide flood and coastal storm risk management to affected 
     communities.
       (2) Considerations.--In carrying out paragraph (1), the 
     Secretary shall, to the maximum extent practical, review and, 
     where appropriate, incorporate natural features or nature-
     based features, or a combination of such features and 
     nonstructural features, that avoid or reduce at least 50 
     percent of flood or storm damages in one or more of the 
     alternatives included in the final alternatives evaluated.
       (3) Construction.--
       (A) In general.--The Secretary may carry out a project 
     described in paragraph (1) without further congressional 
     authorization if--
       (i) the Secretary determines that the project--

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

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

     SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.

       Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(B)--
       (i) in clause (i)(I), by inserting ``, or provide 
     contributions equal to,'' after ``pay''; and
       (ii) in clause (ii)--

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

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

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

       ``(B) Eligibility.--The Secretary may only enter into one 
     agreement under subparagraph (A) with any non-Federal 
     interest.
       ``(C) Sunset.--The authority of the Secretary to enter into 
     agreements under paragraph (2) shall terminate on the date 
     that is 5 years after the date of enactment of this 
     paragraph.''; and
       (D) in paragraph (3) (as so redesignated), by striking 
     ``this subsection'' and inserting ``paragraph (1)''.

     SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT.

       Section 1161(b) of the Water Resources Development Act of 
     2018 (33 U.S.C. 701n note) is amended--
       (1) in the matter preceding paragraph (1)--
       (A) by striking the ``three fiscal years preceding'' and 
     inserting ``five fiscal years preceding''; and
       (B) by striking ``last day of the third fiscal year'' and 
     inserting ``last day of the fifth fiscal year'';
       (2) in paragraph (1), by inserting ``, or provide 
     contributions equal to,'' before ``an amount sufficient''; 
     and
       (3) by striking paragraph (2) and inserting the following:
       ``(2) the Secretary determines that the damage to the 
     structure was not as a result of negligent operation or 
     maintenance.''.

     SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM FLOODING.

       (a) In General.--To the maximum extent practicable, during 
     the 5-year period beginning on the date of enactment of this 
     Act, the Secretary shall prioritize and expedite the 
     processing of applications for permits under section 10 of 
     the Act of March 3, 1899 (33 U.S.C. 403), and section 404 of 
     the Federal Water Pollution Control Act (33 U.S.C. 1344), and 
     permissions under section 14 of the Act of March 3, 1899 (33 
     U.S.C. 408), to complete repairs, reconstruction (including 
     improvements), and upgrades to flood control infrastructure 
     damaged by flooding events during calendar years 2017 through 
     2020, including flooding events caused by ice jams.
       (b) Savings Provision.--Nothing in this section affects any 
     obligation to comply with the requirements of any Federal 
     law, including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); and
       (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.

       Section 6002 of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1349) is amended to read as follows:

     ``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.

       ``(a) Assessment.--The Secretary shall conduct an 
     assessment of projects constructed by the Secretary for which 
     the Secretary continues to have financial or operational 
     responsibility.
       ``(b) Inventory.--Not later than 18 months after the date 
     of enactment of the Water Resources Development Act of 2020, 
     the Secretary shall, based on the assessment carried out 
     under subsection (a), develop an inventory of projects or 
     portions of projects--
       ``(1) that are not needed for the missions of the Corps of 
     Engineers;
       ``(2) the modification of which, including though the use 
     of structural features, nonstructural features, or natural 
     features or nature-based features (as those terms are defined 
     in section 1184(a) of the Water Resources Development Act of 
     2016 (33 U.S.C. 2289a(a)), could improve the sustainable 
     operations of the project, or reduce operation and 
     maintenance costs for the project; or
       ``(3) that are no longer having project purposes adequately 
     met by the Corps of Engineers, because of deferment of 
     maintenance or other challenges, and the divestment of which 
     to a non-Federal entity could better meet the local and 
     regional needs for operation and maintenance.

[[Page H7705]]

       ``(c) Criteria.--In conducting the assessment under 
     subsection (a) and developing the inventory under subsection 
     (b), the Secretary shall use the following criteria:
       ``(1) The extent to which the project aligns with the 
     current missions of the Corps of Engineers.
       ``(2) The economic and environmental impacts of the project 
     on existing communities in the vicinity of the project.
       ``(3) The extent to which the divestment or modification of 
     the project could reduce operation and maintenance costs of 
     the Corps of Engineers.
       ``(4) The extent to which the divestment or modification of 
     the project is in the public interest.
       ``(5) The extent to which investment of additional Federal 
     resources in the project proposed for divestment or 
     modification, including investment needed to bring the 
     project to a good state of repair, is in the public interest.
       ``(6) The extent to which the authorized purpose of the 
     project is no longer being met.
       ``(d) Recommendations of Non-Federal Interests.--A non-
     Federal interest for a project may recommend that the 
     Secretary include such project in the assessment or inventory 
     required under this section.
       ``(e) Report to Congress.--
       ``(1) In general.--Upon completion of the inventory 
     required by subsection (b), the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives, and make publicly available, a 
     report containing the findings of the Secretary with respect 
     to the assessment and inventory required under this section.
       ``(2) Inclusion.--The Secretary shall list in an appendix 
     any recommendation of a non-Federal interest made with 
     respect to a project under subsection (d) that the Secretary 
     determines not to include in the inventory developed under 
     subsection (b), based on the criteria in subsection (c), 
     including information about the request and the reasons for 
     the Secretary's determination.''.

     SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.

       It is the sense of Congress that the Secretary, in 
     coordination with non-Federal interests, should maximize the 
     development, evaluation, and recommendation of project 
     alternatives for future water resources development projects 
     that produce multiple project benefits, such as navigation, 
     flood risk management, and ecosystem restoration benefits, 
     including through the use of natural or nature-based features 
     and the beneficial use of dredged material.

     SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED 
                   MATERIAL MANAGEMENT PLANS.

       (a) National Policy on the Beneficial Use of Dredged 
     Material.--
       (1) In general.--It is the policy of the United States for 
     the Corps of Engineers to maximize the beneficial use, in an 
     environmentally acceptable manner, of suitable dredged 
     material obtained from the construction or operation and 
     maintenance of water resources development projects.
       (2) Placement of dredged materials.--
       (A) In general.--In evaluating the placement of dredged 
     material obtained from the construction or operation and 
     maintenance of water resources development projects, the 
     Secretary shall consider--
       (i) the suitability of the dredged material for a full 
     range of beneficial uses; and
       (ii) the economic and environmental benefits, efficiencies, 
     and impacts (including the effects on living coral) of using 
     the dredged material for beneficial uses, including, in the 
     case of beneficial use activities that involve more than one 
     water resources development project, the benefits, 
     efficiencies, and impacts that result from the combined 
     activities.
       (B) Calculation of federal standard.--
       (i) Determination.--The economic benefits and efficiencies 
     from the beneficial use of dredged material considered by the 
     Secretary under subparagraph (A) shall be included in any 
     determination relating to the ``Federal standard'' by the 
     Secretary under section 335.7 of title 33, Code of Federal 
     Regulations, for the placement or disposal of such material.
       (ii) Reports.--The Secretary shall submit to Congress--

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

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

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

       (ii) by adding at the end the following:
       ``(5) Selection of dredged material disposal method for 
     certain purposes.--Activities carried out under this 
     subsection--
       ``(A) shall be carried out using amounts appropriated for 
     construction or operation and maintenance of the project 
     involving the disposal of the dredged material; and
       ``(B) shall not carried out using amounts made available 
     under subsection (g).''.
       (b) Beneficial Use of Dredged Material.--
       (1) Pilot program projects.--Section 1122 of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2326 note) is 
     amended--
       (A) in subsection (a)--
       (i) in paragraph (6), by striking ``; and'' and inserting a 
     semicolon;
       (ii) in paragraph (7)(C), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(8) recovering lost storage capacity in reservoirs due to 
     sediment accumulation, if the project also has a purpose 
     described in any of paragraphs (1) through (7).'';
       (B) in subsection (b)(1), by striking ``20'' and inserting 
     ``35''; and
       (C) in subsection (g), by striking ``20'' and inserting 
     ``35''.
       (2) Sense of congress.--It is the sense of Congress that 
     the Secretary, in selecting projects for the beneficial use 
     of dredged materials under section 1122 of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2326 note), 
     should ensure the thorough evaluation of project submissions 
     from rural, small, and economically disadvantaged 
     communities.
       (3) Project selection.--In selecting projects for the 
     beneficial use of dredged materials under section 1122 of the 
     Water Resources Development Act of 2016 (33 U.S.C. 2326 
     note), the Secretary shall prioritize the selection of at 
     least one project for the utilization of thin layer placement 
     of dredged fine and coarse grain sediment and at least one 
     project for recovering lost storage capacity in reservoirs 
     due to sediment accumulation authorized by subsection (a)(8) 
     of such section, to the extent that a non-Federal interest 
     has submitted an application for such project purposes that 
     otherwise meets the requirements of such section.
       (4) Temporary easements.--Section 1148 of the Water 
     Resources Development Act of 2018 (33 U.S.C. 2326 note) is 
     amended--
       (A) in subsection (a)--
       (i) by striking ``grant'' and inserting ``approve''; and
       (ii) by striking ``granting'' and inserting ``approving''; 
     and
       (B) in subsection (b), by striking ``grants'' and inserting 
     ``approves''.
       (c) Five-Year Regional Dredged Material Management Plans.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the District 
     Commander of each district of the Corps of Engineers that 
     obtains dredged material through the construction or 
     operation and maintenance of a water resources development 
     project shall, at Federal expense, develop and submit to the 
     Secretary a 5-year dredged material management plan in 
     coordination with relevant State agencies and stakeholders.
       (2) Scope.--Each plan developed under this subsection shall 
     include--
       (A) a dredged material budget for each watershed or 
     littoral system within the district;
       (B) an estimate of the amount of dredged material likely to 
     be obtained through the construction or operation and 
     maintenance of all water resources development projects 
     projected to be carried out within the district during the 5-
     year period following submission of the plan, and the 
     estimated timing for obtaining such dredged material;
       (C) an identification of potential water resources 
     development projects projected to be carried out within the 
     district during such 5-year period that are suitable for, or 
     that require, the placement of dredged material, and an 
     estimate of the amount of dredged material placement capacity 
     of such projects;
       (D) an evaluation of--
       (i) the suitability of the dredged material for a full 
     range of beneficial uses; and
       (ii) the economic and environmental benefits, efficiencies, 
     and impacts (including the effects on living coral) of using 
     the dredged material for beneficial uses, including, in the 
     case of beneficial use activities that involve more than one 
     water resources development project, the benefits, 
     efficiencies, and impacts that result from the combined 
     activities;
       (E) the district-wide goals for beneficial use of the 
     dredged material, including any expected cost savings from 
     aligning and coordinating multiple projects (including 
     projects across Corps districts) in the use of the dredged 
     material; and
       (F) a description of potential beneficial use projects 
     identified through stakeholder solicitation and coordination.
       (3) Public comment.--In developing each plan under this 
     subsection, each District Commander shall provide notice and 
     an opportunity for public comment, including a solicitation 
     for stakeholders to identify beneficial use projects, in 
     order to ensure, to the extent practicable, that beneficial 
     use of dredged material is not foregone in a particular 
     fiscal year or dredging cycle.
       (4) Public availability.--Upon submission of each plan to 
     the Secretary under this subsection, each District Commander 
     shall make the plan publicly available, including on a 
     publicly available website.
       (5) Transmission to congress.--As soon as practicable after 
     receiving a plan under subsection (a), the Secretary shall 
     transmit the plan to Congress.
       (6) Regional sediment management plans.--A plan developed 
     under this section--
       (A) shall be in addition to regional sediment management 
     plans prepared under section

[[Page H7706]]

     204(a) of the Water Resources Development Act of 1992 (33 
     U.S.C. 2326(a)); and
       (B) shall not be subject to the limitations in section 
     204(g) of the Water Resources Development Act of 1992 (33 
     U.S.C. 2326(g)).
       (d) Dredge Pilot Program.--
       (1) Revisions.--Section 1111 of the Water Resources 
     Development Act of 2018 (33 U.S.C. 2326 note) is amended--
       (A) in subsection (a), by striking ``for the operation and 
     maintenance of harbors and inland harbors'' and all that 
     follows through the period at the end and inserting the 
     following: ``for the operation and maintenance of--
       ``(1) harbors and inland harbors referred to in section 
     210(a)(2) of the Water Resources Development Act of 1986 (33 
     U.S.C. 2238(a)(2)); or
       ``(2) inland and intracoastal waterways of the United 
     States described in section 206 of the Inland Waterways 
     Revenue Act of 1978 (33 U.S.C. 1804).''; and
       (B) in subsection (b), by striking ``or inland harbors'' 
     and inserting ``, inland harbors, or inland or intracoastal 
     waterways''.
       (2) Coordination with existing authorities.--The Secretary 
     may carry out the dredge pilot program authorized by section 
     1111 of the Water Resources Development Act of 2018 (33 
     U.S.C. 2326 note) in coordination with Federal regional 
     dredge demonstration programs in effect on the date of 
     enactment of this Act.

     SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.

       (a) Anadromous Fish Habitat and Passage.--Section 206 of 
     the Water Resources Development Act of 1996 (33 U.S.C. 2330) 
     is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(3) Anadromous fish habitat and passage.--
       ``(A) Measures.--A project under this section may include 
     measures to improve habitat or passage for anadromous fish, 
     including--
       ``(i) installing fish bypass structures on small water 
     diversions;
       ``(ii) modifying tide gates; and
       ``(iii) restoring or reconnecting floodplains and wetlands 
     that are important for anadromous fish habitat or passage.
       ``(B) Benefits.--A project that includes measures under 
     this paragraph shall be formulated to maximize benefits for 
     the anadromous fish species benefitted by the project.''; and
       (2) by adding at the end the following:
       ``(g) Prioritization.--The Secretary shall give projects 
     that include measures described in subsection (a)(3) equal 
     priority for implementation as other projects under this 
     section.''.

     SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES 
                   INFRASTRUCTURE.

       (a)  In General.--Section 7001 of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 2282d) is 
     amended--
       (1) in subsection (c)--
       (A) in paragraph (1)--
       (i) in subparagraph (B)(ii)(III), by inserting ``, 
     regional, or local'' after ``national''; and
       (ii) by adding at the end the following:
       ``(D) Modifications of projects carried out pursuant to 
     continuing authority programs.--
       ``(i) In general.--With respect to a project being carried 
     out pursuant to a continuing authority program for which a 
     proposed modification is necessary because the project is 
     projected to exceed, in the coming fiscal year, the maximum 
     Federal cost of the project, the Secretary shall include a 
     proposed modification in the annual report if the proposed 
     modification will result in completion of construction the 
     project and the justification for the modification is not the 
     result of a change in the scope of the project.
       ``(ii) Inclusion.--For each proposed modification included 
     in an annual report under clause (i), the Secretary shall 
     include in the annual report--

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

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

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

       (B) in paragraph (4)(B)--
       (i) in clause (i), by striking ``and'' at the end;
       (ii) by redesignating clause (ii) as clause (iii); and
       (iii) by inserting after clause (i) the following:
       ``(ii) the Secretary shall not include proposals in the 
     appendix of the annual report that otherwise meet the 
     criteria for inclusion in the annual report solely on the 
     basis that the proposals are for the purposes of navigation, 
     flood risk management, ecosystem restoration, or municipal or 
     agricultural water supply; and''; and
       (2) in subsection (g)(5), by striking ``if authorized'' and 
     all that follows through ``2016''.
       (b) Over-Budget Cap Programs.--For any project carried out 
     under a continuing authority program, as such term is defined 
     in section 7001(c)(1)(D) of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282d)), for which the 
     Secretary is required to include a proposed modification in 
     an annual report under such section 7001(c)(1)(D), the 
     Secretary shall, to the extent practicable, inform the non-
     Federal interest of the process for carrying out the project 
     pursuant to section 105 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2215) and whether the Secretary has 
     the authority to complete a feasibility study for the 
     project.
       (c) Annual Report on Status of Feasibility Studies.--
     Concurrent with each report submitted under section 7001 of 
     the Water Resources Reform and Development Act of 2014 (33 
     U.S.C. 2282d), the Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report that provides for an accounting 
     of all outstanding feasibility studies being conducted by the 
     Secretary, including, for each such study, its length, cost, 
     and expected completion date.

     SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.

       (a) In General.--The Secretary shall carry out a 
     demonstration program to determine the causes of, and 
     implement measures to effectively detect, prevent, treat, and 
     eliminate, harmful algal blooms associated with water 
     resources development projects.
       (b) Consultation; Use of Existing Data and Program 
     Authorities.--In carrying out the demonstration program under 
     subsection (a), the Secretary shall--
       (1) consult with the heads of appropriate Federal and State 
     agencies; and
       (2) make maximum use of existing Federal and State data and 
     ongoing programs and activities of Federal and State 
     agencies, including the activities of the Secretary carried 
     out through the Engineer Research and Development Center 
     pursuant to section 1109 of the Water Resources Development 
     Act of 2018 (33 U.S.C. 610 note).
       (c) Focus Areas.--In carrying out the demonstration program 
     under subsection (a), the Secretary shall undertake program 
     activities related to harmful algal blooms in the Great 
     Lakes, the tidal and inland waters of the State of New 
     Jersey, the coastal and tidal waters of the State of 
     Louisiana, the waterways of the counties that comprise the 
     Sacramento-San Joaquin Delta, California, the Allegheny 
     Reservoir Watershed, New York, and Lake Okeechobee, Florida.
       (d) Additional Focus Areas.--In addition to the areas 
     described in subsection (c), in carrying out the 
     demonstration program under subsection (a), the Secretary 
     shall undertake program activities related to harmful algal 
     blooms at any Federal reservoir located in the Upper Missouri 
     River Basin or the North Platte River Basin, at the request 
     and expense of another Federal agency.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $25,000,000 to carry out 
     this section. Such sums shall remain available until 
     expended.

     SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX 
                   CONSTRUCTION.

       (a) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report on the effects of any interception-rearing complex 
     constructed on the Missouri River on--
       (1) flood risk management and navigation; and
       (2) the population recovery of the pallid sturgeon, 
     including baseline population counts.
       (b) No Additional IRC Construction.--The Secretary may not 
     authorize construction of an interception-rearing complex on 
     the Missouri River until the Secretary--
       (1) submits the report required by subsection (a);
       (2) acting through the Engineer Research and Development 
     Center, conducts further research on interception-rearing 
     complex design, including any effects on existing flows, 
     flood risk management, and navigation; and
       (3) develops a plan--
       (A) to repair dikes and revetments that are affecting flood 
     risk and bank erosion; and
       (B) to establish, repair, or improve water control 
     structures at the headworks of constructed shallow water 
     habitat side-channels.
       (c) Future IRC Construction.--
       (1) Public comment.--The Secretary shall provide an 
     opportunity for comment from the public and the Governor of 
     each affected State on any proposals to construct an 
     interception-rearing complex after the date of enactment of 
     this Act.
       (2) Period.--The public comment period required by 
     paragraph (1) shall be not less than 90 days for each 
     proposal to construct an interception-rearing complex on the 
     Missouri River.

     SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, 
                   RESTORATION, OR REHABILITATION OF PROJECTS.

       (a) Definitions.--In this section:
       (1) Covered area.--The term ``covered area'' means an 
     area--
       (A) for which the Governor of a State has requested a 
     determination that an emergency exists; or
       (B) covered by an emergency or major disaster declaration 
     declared under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5121 et seq.).
       (2) Emergency period.--The term ``emergency period'' 
     means--
       (A) with respect to a covered area described in paragraph 
     (1)(A), the period during which the Secretary determines an 
     emergency exists; and

[[Page H7707]]

       (B) with respect to a covered area described in paragraph 
     (1)(B), the period during which the applicable declaration is 
     in effect.
       (b) In General.--In any covered area, the Secretary is 
     authorized to accept and use materials, services, and funds, 
     during the emergency period, from a non-Federal interest or 
     private entity to repair, restore, or rehabilitate a 
     federally authorized water resources development project, and 
     to provide reimbursement to such non-Federal interest or 
     private entity for such materials, services, and funds, in 
     the Secretary's sole discretion, and subject to the 
     availability of appropriations, if the Secretary determines 
     that reimbursement is in the public interest.
       (c) Additional Requirement.--The Secretary may only 
     reimburse for the use of materials or services accepted under 
     this section if such materials or services meet the 
     Secretary's specifications and comply with all applicable 
     laws and regulations that would apply if such materials and 
     services were acquired by the Secretary, including sections 
     3141 through 3148 and 3701 through 3708 of title 40, United 
     States Code, section 8302 of title 41, United States Code, 
     and the National Environmental Policy Act of 1969.
       (d) Agreements.--
       (1) In general.--Prior to the acceptance of materials, 
     services, or funds under this section, the Secretary and the 
     non-Federal interest or private entity shall enter into an 
     agreement that specifies--
       (A) the non-Federal interest or private entity shall hold 
     and save the United States free from any and all damages that 
     arise from use of materials or services of the non-Federal 
     interest or private entity, except for damages due to the 
     fault or negligence of the United States or its contractors;
       (B) the non-Federal interest or private entity shall 
     certify that the materials or services comply with all 
     applicable laws and regulations under subsection (c); and
       (C) any other term or condition required by the Secretary.
       (2) Exception.--If an agreement under paragraph (1) was not 
     entered prior to materials or services being contributed, a 
     non-Federal interest or private entity shall enter into an 
     agreement with the Secretary that--
       (A) specifies the value, as determined by the Secretary, of 
     those materials or services contributed and eligible for 
     reimbursement; and
       (B) ensures that the materials or services comply with 
     subsection (c) and paragraph (1).

     SEC. 131. LEVEE SAFETY.

       Section 9004 of the Water Resources Development Act of 2007 
     (33 U.S.C. 3303) is amended by adding at the end the 
     following:
       ``(d) Identification of Deficiencies.--
       ``(1) In general.--For each levee included in an inventory 
     established under subsection (b) or for which the Secretary 
     has conducted a review under subsection (c), the Secretary 
     shall--
       ``(A) identify the specific engineering and maintenance 
     deficiencies, if any; and
       ``(B) describe the recommended remedies to correct each 
     deficiency identified under subparagraph (A), and, if 
     requested by owner of a non-Federal levee, the associated 
     costs of those remedies.
       ``(2) Consultation.--In identifying deficiencies and 
     describing remedies for a levee under paragraph (1), the 
     Secretary shall consult with relevant non-Federal interests, 
     including by providing an opportunity for comment by those 
     non-Federal interests.''.

     SEC. 132. NATIONAL DAM SAFETY PROGRAM.

       (a) Definitions.--Section 2 of the National Dam Safety 
     Program Act (33 U.S.C. 467) is amended--
       (1) in paragraph (4)--
       (A) in subparagraph (A)--
       (i) by striking clause (iii) and inserting the following:
       ``(iii) has an emergency action plan that--

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

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

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

       (iii) by amending subparagraph (C) to read as follows:
       ``(C) Grant assurance.--As part of a grant agreement under 
     subparagraph (B), the Administrator shall require that each 
     eligible subrecipient to which the State awards a grant under 
     this section provides an assurance, with respect to the dam 
     to be rehabilitated by the eligible subrecipient, that the 
     dam owner will carry out a plan for maintenance of the dam 
     during the expected life of the dam.''; and
       (iv) in subparagraph (D), by striking ``A grant provided 
     under this section shall not exceed'' and inserting ``A State 
     may not award a grant to an eligible subrecipient under this 
     section that exceeds, for any 1 dam,''.
       (4) Requirements.--Section 8A(d) of the National Dam Safety 
     Program Act (33 U.S.C. 467f-2(d)) is amended--
       (A) in paragraph (1), by inserting ``to an eligible 
     subrecipient'' after ``this section'';
       (B) in paragraph (2)--
       (i) in the paragraph heading, by striking ``Non-federal 
     sponsor'' and inserting ``Eligible subrecipient'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``the non-Federal sponsor shall'' and inserting ``an eligible 
     subrecipient shall, with respect to the dam to be 
     rehabilitated by the eligible subrecipient'';
       (iii) by amending subparagraph (A) to read as follows:
       ``(A) demonstrate that the community in which the dam is 
     located participates in, and complies with, all applicable 
     Federal flood insurance programs, including demonstrating 
     that such community is participating in the National Flood 
     Insurance Program, and is not on probation, suspended, or 
     withdrawn from such Program;'';
       (iv) in subparagraph (B), by striking ``have'' and 
     inserting ``beginning not later than 2 years after the date 
     on which the Administrator publishes criteria for hazard 
     mitigation plans under paragraph (3), demonstrate that the 
     Tribal or local government with jurisdiction over the area in 
     which the dam is located has''; and
       (v) in subparagraph (C), by striking ``50-year period'' and 
     inserting ``expected life of the dam''; and
       (C) by adding at the end the following:
       ``(3) Hazard mitigation plan criteria.--Not later than 1 
     year after the date of enactment of this paragraph, the 
     Administrator, in consultation with the Board, shall publish 
     criteria for hazard mitigation plans required under paragraph 
     (2)(B).''.
       (5) Floodplain management plans.--Section 8A(e) of the 
     National Dam Safety Program Act (33 U.S.C. 467f-2(e)) is 
     amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``the non-Federal sponsor'' and inserting ``an eligible 
     subrecipient''; and
       (ii) in subparagraph (B), by striking ``1 year'' and 
     inserting ``2 years'' each place it appears; and
       (B) by striking paragraph (3) and inserting the following:
       ``(3) Plan criteria and technical support.--The 
     Administrator, in consultation with the Board, shall provide 
     criteria, and may provide technical support, for the 
     development and implementation of floodplain management plans 
     prepared under this subsection.''.
       (6) Contractual requirements.--Section 8A(i)(1) of the 
     National Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is 
     amended by striking ``a non-Federal sponsor'' and inserting 
     ``an eligible subrecipient''.

     SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   PUMP STATIONS.

       (a) Definitions.--In this section:
       (1) Eligible pump station.--The term ``eligible pump 
     station'' means a pump station--
       (A) constructed, in whole or in part, by the Corps of 
     Engineers for flood risk management purposes;
       (B) that the Secretary has identified as having a major 
     deficiency; and
       (C) the failure of which the Secretary has determined would 
     impair the function of a flood risk management project 
     constructed by the Corps of Engineers.
       (2) Rehabilitation.--
       (A) In general.--The term ``rehabilitation'', with respect 
     to an eligible pump station, means to address a major 
     deficiency of the eligible pump station caused by long-term 
     degradation of the foundation, construction materials, or 
     engineering systems or components of the eligible pump 
     station.
       (B) Inclusions.--The term ``rehabilitation'', with respect 
     to an eligible pump station, includes--
       (i) the incorporation into the eligible pump station of--

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

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

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

       (b) Authorization.--The Secretary may carry out 
     rehabilitation of an eligible pump station, if the Secretary 
     determines that the rehabilitation is feasible.

[[Page H7708]]

       (c) Cost Sharing.--The non-Federal interest for the 
     eligible pump station shall--
       (1) provide 35 percent of the cost of rehabilitation of an 
     eligible pump station carried out under this section; and
       (2) provide all land, easements, rights-of-way, and 
     necessary relocations associated with the rehabilitation 
     described in subparagraph (A), at no cost to the Federal 
     Government.
       (d) Agreement Required.--The rehabilitation of an eligible 
     pump station pursuant to this section shall be initiated only 
     after a non-Federal interest has entered into a binding 
     agreement with the Secretary--
       (1) to pay the non-Federal share of the costs of 
     rehabilitation under subsection (c); and
       (2) to pay 100 percent of the operation and maintenance 
     costs of the rehabilitated eligible pump station, in 
     accordance with regulations promulgated by the Secretary.
       (e) Treatment.--The rehabilitation of an eligible pump 
     station pursuant to this section shall not be considered to 
     be a separable element of the associated flood risk 
     management project constructed by the Corps of Engineers.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $60,000,000, to 
     remain available until expended.

     SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.

       (a) Reauthorization; Implementation Guidance.--Section 
     1043(b) of the Water Resources Reform and Development Act of 
     2014 (33 U.S.C. 2201 note) is amended--
       (1) in paragraph (7), by striking ``the date that is 5 
     years after the date of enactment of this Act'' and inserting 
     ``September 30, 2026'';
       (2) in paragraph (8), by striking ``2023'' and inserting 
     ``2026''; and
       (3) by adding at the end the following:
       ``(9) Implementation guidance.--
       ``(A) In general.--Not later than 120 days after the date 
     of enactment of this paragraph, the Secretary shall issue 
     guidance for the implementation of the pilot program that, to 
     the extent practicable, identifies--
       ``(i) the metrics for measuring the success of the pilot 
     program;
       ``(ii) a process for identifying future projects to 
     participate in the pilot program;
       ``(iii) measures to address the risks of a non-Federal 
     interest constructing projects under the pilot program, 
     including which entity bears the risk for projects that fail 
     to meet the Corps of Engineers standards for design or 
     quality;
       ``(iv) the laws and regulations that a non-Federal interest 
     must follow in carrying out a project under the pilot 
     program; and
       ``(v) which entity bears the risk in the event that a 
     project carried out under the pilot program fails to be 
     carried out in accordance with the project authorization or 
     this subsection.
       ``(B) New project partnership agreements.--The Secretary 
     may not enter into a project partnership agreement under this 
     subsection during the period beginning on the date of 
     enactment of this paragraph and ending on the date on which 
     the Secretary issues the guidance under subparagraph (A).''.
       (b) Non-Federal Project Implementation for Comprehensive 
     Everglades Restoration Plan Projects.--
       (1) In general.--In carrying out the pilot program 
     authorized under section 1043(b) of the Water Resources 
     Reform and Development Act of 2014 (33 U.S.C. 2201 note), the 
     Secretary is authorized to include a project authorized to be 
     implemented by, or in accordance with, section 601 of the 
     Water Resources Development Act of 2000, in accordance with 
     such section 1043(b).
       (2) Eligibility.--In the case of a project described in 
     paragraph (1) for which the non-Federal interest has 
     initiated construction in compliance with authorities 
     governing the provision of in-kind contributions for such 
     project, the Secretary shall take into account the value of 
     any in-kind contributions carried out by the non-Federal 
     interest for such project prior to the date of execution of 
     the project partnership agreement under section 1043(b) of 
     the Water Resources Reform and Development Act of 2014 when 
     determining the non-Federal share of the costs to complete 
     construction of the project.
       (3) Guidance.--Not later than 180 days after the date of 
     enactment of this subsection, and in accordance with the 
     guidance issued under section 1043(b)(9) of the Water 
     Resources Reform and Development Act of 2014 (as added by 
     this section), the Secretary shall issue any additional 
     guidance that the Secretary determines necessary for the 
     implementation of this subsection.

     SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN 
                   TRIBES.

       Section 1156(b) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2310(b)) is amended by striking ``for 
     inflation'' and all that follows through the period at the 
     end and inserting ``on an annual basis for inflation.''.

     SEC. 136. REVIEW OF CONTRACTING POLICIES.

       (a) Review of Contractual Agreements.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this section, the Secretary shall complete a 
     review of the policies, guidelines, and regulations of the 
     Corps of Engineers for the development of contractual 
     agreements between the Secretary and non-Federal interests 
     and utilities associated with the construction of water 
     resources development projects.
       (2) Report.--Not later than 90 days after completing the 
     review under subsection (a)(1), the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate, and make publicly available, a 
     report that includes--
       (A) a summary of the results of the review; and
       (B) public guidance on best practices for a non-Federal 
     interest to use when writing or developing contractual 
     agreements with the Secretary and utilities.
       (3) Provision of guidance.--The Secretary shall provide the 
     best practices guidance included under paragraph (2)(A) to 
     non-Federal interests prior to the development of contractual 
     agreements with such non-Federal interests.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary should maximize use of nonprice tradeoff 
     procedures in competitive acquisitions for carrying out 
     emergency work in an area with respect to which the President 
     has declared a major disaster under section 401 of the Robert 
     T. Stafford Disaster Relief and Emergency Assistance Act.

     SEC. 137. CRITERIA FOR FUNDING ENVIRONMENTAL INFRASTRUCTURE 
                   PROJECTS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall develop specific 
     criteria for the evaluation and ranking of individual 
     environmental assistance projects authorized by Congress 
     (including projects authorized pursuant to environmental 
     assistance programs) for the Secretary to carry out.
       (b) Minimum Criteria.--For the purposes of carrying out 
     this section, the Secretary shall evaluate, at a minimum--
       (1) the nature and extent of the positive and negative 
     local economic impacts of the project, including--
       (A) the benefits of the project to the local economy;
       (B) the extent to which the project will enhance local 
     development;
       (C) the number of jobs that will be directly created by the 
     project; and
       (D) the ability of the non-Federal interest to pay the 
     applicable non-Federal share of the cost of the project;
       (2) the demographics of the location in which the project 
     is to be carried out, including whether the project serves--
       (A) a rural community; or
       (B) an economically disadvantaged community, including an 
     economically disadvantaged minority community;
       (3) the amount of appropriations a project has received;
       (4) the funding capability of the Corps of Engineers with 
     respect to the project;
       (5) whether the project could be carried out under other 
     Federal authorities at an equivalent cost to the non-Federal 
     interest; and
       (6) any other criteria that the Secretary considers to be 
     appropriate.
       (c) Inclusion in Guidance.--The Secretary shall include the 
     criteria developed under subsection (a) in the annual Civil 
     Works Direct Program Development Policy Guidance of the 
     Secretary.
       (d) Report to Congress.--For fiscal year 2022, and 
     biennially thereafter, in conjunction with the President's 
     annual budget submission to Congress under section 1105(a) of 
     title 31, United States Code, the Secretary shall submit to 
     the Committee on Environment and Public Works and the 
     Committee on Appropriations of the Senate and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Appropriations of the House of Representatives a report that 
     identifies the Secretary's ranking of individual 
     environmental assistance projects authorized by Congress for 
     the Secretary to carry out, in accordance with the criteria 
     developed under this section.

     SEC. 138. AGING INFRASTRUCTURE.

       (a) Definitions.--In this section:
       (1) Aging infrastructure.--The term ``aging 
     infrastructure'' means a water resources development project 
     of the Corps of Engineers, or any other water resources, 
     water storage, or irrigation project of another Federal 
     agency, that is greater than 75 years old.
       (2) Enhanced inspection.--The term ``enhanced inspection'' 
     means an inspection that uses current or innovative 
     technology, including Light Detection and Ranging (commonly 
     known as ``LiDAR''), ground penetrating radar, subsurface 
     imaging, or subsurface geophysical techniques, to detect 
     whether the features of the aging infrastructure are 
     structurally sound and can operate as intended, or are at 
     risk of failure.
       (b) Contracts for Enhanced Inspection.--
       (1) In general.--The Secretary may carry out enhanced 
     inspections of aging infrastructure, pursuant to a contract 
     with the owner or operator of the aging infrastructure.
       (2) Certain circumstances.--Subject to the availability of 
     appropriations, or funds available pursuant to subsection 
     (d), the Secretary shall enter into a contract described in 
     paragraph (1), if--
       (A) the owner or operator of the aging infrastructure 
     requests that the Secretary carry out the enhanced 
     inspections; and
       (B) the inspection is at the full expense of such owner or 
     operator.
       (c) Limitation.--The Secretary shall not require a non-
     Federal entity associated with a project under the 
     jurisdiction of another Federal agency to carry out 
     corrective or remedial actions in response to an enhanced 
     inspection carried out under this section.
       (d) Funding.--The Secretary is authorized to accept funds 
     from an owner or operator of aging infrastructure, and may 
     use such funds to carry out an enhanced inspection pursuant 
     to a contract entered into with such owner or operator under 
     this section.

     SEC. 139. UNIFORMITY OF NOTIFICATION SYSTEMS.

       (a) Inventory.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall complete an 
     inventory of all systems used by the Corps of Engineers for 
     external communication and notification with respect to 
     projects, initiatives, and facilities of the Corps of 
     Engineers.

[[Page H7709]]

       (b) Uniform Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a plan for 
     the uniformity of such communication and notification systems 
     for projects, initiatives, and facilities of the Corps of 
     Engineers.
       (2) Inclusions.--The plan developed under paragraph (1) 
     shall--
       (A) provide access to information in all forms practicable, 
     including through email, text messages, news programs and 
     websites, radio, and other forms of notification;
       (B) establish a notification system for any projects, 
     initiatives, or facilities of the Corps of Engineers that do 
     not have a notification system;
       (C) streamline existing communication and notification 
     systems to improve the strength and uniformity of those 
     systems; and
       (D) emphasize the necessity of timeliness in notification 
     systems and ensure that the methods of notification can 
     transmit information in a timely manner.
       (3) Implementation.--
       (A) In general.--Except as provided in subparagraph (B), 
     not later than 2 years after the date of enactment of this 
     Act, the Secretary shall complete the implementation of the 
     plan developed under paragraph (1).
       (B) Emergency management notification.--Not later than 18 
     months after the date of enactment of this Act, the Secretary 
     shall implement the provisions of the plan developed under 
     paragraph (1) relating to emergency management notifications.
       (4) Savings provision.--Nothing in this section authorizes 
     the elimination of any existing communication or notification 
     system used by the Corps of Engineers.

     SEC. 140. COASTAL STORM DAMAGE REDUCTION CONTRACTS.

       For any project for coastal storm damage reduction, the 
     Secretary may seek input from a non-Federal interest for a 
     project that may be affected by the timing of the coastal 
     storm damage reduction activities under the project, in order 
     to minimize, to the maximum extent practicable, any negative 
     effects resulting from the timing of those activities.

     SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.

       Section 542(b)(2) of the Water Resources Development Act of 
     2000 (114 Stat. 2671; 121 Stat. 1150) is amended--
       (1) in subparagraph (F), by striking ``or'' at the end;
       (2) by redesignating subparagraph (G) as subparagraph (H); 
     and
       (3) by inserting after subparagraph (F) the following:
       ``(G) measures to restore, protect, and preserve an 
     ecosystem affected by a dam (including by the rehabilitation 
     or modification of a dam)--
       ``(i) that has been constructed, in whole or in part, by 
     the Corps of Engineers for flood control purposes;
       ``(ii) for which construction was completed before 1940;
       ``(iii) that is classified as `high hazard potential' by 
     the State dam safety agency of the State in which the dam is 
     located; and
       ``(iv) that is operated by a non-Federal entity; or''.

     SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the process developed by the Flood Protection Structure 
     Accreditation Task Force established under section 100226 of 
     the Moving Ahead for Progress in the 21st Century Act (42 
     U.S.C. 4101 note) should not be limited to levee systems in 
     the inspection of completed works program of the Corps of 
     Engineers, but should apply equally to federally owned levee 
     systems operated by the Secretary, including federally owned 
     levee systems operated by the Secretary as part of a 
     reservoir project.
       (b) Levee Certifications.--Section 3014 of the Water 
     Resources Reform and Development Act of 2014 (42 U.S.C. 4131) 
     is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``under the inspection of completed works 
     program'' and inserting ``for levee systems under the levee 
     safety and dam safety programs''; and
       (ii) by striking ``and'' at the end;
       (B) in paragraph (2)--
       (i) by striking ``activities under the inspection of 
     completed works program of the Corps of Engineers'' and 
     inserting ``the activities referred to in paragraph (1)'';
       (ii) by striking ``chapter 1'' and inserting ``chapter I''; 
     and
       (iii) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(3) in the case of a levee system that is operated and 
     maintained by the Corps of Engineers, to the maximum extent 
     practicable, cooperate with local governments seeking a levee 
     accreditation decision for the levee to provide information 
     necessary to support the accreditation decision in a timely 
     manner.''; and
       (2) in paragraph (b)(3), by adding at the end the 
     following:
       ``(C) Contributed funds.--Notwithstanding subparagraph (B), 
     a non-Federal interest may fund up to 100 percent of the cost 
     of any activity carried out under this subsection.''.

     SEC. 143. PROJECT PARTNERSHIP AGREEMENT.

       Section 103(j)(1) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213(j)(1)) is amended--
       (1) by striking ``Any project'' and inserting the 
     following:
       ``(A) In general.--Any project''; and
       (2) by adding at the end the following:
       ``(B) Inclusion.--An agreement under subparagraph (A) shall 
     include a brief description and estimation of the anticipated 
     operations, maintenance, and replacement and rehabilitation 
     costs of the non-Federal interest for the project.''.

     SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR DREDGING.

       The Secretary is authorized, in accordance with section 5 
     of Act of June 22, 1936 (33 U.S.C. 701h), to accept and 
     expend funds contributed by a State or other non-Federal 
     interest--
       (1) to dredge a non-Federal harbor or channel, or a marina 
     or berthing area located adjacent to, or accessible by, such 
     harbor or channel; or
       (2) to provide technical assistance related to the planning 
     and design of dredging activities described in paragraph (1).

     SEC. 145. REPLACEMENT CAPACITY.

       Section 217(a) of the Water Resources Development Act of 
     1996 (33 U.S.C. 2326a(a)) is amended--
       (1) in the subsection heading, by inserting ``or 
     Replacement Capacity'' after ``Additional Capacity'';
       (2) by striking paragraph (1) and inserting the following:
       ``(1) Provided by secretary.--
       ``(A) In general.--Subject to subparagraph (B), at the 
     request of a non-Federal interest with respect to a project, 
     the Secretary may--
       ``(i) provide additional capacity at a dredged material 
     disposal facility constructed by the Secretary beyond the 
     capacity that would be required for project purposes; or
       ``(ii) permit the use of dredged material disposal facility 
     capacity required for project purposes by the non-Federal 
     interest if the Secretary determines that replacement 
     capacity can be constructed at the facility or another 
     facility or site before such capacity is needed for project 
     purposes.
       ``(B) Agreement.--Before the Secretary takes an action 
     under subparagraph (A), the non-Federal interest shall agree 
     to pay--
       ``(i) all costs associated with the construction of the 
     additional capacity or replacement capacity in advance of 
     construction of such capacity; and
       ``(ii) in the case of use by a non-Federal interest of 
     dredged material disposal capacity required for project 
     purposes under subparagraph (A)(ii), any increase in the cost 
     of operation and maintenance of the project that the 
     Secretary determines results from the use of the project 
     capacity by the non-Federal interest in advance of each cycle 
     of dredging.
       ``(C) Credit.--In the event the Secretary determines that 
     the cost to operate or maintain the project decreases as a 
     result of use by the non-Federal interest of dredged material 
     disposal capacity required for project purposes under 
     subparagraph (A)(ii), the Secretary, at the request of the 
     non-Federal interest, shall credit the amount of the decrease 
     toward any cash contribution of the non-Federal interest 
     required thereafter for construction, operation, or 
     maintenance of the project, or of another navigation 
     project.'';
       (3) in paragraph (2), in the first sentence, by inserting 
     ``under paragraph (1)(A)(i)'' after ``additional capacity''; 
     and
       (4) by adding at the end the following:
       ``(3) Special rule for designation of replacement capacity 
     facility or site.--
       ``(A) In general.--Subject to such terms and conditions as 
     the Secretary determines to be necessary or advisable, an 
     agreement under paragraph (1)(B) for use permitted under 
     paragraph (1)(A)(ii) shall reserve to the non-Federal 
     interest--
       ``(i) the right to submit to the Secretary for approval at 
     a later date an alternative to the facility or site 
     designated in the agreement for construction of replacement 
     capacity; and
       ``(ii) the right to construct the replacement capacity at 
     the alternative facility or site at the expense of the non-
     Federal interest.
       ``(B) Requirement.--The Secretary shall not reject a site 
     for the construction of replacement capacity under paragraph 
     (1)(A)(ii) that is submitted by the non-Federal interest for 
     approval by the Secretary before the date of execution of the 
     agreement under paragraph (1)(B), or thereafter, unless the 
     Secretary--
       ``(i) determines that the site is environmentally 
     unacceptable, geographically unacceptable, or technically 
     unsound; and
       ``(ii) provides a written basis for the determination under 
     clause (i) to the non-Federal interest.
       ``(4) Public comment.--The Secretary shall afford the 
     public an opportunity to comment on the determinations 
     required under this subsection for a use permitted under 
     paragraph (1)(A)(ii).''.

     SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS 
                   FACILITIES.

       Section 1008 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2321b) is amended--
       (1) by striking ``civil works'' each place it appears and 
     inserting ``water resources development''; and
       (2) by adding at the end the following:
       ``(c) Reviewing Hydropower at Corps of Engineers 
     Facilities.--
       ``(1) Definition of eligible non-federal interest.--In this 
     subsection, the term `eligible non-Federal interest' means a 
     non-Federal interest that owns or operates an existing non-
     Federal hydropower facility at a Corps of Engineers water 
     resources development project.
       ``(2) Evaluation.--
       ``(A) In general.--On the written request of an eligible 
     non-Federal interest, the Secretary shall conduct an 
     evaluation to consider operational changes at the applicable 
     project to facilitate production of non-Federal hydropower, 
     consistent with authorized project purposes. The Secretary 
     shall solicit input from interested stakeholders as part of 
     the evaluation.

[[Page H7710]]

       ``(B) Deadline.--Not later than 180 days after the date on 
     which the Secretary receives a written request under 
     subparagraph (A), the Secretary shall provide to the non-
     Federal interest a written response to inform the non-Federal 
     interest--
       ``(i) that the Secretary has approved the request to 
     conduct an evaluation; or
       ``(ii) of any additional information necessary for the 
     Secretary to approve the request to conduct an evaluation.
       ``(3) Operational changes.--An operational change referred 
     to in paragraph (2)(A) may include--
       ``(A) changes to seasonal pool levels;
       ``(B) modifying releases from the project; and
       ``(C) other changes included in the written request 
     submitted under that paragraph that enhance the usage of the 
     project to facilitate production of non-Federal hydropower, 
     consistent with authorized project purposes.
       ``(4) Cost share.--The eligible non-Federal interest shall 
     pay 100 percent of the costs associated with an evaluation 
     under this subsection, including the costs to prepare the 
     report under paragraph (6).
       ``(5) Deadline.--The Secretary shall complete an evaluation 
     under this subsection by the date that is not later than 1 
     year after the date on which the Secretary begins the 
     evaluation.
       ``(6) Report.--On completion of an evaluation under this 
     subsection, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the effects of the operational 
     changes proposed by the non-Federal interest and examined in 
     the evaluation on the authorized purposes of the project, 
     including a description of any negative impacts of the 
     proposed operational changes on the authorized purposes of 
     the project, or on any Federal project located in the same 
     basin.
       ``(7) Savings provision.--Nothing in this subsection--
       ``(A) affects the authorized purposes of a Corps of 
     Engineers water resources development project;
       ``(B) affects existing authorities of the Corps of 
     Engineers, including authorities with respect to navigation, 
     flood damage reduction, environmental protection and 
     restoration, water supply and conservation, and other related 
     purposes; or
       ``(C) authorizes the Secretary to make any operational 
     changes to a Corps of Engineers water resources development 
     project.''.

     SEC. 147. REPAIR AND RESTORATION OF EMBANKMENTS.

       (a) In General.--At the request of a non-Federal interest, 
     the Secretary shall assess the cause of damage to, or the 
     failure of, an embankment that is adjacent to the shoreline 
     of a reservoir project owned and operated by the Secretary 
     for which such damage or failure to the embankment has 
     adversely affected a roadway that the Secretary has relocated 
     for construction of the reservoir.
       (b) Repair and Restoration Activities.--If, based on the 
     assessment carried out under subsection (a), the Secretary 
     determines that the cause of the damage to, or the failure 
     of, the embankment is the direct result of the design or 
     operation of the reservoir by the Secretary, the Secretary is 
     authorized to participate in the repair or restoration of 
     such embankment.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $10,000,000 to carry out 
     this section.

     SEC. 148. COASTAL MAPPING.

       Section 516 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2326b) is amended--
       (1) by redesignating subsection (g) as subsection (h);
       (2) by inserting after subsection (f) the following:
       ``(g) Coastal Mapping.--The Secretary shall develop and 
     carry out a plan for the recurring mapping of coastlines that 
     are experiencing rapid change, including such coastlines in--
       ``(1) Alaska;
       ``(2) Hawaii; and
       ``(3) any territory or possession of the United States.''; 
     and
       (3) in subsection (h) (as so redesignated), by adding at 
     the end the following:
       ``(3) Coastal mapping.--In addition to amounts made 
     available under paragraph (1), there is authorized to be 
     appropriated to carry out subsection (g) with respect to 
     Alaska, Hawaii, and the territories and possessions of the 
     United States, $10,000,000, to remain available until 
     expended.''.

     SEC. 149. INTERIM RISK REDUCTION MEASURES.

       (a) In General.--In the case of any interim risk reduction 
     measure for dam safety purposes that was evaluated in a final 
     environmental assessment completed during the period 
     beginning on March 18, 2019, and ending on the date of 
     enactment of this Act, the Secretary shall carry out a 
     reevaluation of the measure in a timely manner if the final 
     environmental assessment did not consider in detail at 
     least--
       (1) 1 operational water control plan change alternative;
       (2) 1 action alternative other than an operational water 
     control plan change; and
       (3) the no action alternative.
       (b) Coordination.--A reevaluation carried out under 
     subsection (a) shall include consideration of the 
     alternatives described in such subsection, which shall be 
     developed in coordination with Federal agencies, States, 
     Indian Tribes, units of local government, and other non-
     Federal interests that have existing water obligations that 
     would be directly affected by implementation of an interim 
     risk reduction measure that is the subject of the 
     reevaluation.
       (c) Implementation Prior to Reevaluation.--Nothing in this 
     section prohibits the Secretary from implementing an interim 
     risk reduction measure for which a reevaluation is required 
     under subsection (a) prior to the completion of the 
     reevaluation under subsection (a).

     SEC. 150. MAINTENANCE DREDGING PERMITS.

       (a) In General.--The Secretary shall, to the maximum extent 
     practicable, prioritize the reissuance of any regional 
     general permit for maintenance dredging that expires prior to 
     May 1, 2021, and shall use best efforts to ensure such 
     reissuance prior to expiration of such a regional general 
     permit for maintenance dredging.
       (b) Savings Provision.--Nothing in this section affects any 
     obligation to comply with the requirements of any Federal 
     law, including--
       (1) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.); and
       (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).

     SEC. 151. HIGH WATER-LOW WATER PREPAREDNESS.

       (a) Definitions.--In this section:
       (1) Bypass.--The term ``bypass'' means an alternate water 
     route adjacent to a lock and dam on a Federal inland waterway 
     system that can be used for commercial navigation during high 
     water conditions.
       (2) Emergency condition.--The term ``emergency condition'' 
     means--
       (A) unsafe conditions on a Federal inland waterway system 
     that prevent the operation of commercial vessels, resulting 
     from a major change in water level or flows;
       (B) an obstruction in a Federal inland waterway system, 
     including silt, sediment, rock formation, or a shallow 
     channel;
       (C) an impaired or inoperable Federal lock and dam; or
       (D) any other condition determined appropriate by the 
     Secretary.
       (b) Emergency Determination.--The Secretary, in 
     consultation with the District Commanders responsible for 
     maintaining any Federal inland waterway system, the users of 
     the waterway system, and the Coast Guard, may make a 
     determination that an emergency condition exists on the 
     waterway system.
       (c) Emergency Mitigation Project.--
       (1) In general.--Subject to paragraph (2) and the 
     availability of appropriations, and in accordance with all 
     applicable Federal requirements, the Secretary may carry out 
     an emergency mitigation project on a Federal inland waterway 
     system with respect to which the Secretary has determined 
     that an emergency condition exists under subsection (b), or 
     on a bypass of such system, to remedy that emergency 
     condition.
       (2) Deadline.--An emergency mitigation project under 
     paragraph (1) shall--
       (A) be initiated by not later than 60 days after the date 
     on which the Secretary makes the applicable determination 
     under subsection (b); and
       (B) to the maximum extent practicable, be completed by not 
     later than 1 year after the date on which the Secretary makes 
     such determination.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $25,000,000 for each of fiscal years 2022 through 2024, to 
     remain available until expended.

     SEC. 152. TREATMENT OF CERTAIN BENEFITS AND COSTS.

       (a) In General.--In the case of a flood risk management 
     project that incidentally generates seismic safety benefits 
     in regions of moderate or high seismic hazard, for the 
     purpose of a benefit-cost analysis for the project, the 
     Secretary shall not include in that analysis any additional 
     design and construction costs resulting from addressing 
     seismic concerns.
       (b) Savings Provision.--Except with respect to the benefit-
     cost analysis, the additional costs referred to in subsection 
     (a) shall be--
       (1) included in the total project cost; and
       (2) subject to cost-share requirements otherwise applicable 
     to the project.

     SEC. 153. LEASE DEVIATIONS.

       (a) Definition of Covered Lease Deviation.--In this 
     section, the term ``covered lease deviation'' means a change 
     in terms from the existing lease that requires approval from 
     the Secretary for a lease--
       (1) of Federal land within the State of Oklahoma that is 
     associated with a water resources development project, 
     under--
       (A) section 2667 of title 10, United States Code; or
       (B) section 4 of the Act of December 22, 1944 (16 U.S.C. 
     460d); and
       (2) with respect to which the lessee is in good standing.
       (b) Deadline.--In the case of a request for a covered lease 
     deviation--
       (1) the Division Commander of the Southwestern Division 
     shall--
       (A) notify the Secretary of the request via electronic 
     means by not later than 24 hours after receiving the request; 
     and
       (B) by not later than 10 business days after the date on 
     which the Division Commander notifies the Secretary under 
     subparagraph (A)--
       (i) make a determination approving, denying, or requesting 
     a modification to the request; and
       (ii) provide to the Secretary the determination under 
     clause (i); and
       (2) the Secretary shall make a determination approving, 
     denying, or requesting a modification to the request by not 
     later than 10 business days after--
       (A) the date on which the Division Commander provides to 
     the Secretary a determination in accordance with paragraph 
     (1)(B); or
       (B) if the Division Commander does not provide to the 
     Secretary a determination in accordance with paragraph 
     (1)(B), the date on which the deadline described in such 
     paragraph expires.
       (c) Notification.--If the Secretary does not make a 
     determination under subsection (b)(2) by

[[Page H7711]]

     the deadline described in that subsection, the Secretary 
     shall submit a notification of the failure to make a 
     determination with respect to the covered lease deviation, 
     including the reason for the failure and a description of any 
     outstanding issues, to--
       (1) the entity seeking the covered lease deviation;
       (2) the members of the Oklahoma congressional delegation;
       (3) the Committee on Environment and Public Works of the 
     Senate; and
       (4) the Committee on Transportation and Infrastructure of 
     the House of Representatives.

     SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT 
                   DEVELOPMENT.

       It is the sense of Congress that--
       (1) the Arctic, as defined in section 112 of the Arctic 
     Research and Policy Act of 1984 (Public Law 98-373), is a 
     region of strategic importance to the national security and 
     maritime transportation interests of the United States;
       (2) there is a compelling national, regional, Alaska 
     Native, and private sector need for permanent maritime 
     transportation infrastructure development and for a presence 
     in the Arctic by the United States to assert national 
     security interests and to support and facilitate search and 
     rescue, shipping safety, economic development, oil spill 
     prevention and response, subsistence and commercial fishing, 
     the establishment of ports of refuge, Arctic research, and 
     maritime law enforcement;
       (3) the Government of the Russian Federation has 
     prioritized the development of Arctic maritime transportation 
     capabilities and has made significant investments in military 
     infrastructure in the Arctic, including the construction or 
     refurbishment of 16 deepwater ports in the region;
       (4) is a serious concern that the closest United States 
     strategic seaports to the Arctic are the Port of Anchorage 
     and the Port of Tacoma, located approximately 1,500 nautical 
     miles and 2,400 nautical miles away from the Arctic, 
     respectively, and approximately 1,900 nautical miles and 
     2,800 nautical miles, respectively, from Utiagvik, Alaska; 
     and
       (5) it is in the national interest to enhance existing, and 
     develop, maritime transportation infrastructure in the 
     Arctic, including an Arctic deep draft strategic seaport in 
     Alaska, that would allow the Coast Guard and the Navy each to 
     perform their respective statutory duties and functions on a 
     permanent basis with minimal mission interruption.

     SEC. 155. SMALL WATER STORAGE PROJECTS.

       (a) In General.--The Secretary shall carry out a program to 
     study and construct new, or enlarge existing, small water 
     storage projects, in partnership with a non-Federal interest.
       (b) Requirements.--To be eligible to participate in the 
     program under this section, a small water storage project 
     shall--
       (1) in the case of a new small water storage project, have 
     a water storage capacity of not less than 2,000 acre-feet and 
     not more than 30,000 acre-feet;
       (2) in the case of an enlargement of an existing small 
     water storage project, be for an enlargement of not less than 
     1,000 acre-feet and not more than 30,000 acre-feet;
       (3) provide--
       (A) flood risk management benefits;
       (B) ecological benefits; or
       (C) water management, water conservation, or water supply; 
     and
       (4) be--
       (A) economically justified, environmentally acceptable, and 
     technically feasible; or
       (B) in the case of a project providing ecological benefits, 
     cost-effective with respect to such benefits.
       (c) Scope.--In carrying out the program under this section, 
     the Secretary shall give preference to a small water storage 
     project located in a State with a population of less than 
     1,000,000.
       (d) Expedited Projects.--For the 10-year period beginning 
     on the date of enactment of this Act, the Secretary shall 
     expedite small water storage projects under this section for 
     which applicable Federal permitting requirements have been 
     completed.
       (e) Use of Data.--In conducting a study under this section, 
     to the maximum extent practicable, the Secretary shall--
       (1) as the Secretary determines appropriate, consider and 
     utilize any applicable hydrologic, economic, or environmental 
     data that is prepared for a small water storage project under 
     State law as the documentation, or part of the documentation, 
     required to complete State water plans or other State 
     planning documents relating to water resources management; 
     and
       (2) consider information developed by the non-Federal 
     interest in relation to another study, to the extent the 
     Secretary determines such information is applicable, 
     appropriate, or otherwise authorized by law.
       (f) Cost Share.--
       (1) Study.--The Federal share of the cost of a study 
     conducted under this section shall be--
       (A) 100 percent for costs not to exceed $100,000; and
       (B) 50 percent for any costs above $100,000.
       (2) Construction.--A small water storage project carried 
     out under this section shall be subject to the cost-sharing 
     requirements applicable to projects under section 103 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2213), 
     including--
       (A) municipal and industrial water supply: 100 percent non-
     Federal;
       (B) agricultural water supply: 35 percent non-Federal; and
       (C) recreation, including recreational navigation: 50 
     percent of separable costs and, in the case of any harbor or 
     inland harbor or channel project, 50 percent of joint and 
     separable costs allocated to recreational navigation.
       (g) OMRRR Responsibility.--The costs of operation, 
     maintenance, repair, and replacement and rehabilitation for a 
     small water storage project constructed under this section 
     shall be the responsibility of the non-Federal interest.
       (h) Individual Project Limit.--Not more than $65,000,000 in 
     Federal funds may be made available to a small water storage 
     project under this section.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $130,000,000 
     annually through fiscal year 2030.

     SEC. 156. PLANNING ASSISTANCE TO STATES.

        In carrying out section 22 of the Water Resources 
     Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary 
     shall provide equal priority for all mission areas of the 
     Corps of Engineers, including water supply and water 
     conservation.

     SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.

       Section 1222 of the Water Resources Development Act of 2018 
     (128 Stat. 3811) is amended by adding at the end the 
     following:
       ``(c) Additional Utilization of Forecast-Informed Reservoir 
     Operations.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Secretary shall submit to 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives and the Committee on Environment and 
     Public Works of the Senate a report on any additional 
     opportunities identified for utilizing forecast-informed 
     reservoir operations across the United States, including an 
     assessment of the viability of forecast-informed reservoir 
     operations in the Upper Missouri River Basin and the North 
     Platte River Basin.
       ``(2) Forecast-informed reservoir operations.--
       ``(A) Authorization.--If the Secretary determines, and 
     includes in the report submitted under paragraph (1), that 
     forecast-informed reservoir operations are viable at a 
     reservoir in the Upper Missouri River Basin or the North 
     Platte River Basin, including a reservoir for which the 
     Secretary has flood control responsibilities under section 7 
     of the Act of December 22, 1944 (33 U.S.C. 709), the 
     Secretary is authorized to carry out forecast-informed 
     reservoir operations at such reservoir.
       ``(B) Requirement.--Subject to the availability of 
     appropriations, if the Secretary determines, and includes in 
     the report submitted under paragraph (1), that forecast-
     informed reservoir operations are viable in the Upper 
     Missouri River Basin or the North Platte River Basin, the 
     Secretary shall carry out forecast-informed reservoir 
     operations at not fewer than one reservoir in such basin.''.

     SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.

       (a) Study on Data for Water Allocation, Supply, and 
     Demand.--
       (1) In general.--The Secretary shall offer to enter into an 
     agreement with the National Academy of Sciences to conduct a 
     study on the ability of Federal agencies to coordinate with 
     other Federal agencies, State and local agencies, Indian 
     Tribes, communities, universities, consortiums, councils, and 
     other relevant entities with expertise in water resources to 
     facilitate and coordinate the sharing among such entities of 
     water allocation, supply, and demand data, including--
       (A) any catalogs of such data;
       (B) definitions of any commonly used terms relating to 
     water allocation, supply, and demand; and
       (C) a description of any common standards used by those 
     entities.
       (2) Report.--If the National Academy of Sciences enters 
     into an agreement under paragraph (1), to the maximum extent 
     practicable, not later than 1 year after the date of 
     enactment of this Act, the National Academy of Sciences shall 
     submit to Congress a report that includes--
       (A) the results of the study under paragraph (1);
       (B) recommendations for ways to streamline and make cost-
     effective methods for Federal agencies to coordinate 
     interstate sharing of data, including recommendations for the 
     development of a publicly accessible, internet-based platform 
     that can allow entities described in paragraph (1) to 
     communicate and coordinate ongoing data collection efforts 
     relating to water allocation, supply, and demand, and share 
     best practices relating to those efforts; and
       (C) a recommendation as to an appropriate Federal entity 
     that should--
       (i) serve as the lead coordinator for the sharing of data 
     relating to water allocation, supply, and demand; and
       (ii) host and manage the internet-based platform described 
     in subparagraph (B).
       (b) Data Transparency.--The Secretary shall prioritize 
     making publicly available water resources data in the custody 
     of the Corps of Engineers, as authorized by section 2017 of 
     the Water Resources Development Act of 2007 (33 U.S.C. 2342).
       (c) Funding.--From amounts otherwise appropriated or made 
     available to the Secretary, the Secretary may make available 
     to the National Academy of Sciences not more than $3,900,000, 
     to be used for the review of information provided by the 
     Corps of Engineers for purposes of a study under subsection 
     (a). The Secretary may accept funds from another Federal 
     agency and make such funds available to the National Academy 
     of Sciences, to be used for the review of information 
     provided by such agency for purposes of a study under 
     subsection (a).

     SEC. 159. INLAND WATERWAYS PILOT PROGRAM.

       (a) Definitions.--In this section:
       (1) Authorized project.--The term ``authorized project'' 
     means a federally authorized water resources development 
     project for navigation on the inland waterways.

[[Page H7712]]

       (2) Modernization activities.--The term ``modernization 
     activities'' means construction or major rehabilitation 
     activities for any authorized project.
       (3) Non-federal interest.--The term ``non-Federal 
     interest'' means any public body described in section 221(b) 
     of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
       (b) Authorization of Pilot Program.--The Secretary is 
     authorized to carry out a pilot program for modernization 
     activities on the inland waterways system.
       (c) Implementation.--
       (1) In general.--In carrying out the pilot program under 
     this section, the Secretary may--
       (A) accept and expend funds provided by a non-Federal 
     interest to carry out, for an authorized project (or a 
     separable element of an authorized project), modernization 
     activities for such project; or
       (B) coordinate with the non-Federal interest in order to 
     allow the non-Federal interest to carry out, for an 
     authorized project (or a separable element of an authorized 
     project), such modernization activities.
       (2) Number.--The Secretary shall select not more than 2 
     authorized projects to participate in the pilot program under 
     paragraph (1).
       (3) Conditions.--Before carrying out modernization 
     activities pursuant to paragraph (1)(B), a non-Federal 
     interest shall--
       (A) obtain any permit or approval required in connection 
     with such activities under Federal or State law that would be 
     required if the Secretary were to carry out such activities; 
     and
       (B) ensure that a final environmental impact statement or 
     environmental assessment, as appropriate, for such activities 
     has been filed pursuant to the National Environmental Policy 
     Act of 1969.
       (4) Monitoring.--For any modernization activities carried 
     out by the non-Federal interest pursuant to this section, the 
     Secretary shall regularly monitor and audit such activities 
     to ensure that--
       (A) the modernization activities are carried out in 
     accordance with this section; and
       (B) the cost of the modernization activities is reasonable.
       (5) Requirements.--The requirements of section 3142 of 
     title 40, United States Code shall apply to any modernization 
     activities undertaken under or pursuant to this section, 
     either by the Secretary or the non-Federal interest.
       (d) Agreements.--
       (1) Activities carried out by non-federal interest.--
       (A) In general.--
       (i) Written agreement.--Before a non-Federal interest 
     initiates modernization activities for an authorized project 
     pursuant to this subsection (c)(1)(B), the non-Federal 
     interest shall enter into a written agreement with the 
     Secretary, under section 221 of the Flood Control Act of 1970 
     (42 U.S.C. 1962d-5b), that requires the modernization 
     activities to be carried out in accordance with--

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

       (ii) Requirements.--A written agreement under clause (i) 
     shall provide that the non-Federal interest shall comply with 
     the same legal and technical requirements that would apply if 
     the modernization activities were carried out by the 
     Secretary, including all mitigation required to offset 
     environmental impacts of the activities, as determined by the 
     Secretary.
       (B) Alignment with ongoing activities.--A written agreement 
     under subparagraph (A) shall include provisions that, to the 
     maximum extent practicable, align modernization activities 
     under this section with ongoing operations and maintenance 
     activities for the applicable authorized project.
       (C) Indemnification.--As part of a written agreement under 
     subparagraph (A), the non-Federal interest shall agree to 
     hold and save the United States free from liability for any 
     and all damage that arises from the modernization activities 
     carried out by the non-Federal interest pursuant to this 
     section.
       (2) Activities carried out by secretary.--For modernization 
     activities to be carried out by the Secretary pursuant to 
     subsection (c)(1)(A), the non-Federal interest shall enter 
     into a written agreement with the Secretary, containing such 
     terms and conditions as the Secretary determines appropriate.
       (e) Reimbursement.--
       (1) Authorization.--Subject to the availability of 
     appropriations, the Secretary may reimburse a non-Federal 
     interest for the costs of modernization activities carried 
     out by the non-Federal interest pursuant to an agreement 
     entered into under subsection (d), or for funds provided to 
     the Secretary under subsection (c)(1)(A), if--
       (A) the non-Federal interest complies with the agreement 
     entered into under subsection (d); and
       (B) with respect to modernization activities carried out by 
     the non-Federal interest pursuant to the agreement, the 
     Secretary determines that the non-Federal interest complied 
     with all applicable Federal requirements in carrying out the 
     modernization activities.
       (2) Limitation.--The Secretary may only reimburse a non-
     Federal interest under paragraph (1) for costs of 
     construction that would otherwise be paid from amounts 
     appropriated from the general fund of the Treasury pursuant 
     to section 102 of the Water Resources Development Act of 1986 
     (33 U.S.C. 2212).
       (f) Rule of Construction.--Nothing in this section--
       (1) affects the responsibility of the Secretary for the 
     operations and maintenance of the inland waterway system, as 
     of the day before the date of enactment of this Act, 
     including the responsibility of the Secretary for the 
     operations and maintenance costs for any covered project 
     after the modernization activities are completed pursuant to 
     this section;
       (2) prohibits or prevents the use of Federal funds for 
     operations and maintenance of the inland waterway system or 
     any authorized project within the inland waterway system; or
       (3) prohibits or prevents the use of Federal funds for 
     construction or major rehabilitation activities within the 
     inland waterway system or for any authorized project within 
     the inland waterway system.
       (g) Notification.--If a non-Federal interest notifies the 
     Secretary that the non-Federal interest intends to carry out 
     modernization activities for an authorized project, or 
     separable element thereof, pursuant to this section, the 
     Secretary shall provide written notice to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives concerning the intent of the non-Federal 
     interest.
       (h) Sunset.--
       (1) In general.--The authority of the Secretary to enter 
     into an agreement under this section shall terminate on the 
     date that is 5 years after the date of enactment of this Act.
       (2) Reimbursement eligibility.--The termination of 
     authority under paragraph (1) shall not extinguish the 
     eligibility of a non-Federal interest to seek reimbursement 
     under subsection (e).

     SEC. 160. DEFINITION OF ECONOMICALLY DISADVANTAGED COMMUNITY.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall issue guidance 
     defining the term ``economically disadvantaged community'' 
     for the purposes of this Act and the amendments made by this 
     Act.
       (b) Considerations.--In defining the term ``economically 
     disadvantaged community'' under subsection (a), the Secretary 
     shall, to the maximum extent practicable, utilize the 
     criteria under paragraph (1) or (2) of section 301(a) of the 
     Public Works and Economic Development Act of 1965 (42 U.S.C. 
     3161), to the extent that such criteria are applicable in 
     relation to the development of water resources development 
     projects.
       (c) Public Comment.--In developing the guidance under 
     subsection (a), the Secretary shall provide notice and an 
     opportunity for public comment.

     SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY 
                   NON-FEDERAL INTERESTS.

       (a) In General.--Section 203 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2231) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1), by inserting ``, or, upon the written 
     approval of the Secretary that the modifications are 
     consistent with the authorized purposes of the project, 
     undertake a feasibility study on modifications to a water 
     resources development project constructed by the Corps of 
     Engineers,'' after ``water resources development project''; 
     and
       (B) in paragraph (2), by striking ``for feasibility 
     studies'' and all that follows through the period at the end 
     and inserting ``for the formulation of feasibility studies of 
     water resources development projects undertaken by non-
     Federal interests to--
       ``(A) ensure that any feasibility study with respect to 
     which the Secretary submits an assessment to Congress under 
     subsection (c) complies with all of the requirements that 
     would apply to a feasibility study undertaken by the 
     Secretary; and
       ``(B) provide sufficient information for the formulation of 
     the studies, including processes and procedures related to 
     reviews and assistance under subsection (e).'';
       (2) in subsection (b)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Timing.--The Secretary may not submit to Congress an 
     assessment of a feasibility study under this section until 
     such time as the Secretary--
       ``(A) determines that the feasibility study complies with 
     all of the requirements that would apply to a feasibility 
     study undertaken by the Secretary; and
       ``(B) completes all of the Federal analyses, reviews, and 
     compliance processes under the National Environmental Policy 
     Act of 1969 (42 U.S.C. 4321 et seq.), that would be required 
     with respect to the proposed project if the Secretary had 
     undertaken the feasibility study.
       ``(3) Initiation of review.--
       ``(A) Request.--
       ``(i) Submission.--The non-Federal interest may submit to 
     the Secretary a request that the Secretary initiate the 
     analyses, reviews, and compliance processes described in 
     paragraph (2)(B) with respect to the proposed project prior 
     to the non-Federal interest's submission of a feasibility 
     study under subsection (a)(1).
       ``(ii) Effect.--Receipt by the Secretary of a request 
     submitted under clause (i) shall be considered the receipt of 
     a proposal or application that will lead to a major Federal 
     action that is subject to the requirements of section 
     102(2)(C) of the National Environmental Policy Act of 1969 
     (42 U.S.C. 4332(2)(C)) that would be required if the 
     Secretary were to undertake the feasibility study.
       ``(B) Deadline.--Not later than 10 days after the Secretary 
     receives a request under this paragraph, the Secretary shall 
     begin the required analyses, reviews, and compliance 
     processes.
       ``(4) Notification.--Upon receipt of a request under 
     paragraph (3), the Secretary shall notify the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate of the request and a

[[Page H7713]]

     timeline for completion of the required analyses, reviews, 
     and compliance processes.
       ``(5) Status updates.--Not later than 30 days after 
     receiving a request under paragraph (3), and every 30 days 
     thereafter until the Secretary submits an assessment under 
     subsection (c) for the applicable feasibility study, the 
     Secretary shall notify the Committee on Transportation and 
     Infrastructure of the House of Representatives, the Committee 
     on Environment and Public Works of the Senate, and the non-
     Federal interest of the status of the Secretary's required 
     analyses, reviews, and compliance processes.''; and
       (3) in subsection (c)(1), in the matter preceding 
     subparagraph (A)--
       (A) by striking ``after the date of receipt of a 
     feasibility study of a project under subsection (a)(1)'' and 
     insert ``after the completion of review of a feasibility 
     study under subsection (b)''; and
       (B) by striking ``a report'' and inserting ``an 
     assessment''.
       (b) Deadline.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall issue revised 
     guidelines under section 203 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2231) to implement the 
     amendments made by this section.
       (c) Hold Harmless.--
       (1) One-year window.--The amendments made by this section 
     shall not apply to any feasibility study submitted to the 
     Secretary under section 203 of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2231) during the one-year 
     period prior to the date of enactment of this section.
       (2) 2020 projects.--The amendments made by this section 
     shall not apply to any project authorized by section 403 of 
     this Act.

     SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED 
                   WATER SUPPLY.

       Section 1118(i) of the Water Resources Development Act of 
     2016 (43 U.S.C. 390b-2(i)) is amended--
       (1) by striking ``The Secretary may'' and inserting the 
     following:
       ``(1) Contributed funds for corps projects.--The Secretary 
     may''; and
       (2) by adding at the end the following:
       ``(2) Contributed funds for other federal reservoir 
     projects.--The Secretary is authorized to receive and expend 
     funds from a non-Federal interest to formulate, review, or 
     revise operational documents, pursuant to a proposal 
     submitted in accordance subsection (a), for any reservoir for 
     which the Secretary is authorized to prescribe regulations 
     for the use of storage allocated for flood control or 
     navigation pursuant to section 7 of the Act of December 22, 
     1944 (33 U.S.C. 709).''.

     SEC. 163. SENSE OF CONGRESS ON REMOVAL OF UNAUTHORIZED, 
                   MANMADE, FLAMMABLE MATERIALS ON CORPS PROPERTY.

        It is the sense of Congress that the Secretary should, 
     using existing authorities, prioritize the removal, from 
     facilities and lands of the Corps of Engineers in regions 
     that are urban and arid, of materials that are manmade, 
     flammable, unauthorized to be present, and determined by the 
     Secretary to pose a fire risk that is a threat to public 
     safety.

     SEC. 164. ENHANCED DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary shall review the master plan 
     and shoreline management plan for any lake described in 
     section 3134 of the Water Resources Development Act of 2007 
     (121 Stat. 1142; 130 Stat. 1671) for the purpose of 
     identifying structures or other improvements that are owned 
     by the Secretary and are suitable for enhanced development, 
     if--
       (1) the master plan and shoreline management plan of the 
     lake have been updated since January 1, 2013; and
       (2) the applicable district office of the Corps of 
     Engineers has received a written request for such a review 
     from any entity.
       (b) Definition of Enhanced Development.--In this section, 
     the term ``enhanced development'' means the use, for non-
     water-dependent commercial or hospitality industry purposes 
     or for residential or recreational purposes, of an existing 
     structure or other improvement.
       (c) Divestment Authority.--Not later than 1 year after the 
     date of enactment of this Act, the Secretary shall--
       (1) submit to the Committee on Environment and Public Works 
     of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report that 
     identifies--
       (A) any structure or other improvement owned by the 
     Secretary that--
       (i) has been identified as suitable for enhanced 
     development pursuant to subsection (a);
       (ii) the Secretary determines the divestment of which would 
     not adversely affect the Corps of Engineers operation of the 
     lake at which the structure or other improvement is located; 
     and
       (iii) a non-Federal interest has offered to purchase from 
     the Secretary; and
       (B) the fair market value of any structure or other 
     improvement identified under subparagraph (A); and
       (2) develop a plan to divest any structure or other 
     improvement identified under paragraph (1)(A), at fair market 
     value, to the applicable non-Federal interest.

     SEC. 165. CONTINUING AUTHORITY PROGRAMS.

       (a) Pilot Program for Continuing Authority Projects in 
     Small or Disadvantaged Communities.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall implement a pilot 
     program, in accordance with this subsection, for carrying out 
     a project under a continuing authority program for an 
     economically disadvantaged community.
       (2) Participation in pilot program.--In carrying out 
     paragraph (1), the Secretary shall--
       (A) publish a notice in the Federal Register that requests 
     non-Federal interest proposals for a project under a 
     continuing authority program for an economically 
     disadvantaged community; and
       (B) review such proposals and select a total of 10 
     projects, taking into consideration geographic diversity 
     among the selected projects.
       (3) Cost share.--Notwithstanding the cost share authorized 
     for the applicable continuing authority program, the Federal 
     share of the cost of a project selected under paragraph (2) 
     shall be 100 percent.
       (4) Sunset.--The authority to commence pursuant to this 
     subsection a project selected under paragraph (2) shall 
     terminate on the date that is 10 years after the date of 
     enactment of this Act.
       (5) Continuing authority program defined.--In this 
     subsection, the term ``continuing authority program'' has the 
     meaning given that term in section 7001(c)(1)(D) of Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d).
       (b) Authorizations of Appropriations.--
       (1) Emergency streambank and shoreline protection.--
     Notwithstanding section 14 of the Flood Control Act of 1946 
     (33 U.S.C. 701r), there is authorized to be appropriated to 
     carry out such section $25,500,000 for each of fiscal years 
     2021 through 2024.
       (2) Storm and hurricane restoration and impact minimization 
     program.--Notwithstanding section 3(c) of the Act of August 
     13, 1946 (33 U.S.C. 426g(c)), there is authorized to be 
     appropriated to carry out such section $38,000,000 for each 
     of fiscal years 2021 through 2024.
       (3) Small river and harbor improvement projects.--
     Notwithstanding section 107(a) of the River and Harbor Act of 
     1960 (33 U.S.C. 577(a)), there is authorized to be 
     appropriated to carry out such section $63,000,000 for each 
     of fiscal years 2021 through 2024.
       (4) Regional sediment management.--Notwithstanding section 
     204(g) of the Water Resources Development Act of 1992 (33 
     U.S.C. 2326(g)), there is authorized to be appropriated to 
     carry out such section $63,000,000 for each of fiscal years 
     2021 through 2024.
       (5) Small flood control projects.--Notwithstanding section 
     205 of the Flood Control Act of 1948 (33 U.S.C. 701s), there 
     is authorized to be appropriated to carry out such section 
     $69,250,000 for each of fiscal years 2021 through 2024.
       (6) Aquatic ecosystem restoration.--Notwithstanding section 
     206(f) of the Water Resources Development Act of 1996 (33 
     U.S.C. 2330(f)), there is authorized to be appropriated to 
     carry out such section $63,000,000 for each of fiscal years 
     2021 through 2024.
       (7) Removal of obstructions; clearing channels.--
     Notwithstanding section 2 of the Act of August 28, 1937 (33 
     U.S.C. 701g), there is authorized to be appropriated to carry 
     out such section $8,000,000 for each of fiscal years 2021 
     through 2024.
       (8) Project modifications for improvement of environment.--
     Notwithstanding section 1135(h) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2309a(h)), there is 
     authorized to be appropriated to carry out such section 
     $50,500,000 for each of fiscal years 2021 through 2024.

                     TITLE II--STUDIES AND REPORTS

     SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.

       (a) In General.--The Secretary is authorized to conduct a 
     feasibility study for the following projects for water 
     resources development and conservation and other purposes, as 
     identified in the reports titled ``Report to Congress on 
     Future Water Resources Development'' submitted to Congress 
     pursuant to section 7001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282d) or otherwise 
     reviewed by Congress:
       (1) Sulphur river, arkansas and texas.--Project for 
     ecosystem restoration, Sulphur River, Arkansas and Texas.
       (2) Cable creek, california.--Project for flood risk 
     management, water supply, and related benefits, Cable Creek, 
     California.
       (3) Oroville dam, california.--Project for dam safety 
     improvements, Oroville Dam, California.
       (4) Rio hondo channel, california.--Project for ecosystem 
     restoration, Rio Hondo Channel, San Gabriel River, 
     California.
       (5) Shingle creek and kissimmee river, florida.--Project 
     for ecosystem restoration and water storage, Shingle Creek 
     and Kissimmee River, Osceola County, Florida.
       (6) St. john's river and lake jesup, florida.--Project for 
     ecosystem restoration, St. John's River and Lake Jesup, 
     Florida.
       (7) Chicago area waterways system, illinois.--Project for 
     ecosystem restoration, recreation, and other purposes, 
     Illinois River, Chicago River, Calumet River, Grand Calumet 
     River, Little Calumet River, and other waterways in the 
     vicinity of Chicago, Illinois.
       (8) Fox river, illinois.--Project for flood risk 
     management, Fox River, Illinois.
       (9) Lower missouri river, kansas.--Project for bank 
     stabilization and navigation, Lower Missouri River, Sioux 
     City, Kansas.
       (10) Tangipahoa parish, louisiana.--Project for flood risk 
     management, Tangipahoa Parish, Louisiana.
       (11) Newbury and newburyport, massachusetts.--Project for 
     coastal storm risk management, Newbury and Newburyport, 
     Massachusetts.
       (12) Escatawpa river basin, mississippi.--Project for flood 
     risk management and ecosystem restoration, Escatawpa River, 
     Jackson County, Mississippi.
       (13) Long beach, bay st. louis and mississippi sound, 
     mississippi.--Project for hurricane and storm damage risk 
     reduction and flood

[[Page H7714]]

     risk management, Long Beach, Bay St. Louis and Mississippi 
     Sound, Mississippi.
       (14) Tallahoma and tallahala creeks, mississippi.--Project 
     for flood risk management, Leaf River, Jones County, 
     Mississippi.
       (15) Lower missouri river, missouri.--Project for 
     navigation, Lower Missouri River, Missouri.
       (16) Lower osage river basin, missouri.--Project for 
     ecosystem restoration, Lower Osage River Basin, Missouri.
       (17) Wyatt, missouri.--Project for flood risk management, 
     P. Fields Pump Station, Wyatt, Missouri.
       (18) Upper basin and stony brook (green brook sub-basin), 
     raritan river basin, new jersey.--Reevaluation of the Upper 
     Basin and Stony Brook portions of the project for flood 
     control, Green Brook Sub-basin, Raritan River Basin, New 
     Jersey, authorized by section 401 of the Water Resources 
     Development Act of 1986 (100 Stat. 4119), including the 
     evaluation of nonstructural measures to achieve the project 
     purpose.
       (19) Wading river creek, new york.--Project for hurricane 
     and storm damage risk reduction, flood risk management, 
     navigation, and ecosystem restoration, Wading River Creek, 
     New York.
       (20) Lower columbia river basin (turning basin), oregon and 
     washington.--Project to improve and add turning basins for 
     the project for navigation, Columbia River Channel, Oregon 
     and Washington, authorized by section 101(b)(13) of the Water 
     Resources Development Act of 1999 (113 Stat. 280).
       (21) Williamsport, pennsylvania.--Project for flood risk 
     management and levee rehabilitation, greater Williamsport, 
     Pennsylvania.
       (22) City of charleston, south carolina.--Project for 
     tidal- and inland-related flood risk management, Charleston, 
     South Carolina.
       (23) Chocolate bayou, texas.--Project for flood risk 
     management, Chocolate Bayou, Texas.
       (24) Houston-galveston, texas.--Project for navigation, 
     Houston-Galveston, Texas.
       (25) Port arthur and orange county, texas.--Project for 
     flood risk management, Port Arthur and Orange County, Texas, 
     including construction of improvements to interior drainage.
       (26) Port of victoria, texas.--Project for flood risk 
     management, Port of Victoria, Texas.
       (27) Virginia beach and vicinity, virginia and north 
     carolina.--Project for coastal storm risk management, 
     Virginia Beach and vicinity, Virginia and North Carolina.
       (b) Special Rule.--The Secretary shall consider any study 
     carried out by the Secretary to formulate the project for 
     flood risk management, Port Arthur and Orange County, Texas, 
     identified in subsection (a)(25) to be a continuation of the 
     study carried out for Sabine Pass to Galveston Bay, Texas, 
     authorized by a resolution of the Committee on Environment 
     and Public Works of the Senate, approved June 23, 2004, and 
     funded by title IV of division B of the Bipartisan Budget Act 
     of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--
     DEPARTMENT OF THE ARMY--CONSTRUCTION'' (Public Law 115-123; 
     132 Stat. 76).

     SEC. 202. EXPEDITED COMPLETIONS.

       (a) Feasibility Reports.--The Secretary shall expedite the 
     completion of a feasibility study for each of the following 
     projects, and if the Secretary determines that the project is 
     justified in a completed report, may proceed directly to 
     preconstruction planning, engineering, and design of the 
     project:
       (1) Project for navigation, Florence, Alabama.
       (2) Project to modify the project for navigation, 
     Tennessee-Tombigbee Waterway, Alabama, Kentucky, Mississippi, 
     and Tennessee.
       (3) Project for shoreline stabilization, Aunu`u Harbor, 
     American Samoa.
       (4) Project for shoreline stabilization, Tutuila Island, 
     American Samoa.
       (5) Project for flood risk management, Lower Santa Cruz 
     River, Arizona.
       (6) Project for flood risk management, Rio de Flag, 
     Arizona.
       (7) Project for flood risk management, Tonto Creek, Gila 
     River, Arizona.
       (8) Project for flood control, water conservation, and 
     related purposes, Coyote Valley Dam, California.
       (9) Project for shoreline stabilization, Del Mar Bluffs, 
     San Diego County, California, carried out pursuant to the 
     resolution of the Committee on Transportation and 
     Infrastructure of the House of Representatives adopted on 
     April 22, 1999 (docket number 2598).
       (10) Project for flood damage reduction and ecosystem 
     restoration, Del Rosa Channel, city of San Bernardino, 
     California.
       (11) Project for flood risk management, Lower Cache Creek, 
     California.
       (12) Project for flood damage reduction and ecosystem 
     restoration, Mission-Zanja Channel, cities of San Bernardino 
     and Redlands, California.
       (13) Project for flood risk management, Napa, California.
       (14) Project for shoreline protection, Oceanside, 
     California, authorized pursuant to section 414 of the Water 
     Resources Development Act of 2000 (114 Stat. 2636; 121 Stat. 
     1176).
       (15) Project for ecosystem restoration and water 
     conservation, Prado Basin, Orange, Riverside, and San 
     Bernardino counties, California.
       (16) Project for water conservation and water supply, 
     Redbank and Fancher Creeks, California.
       (17) Project for coastal storm damage reduction, San Diego 
     County shoreline, California.
       (18) Project to modify the project for navigation, San 
     Francisco Bay to Stockton, California.
       (19) Project for flood risk management, San Francisquito 
     Creek, California.
       (20) Project to modify the Seven Oaks Dam, California, 
     portion of the project for flood control, Santa Ana River 
     Mainstem, California, authorized by section 401(a) of the 
     Water Resources Development Act of 1986 (100 Stat. 4113; 101 
     Stat. 1329-111; 104 Stat. 4611; 110 Stat. 3713; 121 Stat. 
     1115), to include water conservation as an authorized 
     purpose.
       (21) Project for coastal storm damage reduction, Southern 
     California.
       (22) Project for water storage, Halligan Dam, Colorado.
       (23) Project for flood risk management, East Hartford Levee 
     System, Connecticut.
       (24) Project for flood risk management, Fairfield and New 
     Haven Counties, Connecticut.
       (25) Project for navigation, Guilford Harbor and Sluice 
     Channel, Connecticut.
       (26) Project for flood risk management, Hartford Levee 
     System, Connecticut.
       (27) Project for ecosystem restoration, Central and 
     Southern Florida Project Canal 111 (C-111), South Dade 
     County, Florida.
       (28) Project for ecosystem restoration, Lake Okeechobee, 
     Florida.
       (29) Project for ecosystem restoration, Western Everglades, 
     Florida.
       (30) Project for flood risk management, Hanapepe River, 
     Kauai, Hawaii.
       (31) Project for flood risk management, Wailupe Stream, 
     Oahu, Hawaii.
       (32) Project for flood risk management, Waimea River, 
     Kauai, Hawaii, being carried out under section 205 of the 
     Flood Control Act of 1948 (33 U.S.C. 701s).
       (33) Project for comprehensive hurricane and storm damage 
     risk reduction and shoreline erosion protection, Chicago, 
     Illinois, authorized by section 101(a)(12) of the Water 
     Resources Development Act of 1996 (110 Stat. 3664; 113 Stat. 
     302).
       (34) Project for flood risk management, Wheaton, DuPage 
     County, Illinois.
       (35) Project for flood damage reduction, ecosystem 
     restoration, and recreation, Blue River Basin, Kansas City, 
     Kansas, carried out pursuant to the resolution of the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives adopted on September 24, 2008 (docket 
     number 2803).
       (36) Project for flood control, Amite River and Tributaries 
     east of the Mississippi River, Louisiana.
       (37) Project for coastal storm risk management, Upper 
     Barataria Basin, Louisiana.
       (38) Project for navigation, Kent Narrows and Chester 
     River, Queen Anne's County, Maryland.
       (39) Project to replace the Bourne and Sagamore Bridges, 
     Cape Cod, Massachusetts.
       (40) Project for flood risk management, ecosystem 
     restoration, and recreation, Lower St. Croix River, 
     Minnesota, carried out pursuant to the resolution of the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives adopted on September 25, 2002 (docket 
     number 2705).
       (41) Project to deepen the project for navigation, Gulfport 
     Harbor, Mississippi, authorized by section 202(a) of the 
     Water Resources Development Act of 1986 (100 Stat. 4094).
       (42) Project for navigation, Shark River, New Jersey.
       (43) Project for navigation, Goldsmith Inlet, New York.
       (44) Project for navigation, Lake Montauk Harbor, New York.
       (45) Project for rehabilitation of Lock E-32, Erie Canal, 
     Pittsford, New York.
       (46) Project for navigation and shoreline stabilization, 
     Reel Point Preserve, New York, carried out pursuant to the 
     resolution of the Committee on Transportation and 
     Infrastructure of the House of Representatives adopted on May 
     2, 2007 (docket number 2775).
       (47) Project for flood risk management, Rondout Creek-
     Wallkill River Watershed, New York, carried out pursuant to 
     the resolution of the Committee on Transportation and 
     Infrastructure of the House of Representatives adopted on May 
     2, 2007 (docket number 2776).
       (48) Project for ecosystem restoration and hurricane and 
     storm damage risk reduction, Spring Creek South (Howard 
     Beach), Queens, New York.
       (49) Project for ecosystem restoration, Hood River at the 
     confluence with the Columbia River, Oregon.
       (50) Project to resolve increased silting and shoaling 
     adjacent to the Federal channel, Port of Bandon, Coquille 
     River, Oregon.
       (51) Project for flood control, 42nd Street Levee, 
     Springfield, Oregon, being carried out under section 205 of 
     the Flood Control Act of 1948 (33 U.S.C. 701s).
       (52) Project for construction of Tribal housing authorized 
     by title IV of Public Law 100-581 (102 Stat. 2944), Oregon 
     and Washington.
       (53) Project for flood risk management, Dorchester County, 
     South Carolina.
       (54) Project for navigation, Georgetown Harbor, South 
     Carolina.
       (55) Project for hurricane and storm damage risk reduction, 
     Myrtle Beach, South Carolina.
       (56) Project to modify the projects for navigation and 
     other purposes, Old Hickory Lock and Dam and the Cordell Hull 
     Dam and Reservoir, Cumberland River, Tennessee, authorized by 
     the Act of July 24, 1946 (chapter 595, 60 Stat. 636), to add 
     flood risk management as an authorized purpose.
       (57) Project for flood risk management, Buffalo Bayou, 
     Texas.
       (58) Project for flood risk management, ecosystem 
     restoration, water supply, and related purposes, Lower Rio 
     Grande River, Cameron County, Texas, carried out pursuant to 
     the resolution of the Committee on Transportation and 
     Infrastructure of the House of Representatives adopted on May 
     21, 2003 (docket number 2710).
       (59) Project for hurricane and storm damage risk reduction 
     and shoreline erosion protection, Bolongo Bay, St. Thomas, 
     United States Virgin Islands.

[[Page H7715]]

       (60) Project for water supply and ecosystem restoration, 
     Howard Hanson Dam, Washington.
       (61) Project for ecosystem restoration, Puget Sound, 
     Washington.
       (62) Project for navigation, Seattle Harbor, Washington.
       (63) Project for navigation, Tacoma Harbor, Washington.
       (64) Project for dam safety remediation, Bluestone Dam, 
     West Virginia.
       (65) Project to modify the project for navigation, 
     Milwaukee Harbor, Wisconsin.
       (b) Post-authorization Change Reports.--The Secretary shall 
     expedite completion of a post-authorization change report for 
     the following projects:
       (1) Project for ecosystem restoration, Tres Rios, Arizona.
       (2) Project for flood risk management, Des Moines Levee 
     System, including Birdland Park Levee, Des Moines and Raccoon 
     Rivers, Des Moines, Iowa.
       (c) Watershed and River Basin Assessments.--The Secretary 
     shall expedite the completion of an assessment under section 
     729 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2267a) for the following:
       (1) Kansas River Basin, Kansas.
       (2) Merrimack River Basin, Massachusetts.
       (3) Pascagoula River Basin, Mississippi.
       (4) Tuscarawas River Basin, Ohio.
       (5) Lower Fox River Basin, Wisconsin.
       (6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
       (d) Disposition Studies.--The Secretary shall expedite the 
     completion of a disposition study, carried out under section 
     216 of the Flood Control Act of 1970 (33 U.S.C. 549a), for 
     the project for Salinas Reservoir (Santa Margarita Lake), 
     California.
       (e) Reallocation Studies.--The Secretary shall expedite the 
     completion of a study for the reallocation of water supply 
     storage, carried out in accordance with section 301 of the 
     Water Supply Act of 1958 (43 U.S.C. 390b), for the following:
       (1) Aquilla Lake, Texas.
       (2) Lake Whitney, Texas.
       (f) Economic Reevaluation Report.--The Secretary shall 
     expedite the completion of the economic reevaluation report 
     for the navigation and sustainability program carried out 
     pursuant to title VIII of the Water Resources Development Act 
     of 2007 (33 U.S.C. 652 note).

     SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY 
                   STUDIES.

       (a) In General.--The Secretary shall expedite the 
     completion of the following feasibility studies, as modified 
     by this section, and if the Secretary determines that a 
     project that is the subject of the feasibility study is 
     justified in a completed report, may proceed directly to 
     preconstruction planning, engineering, and design of the 
     project:
       (1) San francisco bay, california.--The study for flood 
     risk reduction authorized by section 142 of the Water 
     Resources Development Act of 1976 (90 Stat. 2930), is 
     modified to authorize the Secretary to--
       (A) investigate the ocean shoreline of San Mateo, San 
     Francisco, and Marin Counties for the purposes of providing 
     flood protection against tidal and fluvial flooding;
       (B) with respect to the bay and ocean shorelines of San 
     Mateo, San Francisco, and Marin Counties, investigate 
     measures to adapt to rising sea levels; and
       (C) with respect to the bay and ocean shorelines, and 
     streams running to the bay and ocean shorelines, of San 
     Mateo, San Francisco, and Marin Counties, investigate the 
     effects of proposed flood protection and other measures or 
     improvements on--
       (i) the local economy;
       (ii) habitat restoration, enhancement, or expansion efforts 
     or opportunities;
       (iii) public infrastructure protection and improvement;
       (iv) stormwater runoff capacity and control measures, 
     including those that may mitigate flooding;
       (v) erosion of beaches and coasts; and
       (vi) any other measures or improvements relevant to 
     adapting to rising sea levels.
       (2) Sacramento river, southern sutter county, california.--
     The study for flood control and allied purposes for the 
     Sacramento River Basin, authorized by section 209 of the 
     Flood Control Act of 1962 (76 Stat. 1197), is modified to 
     authorize the Secretary to conduct a study for flood risk 
     management, southern Sutter County between the Sacramento 
     River and Sutter Bypass, California.
       (3) Salton sea, california.--In carrying out the program to 
     implement projects to restore the Salton Sea, California, 
     authorized by section 3032 of the Water Resources Development 
     Act of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary 
     is authorized to carry out a study for the construction of a 
     perimeter lake, or a northern or southern subset thereof, for 
     the Salton Sea, California.
       (4) New york and new jersey harbor and tributaries, new 
     york and new jersey.--The study for flood and storm damage 
     reduction for the New York and New Jersey Harbor and 
     Tributaries project, authorized by the Act of June 15, 1955 
     (chapter 140, 69 Stat. 132), and being carried out pursuant 
     to the Disaster Relief Appropriations Act, 2013 (Public Law 
     113-2), is modified to require the Secretary to--
       (A) evaluate and address the impacts of low-frequency 
     precipitation and sea-level rise on the study area;
       (B) consult with affected communities; and
       (C) ensure the study is carried out in accordance with 
     section 1001 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2282c).
       (b) Considerations.--Where appropriate, the Secretary may 
     use the authority provided by section 216 of the Flood 
     Control Act of 1970 (33 U.S.C. 549a) to carry out this 
     section.

     SEC. 204. ASSISTANCE TO NON-FEDERAL SPONSORS; FEASIBILITY 
                   ANALYSIS.

       (a) Assistance to Non-Federal Sponsors.--
       (1) In general.--Subject to the availability of 
     appropriations, during the period during which a non-Federal 
     interest may submit a proposal to be considered for inclusion 
     in an annual report pursuant to section 7001(b) of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d(b)), the Secretary is authorized to provide assistance 
     in accordance with section 1104(b) of the Water Resources 
     Development Act of 2018 (33 U.S.C. 2282d note) to the non-
     Federal interest of a project proposal described in paragraph 
     (2).
       (2) Project proposals described.--A project proposal 
     referred to in paragraph (1) is a proposal for any of the 
     following:
       (A) A feasibility study for a fish passage for ecosystem 
     restoration, Lower Alabama River, Alabama.
       (B) A feasibility study for dredged material disposal 
     management activities, Port of Florence, Alabama.
       (C) A feasibility study for a project for flood risk 
     management, Sikorsky Memorial Airport, Bridgeport, 
     Connecticut.
       (D) A feasibility study for a project to design and 
     construct the Naugatuck River Greenway Trail, a multiuse 
     trail on Federal land between Torrington and Derby, 
     Connecticut.
       (E) A feasibility study for a project for coastal and flood 
     risk management, Stratford, Connecticut.
       (F) A feasibility study for projects for flood risk 
     management, Woodbridge, Connecticut.
       (G) The project for flood risk management, Bloomington, 
     Indiana.
       (H) The project for flood risk management, Gary, Indiana.
       (I) Modification of the project for beach erosion and 
     hurricane protection, Grand Isle, Louisiana, to include 
     periodic beach nourishment.
       (J) A feasibility study for a project for flood risk 
     management, Cataouatche Subbasin area of the west bank of 
     Jefferson Parish, Louisiana.
       (K) A feasibility study for projects for flood risk 
     management and storm damage reduction in the Hoey's Basin 
     area of the east bank of Jefferson Parish, Louisiana, 
     including a study of the ``pump to the river'' concept.
       (L) A feasibility study for a project for flood risk 
     management, Hoosic River, Massachusetts.
       (M) Modification of the project for navigation, River 
     Rouge, Michigan.
       (N) A project to extend dredging of the South Haven Harbor, 
     Michigan, to include the former turning basin.
       (O) Modification of the project for flood risk management, 
     Upper Rouge River, Wayne County, Michigan.
       (P) A project for aquatic and riparian ecosystem 
     restoration, Line Creek, Riverside, Missouri.
       (Q) A feasibility study for projects for ecosystem 
     restoration, Bangert Island, St. Charles, Missouri, related 
     to channels and aquatic habitats.
       (R) A study of the resiliency of the Allegheny Reservoir, 
     New York, in consultation with the Seneca Nation.
       (S) A feasibility study for the rehabilitation of the 
     tainter gates and guard gate, Caughdenoy Dam, New York, 
     including an evaluation of the rehabilitation work necessary 
     to extend the service life of those structures, such as--
       (i) improvements to the hydraulic efficiency of the gate 
     systems;
       (ii) improvements to the concrete foundation and gate 
     support structures; and
       (iii) any other improvements the Secretary determines to be 
     necessary.
       (T) A project for repairs to the West Pier and West Barrier 
     Bar, Little Sodus Bay Harbor, Cayuga County, New York.
       (U) A project for repair of a sheet pile wall and east 
     breakwater, Great Sodus Bay, New York.
       (V) A feasibility study for the project for navigation, 
     Port of Oswego, New York.
       (W) A feasibility study for potential projects for the 
     rehabilitation of the Glens Falls Feeder Canal, which begins 
     at the Feeder Dam intersection with the Hudson River in 
     Queensbury, New York, and runs to the confluence of the Old 
     Champlain Canal in Kingsbury, New York.
       (X) A feasibility study to determine whether the purchase 
     of additional flood easements, changes in lake level 
     management, additional levee infrastructure, or 
     implementation of other flood risk management or containment 
     mechanisms in the Arkansas River Basin, Oklahoma, would 
     benefit local communities by reducing flood risks around 
     water resources development projects of the Corps of 
     Engineers in a range of different flood scenarios.
       (Y) A feasibility study on increasing the frequency and 
     depth of dredging assistance from the Corps of Engineers at 
     the Port of Astoria, located at the mouth of the Columbia 
     River, Oregon.
       (b) Feasibility Analysis.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary is authorized to review a 
     project proposal described in paragraph (2) and issue a 
     report to the Committee on Environment and Public Works of 
     the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives on whether a 
     modification to the project that is the subject of the 
     proposal is necessary and recommended to carry out the 
     authorized purposes of such project.
       (2) Project proposals described.--A project proposal 
     referred to in paragraph (1) is a proposal to modify any of 
     the following:
       (A) The project for environmental infrastructure, City of 
     Sheffield, Alabama, authorized pursuant to section 219(f)(78) 
     of the Water Resources Development Act of 1992 (106 Stat. 
     4835; 113 Stat. 335; 121 Stat. 1258; 130 Stat. 1687).

[[Page H7716]]

       (B) The project for environmental infrastructure, Calaveras 
     County, California, under section 219(f)(86) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     335; 121 Stat. 1259).
       (C) The project for environmental infrastructure, Charlotte 
     County, Florida, authorized by section 219(f)(121) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1261).
       (D) The Mississippi River and Tributaries project 
     authorized by the first section of the Act of May 15, 1928 
     (33 U.S.C. 702a), to include the portion of the Ouachita 
     River Levee System at and below Monroe, Louisiana, to 
     Caldwell Parish, Louisiana.
       (E) The project for environmental infrastructure, Central 
     New Mexico, authorized by section 593 of the Water Resources 
     Development Act of 1999 (113 Stat. 380; 119 Stat. 2255).
       (F) The project for environmental infrastructure, Village 
     of Whitehall, New York, authorized pursuant to section 542 of 
     the Water Resources Development Act of 2000 (114 Stat. 2671; 
     121 Stat. 1150).
       (G) The project for environmental infrastructure, Ohio and 
     North Dakota, authorized by section 594 of the Water 
     Resources Development Act of 1999 (113 Stat. 383; 121 Stat. 
     1140; 121 Stat. 1944).
       (H) The project for flood risk management and water supply, 
     Tenkiller Ferry Lake, Arkansas River Basin, Oklahoma, 
     authorized by section 4 of the Act of June 28, 1938 (chapter 
     795, 52 Stat. 1218), to modify water storage to provide for a 
     sufficient quantity of water supply storage space in the 
     inactive pool storage to support the fishery downstream from 
     Tenkiller Reservoir.
       (I) The project for environmental infrastructure, Athens, 
     Tennessee, authorized by section 219(f)(254) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     335; 121 Stat. 1267).
       (J) The project for environmental infrastructure, Blaine, 
     Tennessee, authorized by section 219(f)(255) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     335; 121 Stat. 1267).
       (K) The project for environmental infrastructure, Claiborne 
     County, Tennessee, authorized by section 219(f)(256) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1267).
       (L) The project for environmental infrastructure, Giles 
     County, Tennessee, authorized by section 219(f)(257) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1267).
       (M) The project for environmental infrastructure, Grainger 
     County, Tennessee, authorized by section 219(f)(258) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1267).
       (N) The project for environmental infrastructure, Hamilton 
     County, Tennessee, authorized by section 219(f)(259) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1267).
       (O) The project for environmental infrastructure, 
     Harrogate, Tennessee, authorized by section 219(f)(260) of 
     the Water Resources Development Act of 1992 (106 Stat. 4835; 
     113 Stat. 335; 121 Stat. 1267).
       (P) The project for environmental infrastructure, Johnson 
     County, Tennessee, authorized by section 219(f)(261) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1267).
       (Q) The project for environmental infrastructure, 
     Knoxville, Tennessee, authorized by section 219(f)(262) of 
     the Water Resources Development Act of 1992 (106 Stat. 4835; 
     113 Stat. 335; 121 Stat. 1267).
       (R) The project for environmental infrastructure, Lewis, 
     Lawrence, and Wayne Counties, Tennessee, authorized by 
     section 219(f)(264) of the Water Resources Development Act of 
     1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
       (S) The project for environmental infrastructure, 
     Nashville, Tennessee, authorized by section 219(f)(263) of 
     the Water Resources Development Act of 1992 (106 Stat. 4835; 
     113 Stat. 335; 121 Stat. 1267).
       (T) The project for environmental infrastructure, Oak 
     Ridge, Tennessee, authorized by section 219(f)(265) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 335; 121 Stat. 1268).
       (U) The project for environmental infrastructure, Plateau 
     Utility District, Morgan County, Tennessee, authorized by 
     section 219(f)(266) of the Water Resources Development Act of 
     1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
       (V) The authorized funding level for critical restoration 
     projects, Lake Champlain watershed, Vermont and New York, 
     authorized by section 542 of the Water Resources Development 
     Act of 2000 (114 Stat. 2671; 121 Stat. 1150).
       (W) The project for environmental infrastructure, Eastern 
     Shore and Southwest Virginia, authorized by section 
     219(f)(10) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1255).

     SEC. 205. SELMA, ALABAMA.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report that--
       (1) provides an update on the study for flood risk 
     management and riverbank stabilization, Selma, Alabama, 
     authorized by resolutions of the Committees on Public Works 
     and Rivers and Harbors of the House of Representatives on 
     June 7, 1961, and April 28, 1936, respectively, the 
     completion of which the Secretary was required to expedite by 
     section 1203 of the Water Resources Development Act of 2018 
     (132 Stat. 3803); and
       (2) identifies project alternatives necessary to--
       (A) assure the preservation of cultural and historic values 
     associated with national historic landmarks within the study 
     area; and
       (B) provide flood risk management for economically 
     disadvantaged communities within the study area.

     SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN 
                   APPALACHIA.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in collaboration with 
     the Appalachian Regional Commission established by section 
     14301(a) of title 40, United States Code, shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report that identifies each Corps 
     of Engineers facility that--
       (1) is located within a distressed county or an at-risk 
     county (as designated by the Appalachian Regional Commission 
     pursuant to subparagraph (A) or (B) of section 14526(a)(1), 
     of title 40, United States Code), including in counties that 
     are experiencing high unemployment or job loss; and
       (2) could be improved for purposes of economic development, 
     recreation, or other uses.
       (b) Hydropower Facilities.--
       (1) Identification of potential hydropower development.--
     The Secretary shall include in the report submitted under 
     subsection (a) the identification of any existing nonpowered 
     dams, located within a distressed county or an at-risk 
     county, with the potential to be used to test, evaluate, 
     pilot, demonstrate, or deploy hydropower or energy storage 
     technologies.
       (2) Information.--In carrying out this subsection, the 
     Secretary may use any information developed pursuant to 
     section 1206 of the Water Resources Development Act of 2018 
     (132 Stat. 3806).
       (3) Coordination.--In carrying out paragraph (1), the 
     Secretary shall coordinate with any relevant National 
     Laboratories.

     SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST 
                   COMPREHENSIVE STUDY.

       (a) In General.--The Secretary shall carry out a study to 
     determine the feasibility of a project for hurricane and 
     storm damage risk reduction for any major metropolitan area 
     located in the study area for the comprehensive study 
     authorized under the heading ``Department of the Army--Corps 
     of Engineers--Civil--Investigations'' under the Disaster 
     Relief Appropriations Act, 2013 (Public Law 113-2) that was 
     not included in a high-risk focus area identified in the 
     study.
       (b) Treatment.--A study carried out under subsection (a) 
     shall be considered to be a continuation of the comprehensive 
     study described in that subsection.

     SEC. 208. SOUTH ATLANTIC COASTAL STUDY.

       Section 1204 of the Water Resources Development Act of 2016 
     (130 Stat. 1685) is amended by adding at the end the 
     following:
       ``(d) Annual Reports.--Not later than 180 days after the 
     enactment of the Water Resources Development Act of 2020, and 
     not less frequently than annually thereafter until 2025, the 
     Secretary shall submit to the Committee on Environment and 
     Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a report on the status of the study under 
     subsection (a), on a State-by-State basis, including 
     information on the engagement of the Corps of Engineers with 
     non-Federal interests, including detailed lists of all 
     meetings and decision outcomes associated with those 
     engagements.''.

     SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO 
                   BYPASS, CALIFORNIA.

       (a) Comprehensive Study.--The Secretary shall conduct a 
     comprehensive study of the Sacramento River in the vicinity 
     of the Yolo Bypass System, California, to identify actions to 
     be undertaken by the Secretary for the comprehensive 
     management of the Yolo Bypass System for the purposes of 
     flood risk management, ecosystem restoration, water supply, 
     hydropower, and recreation.
       (b) Consultation and Use of Existing Data.--
       (1) Consultation.--In conducting the comprehensive study 
     under subsection (a), the Secretary shall consult with the 
     Governor of the State of California, applicable Federal, 
     State, and local agencies, non-Federal interests, the Yolo 
     Bypass and Cache Slough Partnership, and other stakeholders.
       (2) Use of existing data and prior studies.--To the maximum 
     extent practicable and where appropriate, the Secretary may--
       (A) make use of existing data provided to the Secretary by 
     the entities identified in paragraph (1); and
       (B) incorporate--
       (i) relevant information from prior studies and projects 
     carried out by the Secretary within the study area; and
       (ii) the latest technical data and scientific approaches to 
     changing hydrologic and climatic conditions.
       (c) Recommendations.--
       (1) In general.--In conducting the comprehensive study 
     under subsection (a), the Secretary may develop a 
     recommendation to Congress for--
       (A) the construction of a water resources development 
     project;
       (B) the structural or operational modification of an 
     existing water resources development project;
       (C) additional monitoring of, or adaptive management 
     measures to carry out with respect to, existing water 
     resources development projects, to respond to changing 
     hydrologic and climatic conditions; or
       (D) geographic areas within the Yolo Bypass System for 
     additional study by the Secretary.
       (2) Additional considerations.--Any feasibility study 
     carried out pursuant to a recommendation under paragraph 
     (1)(D) shall be

[[Page H7717]]

     considered to be a continuation of the comprehensive study 
     authorized under subsection (a).
       (d) Completion of Study; Report to Congress.--Not later 
     than 3 years after the date of enactment of this section, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report detailing--
       (1) the results of the comprehensive study conducted under 
     subsection (a), including any recommendations developed under 
     subsection (c);
       (2) any additional, site-specific areas within the Yolo 
     Bypass System where additional study for flood risk 
     management or ecosystem restoration projects is recommended 
     by the Secretary; and
       (3) any interim actions relating to existing water 
     resources development projects undertaken by the Secretary 
     during the study period.
       (e) Definitions.--In this section:
       (1) Yolo bypass system.--The term ``Yolo Bypass System'' 
     means the system of weirs, levees, bypass structures, and 
     other water resources development projects in California's 
     Sacramento River Valley, extending from the Fremont Weir near 
     Woodland, California, to the Sacramento River near Rio Vista, 
     California, authorized pursuant to section 2 of the Act of 
     March 1, 1917 (chapter 144; 39 Stat. 949).
       (2) Yolo bypass and cache slough partnership.--The term 
     ``Yolo Bypass and Cache Slough Partnership'' means the group 
     of parties to the Yolo Bypass and Cache Slough Memorandum of 
     Understanding, effective May 2016, regarding collaboration 
     and cooperation in the Yolo Bypass and Cache Slough region.

     SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.

       (a) In General.--In carrying out the review of the Lake 
     Okeechobee regulation schedule pursuant to section 1106 of 
     the Water Resources Development Act of 2018 (132 Stat. 3773), 
     the Secretary shall--
       (1) evaluate the implications of prohibiting releases from 
     Lake Okeechobee through the S-308 and S-80 lock and dam 
     structures, and evaluate separately the implications of 
     prohibiting high volume releases through the S-77, S-78, and 
     S-79 lock and dam structures, on the operation of the lake in 
     accordance with authorized purposes and seek to minimize 
     unnecessary releases to coastal estuaries; and
       (2) to the maximum extent practicable, coordinate with the 
     ongoing efforts of Federal and State agencies responsible for 
     monitoring, forecasting, and notification of cyanobacteria 
     levels in Lake Okeechobee.
       (b) Monthly Report.--Each month, the Secretary shall make 
     public a report, which may be based on the Water Management 
     Daily Operational Reports, disclosing the volumes of water 
     deliveries to or discharges from Lake Okeechobee & Vicinity, 
     Water Conservation Area I, Water Conservation Area II, Water 
     Conservation Area III, East Coast Canals, and the South Dade 
     Conveyance. Such report shall be aggregated and reported in a 
     format designed for the general public, using maps or other 
     widely understood communication tools.
       (c) Effect.--In carrying out the evaluation under 
     subsection (a)(1), nothing shall be construed to authorize 
     any new purpose for the management of Lake Okeechobee or 
     authorize the Secretary to affect any existing authorized 
     purpose, including flood protection and management of Lake 
     Okeechobee to provide water supply for all authorized users.

     SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.

       (a) In General.--In carrying out the comprehensive 
     assessment of water resources needs for the Great Lakes 
     System under section 729 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 2267a), as required by section 1219 of 
     the Water Resources Development Act of 2018 (132 Stat. 3811), 
     the Secretary shall--
       (1) taking into account recent high lake levels within the 
     Great Lakes, assess and make recommendations to Congress on--
       (A) coastal storm and flood risk management measures, 
     including measures that use natural features and nature-based 
     features, as those terms are defined in section 1184 of the 
     Water Resources Development Act of 2016 (33 U.S.C. 2289a);
       (B) operation and maintenance of the Great Lakes Navigation 
     System, as such term is defined in section 210 of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2238);
       (C) ecosystem protection and restoration;
       (D) the prevention and control of invasive species and the 
     effects of invasive species; and
       (E) recreation associated with water resources development 
     projects;
       (2) prioritize actions necessary to protect critical public 
     infrastructure, communities, and critical natural or cultural 
     resources; and
       (3) to the maximum extent practicable and where 
     appropriate, utilize existing data provided to the Secretary 
     by Federal and State agencies, Indian Tribes, and other 
     stakeholders, including data obtained through other Federal 
     programs.
       (b) Recommendations; Additional Study.--
       (1) In general.--In carrying out the comprehensive 
     assessment described in subsection (a), the Secretary may 
     make a recommendation to Congress for--
       (A) the construction of a water resources development 
     project;
       (B) the structural or operational modification of an 
     existing water resources development project;
       (C) additional monitoring of, or adaptive management 
     measures to carry out with respect to, existing water 
     resources development projects, to respond to changing 
     hydrologic and climatic conditions; or
       (D) geographic areas within the Great Lakes System for 
     additional study by the Secretary.
       (2) Focus areas.--In addition to carrying out subsection 
     (a), to contribute to the comprehensive assessment described 
     in such subsection, the Secretary is authorized to conduct 
     feasibility studies for--
       (A) the project for coastal storm resiliency, Lake Ontario 
     shoreline, New York; and
       (B) the project for coastal storm resiliency, Chicago 
     shoreline, Illinois.
       (3) Additional considerations.--Any feasibility study 
     carried out pursuant to this subsection, including pursuant 
     to a recommendation under paragraph (1)(D), shall be 
     considered to be a continuation of the comprehensive 
     assessment described in subsection (a).
       (c) Exemption From Maximum Study Cost and Duration 
     Limitations.--Section 1001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282c) shall not apply to 
     any study recommended under subsection (b)(1)(D) or carried 
     out pursuant to subsection (b)(2).

     SEC. 212. REPORT ON THE STATUS OF RESTORATION IN THE 
                   LOUISIANA COASTAL AREA.

       Not later than 1 year after the date of enactment of this 
     Act, the Coastal Louisiana Ecosystem Protection and 
     Restoration Task Force established by section 7004 of Water 
     Resources Development Act of 2007 (121 Stat. 1272) shall 
     submit to Congress a report that summarizes the activities 
     and recommendations of the Task Force, including--
       (1) policies, strategies, plans, programs, projects, and 
     activities undertaken for addressing conservation, 
     protection, restoration, and maintenance of the coastal 
     Louisiana ecosystem; and
       (2) financial participation by each agency represented on 
     the Task Force in conserving, protecting, restoring, and 
     maintaining the coastal Louisiana ecosystem.

     SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT 
                   STUDY.

       (a) Comprehensive Study.--
       (1) Purpose.--The Secretary, in collaboration with the 
     heads of other relevant Federal agencies and pursuant to 
     subsection (d)(1)(A), shall conduct a comprehensive study of 
     the Lower Mississippi River basin, from Cape Girardeau, 
     Missouri, to the Gulf of Mexico, to identify recommendations 
     of actions to be undertaken by the Secretary, under existing 
     authorities or after congressional authorization, for the 
     comprehensive management of the basin for the purposes of--
       (A) hurricane and storm damage reduction, flood risk 
     management, structural and nonstructural flood control, and 
     floodplain management strategies;
       (B) navigation;
       (C) ecosystem and environmental restoration;
       (D) water supply;
       (E) hydropower production;
       (F) recreation; and
       (G) other purposes as determined by the Secretary.
       (2) Development.--In conducting the comprehensive study 
     under paragraph (1), the Secretary shall investigate--
       (A) the construction of new water resources development 
     projects;
       (B) structural and operational modifications to completed 
     water resources development projects within the study area;
       (C) projects proposed in the comprehensive coastal 
     protection master plan entitled ``Louisiana's Comprehensive 
     Master Plan for a Sustainable Coast'', prepared by the State 
     of Louisiana and accepted by the Louisiana Coastal Protection 
     and Restoration Authority (including any subsequent 
     amendments or revisions), including--
       (i) Ama sediment diversion;
       (ii) Union freshwater diversion;
       (iii) increase Atchafalaya flow to Terrebonne; and
       (iv) Manchac Landbridge diversion;
       (D) natural features and nature-based features, including 
     levee setbacks and instream and floodplain restoration;
       (E) fish and wildlife habitat resources, including in the 
     Mississippi Sound Estuary, the Lake Pontchartrain Basin, the 
     Breton Sound, the Barataria Basin, the Terrebonne Basin, the 
     Atchafalaya Basin, the Vermilion-Teche Basin, and other 
     outlets of the Mississippi River and Tributaries project;
       (F) mitigation of adverse impacts from operations of flood 
     control structures to the Mississippi Sound Estuary, the Lake 
     Pontchartrain Basin, the Breton Sound, the Barataria Basin, 
     the Atchafalaya Basin, and other outlets of the Mississippi 
     River and Tributaries project;
       (G) the effects of dredging and river-bottom elevation 
     changes on drainage efficiency;
       (H) the economic impacts of existing practices, including 
     such impacts on coastal resources;
       (I) monitoring requirements, including as near-real time 
     monitoring as practicable, and adaptive management measures 
     to respond to changing conditions over time;
       (J) the division of responsibilities among the Federal 
     Government and non-Federal interests with respect to the 
     purposes described in paragraph (1); and
       (K) other matters, as determined by the Secretary.
       (b) Consultation and Use of Existing Data.--In conducting 
     the comprehensive study under subsection (a), the Secretary 
     shall consult with applicable Federal, State, and local 
     agencies, Indian Tribes, non-Federal interests, and other 
     stakeholders, and, to the maximum extent practicable and 
     where appropriate, make use of existing data provided to the 
     Secretary by such entities or from any relevant multistate 
     monitoring programs.
       (c) Recommendations.--In conducting the comprehensive study 
     under subsection (a), the Secretary shall develop actionable 
     recommendations to Congress, including for--
       (1) the construction of new water resources development 
     projects to improve the maximum effective river resource use 
     and control;

[[Page H7718]]

       (2) the structural or operational modification of completed 
     water resources development projects;
       (3) such additional monitoring of, or adaptive management 
     measures to carry out with respect to, completed water 
     resources development projects, to respond to changing 
     conditions;
       (4) improving the efficiency of operational and maintenance 
     dredging within the study area;
       (5) whether changes are necessary to the Mississippi River 
     and Tributaries project within the study area;
       (6) other Federal and non-Federal action, where 
     appropriate; and
       (7) follow-up studies and data collection and monitoring to 
     be carried out by the relevant Federal or State agency.
       (d) Completion of Study; Report to Congress.--
       (1) Annual reports.--Not later than 1 year after the date 
     of enactment of this Act, and annually thereafter until the 
     final report under paragraph (2) is submitted, the Secretary 
     shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report detailing--
       (A) any interim actions relating to water resources 
     development projects within the study area undertaken by the 
     Secretary under existing authority; and
       (B) any recommendations developed under subsection (c).
       (2) Final report.--Not later than 5 years after the date of 
     enactment of this section, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a final report detailing the 
     results of the comprehensive study required by this section, 
     including the recommendations developed under subsection (c).
       (3) Application of certain requirements.--Section 1001(a) 
     of the Water Resources Reform and Development Act of 2014 (33 
     U.S.C. 2282c(a)) shall not apply to the study carried out by 
     the Secretary under this section.
       (e) Further Analysis.--
       (1) In general.--In conducting the comprehensive study 
     under subsection (a), the Secretary shall carry out 
     activities in geographic areas that warrant additional 
     analysis by the Corps of Engineers, including feasibility 
     studies.
       (2) Treatment.--A feasibility study carried out under 
     paragraph (1) shall be considered to be a continuation of the 
     comprehensive study conducted under subsection (a).
       (f) Requirements.--The comprehensive study conducted under 
     subsection (a) shall be carried out in accordance with the 
     authorities for the Mississippi River and Tributaries 
     project.
       (g) Definitions.--In this section:
       (1) Mississippi river and tributaries project.--The term 
     ``Mississippi River and Tributaries project'' means the 
     Mississippi River and Tributaries project authorized by the 
     first section of the Act of May 15, 1928 (33 U.S.C. 702a).
       (2) Natural feature; nature-based feature.--The terms 
     ``natural feature'' and ``nature-based feature'' have the 
     meanings given those terms in section 1184 of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2289a).
       (h) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $25,000,000, to 
     remain available until expended.
       (i) Savings Provision.--Nothing in this section shall delay 
     or interfere with, or be construed as grounds for enjoining 
     construction of, authorized projects within the study area.

     SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

       (a) Assessment.--The Secretary shall conduct an assessment 
     of the water resources needs of the Upper Mississippi River 
     under section 729 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2267a).
       (b) Requirements.--The Secretary shall carry out the 
     assessment under subsection (a) in accordance with the 
     requirements in section 1206(b) of Water Resources 
     Development Act of 2016 (130 Stat. 1686).

     SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS 
                   RESEARCH.

       (a) In General.--Pursuant to section 22 of the Water 
     Resources Development Act of 1974 (42 U.S.C. 1962d-16), the 
     Secretary shall conduct research on the management of fish 
     losses through the mainstem dams of the Missouri River Basin 
     during periods of high flow.
       (b) Contents.--The research conducted under subsection (a) 
     shall include an examination of--
       (1) the effects of high flow rates through Upper Missouri 
     River Basin mainstem dam outlet works on fish passage;
       (2) options used by other Corps of Engineers district 
     offices to mitigate fish losses through dams; and
       (3) the feasibility of implementing fish loss mitigation 
     options in the Upper Missouri River Basin mainstem dams, 
     based on similar ongoing studies.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report recommending a plan to 
     address fish losses through mainstem dams in the Upper 
     Missouri River Basin.

     SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD 
                   PROTECTION.

       (a) Additional Studies for Lower Missouri River Basin.--
       (1) In general.--Except as provided in paragraph (2), upon 
     the request of the non-Federal interest for the Lower 
     Missouri Basin study, the Secretary shall expand the scope of 
     such study to investigate and provide recommendations 
     relating to--
       (A) modifications to projects in Iowa, Kansas, Nebraska, 
     and Missouri authorized under the Pick-Sloan Missouri River 
     Basin Program (authorized by section 9(b) of the Act of 
     December 22, 1944 (chapter 665, 58 Stat. 891)) and the 
     Missouri River Bank Stabilization and Navigation project 
     (authorized by section 2 of the Act of March 2, 1945 (chapter 
     19, 59 Stat. 19)), including modifications to the authorized 
     purposes of such projects to further flood risk management 
     and resiliency; and
       (B) modifications to non-Federal, publicly owned levees in 
     the Lower Missouri River Basin.
       (2) Exception.--If the Secretary determines that expanding 
     the scope of the Lower Missouri Basin study as provided in 
     paragraph (1) is not practicable, and the non-Federal 
     interest for such study concurs in such determination, the 
     Secretary shall carry out such additional studies as are 
     necessary to investigate the modifications described in 
     paragraph (1).
       (3) Continuation of lower missouri basin study.--The 
     following studies shall be considered a continuation of the 
     Lower Missouri Basin study:
       (A) Any additional study carried out under paragraph (2).
       (B) Any study recommended to be carried out in a report 
     that the Chief of Engineers prepares for the Lower Missouri 
     Basin study.
       (C) Any study recommended to be carried out in a report 
     that the Chief of Engineers prepares for an additional study 
     carried out under paragraph (2).
       (D) Any study spun off from the Lower Missouri Basin study 
     before the completion of such study.
       (E) Any study spun off from an additional study carried out 
     under paragraph (2) before the completion of such additional 
     study.
       (4) Reliance on existing information.--In carrying out any 
     study described in or authorized by this subsection, the 
     Secretary, to the extent practicable, shall rely on existing 
     data and analysis, including data and analysis prepared under 
     section 22 of the Water Resources Development Act of 1974 (42 
     U.S.C. 1962d-16).
       (5) Consideration; consultation.--In developing 
     recommendations under paragraph (1), the Secretary shall--
       (A) consider the use of--
       (i) structural and nonstructural measures, including the 
     setting back of levees and removing structures from areas of 
     recurring flood vulnerability, where advantageous, to reduce 
     flood risk and damages in the Lower Missouri River Basin; and
       (ii) where such features are locally acceptable, natural 
     features or nature-based features (as such terms are defined 
     in section 1184 of the Water Resources Development Act of 
     2016 (33 U.S.C. 2289a); and
       (B) consult with applicable Federal and State agencies, 
     Indian Tribes, and other stakeholders within the Lower 
     Missouri River Basin and solicit public comment on such 
     recommendations.
       (6) Exemption from maximum study cost and duration 
     limitations.--Section 1001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282c) shall not apply to 
     the Lower Missouri Basin study or any study described in 
     paragraph (3).
       (7) Preconstruction, engineering, and design.--Upon 
     completion of a study authorized by this subsection, if the 
     Secretary determines that a recommended project, or 
     modification to a project described in paragraph (1), is 
     justified, the Secretary may proceed directly to 
     preconstruction planning, engineering, and design of the 
     project or modification.
       (8) Technical assistance.--
       (A) In general.--For the provision of technical assistance 
     to support small communities and economically disadvantaged 
     communities in the planning and design of flood risk 
     management and flood risk resiliency projects in the Lower 
     Missouri River Basin, for each of fiscal years 2021 through 
     2026, there are authorized to be appropriated--
       (i) $2,000,000 to carry out section 206 of the Flood 
     Control Act of 1960 (33 U.S.C. 709a), in addition to amounts 
     otherwise authorized to carry out such section; and
       (ii) $2,000,000 to carry out section 22(a)(2) of the Water 
     Resources Development Act of 1974 (42 U.S.C. 1962d-16), in 
     addition to amounts otherwise authorized to carry out such 
     section.
       (B) Conditions.--
       (i) Limitations not applicable.--The limitations on the use 
     of funds in section 206(d) of the Flood Control Act of 1960 
     and section 22(c)(2) of the Water Resources Development Act 
     of 1974 shall not apply to the amounts authorized to be 
     appropriated by subparagraph (A).
       (ii) Rule of construction.--Nothing in this paragraph 
     restricts the authority of the Secretary to use any funds 
     otherwise appropriated to carry out section 206 of the Flood 
     Control Act of 1960 or section 22(a)(2) of the Water 
     Resources Development Act of 1974 to provide technical 
     assistance described in subparagraph (A).
       (9) Completion of study; report to congress.--Not later 
     than 3 years after the date of enactment of this Act, the 
     Secretary shall submit to the Committee on Transportation and 
     Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report detailing--
       (A) the results of the study authorized by this subsection;
       (B) any additional, site-specific areas within the Lower 
     Missouri River Basin for which additional study for flood 
     risk management projects is recommended by the Secretary; and
       (C) any interim actions relating to existing water 
     resources development projects in the Lower Missouri River 
     Basin undertaken by the Secretary during the study period.
       (10) Definitions.--In this subsection:
       (A) Lower missouri basin study.--The term ``Lower Missouri 
     Basin study'' means the Lower

[[Page H7719]]

     Missouri Basin Flood Risk and Resiliency Study, Iowa, Kansas, 
     Nebraska, and Missouri, authorized pursuant to section 216 of 
     the Flood Control Act of 1970 (33 U.S.C. 549a).
       (B) Small community.--The term ``small community'' means a 
     local government that serves a population of less than 
     15,000.
       (b) Upper Missouri River Basin Comprehensive Study.--
       (1) In general.--The Secretary, in collaboration with the 
     heads of other relevant Federal agencies, shall conduct a 
     comprehensive study to address flood risk in areas affected 
     by severe flooding in 2019 along the Upper Missouri River, 
     including an examination of--
       (A) the use of structural and nonstructural flood control 
     and floodplain management strategies, including the 
     consideration of natural features or nature-based features 
     (as such terms are defined in section 1184 of the Water 
     Resources Development Act of 2016 (33 U.S.C. 2289a);
       (B) continued operation and maintenance of the navigation 
     project;
       (C) management of bank caving and erosion;
       (D) maintenance of water supply;
       (E) fish and wildlife habitat management;
       (F) recreation needs;
       (G) environmental restoration needs;
       (H) the division of responsibilities of the Federal 
     Government and non-Federal interests with respect to Missouri 
     River flooding;
       (I) the roles and responsibilities of Federal agencies with 
     respect to Missouri River flooding; and
       (J) any other related matters, as determined by the 
     Secretary.
       (2) Recommendations.--In conducting the study under this 
     subsection, the Secretary may develop recommendations to 
     Congress for--
       (A) the construction of a water resources development 
     project;
       (B) the structural or operational modification of an 
     existing water resources development project;
       (C) such additional monitoring of, or adaptive management 
     measures to carry out with respect to, existing water 
     resources development projects, to respond to changing 
     conditions;
       (D) geographic areas within the Upper Missouri River basin 
     for additional study by the Secretary;
       (E) management plans and actions to be carried out by the 
     responsible Federal agencies to reduce flood risk and improve 
     resiliency;
       (F) any necessary changes to the general comprehensive plan 
     for flood control and other purposes in the Missouri River 
     Basin under section 4 of the Act of June 28, 1938 (chapter 
     795, 52 Stat. 1218; 58 Stat. 891); and
       (G) follow-up studies for problem areas for which data or 
     current technology does not allow immediate solutions.
       (3) Completion of study; report to congress.--Not later 
     than 3 years after the date of enactment of this subsection, 
     the Secretary shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that--
       (A) contains the results of the comprehensive study 
     required by this subsection, including any recommendations 
     developed under paragraph (2);
       (B) addresses--
       (i) the potential for the transfer of flood risk between 
     and within the Upper and Lower Missouri River basins with 
     respect to any changes recommended pursuant to paragraph 
     (2)(F);
       (ii) adverse impacts to navigation and other authorized 
     purposes of the applicable Missouri River project with 
     respect to any changes recommended under paragraph (2)(F); 
     and
       (iii) whether there are opportunities for increased non-
     Federal management in the Upper Missouri River Basin;
       (C) recognizes--
       (i) the interest and rights of States in--

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

       (ii) the primary responsibilities of States and local 
     interests in developing water supplies for domestic, 
     municipal, industrial, and other purposes; and
       (D) describes any interim actions relating to existing 
     water resources development projects in the Upper Missouri 
     River Basin undertaken by the Secretary during the study 
     period.
       (4) Consultation.--In carrying out this subsection, the 
     Secretary shall consult with applicable Federal and State 
     agencies, Indian Tribes, and other stakeholders within the 
     Upper Missouri River Basin and solicit public comment.
       (5) Reliance on existing information.--In carrying out any 
     study described in or authorized by this subsection, the 
     Secretary, to the extent practicable, shall rely on existing 
     data and analysis, including data and analysis prepared under 
     section 22 of the Water Resources Development Act of 1974 (42 
     U.S.C. 1962d-16).
       (6) Exemption from maximum study cost and duration 
     limitations.--Section 1001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282c) shall not apply to 
     the comprehensive study carried out under this section or any 
     feasibility study described in paragraph (7).
       (7) Additional considerations.--Any feasibility study 
     carried out pursuant to a recommendation included in the 
     report submitted under this subsection shall be considered to 
     be a continuation of the comprehensive study required under 
     paragraph (1).
       (8) Definition.--In this subsection, the term ``Missouri 
     River project'' means a project constructed as part of--
       (A) the Pick-Sloan Missouri River Basin Program (authorized 
     by section 9(b) of the Act of December 22, 1944 (chapter 665, 
     58 Stat. 891)), located in the States of Wyoming, Montana, 
     North Dakota, or South Dakota;
       (B) the Missouri River Bank Stabilization and Navigation 
     project (authorized by section 2 of the Act of March 2, 1945 
     (chapter 19, 59 Stat. 19)); or
       (C) a non-Federal, publicly owned levee system located 
     within the Upper Missouri River Basin.
       (c) Coordination.--Upon completion of the studies under 
     subsections (a) and (b), the Secretary shall develop a 
     strategy that, to the maximum extent practicable, coordinates 
     and aligns the results of such studies.

     SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE 
                   HARBOR, NEW HAMPSHIRE.

       (a) Requirement to Expedite.--The Secretary shall expedite 
     authorized activities to address the impacts of shoaling 
     affecting the project for navigation, Rye Harbor, New 
     Hampshire, authorized by section 101 of the River and Harbor 
     Act of 1960 (74 Stat. 480).
       (b) Status Update.--Not later than 180 days after the date 
     of enactment of this Act, the Secretary shall submit to 
     Congress a written status update regarding--
       (1) the activities required to be expedited under 
     subsection (a); and
       (2) the project for navigation, Portsmouth Harbor and 
     Piscataqua River, authorized by section 101 of the River and 
     Harbor Act of 1962 (76 Stat. 1173), as required to be 
     expedited under section 1317 of the Water Resources 
     Development Act of 2018 (132 Stat. 3823).

     SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN, 
                   OREGON.

       (a) Report.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate, and make publicly available, a 
     report providing an initial analysis of deauthorizing 
     hydropower as a project purpose at the Cougar and Detroit 
     Dams project.
       (b) Contents.--The Secretary shall include in the report 
     submitted under subsection (a)--
       (1) a description of the potential effects of deauthorizing 
     hydropower as a project purpose at the Cougar and Detroit 
     Dams project on--
       (A) the operation of the project, including with respect to 
     the other authorized purposes of the project;
       (B) compliance of the project with the Endangered Species 
     Act;
       (C) costs that would be attributed to other authorized 
     purposes of the project, including costs relating to 
     compliance with such Act; and
       (D) other ongoing studies in the Willamette River Basin; 
     and
       (2) identification of any further research needed.
       (c) Project Defined.--In this section, the terms ``Cougar 
     and Detroit Dams project'' and ``project'' mean the Cougar 
     Dam and Reservoir project and Detroit Dam and Reservoir 
     project, Willamette River Basin, Oregon, authorized by 
     section 204 of the Flood Control Act of 1950 (64 Stat. 179), 
     and facilities that operate in conjunction with the main 
     Detroit Dam facility, including the Big Cliff re-regulating 
     dam.

     SEC. 219. PORT ORFORD, OREGON.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall, at Federal expense, submit to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a summary report on the research 
     completed and data gathered by the date of enactment of this 
     Act with regards to the configuration of a breakwater for the 
     project for navigation, Port Orford, Oregon, authorized by 
     section 117 of the River and Harbor Act of 1970 (84 Stat. 
     1822; 106 Stat. 4809), for the purposes of addressing 
     shoaling issues to minimize long-term maintenance costs.

     SEC. 220. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, TEXAS.

       Not later than 180 days after the date of enactment of this 
     section, the Secretary shall submit to Congress a written 
     status update regarding efforts to address flooding along 
     Wilson Creek and Sloan Creek in the City of Fairview, Texas.

     SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT 
                   WATER RESOURCES DEVELOPMENT PROJECTS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Transportation and Infrastructure of the House 
     of the Representatives and the Committee on Environment and 
     Public Works of the Senate a report that analyzes the 
     benefits and consequences of including water supply and water 
     conservation as a primary mission of the Corps of Engineers 
     in carrying out water resources development projects.
       (b) Inclusion.--The Secretary shall include in the report 
     submitted under subsection (a)--
       (1) a description of existing water resources development 
     projects with water supply or water conservation as 
     authorized purposes, and the extent to which such projects 
     are utilized for such purposes;
       (2) a description of existing water resources development 
     projects with respect to which--
       (A) water supply or water conservation could be added as a 
     project purpose, including those with respect to which a non-
     Federal interest has expressed an interest in adding water 
     supply or water conservation as a project purpose; and
       (B) such a purpose could be accommodated while maintaining 
     existing authorized purposes;
       (3) a description of ongoing water resources development 
     project studies the authorizations for which include 
     authorization for the Secretary to study the feasibility of 
     carrying out the project with a purpose of water supply or 
     water conservation;
       (4) an analysis of how adding water supply and water 
     conservation as a primary mission of

[[Page H7720]]

     the Corps of Engineers would affect the ability of the 
     Secretary to carry out future water resources development 
     projects; and
       (5) any recommendations of the Secretary relating to 
     including water supply and water conservation as a primary 
     mission of the Corps of Engineers.

     SEC. 222. REPORT TO CONGRESS ON AUTHORIZED STUDIES AND 
                   PROJECTS.

       (a) In General.--Not later than February 1 of each year, 
     the Secretary shall develop and submit to Congress an annual 
     report, to be entitled ``Report to Congress on Authorized 
     Water Resources Development Projects and Studies'', that 
     identifies--
       (1) ongoing or new feasibility studies, authorized within 
     the previous 20 years, for which a Report of the Chief of 
     Engineers has not been issued;
       (2) authorized feasibility studies for projects in the 
     preconstruction, engineering and design phase;
       (3) ongoing or new water resources development projects 
     authorized for construction within the previous 20 years; and
       (4) authorized and constructed water resources development 
     projects the Secretary has the responsibility to operate or 
     maintain.
       (b) Contents.--
       (1) Inclusions.--
       (A) Criteria.--The Secretary shall include in each report 
     submitted under this section only a feasibility study or 
     water resources development project--
       (i) that has been authorized by Congress to be carried out 
     by the Secretary and does not require any additional 
     congressional authorization to be carried out;
       (ii) that the Secretary has the capability to carry out if 
     funds are appropriated for such study or project under any of 
     the ``Investigations'', ``Construction'', ``Operation and 
     Maintenance'', or ``Mississippi River and Tributaries'' 
     appropriations accounts for the Corps of Engineers; and
       (iii) for which a non-Federal interest--

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

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

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

       (2) Transparency.--The Secretary shall include in each 
     report submitted under this section, for each feasibility 
     study and water resources development project included in the 
     report--
       (A) the name of the associated non-Federal interest, 
     including the name of any non-Federal interest that has 
     contributed, or is expected to contribute, a non-Federal 
     share of the cost of the study or project;
       (B) the purpose of the study or project;
       (C) an estimate, to the extent practicable, of the Federal, 
     non-Federal, and total costs of the study or project, 
     including, to the extent practicable, the fully funded 
     capability of the Corps of Engineers for--
       (i) the 3 fiscal years following the fiscal year in which 
     the report is submitted, in the case of a feasibility study; 
     and
       (ii) the 5 fiscal years following the fiscal year in which 
     the report is submitted, in the case of a water resources 
     development project; and
       (D) an estimate, to the extent practicable, of the monetary 
     and nonmonetary benefits of the study or project.
       (3) Certification.--The Secretary shall include in each 
     report submitted under this section a certification stating 
     that each feasibility study or water resources development 
     project included in the report meets the criteria described 
     in paragraph (1)(A).
       (4) Omissions.--
       (A) Limitation.--The Secretary shall not omit from a report 
     submitted under this section a study or project that 
     otherwise meets the criteria for inclusion in the report 
     solely on the basis of a policy of the Secretary.
       (B) Appendix.--If the Secretary omits from a report 
     submitted under this section a study or project that 
     otherwise meets the criteria for inclusion in the report, the 
     Secretary shall include with the report an appendix that 
     lists the name of the study or project and reason for its 
     omission.
       (c) Submission to Congress; Publication.--
       (1) Submission to congress.--The Secretary may submit a 
     report under this section in conjunction with the submission 
     of the annual report under section 7001 of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d).
       (2) Publication.--On submission of each report under this 
     section, the Secretary shall make the report publicly 
     available, including through publication on the internet.
       (d) Definitions.--In this section:
       (1) Non-federal interest.--The term ``non-Federal 
     interest'' has the meaning given that term in section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
       (2) Water resources development project.--The term ``water 
     resources development project'' includes a separable element 
     of a project, a project under an environmental infrastructure 
     assistance program, and a project the authorized purposes of 
     which include water supply.

     SEC. 223. COMPLETION OF REPORTS AND MATERIALS.

       (a) In General.--Using available appropriations, not later 
     than 180 days after the date of enactment of this section, 
     the Secretary shall complete and submit to Congress the 
     following materials:
       (1) The report required by section 1211 of the Water 
     Resources Development Act of 2018 (132 Stat. 3808).
       (2) Implementation guidance for the amendments made by 
     section 1176 of the Water Resources Development Act of 2016 
     (130 Stat. 1673).
       (3) Implementation guidance for the amendments made by 
     section 3029(a) of the Water Resources Reform and Development 
     Act of 2014 (128 Stat. 1305).
       (4) Any other report or other material required to be 
     submitted to Congress by any of the following Acts (including 
     by amendments made by such Acts) that has not been so 
     submitted by the date of enactment of this section:
       (A) The Water Resources Reform and Development Act of 2014 
     (Public Law 113-121).
       (B) The Water Resources Development Act of 2016 (Public Law 
     114-322).
       (C) The Water Resources Development Act of 2018 (Public Law 
     115-270).
       (b) Use of Existing Data.--To the extent practicable and 
     appropriate, the Secretary shall use existing data in 
     completing any materials described in subsection (a).
       (c) Failure To Submit.--If the Secretary fails to submit 
     materials as required by this section, the Secretary shall 
     immediately inform the Committee on Environment and Public 
     Works of the Senate and the Committee on Transportation and 
     Infrastructure of the House of Representatives, in writing, 
     of the specific reasons for such failure and a timeline for 
     submission of the delinquent materials.
       (d) Implementation Guidance.--The Secretary shall 
     expeditiously issue any guidance necessary to implement any 
     provision of this Act, including any amendments made by this 
     Act, in accordance with section 1105 of the Water Resources 
     Development Act of 2018 (33 U.S.C. 2202).

     SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.

       The Secretary shall submit to Congress a report on the 
     extent to which section 5 of the Act of August 18, 1941 (33 
     U.S.C. 701n), applies to lakes, including lakes with the flow 
     of a slow-moving river, including, if applicable, 
     recommendations for legislative changes to ensure that such 
     lakes are eligible for the program carried out pursuant to 
     such section.

     SEC. 225. REPORT ON DEBRIS REMOVAL.

       Section 1210 of the Water Resources Development Act of 2018 
     (132 Stat. 3808) is amended to read as follows:

     ``SEC. 1210. REPORT ON DEBRIS REMOVAL.

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Water Resources Development Act of 2020, 
     the Secretary shall submit to Congress and make publicly 
     available a report that describes--
       ``(1) the extent to which, during the 10 fiscal years prior 
     to such date of enactment, the Secretary has carried out 
     section 3 of the Act of March 2, 1945 (33 U.S.C. 603a);
       ``(2) how the Secretary has evaluated potential work to be 
     carried out under that section; and
       ``(3) the extent to which the Secretary plans to start, 
     continue, or complete debris removal activities in the 3 
     years following submission of the report.
       ``(b) Focus Areas.--The Secretary shall include in the 
     report submitted under subsection (a)--
       ``(1) identification of the debris removal activities to be 
     started, continued, or completed during the first fiscal year 
     following the date of enactment of this subsection within the 
     boundaries of the North Atlantic Division of the Corps of 
     Engineers;
       ``(2) the estimated total costs and completion dates for 
     such activities; and
       ``(3) identification of the non-Federal interest associated 
     with such activities.''.

     SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.

       (a) Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report on the use by the Corps of 
     Engineers since 2010 of data relating to antecedent 
     hydrologic conditions in the Missouri River Basin (including 
     soil moisture conditions, frost depths, snowpack, and 
     streamflow conditions) in--
       (A) conducting Missouri River mainstem reservoir operations 
     under the Missouri River Master Manual;
       (B) developing related annual operating plans; and
       (C) performing seasonal, monthly, and daily operations.
       (2) Inclusions.--The report submitted under paragraph (1) 
     shall include--
       (A) a review of--
       (i) the approach of the Corps of Engineers to forecasting 
     basin runoff in developing annual operating plans of the 
     Corps of Engineers;
       (ii) the assessment of existing and alternative algorithms 
     that could improve basin runoff forecasting;
       (iii) the approach of the Corps of Engineers for reservoir 
     releases in the winter, spring, summer, and fall, based on 
     basin runoff forecasts;

[[Page H7721]]

       (iv) the technical report of the Corps of Engineers 
     entitled ``Long-Term Runoff Forecasting'', dated February, 
     2017;
       (v) the use by the Corps of Engineers of data from Federal 
     and State entities in basin runoff forecasts; and
       (vi) the use by the Corps of Engineers of advanced data 
     collection, including through the use of unmanned aerial 
     systems, forecasting, and modeling;
       (B) findings and recommendations on how to best incorporate 
     antecedent basin conditions in annual operating plans and 
     Missouri River mainstem reservoir operations; and
       (C) the results of the peer review conducted under 
     subsection (b).
       (b) Peer Review.--The Secretary shall seek to enter into an 
     agreement with the National Academy of Sciences or a similar 
     independent scientific and technical advisory organization to 
     establish a panel of experts to conduct a peer review of the 
     report to be submitted under subsection (a).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary--
       (1) $5,000,000 to carry out subsection (a); and
       (2) $5,000,000 to carry out subsection (b).

     SEC. 227. SUBSURFACE DRAIN SYSTEMS RESEARCH AND DEVELOPMENT.

       Subject to the availability of appropriations, the 
     Secretary, acting through the Director of the Engineer 
     Research and Development Center and, where appropriate, in 
     consultation with other Federal agencies, shall carry out 
     research and development activities relating to the use of 
     subsurface drain systems as--
       (1) a flood risk-reduction measure; or
       (2) a coastal storm risk-reduction measure.

     SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate, and make publicly available, a report 
     that describes--
       (1) the extent to which the Secretary has carried out 
     section 1033 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2350);
       (2) the extent to which the Secretary has incorporated 
     corrosion prevention activities (as defined in such section) 
     at water resources development projects constructed or 
     maintained by the Secretary since the date of enactment of 
     such section; and
       (3) in instances where the Secretary has not incorporated 
     corrosion prevention activities at such water resources 
     development projects since such date, an explanation as to 
     why such corrosion prevention activities have not been 
     incorporated.

     SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.

       Section 1104(b) of the Water Resources Development Act of 
     2018 (33 U.S.C. 2282d note) is amended--
       (1) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     appropriately;
       (2) in the matter preceding subparagraph (A) (as so 
     redesignated), by striking ``The Secretary'' and inserting 
     the following:
       ``(1) In general.--The Secretary''; and
       (3) by adding at the end the following:
       ``(2) Annual reporting.--Not less frequently than annually, 
     the Secretary shall provide to the Committee on Environment 
     and Public Works of the Senate and the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives a written update on the progress of the 
     implementation of paragraph (1), including a description of 
     each education and outreach action the Secretary is taking to 
     implement that paragraph.
       ``(3) Guidance; compliance.--The Secretary shall--
       ``(A) issue guidance on the uniform implementation by each 
     district of the Corps of Engineers of the process for 
     submitting proposals under section 7001 of the Water 
     Resources Reform and Development Act of 2014 (33 U.S.C. 
     2282d); and
       ``(B) each year, ensure compliance with the guidance issued 
     under subparagraph (A).''.

     SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL 
                   STRUCTURES.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary shall submit to the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report on the extent to which flood 
     insurance premium reductions that result from implementation 
     of a flood risk management project, including structural 
     elements, nonstructural elements, or natural features or 
     nature-based features, are included in the calculation of the 
     benefits of the project by the Corps of Engineers.

             TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

     SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.

       (a) Purposes.--The purposes of this section are--
       (1) to identify water resources development projects 
     authorized by Congress that are no longer viable for 
     construction due to--
       (A) a lack of local support;
       (B) a lack of available Federal or non-Federal resources; 
     or
       (C) an authorizing purpose that is no longer relevant or 
     feasible;
       (2) to create an expedited and definitive process for 
     Congress to deauthorize water resources development projects 
     that are no longer viable for construction; and
       (3) to allow the continued authorization of water resources 
     development projects that are viable for construction.
       (b) Proposed Deauthorization List.--
       (1) Preliminary list of projects.--
       (A) In general.--The Secretary shall develop a preliminary 
     list of each water resources development project, or 
     separable element of a project, authorized for construction 
     before November 8, 2007, for which--
       (i) planning, design, or construction was not initiated 
     before the date of enactment of this Act; or
       (ii) planning, design, or construction was initiated before 
     the date of enactment of this Act, but for which no funds, 
     Federal or non-Federal, were obligated for planning, design, 
     or construction of the project or separable element of the 
     project during the current fiscal year or any of the 10 
     preceding fiscal years.
       (B) Use of comprehensive construction backlog and operation 
     and maintenance report.--The Secretary may develop the 
     preliminary list from the comprehensive construction backlog 
     and operation and maintenance reports developed pursuant to 
     section 1001(b)(2) of the Water Resources Development Act of 
     1986 (33 U.S.C. 579a).
       (C) Exclusions.--The Secretary shall not include on the 
     preliminary list--
       (i) an environmental infrastructure assistance project 
     authorized to be carried out by the Secretary (including a 
     project authorized pursuant to an environmental assistance 
     program); or
       (ii) a project or separable element of a project authorized 
     as part of the Comprehensive Everglades Restoration Plan 
     described in section 601 of the Water Resources Development 
     Act of 2000 (114 Stat. 2680).
       (2) Preparation of proposed deauthorization list.--
       (A) Deauthorization amount.--The Secretary shall prepare a 
     proposed list of projects for deauthorization comprised of a 
     subset of projects and separable elements identified on the 
     preliminary list developed under paragraph (1) that have, in 
     the aggregate, an estimated Federal cost to complete that is 
     at least $10,000,000,000.
       (B) Determination of federal cost to complete.--For 
     purposes of subparagraph (A), the Federal cost to complete 
     shall take into account any allowances authorized by section 
     902 of the Water Resources Development Act of 1986 (33 U.S.C. 
     2280), as applied to the most recent project schedule and 
     cost estimate.
       (C) Inclusion of deauthorization of antiquated projects.--
     The Secretary shall reduce the amount identified for 
     deauthorization under paragraph (2)(A) by an amount 
     equivalent to the estimated current value of each project, or 
     separable element of a project, that is deauthorized by 
     subsection (f).
       (3) Sequencing of projects.--
       (A) In general.--The Secretary shall identify projects and 
     separable elements for inclusion on the proposed list of 
     projects for deauthorization under paragraph (2) according to 
     the order in which the projects and separable elements were 
     authorized, beginning with the earliest authorized projects 
     and separable elements and ending with the latest project or 
     separable element necessary to meet the aggregate amount 
     under paragraph (2)(A).
       (B) Factors to consider.--The Secretary may identify 
     projects and separable elements in an order other than that 
     established by subparagraph (A) if the Secretary determines, 
     on a case-by-case basis, that a project or separable element 
     is critical for interests of the United States, based on the 
     possible impact of the project or separable element on public 
     health and safety, the national economy, or the environment.
       (4) Public comment and consultation.--
       (A) In general.--The Secretary shall solicit comments from 
     the public and the Governors of each applicable State on the 
     proposed deauthorization list prepared under paragraph 
     (2)(A).
       (B) Comment period.--The public comment period shall be 90 
     days.
       (5) Preparation of final deauthorization list.--
       (A) In general.--The Secretary shall prepare a final 
     deauthorization list by--
       (i) considering any comments received under paragraph (4); 
     and
       (ii) revising the proposed deauthorization list prepared 
     under paragraph (2)(A) as the Secretary determines necessary 
     to respond to such comments.
       (B) Appendix.--The Secretary shall include as part of the 
     final deauthorization list an appendix that--
       (i) identifies each project or separable element on the 
     proposed deauthorization list that is not included on the 
     final deauthorization list; and
       (ii) describes the reasons why the project or separable 
     element is not included on the final deauthorization list.
       (c) Submission of Final Deauthorization List to Congress 
     for Congressional Review; Publication.--
       (1) In general.--Not later than 90 days after the date of 
     the close of the comment period under subsection (b)(4), the 
     Secretary shall--
       (A) submit the final deauthorization list and appendix 
     prepared under subsection (b)(5) to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate; and
       (B) publish the final deauthorization list and appendix in 
     the Federal Register.
       (2) Exclusions.--The Secretary shall not include in the 
     final deauthorization list submitted under paragraph (1) any 
     project or separable element with respect to which Federal 
     funds for planning, design, or construction are obligated 
     after the development of the preliminary list under 
     subsection (b)(1)(A) but prior to the submission of the final 
     deauthorization list under paragraph (1)(A) of this 
     subsection.

[[Page H7722]]

       (d) Deauthorization; Congressional Review.--
       (1) In general.--After the expiration of the 2-year period 
     beginning on the date of publication of the final 
     deauthorization list and appendix under subsection (c)(1)(B), 
     a project or separable element of a project identified in the 
     final deauthorization list is hereby deauthorized, unless 
     Congress passes a joint resolution disapproving the final 
     deauthorization list prior to the end of such period.
       (2) Non-federal contributions.--
       (A) In general.--A project or separable element of a 
     project identified in the final deauthorization list under 
     subsection (c) shall not be deauthorized under this 
     subsection if, before the expiration of the 2-year period 
     referred to in paragraph (1), the non-Federal interest for 
     the project or separable element of the project provides 
     sufficient funds to complete the project or separable element 
     of the project.
       (B) Treatment of projects.--Notwithstanding subparagraph 
     (A), each project and separable element of a project 
     identified in the final deauthorization list shall be treated 
     as deauthorized for purposes of the aggregate deauthorization 
     amount specified in subsection (b)(2)(A).
       (3) Projects identified in appendix.--A project or 
     separable element of a project identified in the appendix to 
     the final deauthorization list shall remain subject to future 
     deauthorization by Congress.
       (e) Special Rules.--
       (1) Post-authorization studies.--A project or separable 
     element of a project may not be identified on the proposed 
     deauthorization list developed under subsection (b), or the 
     final deauthorization list developed under subsection (c), if 
     the project or separable element received funding for a post-
     authorization study during the current fiscal year or any of 
     the 10 preceding fiscal years.
       (2) Treatment of project modifications.--For purposes of 
     this section, if an authorized water resources development 
     project or separable element of the project has been modified 
     by an Act of Congress, the date of the authorization of the 
     project or separable element shall be deemed to be the date 
     of the most recent such modification.
       (f) Deauthorization of Antiquated Projects.--
       (1) In general.--Any water resources development project, 
     or separable element of a project, authorized for 
     construction prior to November 17, 1986, for which 
     construction has not been initiated prior to the date of 
     enactment of this Act, or for which funds have not been 
     obligated for construction in the 10-year period prior to the 
     date of enactment of this Act, is hereby deauthorized.
       (2) Identification.--Not later than 60 days after the date 
     of enactment of this Act, the Secretary shall issue to the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives and the Committee on Environment and 
     Public Works of the Senate a report that identifies--
       (A) the name of each project, or separable element of a 
     project, deauthorized by paragraph (1); and
       (B) the estimated current value of each such project or 
     separable element of a project.
       (g) Economic and Environmental Review of Inactive Water 
     Resources Development Projects.--The Secretary or the non-
     Federal interest may not carry out any authorized water 
     resources development project, or separable element of such 
     project, for which construction has not been initiated in the 
     20-year period following the date of the authorization of 
     such project or separable element, until--
       (1) the Secretary provides to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a post-authorization change report that 
     updates the economic and environmental analysis of the 
     project or separable element; and
       (2) the Committee on Transportation and Infrastructure of 
     the House of Representatives and the Committee on Environment 
     and Public Works of the Senate take appropriate action to 
     address any modifications to the economic and environmental 
     analysis for the project or separable element of the project 
     contained in the post-authorization change report.
       (h) Definitions.--In this section:
       (1) Post-authorization change report.--The term ``post-
     authorization change report'' has the meaning given such term 
     in section 1132(d) of the Water Resources Development Act of 
     2016 (33 U.S.C. 2282e).
       (2) Post-authorization study.--The term ``post-
     authorization study'' means--
       (A) a feasibility report developed under section 905 of the 
     Water Resources Development Act of 1986 (33 U.S.C. 2282);
       (B) a feasibility study, as defined in section 105(d) of 
     the Water Resources Development Act of 1986 (33 U.S.C. 
     2215(d)); or
       (C) a review conducted under section 216 of the Flood 
     Control Act of 1970 (33 U.S.C. 549a), including an initial 
     appraisal that--
       (i) demonstrates a Federal interest; and
       (ii) requires additional analysis for the project or 
     separable element.

     SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.

       Section 560(f) of the Water Resources Development Act of 
     1999 (33 U.S.C. 2336(f)) is amended by striking `` 
     $20,000,000'' and inserting `` $30,000,000''.

     SEC. 303. TRIBAL PARTNERSHIP PROGRAM.

       Section 203(b)(4) of the Water Resources Development Act of 
     2000 (33 U.S.C. 2269) is amended by striking `` $12,500,000'' 
     each place it appears and inserting `` $18,500,000''.

     SEC. 304. LAKES PROGRAM.

       Section 602(a) of the Water Resources Development Act of 
     1986 (Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113 
     Stat. 295; 121 Stat. 1076) is amended--
       (1) in paragraph (27), by striking ``and'' at the end;
       (2) in paragraph (28), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following:
       ``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts; 
     and
       ``(30) Memorial Pond, Walpole, Massachusetts.''.

     SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED 
                   DAMS.

       Section 1177 of the Water Resources Development Act of 2016 
     (33 U.S.C. 467f-2 note) is amended--
       (1) in subsection (e), by striking `` $40,000,000'' and 
     inserting `` $60,000,000''; and
       (2) in subsection (f), by striking `` $40,000,000'' and 
     inserting `` $60,000,000''.

     SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND 
                   PROTECTION PROGRAM.

       (a) In General.--Section 510 of the Water Resources 
     Development Act of 1996 (Public Law 104-303, 110 Stat. 3759; 
     121 Stat. 1202; 128 Stat. 1317) is amended--
       (1) by redesignating subsection (h) as subsection (i) and 
     inserting after subsection (g) the following:
       ``(h) Project Cap.--The total cost of a project carried out 
     under this section may not exceed $15,000,000.''; and
       (2) in subsection (i) (as so redesignated), by striking `` 
     $40,000,000'' and inserting `` $90,000,000''.
       (b) Outreach and Training.--The Secretary shall conduct 
     public outreach and workshops for non-Federal interests to 
     provide information on the Chesapeake Bay environmental 
     restoration and protection program established under section 
     510 of the Water Resources Development Act of 1996, including 
     how to participate in the program.

     SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL 
                   MANAGEMENT PROGRAM.

       Section 1103(e) of the Water Resources Development Act of 
     1986 (33 U.S.C. 652(e)) is amended--
       (1) in paragraph (3), by striking `` $22,750,000'' and 
     inserting `` $40,000,000''; and
       (2) in paragraph (4), by striking `` $10,420,000'' and 
     inserting `` $15,000,000''.

     SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.

       Section 2010(e) of the Water Resources Reform and 
     Development Act of 2014 (128 Stat. 1270; 132 Stat. 3812) is 
     amended by striking ``the Act of October 15, 1940 (33 U.S.C. 
     701h-1)'' and inserting ``section 5 of the Act of June 22, 
     1936 (33 U.S.C. 701h)''.

     SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.

       (a) In General.--The project for navigation, Theodore Ship 
     Channel, Mobile Harbor, Alabama, authorized by section 201 of 
     the Flood Control Act of 1965 (42 U.S.C. 1962d-5), is revised 
     to incorporate into the project the 40-foot-deep, 1,320-foot-
     wide, and approximately 1,468.5-foot-long access channel, 
     extending north from stations 257+25 and 273+25 from the 
     Theodore Channel, that was constructed for the former Naval 
     Station Mobile, as a substitute for the authorized but 
     unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-
     long anchorage basin in the same location, to serve the 
     public terminal that replaced the former Naval Station Mobile 
     as obligated under the authorizations for the project.
       (b) Treatment.--The Secretary shall--
       (1) consider construction of the access channel described 
     in subsection (a) to be complete; and
       (2) assume maintenance of the access channel described in 
     subsection (a) for so long as the terminal described in 
     subsection (a) remains publicly owned.

     SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.

       Any Federal funds, regardless of the account from which the 
     funds were provided, used to carry out construction of the 
     modification to the McClellan-Kerr Arkansas River Navigation 
     System, authorized in section 136 of the Energy and Water 
     Development Appropriations Act, 2004 (117 Stat. 1842), shall 
     be considered by the Secretary as initiating construction of 
     the project such that future funds will not require a new 
     investment decision.

     SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.

       The project for navigation, Ouachita and Black Rivers, 
     Arkansas and Louisiana, authorized by section 101 of the 
     River and Harbor Act of 1960 (74 Stat. 481), is modified to 
     include water supply as an authorized purpose.

     SEC. 312. LAKE ISABELLA, CALIFORNIA.

       (a) Sense of Congress.--It is the sense of Congress that 
     the Secretary, when evaluating alternative locations for 
     construction of a permanent Isabella Lake Visitor Center by 
     the Corps of Engineers to replace the facility impacted by 
     the Isabella Dam safety modification project, should afford 
     substantial weight to the site preference of the local 
     community.
       (b) Authority.--The Secretary may acquire such interests in 
     real property as the Secretary determines necessary or 
     advisable to support construction of the Isabella Dam safety 
     modification project.
       (c) Transfer.--The Secretary may transfer any real property 
     interests acquired under subsection (b) to any other Federal 
     agency or department without reimbursement.
       (d) Isabella Dam Safety Modification Project Defined.--In 
     this section, the term ``Isabella Dam safety modification 
     project'' means the dam safety modification project at the 
     Isabella Reservoir in the San Joaquin Valley, California 
     (authorized by Act of December 22, 1944 (chapter 665, 58 
     Stat. 901)), including

[[Page H7723]]

     the component of the project relating to construction a 
     visitor center facility.

     SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.

       The Secretary shall align the schedules of, and maximize 
     complimentary efforts, minimize duplicative practices, and 
     ensure coordination and information sharing with respect to--
       (1) the project for flood risk management, Lower San 
     Joaquin River, authorized by section 1401(2) of the Water 
     Resources Development Act of 2018 (132 Stat. 3836); and
       (2) the second phase of the feasibility study for the Lower 
     San Joaquin River project for flood risk management, 
     authorized for expedited completion by section 1203(a)(7) of 
     the Water Resources Development Act 2018 (132 Stat. 3803).

     SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.

        The portion of project for flood control, Sacramento 
     River, California, authorized by section 2 of the Act of 
     March 1, 1917 (chapter 144, 39 Stat. 949; 103 Stat. 649; 110 
     Stat. 3709; 112 Stat. 1841; 113 Stat. 299), consisting of a 
     riverbed gradient restoration facility at the Glenn-Colusa 
     Irrigation District Intake, is no longer authorized beginning 
     on the date of enactment of this Act.

     SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY, 
                   CALIFORNIA.

       The portion of the project for flood control and 
     navigation, San Diego River and Mission Bay, San Diego 
     County, California, authorized by the Act of July 24, 1946 
     (chapter 595, 60 Stat. 636), identified in the National Levee 
     Database established under section 9004 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 3303) as the San 
     Diego River 3 segment and consisting of a 785-foot-long 
     segment of the right bank levee from Station 209+41.75 to its 
     end at Station 217+26.75, as described in construction plans 
     dated August 30, 1951, is no longer authorized beginning on 
     the date of enactment of this Act.

     SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

       (a) In General.--Section 114 of the River and Harbor Act of 
     1968 (33 U.S.C. 59h) is amended to read as follows:

     ``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.

       ``(a) Area To Be Declared Nonnavigable.--The following area 
     is declared to be nonnavigable waters of the United States: 
     All of that portion of the City and County of San Francisco, 
     California, lying shoreward of a line beginning at the 
     intersection of the southerly right of way line of Earl 
     Street prolongation with the Pierhead United States 
     Government Pierhead line, the Pierhead line as defined in the 
     State of California Harbor and Navigation Code Section 1770, 
     as amended in 1961; thence northerly along said Pierhead line 
     to its intersection with a line parallel with and distant 10 
     feet easterly from, the existing easterly boundary line of 
     Pier 30-32; thence northerly along said parallel line and its 
     northerly prolongation, to a point of intersection with a 
     line parallel with, and distant 10 feet northerly from, the 
     existing northerly boundary of Pier 30-32; thence westerly 
     along last said parallel line to its intersection with said 
     Pierhead line; thence northerly along said Pierhead line, to 
     the intersection of the easterly right of way line of Van 
     Ness Avenue, formerly Marlette Street, prolongation to the 
     Pierhead line.
       ``(b) Requirement That Area Be Improved.--The declaration 
     of nonnavigability under subsection (a) applies only to those 
     parts of the area described in subsection (a) that are or 
     will be bulkheaded, filled, or otherwise occupied or covered 
     by permanent structures and does not affect the applicability 
     of any Federal statute or regulation that relates to filling 
     of navigable waters or to other regulated activities within 
     the area described in subsection (a), including sections 9 
     and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403), 
     section 404 of the Federal Water Pollution Control Act, and 
     the National Environmental Policy Act of 1969.
       ``(c) Inclusion of Embarcadero Historic District.--Congress 
     finds and declares that the area described in subsection (a) 
     contains the seawall, piers, and wharves that comprise the 
     Embarcadero Historic District listed on the National Register 
     of Historic Places on May 12, 2006.''.
       (b) Conforming Amendment.--Section 5052 of the Water 
     Resources Development Act of 2007 (33 U.S.C. 59h-1) is 
     repealed.

     SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO 
                   RIVER, CALIFORNIA.

       The portion of the project for flood protection on the 
     Sacramento River, authorized by section 2 of the of March 1, 
     1917 (chapter 144, 39 Stat. 949; 45 Stat. 539; 50 Stat. 877; 
     55 Stat. 647; 80 Stat. 1422), consisting of the portion of 
     the levee from G.P.S. coordinate N2147673.584 E6690904.187 to 
     N2147908.413 E6689057.060 associated with the Western Pacific 
     Interceptor Canal, is no longer authorized beginning on the 
     date of the enactment of this Act.

     SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, 
                   COLORADO, NEW MEXICO, AND TEXAS.

       Section 5056(f) of the Water Resources Development Act of 
     2007 (Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is 
     amended by striking ``2019'' and inserting ``2029''.

     SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.

       (a) In General.--The portion of the project for navigation, 
     New London Harbor, Connecticut, authorized by the first 
     section of the Act of June 13, 1902 (chapter 1079, 32 Stat. 
     333), described in subsection (b) is no longer authorized 
     beginning on the date of enactment of this Act.
       (b) Area Described.--The area referred to in subsection (a) 
     is generally the portion between and around the 2 piers at 
     the State Pier in New London, specifically the area--
       (1) beginning at a point N691263.78, E1181259.26;
       (2) running N 3501'50.75'' W about 955.59 feet to a point 
     N692046.26, E1180710.74;
       (3) running N 5458'06.78'' E about 100.00 feet to a point 
     N692103.66, E1180792.62;
       (4) running S 3501'50.75'' E about 989.8 feet to a point 
     N691293.17, E1181360.78; and
       (5) running S 7351'15.45'' W about 105.69 feet to the 
     point described in paragraph (1).

     SEC. 320. WILMINGTON HARBOR, DELAWARE.

       It is the sense of Congress that the Corps of Engineers 
     should maintain the annual maintenance dredging for 
     Wilmington Harbor, Delaware, authorized by the Act of June 3, 
     1896 (chapter 314, 29 Stat. 207).

     SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.

       (a) Finding.--For the purposes of applying section 217(b) 
     of the Water Resources Development Act of 1996 (33 U.S.C. 
     2326a(b)) to the Wilmington Harbor South Disposal Area, 
     Delaware, the Secretary shall find that the standard has been 
     met for the Edgemoor expansion of the Port of Wilmington, 
     Delaware.
       (b) Use.--Any use of the Wilmington Harbor South Disposal 
     Area permitted by the Secretary under section 217(b) for the 
     Edgemoor Expansion of the Port of Wilmington shall not 
     otherwise reduce the availability of capacity, in dredged 
     material disposal facilities under the jurisdiction of the 
     Secretary that were constructed before the date of enactment 
     of this Act, for operation and maintenance of--
       (1) the Delaware River Mainstem and Channel Deepening 
     project, Delaware, New Jersey, and Pennsylvania, authorized 
     by section 101(6) of the Water Resources Development Act of 
     1992 (106 Stat. 4802); or
       (2) the Delaware River, Philadelphia to the Sea, project, 
     Delaware, New Jersey, Pennsylvania, authorized by the Act of 
     June 25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 
     Stat. 803; 59 Stat. 14; 68 Stat. 1249; 72 Stat. 297).
       (c) Fee.--The Secretary shall impose on the non-Federal 
     interest for the Edgemoor Expansion of the Port of Wilmington 
     a fee, under section 217(b)(1)(B) of the Water Resources 
     Development Act of 1996 (33 U.S.C. 2326a(b)(1)(B)), to 
     recover capital, operation, and maintenance costs associated 
     with any use by the non-Federal interest of capacity in the 
     Wilmington Harbor South Disposal Area permitted by the 
     Secretary under section 217(b) of the Water Resources 
     Development Act of 1996 pursuant to subsection (a) of this 
     section.
       (d) Agreement to Pay.--In accordance with section 217(a) of 
     the Water Resources Development Act of 1996 (33 U.S.C. 
     2326a(a)), if, to accommodate the dredged materials from 
     operation and maintenance of the Edgemoor Expansion of the 
     Port of Wilmington, the Secretary provides additional 
     capacity at the Wilmington Harbor South Disposal Area, the 
     non-Federal interest for the Edgemoor Expansion of the Port 
     of Wilmington shall agree to pay, during the period of 
     construction, all costs associated with the construction of 
     the additional capacity.

     SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.

       Beginning on the date of enactment of this Act, the project 
     for navigation, Washington Harbor, District of Columbia, 
     authorized by the Act of August 30, 1935 (chapter 831, 49 
     Stat. 1031), is modified to reduce, in part, the authorized 
     dimensions of the project, such that the remaining authorized 
     dimensions are as follows:
       (1) A 200-foot-wide, 12-foot-deep channel with a center 
     line beginning at a point East 1,317,064.30 and North 
     440,373.32, thence to a point East 1,316,474.30 and North 
     440,028.31, thence to a point East 1,315,584.30 and North 
     439,388.30, thence to a point East 1,315,259.31 and North 
     438,908.30.
       (2) A 200- to 300-foot-wide, 12-foot-deep transition area, 
     with a center line beginning at a point East 1,315,259.31 and 
     North 438,908.30 to a point East 1,315,044.31 and North 
     438,748.30.
       (3) A 300-foot-wide, 15-foot-deep channel with a centerline 
     beginning a point East 1,315,044.31 and North 438,748.30, 
     thence to a point East 1,314,105.31 and North 438,124.79, 
     thence to a point East 1,311,973.30 and North 438,807.78, 
     thence to a point East 1,311,369.73 and North 438,577.42, 
     thence to a point East 1,311,015.73 and North 438,197.57, 
     thence to a point East 1,309,713.47 and North 435,678.91.
       (4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition 
     area, with a center line beginning at a point East 
     1,309,713.47 and North 435,678.91 to a point East 
     1,307,709.33 and North 434,488.25.
       (5) A 400-foot-wide, 24-foot-deep channel with a centerline 
     beginning at a point East 1,307,709.33 and North 434,488.25, 
     thence to a point East 1,307,459.33 and North 434,173.25, 
     thence to a point East 1,306,476.82 and North 432,351.28, 
     thence to a point East 1,306,209.79 and North 431,460.21, 
     thence to a point at the end of the channel near Hains Point 
     East 1,305,997.63 and North 429,978.31.

     SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER 
                   CONSERVATION PLAN, FLORIDA.

       (a) In General.--The project for ecosystem restoration, Big 
     Cypress Seminole Indian Reservation Water Conservation Plan, 
     Florida, authorized pursuant to section 528 of the Water 
     Resources Development Act of 1996 (110 Stat. 3767), is no 
     longer authorized beginning on the date of enactment of this 
     Act.
       (b) Savings Provision.--Nothing in this section affects the 
     responsibility of the Secretary to pay any damages awarded by 
     the Armed Services Board of Contract Appeals, or by a court 
     of competent jurisdiction, to a contractor relating to the 
     adjudication of claims arising from construction of the 
     project described in subsection (a).

     SEC. 324. CENTRAL EVERGLADES, FLORIDA.

       The project for ecosystem restoration, Central Everglades, 
     authorized by section 1401(4) of the

[[Page H7724]]

     Water Resources Development Act of 2016 (130 Stat. 1713), is 
     modified to include the project for ecosystem restoration, 
     Central and Southern Florida, Everglades Agricultural Area, 
     authorized by section 1308 of the Water Resources Development 
     Act of 2018 (132 Stat. 3819), and to authorize the Secretary 
     to carry out the project, as so combined, at a total combined 
     cost of $4,362,091,000.

     SEC. 325. MIAMI RIVER, FLORIDA.

        The portion of the project for navigation, Miami River, 
     Florida, authorized by the Act of July 3, 1930 (46 Stat. 925; 
     59 Stat. 16; 74 Stat. 481; 100 Stat. 4257), beginning at the 
     existing railroad bascule bridge and extending approximately 
     1,000 linear feet upstream to an existing salinity barrier 
     and flood control structure, is no longer authorized 
     beginning on the date of enactment of this Act.

     SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, 
                   FLORIDA.

       (a) Designation.--The Moore Haven Lock and Dam, Moore 
     Haven, Florida, authorized pursuant to the Act of July 3, 
     1930 (chapter 847, 46 Stat. 925; 49 Stat. 1032), shall be 
     known and designated as the ``Julian Keen, Jr. Lock and 
     Dam''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Lock and Dam referred to in subsection (a) shall be deemed to 
     be a reference to the ``Julian Keen, Jr. Lock and Dam''.

     SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), 
                   UPPER ST. JOHNS RIVER BASIN, FLORIDA.

       The portions of the project for flood control and other 
     purposes, Central and Southern Florida, authorized by section 
     203 of the Flood Control Act of 1948 (62 Stat. 1176), 
     consisting of the Taylor Creek Reservoir and Levee L-73, 
     Section 1, within the Upper St. Johns River Basin, Florida, 
     are no longer authorized beginning on the date of enactment 
     of this Act.

     SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER 
                   LAKE, KENTUCKY.

       (a) In General.--Subject to the availability of 
     appropriations and on request of the landowner, the Secretary 
     shall extinguish any flowage easement or portion of a flowage 
     easement held by the United States on developed land of the 
     landowner at Rough River Lake, Kentucky--
       (1) that is above 534 feet mean sea level; and
       (2) for which the Secretary determines the flowage easement 
     or portion of the flowage easement is not required to address 
     backwater effects.
       (b) No Liability.--The United States shall not be liable 
     for any damages to property or injuries to persons from 
     flooding that may be attributable to the operation and 
     maintenance of Rough River Dam, Kentucky, on land that was 
     encumbered by a flowage easement extinguished under 
     subsection (a).
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $10,000,000, to 
     remain available until expended.

     SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary shall provide to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate a report on plans to modify the Calcasieu 
     River and Pass Dredged Material Management Plan and 
     Supplemental Environmental Impact Statement (November 22, 
     2010 DMMP/SEIS) to allow for the expansion of Dredged 
     Material Placement Facilities (DMPFs) 17, 19, 22, D, and E to 
     the lakeside foreshore rock boundaries during planned 
     rehabilitation of these facilities.

     SEC. 330. CAMDEN HARBOR, MAINE.

       (a) In General.--The portions of the project for 
     navigation, Camden Harbor, Maine, described in subsection (b) 
     are no longer authorized beginning on the date of enactment 
     of this Act.
       (b) Portions Described.--The portions referred to in 
     subsection (a) are the following:
       (1) The portion of the 10-foot-deep inner harbor area, 
     authorized by the first section of the Act of March 3, 1873 
     (chapter 233, 17 Stat. 565; 25 Stat. 400), approximately 
     50,621.75 square feet in area--
       (A) starting at a point with coordinates N197,640.07, 
     E837,851.71;
       (B) thence running S8443' 23.94''W about 381.51 feet to a 
     point with coordinates N197,604.98, E837,471.82;
       (C) thence running N4347' 51.43''W about 270.26 feet to a 
     point with coordinates N197,800.05, E837,284.77;
       (D) thence running S5902' 26.62''E about 219.18 feet to a 
     point with coordinates N197,687.30, E837,472.72;
       (E) thence running S8150' 09.76''E about 144.70 feet to a 
     point with coordinates N197,666.75, E837,615.96;
       (F) thence running N5727' 07.42''E about 317.32 feet to a 
     point with coordinates N197,866.52, E837,928.96; and
       (G) thence running S1850' 04.48''W about 239.27 feet to 
     the point described in subparagraph (A).
       (2) The portion of the 14-foot-deep outer harbor area, 
     authorized by the first section of the Act of August 11, 1888 
     (25 Stat. 400; 32 Stat. 331), approximately 222,015.94 square 
     feet in area--
       (A) starting at a point with coordinates N197,640.07, 
     E837,851.71;
       (B) thence running N1850' 04.48''E about 239.27 feet to a 
     point with coordinates N197,866.53, E837,928.96;
       (C) thence running N5828' 51.05''E about 308.48 feet to a 
     point with coordinates N198,027.79, E838,191.93;
       (D) thence running N8420' 01.88''E about 370.06 feet to a 
     point with coordinates N198,064.33, E838,560.18;
       (E) thence running S0532' 03.42''E about 357.31 feet to a 
     point with coordinates N197,708.68, E838,594.64; and
       (F) thence running S8443' 23.94''W about 746.08 feet to 
     the point described in subparagraph (A).

     SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA 
                   DESIGNATION.

       (a) In General.--The project for navigation, Cape Porpoise 
     Harbor, Maine, authorized by section 101 of the River and 
     Harbor Act of 1948 (62 Stat. 1172), is modified to designate 
     the portion of the project described in subsection (b) as a 
     6-foot-deep anchorage.
       (b) Portion Described.--The portion of the project referred 
     to in subsection (a) is the approximately 192,235.63 square 
     foot area consisting of the 100-foot-wide and 6-foot-deep 
     channel located within the inner harbor--
       (1) starting at a point with coordinates N 194,175.13, E 
     2,882,011.74;
       (2) thence running N3346' 08.14''W about 914.57 feet to a 
     point with coordinates N 194,935.40, E 2,881,503.38;
       (3) thence running N1241' 09.78''W about 1,026.40 feet to 
     a point with coordinates N 195,936.74, E 2,881,277.97;
       (4) thence running N7718' 50.22''E about 100.00 feet to a 
     point with coordinates N 195,958.70, E 2,881,375.53;
       (5) thence running S1241' 09.78''E about 1,007.79 feet to 
     a point with coordinates N 194,975.52, E 2,881,596.85;
       (6) thence running S3346' 08.14''E about 895.96 feet to a 
     point with coordinates N 194,230.72, E 2,882,094.86; and
       (7) thence running S5613' 51.86''W about 100.00 feet to 
     the point described in paragraph (1).

     SEC. 332. BALTIMORE, MARYLAND.

       The Secretary is authorized, in accordance with section 5 
     of Act of June 22, 1936 (33 U.S.C. 701h), to accept funds 
     contributed by a non-Federal interest for dredging on 
     irregular cycles of the Baltimore Inner Harbor Approach 
     Channel, Baltimore Harbor and Channels Federal navigation 
     project, authorized by section 101 of the River and Harbor 
     Act of 1958 (72 Stat. 297).

     SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.

       (a) Sense of Congress.--It is the sense of Congress that 
     Thad Cochran, whose selfless determination and tireless work, 
     while serving as a congressman and United States Senator from 
     Mississippi for 45 years, contributed greatly to the 
     realization and success of the Tennessee-Tombigbee Waterway.
       (b) Designation.--The navigation lock known as the ``Amory 
     Lock'', located at mile 371 on the Tennessee-Tombigbee 
     Waterway, Mississippi, and the dam associated with such lock, 
     shall be known and designated as the ``Thad Cochran Lock and 
     Dam''.
       (c) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     lock and dam referred to in subsection (b) shall be deemed to 
     be a reference to the ``Thad Cochran Lock and Dam''.

     SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.

       Section 1179(a) of the Water Resources Development Act of 
     2016 (130 Stat. 1675; 132 Stat. 3782) is amended--
       (1) in paragraph (3)--
       (A) in subparagraph (B), by inserting ``project purposes, 
     including'' before ``storage capacity''; and
       (B) in subparagraph (C), by striking ``preliminary'';
       (2) by redesignating paragraphs (4) through (9) as 
     paragraphs (6) through (11), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) Justification.--In determining the economic 
     justification of a sediment management plan under paragraph 
     (2), the Secretary shall--
       ``(A) measure and include flooding, erosion, and accretion 
     damages both upstream and downstream of the reservoir that 
     are likely to occur as a result of sediment management within 
     the reservoir compared to the damages that are likely to 
     occur if the sediment management plan is not implemented; and
       ``(B) include lifecycle costs and a 100-year period of 
     analysis.
       ``(5) Implementation.--As part of a sediment management 
     plan under paragraph (2), and in accordance with paragraph 
     (10), the Secretary may carry out sediment removal activities 
     at reservoirs owned and operated by the Secretary in the 
     Upper Missouri River Basin, or at reservoirs for which the 
     Secretary has flood control responsibilities under section 7 
     of the Act of December 22, 1944 (33 U.S.C. 709), in the Upper 
     Missouri River Basin, in accordance with section 602 of the 
     Water Resources Development Act of 1986 (100 Stat. 4148; 110 
     Stat. 3758; 113 Stat. 295; 121 Stat. 1076) as if those 
     reservoirs were listed in subsection (a) of that section.''.

     SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.

       The Secretary shall expedite the activities required to be 
     carried out under section 204 of the Water Resources 
     Development Act of 1992 (33 U.S.C. 2326) regarding the use of 
     improvement dredging of the Portsmouth Federal navigation 
     project in Portsmouth, New Hampshire, carried out pursuant to 
     section 3 of the Act of August 13, 1946 (33 U.S.C. 426g), as 
     a source of clean beach fill material to reinforce the stone 
     revetment at Nantasket Beach, Hull, Massachusetts.

     SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW 
                   JERSEY.

       The Secretary shall--
       (1) nullify the determination of the North Atlantic 
     Division of the Corps of Engineers that further activities to 
     carry out the feasibility study for a project for flood risk 
     management,

[[Page H7725]]

     Rahway, New Jersey, authorized by the resolution of the 
     Committee on Transportation and Infrastructure of the House 
     of Representatives adopted on March 24, 1998 (docket number 
     2548), is not warranted;
       (2) identify an acceptable alternative to the project 
     described in paragraph (1) that could receive Federal 
     support; and
       (3) carry out, and expedite the completion of, a 
     feasibility study for the acceptable alternative identified 
     under paragraph (2).

     SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.

       (a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 
     (43 U.S.C. 620a note) is amended by striking ``a total of two 
     hundred thousand acre-feet of''.
       (b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of 
     Public Law 100-522 (43 U.S.C. 620a note) is amended--
       (1) by striking ``200,000 acre-feet of'';
       (2) by inserting ``and San Juan-Chama project'' after ``Rio 
     Grande system''; and
       (3) by striking ``, in lieu of the water storage authorized 
     by section 5 of Public Law 97-140, to the extent that 
     contracting entities under section 5 of Public Law 97-140 no 
     longer require such storage''.
       (c) Water Storage.--The Secretary shall--
       (1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam, 
     New Mexico, to the extent that the necessary real property 
     interests have been acquired by any entity requesting such 
     storage; and
       (2) amend the March 20, 1986, contract between the United 
     States of America and the Albuquerque Bernalillo County Water 
     Utility Authority (assigned by the City of Albuquerque, New 
     Mexico to the Albuquerque Bernalillo County Water Utility 
     Authority) for water storage space in Abiquiu Reservoir to 
     allow for storage by the Albuquerque Bernalillo County Water 
     Utility Authority of San Juan-Chama project water or native 
     Rio Grande system water up to elevation 6230.00 NGVD29.
       (d) Storage Agreements With Users Other Than the 
     Albuquerque Bernalillo County Water Utility Authority.--The 
     Secretary shall--
       (1) retain or enter into new agreements with entities for a 
     proportionate allocation of 29,100 acre-feet of storage space 
     pursuant to section 5 of Public Law 97-140; and
       (2) amend or enter into new storage agreements for storage 
     of San Juan-Chama project water or native Rio Grande system 
     water up to the space allocated for each entity's 
     proportionate share of San Juan-Chama water.
       (e) Operations Documents.--The Secretary shall amend or 
     revise any existing operations documents, including the Water 
     Control Manual or operations plan for Abiquiu Reservoir, as 
     necessary to meet the requirements of this section.
       (f) Limitations.--In carrying out this section, the 
     following limitations shall apply:
       (1) The storage of native Rio Grande system water shall be 
     subject to the provisions of the Rio Grande Compact and the 
     resolutions of the Rio Grande Compact Commission.
       (2) The storage of native Rio Grande system water shall 
     only be authorized to the extent that the necessary water 
     ownership and storage rights have been acquired by the entity 
     requesting such storage.
       (3) The storage of native Rio Grande system water or San-
     Juan Chama project water shall not interfere with the 
     authorized purposes of the Abiquiu Dam and Reservoir project.
       (4) Each user of storage space, regardless of source of 
     water, shall pay for any increase in costs attributable to 
     storage of that user's water.

     SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, 
                   NEW YORK.

       (a) In General.--The portion of the project for navigation, 
     Flushing Bay and Creek, New York, authorized by the first 
     section of the Act of March 3, 1905 (chapter 1482, 33 Stat. 
     1120; 52 Stat. 803; 76 Stat. 1174), described in subsection 
     (b) is no longer authorized beginning on the date of 
     enactment of this Act.
       (b) Portion Described.--The portion referred to in 
     subsection (a) is the portion from river mile 2.5 to river 
     mile 2.9, as bounded by--
       (1) the coordinates of--
       (A) Latitude North 40 45' 45.61'' Longitude West 73 50' 
     20.19'';
       (B) Latitude North 40 45' 47.02'' Longitude West 73 50' 
     10.80'';
       (C) Latitude North 40 45' 26.71'' Longitude West 73 50' 
     10.85''; and
       (D) Latitude North 40 45' 26.72'' Longitude West 73 50' 
     10.96''; and
       (2) the New York Long Island State Plane (US Survey Feet, 
     NAD-83), as follows:
       (A) Easting x1028866.501 Northing y217179.294;
       (B) Easting x1029588.853 Northing y217322.675;
       (C) Easting x1029588.853 Northing y215267.486; and
       (D) Easting x1028964.587 Northing y215267.486.

     SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH 
                   DAKOTA.

       (a) In General.--The portion of the comprehensive plan for 
     flood control and other purposes in the Red River of the 
     North drainage basin, North Dakota, South Dakota, and 
     Minnesota, authorized by section 203 of the Flood Control Act 
     of 1948 (62 Stat. 1177; 64 Stat. 176), consisting of clearing 
     and rectification of the channel from mile 28.3 near Amenia 
     to the mouth of the Rush River, known as Cass County Drain 
     No. 12, is no longer authorized beginning on the date of 
     enactment of this Act.
       (b) Lower Branch Rush River.--The project for flood 
     control, Lower Branch Rush River, North Dakota, carried out 
     under section 205 of the Flood Control Act of 1948 (33 U.S.C. 
     701s), known as Cass County Drain No. 2, is no longer 
     authorized beginning on the date of enactment of this Act.

     SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH 
                   HILL COVE, RHODE ISLAND AND CONNECTICUT.

       Beginning on the date of enactment of this Act, that 
     portion of the project for navigation, Pawcatuck River, 
     Little Narragansett Bay and Watch Hill Cove, Rhode Island and 
     Connecticut, authorized by section 2 of the Act of March 2, 
     1945 (chapter 19, 59 Stat. 13), consisting of a 10-foot-deep, 
     16-acre anchorage area in Watch Hill Cove is no longer 
     authorized.

     SEC. 341. HARRIS COUNTY, TEXAS.

       Section 575 of the Water Resources Development Act of 1996 
     (110 Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.

     SEC. 342. CAP SANTE WATERWAY, WASHINGTON.

       Beginning on the date of enactment of this Act, the project 
     for navigation, Cap Sante Waterway and Navigation Channel, 
     Skagit County, Washington, authorized by the Act of March 2, 
     1919 (chapter 95, 40 Stat. 1285), is modified to deauthorize 
     the portion of the project consisting of an approximately 
     334,434-foot area of the Federal channel within Anacortes 
     Harbor inside and directly adjacent to the Federal breakwater 
     and training wall structure, starting at a point with 
     coordinates N557015.552, E1210819.619, thence running S88 
     13'2.06''E approximately 200 feet to a point with coordinates 
     N557009.330, E1211019.522, thence running S01 46'58.08''W 
     approximately 578 feet to a point with coordinates 
     N556431.405, E1211001.534, thence running S49 49'50.23''W 
     approximately 69 feet to a point with coordinates 
     N556387.076, E1210949.002, thence running S51 53'0.25''E 
     approximately 35 feet to a point with coordinates 
     N556365.662, E1210976.316, thence running S49 38'58.48''W 
     approximately 112 feet to a point with coordinates 
     N556292.989, E1210890.775, thence running N88 13'1.87''W 
     approximately 109 feet to a point with coordinates 
     N556296.367, E1210782.226, thence running S46 46'58.97''W 
     approximately 141 feet to a point with coordinates 
     N556199.527, E1210679.164, thence running N88 13'1.77''W 
     approximately 700 feet to a point with coordinates 
     N556221.305, E1209979.502, thence running N01 46'58.08''E 
     approximately 250 feet to a point with coordinates 
     N556471.184, E1209987.280, thence running S88 13'1.77''E 
     approximately 815 feet to a point with coordinates 
     N556445.828, E1210801.886, thence running N01 46'58.08''E 
     approximately 570 feet to the point of origin.

     SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.

       Section 1119(b) of the Water Resources Development Act of 
     2018 (33 U.S.C. 2347 note) is amended by striking ``owned or 
     operated by the Secretary''.

     SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF 
                   ENVIRONMENT.

       Section 1203(g) of the Water Resources Development Act of 
     2018 (132 Stat. 3805) is amended, in the matter preceding 
     paragraph (1), by striking ``For fiscal years 2019 and 2020'' 
     and inserting ``Until September 30, 2024''.

     SEC. 345. AQUATIC ECOSYSTEM RESTORATION.

       For fiscal years 2021 through 2024, in carrying out section 
     206 of the Water Resources Development Act of 1996 (33 U.S.C. 
     2330), the Secretary shall give priority to a project to 
     restore and protect an aquatic ecosystem or estuary that--
       (1) is located in the South Platte River Basin;
       (2) is located on a body of water that is identified by the 
     applicable State pursuant to section 303(d) of the Federal 
     Water Pollution Control Act (33 U.S.C. 1313(d)) as being 
     impaired;
       (3) has the potential to provide flood risk management and 
     recreational benefits in addition to ecosystem restoration 
     benefits; and
       (4) is located in a city with a population of 80,000 or 
     less.

     SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE 
                   AGREEMENTS.

       Section 1046(c)(3) of the Water Resources Reform and 
     Development Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is 
     amended by striking ``12'' and inserting ``16''.

     SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.

       Section 1149 of the Water Resources Development Act of 2016 
     (33 U.S.C. 1223 note) amended--
       (1) by striking ``recreational'' in each place it appears 
     and inserting ``covered''; and
       (2) by amending subsection (c) to read as follows:
       ``(c) Definitions.--In this section:
       ``(1) Covered navigation channel.--The term `covered 
     navigation channel' means a navigation channel that--
       ``(A) is federally marked or maintained;
       ``(B) is part of the Atlantic Intracoastal Waterway; and
       ``(C) is adjacent to a marina.
       ``(2) Covered vessel.--The term `covered vessel' means a 
     recreational vessel or an uninspected passenger vessel, as 
     such terms are defined in section 2101 of title 46, United 
     States Code.''.

     SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS 
                   RIVER BASIN.

       (a) Definition of Covered Contract.--In this section, the 
     term ``covered contract'' means a contract between any local 
     governmental entity and the Secretary for water supply 
     storage in a Federal or non-Federal hydropower lake within 
     the Arkansas River Basin.
       (b) Limitation.--For any new covered contract for a 
     hydropower lake that is entered into during the period 
     beginning on the date of enactment of this Act and ending on 
     December 31, 2022, a local governmental entity shall not pay 
     more than 110 percent of the initial principal cost for the 
     acre-feet being sought for the new covered contract for that 
     hydropower lake.

     SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO 
                   CERTAIN CONTRACT CLAIMS.

       In a case in which the Armed Services Board of Contract 
     Appeals or other court of competent jurisdiction has rendered 
     a decision during the

[[Page H7726]]

     period beginning on December 1, 2017, and ending on December 
     31, 2022, awarding damages to a contractor relating to the 
     adjudication of claims arising from the construction of an 
     authorized water resources development project, 
     notwithstanding the terms of the Project Partnership 
     Agreement, the Secretary shall waive payment of the share of 
     the non-Federal interest of those damages, including 
     attorney's fees, if--
       (1)(A) the contracting officer was instructed by the Corps 
     of Engineers to modify the terms of the contract or terminate 
     the contract; and
       (B) the Armed Services Board of Contract Appeals or other 
     court of competent jurisdiction determined that the failure 
     of the contracting officer to timely take the action 
     described in subparagraph (A) was a material breach of the 
     contract that resulted in damages to the contractor awarded 
     by the Armed Services Board of Contract Appeals or the court, 
     as applicable; or
       (2) the claims arose from construction of a project 
     deauthorized under this title.

     SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.

       Section 322 of the Water Resources Development Act of 1990 
     (33 U.S.C. 2324) is amended--
       (1) in subsection (b), by striking ``2,000,000'' and 
     inserting ``3,000,000''; and
       (2) in subsection (g)--
       (A) by striking the period at the end and inserting ``; 
     or'';
       (B) by striking ``means a community'' and inserting the 
     following: ``means--
       ``(1) a community''; and
       (C) by adding at the end the following:
       ``(2) a regional water system that serves a population of 
     less than 100,000, for which the per capita income is less 
     than the per capita income of not less than 50 percent of the 
     counties in the United States.''.

     SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.

       Section 103(k) of the Water Resources Development Act of 
     1986 (33 U.S.C. 2213) is amended--
       (1) by striking ``Except as'' and inserting the following:
       ``(1) In general.--Except as''; and
       (2) by adding at the end the following:
       ``(2) Renegotiation of terms.--
       ``(A) In general.--At the request of a non-Federal 
     interest, the Secretary and the non-Federal interest may 
     renegotiate the terms and conditions of an eligible deferred 
     payment, including--
       ``(i) permitting the non-Federal contribution to be made 
     without interest, pursuant to paragraph (1);
       ``(ii) recalculation of the interest rate;
       ``(iii) full or partial forgiveness of interest accrued 
     during the period of construction; and
       ``(iv) a credit against construction interest for a non-
     Federal investment that benefits the completion or 
     performance of the project or separable element.
       ``(B) Eligible deferred payment.--An eligible deferred 
     payment agreement under subparagraph (A) is an agreement for 
     which--
       ``(i) the non-Federal contribution was made with interest;
       ``(ii) the period of project construction exceeds 10 years 
     from the execution of a project partnership agreement or 
     appropriation of funds; and
       ``(iii) the construction interest exceeds $45,000,000.
       ``(3) Credit for non-federal contribution.--
       ``(A) In general.--The Secretary is authorized to credit 
     any costs incurred by the non-Federal interest (including in-
     kind contributions) to remedy a design or construction 
     deficiency of a covered project or separable element toward 
     the non-Federal share of the cost of the covered project, if 
     the Secretary determines the remedy to be integral to the 
     completion or performance of the covered project.
       ``(B) Credit of costs.--If the non-Federal interest incurs 
     costs or in-kind contributions for a project to remedy a 
     design or construction deficiency of a project or separable 
     element which has a 100 percent Federal cost share, and the 
     Secretary determines the remedy to be integral to the 
     completion or performance of the project, the Secretary is 
     authorized to credit such costs to any interest accrued on a 
     deferred non-Federal contribution.
       ``(4) Treatment of pre-payment.--Notwithstanding a deferred 
     payment agreement with a non-Federal interest, the Secretary 
     shall accept, without interest of any type, the repayment of 
     a non-Federal contribution for any eligible deferred payment 
     described in paragraph (2)(B) for which--
       ``(A) the non-Federal interest makes a payment of at least 
     $200 million for that eligible deferred payment agreement on 
     or before September 30, 2021; and
       ``(B) the non-Federal interest repays the remaining 
     principal by September 30, 2023.''.

     SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.

       (a) Consistency With Reports.--Congress finds that the 
     project modifications described in this section are in 
     accordance with the reports submitted to Congress by the 
     Secretary under section 7001 of the Water Resources Reform 
     and Development Act of 2014 (33 U.S.C. 2282d), titled 
     ``Report to Congress on Future Water Resources Development'', 
     or have otherwise been reviewed by Congress.
       (b) Modifications.--
       (1) Sacramento area, california.--Section 219(f)(23) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 336; 117 Stat. 1840) is amended to read as follows:
       ``(23) Sacramento area, california.-- $45,000,000 for 
     regional water conservation, recycling, reliability, and 
     resiliency projects in Placer, El Dorado, and Sacramento 
     Counties and the San Juan Suburban Water District, 
     California.''.
       (2) South perris, california.--Section 219(f)(52) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 336; 114 Stat. 2763A-220) is amended by striking `` 
     $25,000,000'' and inserting `` $50,000,000''.
       (3) Madison and st. clair counties, illinois.--Section 
     219(f)(55) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is 
     amended by striking `` $10,000,000'' and inserting `` 
     $45,000,000''.
       (4) Southern and eastern kentucky.--Section 531 of the 
     Water Resources Development Act of 1996 (110 Stat. 3773; 113 
     Stat. 348; 117 Stat. 142; 121 Stat. 1226) is amended--
       (A) in subsection (g), by inserting ``Boyd, Carter, 
     Elliott, Lincoln,'' after ``Lee,''; and
       (B) in subsection (h), by striking `` $40,000,000'' and 
     inserting `` $100,000,000''.
       (5) Desoto county, mississippi.--Section 219(f)(30) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 
     2257; 122 Stat. 1623) is amended by striking `` $75,000,000'' 
     and inserting `` $130,000,000''.
       (6) Jackson county, mississippi.--Section 219 of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 
     3757; 113 Stat. 1494; 121 Stat. 1258) is amended--
       (A) in subsection (c)(5), by striking ``water supply and'' 
     and inserting ``water supply, projects for stormwater and 
     drainage systems, and''; and
       (B) in subsection (e)(1), by striking `` $32,500,000'' and 
     inserting `` $57,500,000''.
       (7) St. louis, missouri.--Section 219(f)(32) of the Water 
     Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
     337; 121 Stat. 1233) is amended by striking `` $35,000,000'' 
     and inserting `` $70,000,000''.
       (8) Midwest city, oklahoma.--Section 219(f)(231) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 336; 121 Stat. 1266) is amended by striking `` 
     $2,000,000'' and inserting `` $5,000,000''.
       (9) South central pennsylvania.--Section 313 of the Water 
     Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 
     407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 
     1146) is amended--
       (A) in subsection (g)(1), by striking `` $200,000,000'' and 
     inserting `` $400,000,000''; and
       (B) in subsection (h)(2), by inserting ``Beaver, 
     Jefferson,'' after ``Washington,''.
       (10) Lakes marion and moultrie, south carolina.--Section 
     219(f)(25) of the Water Resources Development Act of 1992 
     (106 Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 
     Stat. 1838; 130 Stat. 1677; 132 Stat. 3818) is amended by 
     striking `` $89,550,000'' and inserting `` $110,000,000''.
       (11) El paso county, texas.--Section 219(f)(269) of the 
     Water Resources Development Act of 1992 (106 Stat. 4835; 113 
     Stat. 336; 121 Stat. 1268) is amended by striking `` 
     $25,000,000'' and inserting `` $75,000,000''.
       (12) Western rural water.--Section 595 of the Water 
     Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 
     139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 
     1219; 123 Stat. 2851; 128 Stat. 1316; 130 Stat. 1681) is 
     amended--
       (A) by striking the section heading and inserting ``WESTERN 
     RURAL WATER.'';
       (B) in subsection (b), by inserting ``Arizona,'' before 
     ``rural Idaho'';
       (C) in subsection (c), by inserting ``Arizona,'' before 
     ``Idaho''; and
       (D) in subsection (i), by striking ``for the period 
     beginning with fiscal year 2001, $435,000,000, to remain 
     available until expended.'' and inserting the following: ``, 
     to remain available until expended--
       ``(1) for the period beginning with fiscal year 2001, 
     $435,000,000 for Idaho, Montana, rural Nevada, New Mexico, 
     rural Utah, and Wyoming; and
       ``(2) $150,000,000 for Arizona.''.
       (13) Central west virginia.--Section 571(h) of the Water 
     Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 
     1257) is amended by striking `` $20,000,000'' and inserting 
     `` $100,000,000''.
       (14) Southern west virginia.--Section 340(g) of the Water 
     Resources Development Act of 1992 (106 Stat. 4856; 110 Stat. 
     3727; 113 Stat. 320) is amended by striking `` $40,000,000'' 
     and inserting `` $120,000,000''.
       (c) Lowell Creek Tunnel, Seward, Alaska.--Section 
     5032(a)(2) of the Water Resources Development Act of 2007 
     (Public Law 110-114, 121 Stat. 1205) is amended by striking 
     ``15'' and inserting ``20''.
       (d) Cape Arundel Disposal Site, Maine.--Section 1312 of the 
     Water Resources Development Act of 2018 (132 Stat. 3821) is 
     amended by striking ``December 31, 2021'' and inserting 
     ``September 30, 2024''.

     SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.

       (a) Water Supply.--The following project modifications for 
     water supply, as identified in the report entitled ``Report 
     to Congress on Future Water Resources Development'' dated 
     February 2019, and submitted to Congress on June 3, 2019, 
     pursuant to section 7001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282d) or otherwise 
     reviewed by Congress, are authorized to be carried out by the 
     Secretary substantially in accordance with the 
     recommendations included in such report pursuant to section 
     301(c) of the Water Supply Act of 1958 (43 U.S.C. 390b(c)) 
     and as follows:
       (1) Clarence cannon dam and mark twain lake project, salt 
     river, missouri.--
       (A) In general.--The project for Clarence Cannon Dam and 
     Mark Twain Lake Project, Salt River, Missouri, authorized by 
     section 203 of the Flood Control Act of 1962 (76 Stat. 1189; 
     79 Stat. 1089; 95 Stat. 1684), is modified to release 5,600 
     acre-feet of future use water supply storage to the Federal 
     Government under water supply contract No. DACW43-88-C-0036, 
     and future financial obligations for such volume of storage.

[[Page H7727]]

       (B) Relief of certain obligations.--Upon execution of the 
     amendment required by subparagraph (C), the State of Missouri 
     shall be relieved of the obligation to pay the percentage of 
     the annual operation and maintenance expense, the percentage 
     of major replacement cost, and the percentage of major 
     rehabilitation costs, of the joint use facilities of the 
     project described in subparagraph (A), that are attributable 
     to water supply storage space not being used by the State 
     during the period before the State commences use of the 
     storage space.
       (C) Amendment to contract.--The Secretary shall amend Water 
     Supply Contract No. DACW43-88-C-0036, dated March 10, 1988, 
     between the United States and the State of Missouri, to 
     implement the modifications required under subparagraphs (A) 
     and (B).
       (2) City of plattsburg.--
       (A) In general.--The project for Smithville Lake, Missouri, 
     authorized pursuant to section 204 of the Flood Control Act 
     of 1965 (79 Stat. 1080), is modified to release the City of 
     Plattsburg, Missouri, from--
       (i) 8,850 acre-feet of future water supply storage 
     contracts; and
       (ii) future financial obligations for the volume of storage 
     described in clause (i).
       (B) Amendment to contract.--The Secretary shall amend water 
     supply contract No. DACW41-73-C-0008, between the United 
     States and the State of Missouri, to implement the 
     modifications under subparagraph (A).
       (3) City of smithville.--
       (A) In general.--The project for Smithville Lake, Missouri, 
     authorized pursuant to section 204 of the Flood Control Act 
     of 1965 (79 Stat. 1080), is modified to release the City of 
     Smithville, Missouri, from--
       (i) 6,000 acre-feet of future water supply storage 
     contracts; and
       (ii) future financial obligations for the volume of storage 
     described in clause (i).
       (B) Amendment to contract.--The Secretary shall amend water 
     supply contract No. DACW-41-73-C-0007, between the United 
     States and the State of Missouri, to implement the 
     modifications under subparagraph (A).
       (b) Flood Risk Management.--The following project 
     modifications for flood risk management, as identified in a 
     report entitled ``Report to Congress on Future Water 
     Resources Development'', and submitted to Congress pursuant 
     to section 7001 of the Water Resources Reform and Development 
     Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by 
     Congress, are authorized to be carried out by the Secretary:
       (1) Modification of the project for flood risk management, 
     lower Mississippi River, authorized by the Act of May 15, 
     1928 (chapter 569, 45 Stat. 534), to incorporate the Wolf 
     River Backwater and Nonconnah Creek levee systems into the 
     project, authorized by section 5 of the Act of June 22, 1936 
     (chapter 688, 49 Stat. 1575; 50 Stat. 881), subject to the 
     determination of the Secretary that such systems meet all 
     requirements applicable to such project.
       (2) Modification of the project for flood risk management, 
     Red River below Denison Dam, Arkansas, Louisiana, and Texas, 
     authorized by the Act of June 28, 1938 (chapter 795, 52 Stat. 
     1219), to incorporate the Cherokee Park Levee into the 
     project, subject to the determination of the Secretary that 
     such levee meets all requirements applicable to such project.

     SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.

       (a) Expedited Completions.--
       (1) Upper snake river basin.--The Secretary shall expedite, 
     in coordination with State, Tribal, and local authorities, 
     the completion of maintenance and repair activities for those 
     elements of the levee systems in the Upper Snake River Basin, 
     authorized pursuant to the Flood Control Act of 1950 (64 
     Stat. 179), that are operated and maintained by the 
     Secretary.
       (2) Lower missouri river basin.--The Secretary shall 
     expedite, in coordination with State and local authorities 
     and stakeholders, the completion of maintenance and repair 
     activities for those elements of the levee systems in the 
     Lower Missouri River Basin, authorized pursuant to the Pick-
     Sloan Missouri River Basin Program (authorized by section 
     9(b) of the Act of December 22, 1944 (chapter 665, 58 Stat. 
     891)) or the Missouri River Bank Stabilization and Navigation 
     project (authorized by section 2 of the Act of March 2, 1945 
     (chapter 19, 59 Stat. 19)), that are operated and maintained 
     by the Secretary.
       (3) Coos bay north jetty system, oregon.--The Secretary 
     shall expedite, in coordination with State and local 
     authorities and stakeholders, the completion of maintenance 
     and repair activities for those elements of the Coos Bay 
     North Jetty system, Oregon, authorized by the first section 
     of the Act of January 21, 1927 (chapter 47, 44 Stat. 1014), 
     that are operated and maintained by the Secretary.
       (4) Indian river inlet and bay, delaware.--The Secretary 
     shall expedite, in coordination with State and local 
     authorities, the completion of maintenance and repair 
     activities for the elements of the project for navigation, 
     Indian River Inlet and Bay, Delaware, authorized by the Act 
     of August 26, 1937 (chapter 832, 50 Stat. 846), that are 
     operated and maintained by the Secretary.
       (b) Savings Provision.--Nothing in this section affects the 
     responsibility of the Secretary to comply with the 
     requirements of any Federal law in carrying out the 
     activities required to be expedited by this section.

     SEC. 355. PROJECT REAUTHORIZATIONS.

       (a) In General.--
       (1) Muddy river, massachusetts.--The separable elements for 
     ecosystem restoration of the project for flood damage 
     reduction and environmental restoration, Muddy River, 
     Brookline and Boston, Massachusetts, authorized by section 
     522 of the Water Resources Development Act of 2000 (114 Stat. 
     2656), and deauthorized pursuant to section 6001 of the Water 
     Resources Reform and Development Act of 2014 (128 Stat. 
     1345), are authorized to be carried out by the Secretary, 
     subject to subsection (b).
       (2) East chester creek, new york.--Notwithstanding section 
     1001 of the Water Resources Development Act of 1986 (33 
     U.S.C. 579a), the project for navigation, East Chester Creek, 
     New York, authorized by section 101 of the River and Harbor 
     Act of 1950 (64 Stat. 164; 100 Stat. 4181), and deauthorized 
     pursuant to section 1001 of the Water Resources Development 
     Act of 1986 (33 U.S.C. 579(a)), is authorized to be carried 
     out by the Secretary, subject to subsection (b).
       (3) Christiansted harbor, united states virgin islands.--
     Notwithstanding section 1002 of the Water Resources 
     Development Act of 1986 (100 Stat. 4221), the portion of the 
     project for navigation, Christiansted Harbor, St. Croix, 
     United States Virgin Islands, authorized by section 101 of 
     the River and Harbor Act of 1950 (64 Stat. 167), and 
     deauthorized under section 1002 of the Water Resources 
     Development Act of 1986 (100 Stat. 4221), is authorized to be 
     carried out by the Secretary, subject to subsection (b).
       (4) Charlotte amalie (st. thomas) harbor, united states 
     virgin islands.--Notwithstanding section 1002 of the Water 
     Resources Development Act of 1986 (100 Stat. 4221), the 
     portion of the project for navigation, Charlotte Amalie (St. 
     Thomas) Harbor, St. Thomas, United States Virgin Islands, 
     authorized by the Act of August 26, 1937 (chapter 832, 50 
     Stat. 850), and deauthorized under section 1002 of the Water 
     Resources Development Act of 1986 (100 Stat. 4221), is 
     authorized to be carried out by the Secretary, subject to 
     subsection (b).
       (b) Report to Congress.--The Secretary shall complete and 
     submit to the Committee on Transportation and Infrastructure 
     of the House of Representatives and the Committee on 
     Environment and Public Works of the Senate a post-
     authorization change report (as such term is defined in 
     section 1132(d) of the Water Resources Development Act of 
     2016 (33 U.S.C. 2282e(d)) prior to carrying out a project 
     identified in subsection (a).

     SEC. 356. CONVEYANCES.

       (a) Generally Applicable Provisions.--
       (1) Survey to obtain legal description.--The exact acreage 
     and the legal description of any real property to be conveyed 
     under this section shall be determined by a survey that is 
     satisfactory to the Secretary.
       (2) Applicability of property screening provisions.--
     Section 2696 of title 10, United States Code, shall not apply 
     to any conveyance under this section.
       (3) Costs of conveyance.--An entity to which a conveyance 
     is made under this section shall be responsible for all 
     reasonable and necessary costs, including real estate 
     transaction and environmental documentation costs, associated 
     with the conveyance.
       (4) Liability.--An entity to which a conveyance is made 
     under this section shall hold the United States harmless from 
     any liability with respect to activities carried out, on or 
     after the date of the conveyance, on the real property 
     conveyed. The United States shall remain responsible for any 
     liability with respect to activities carried out, before such 
     date, on the real property conveyed.
       (5) Additional terms and conditions.--The Secretary may 
     require that any conveyance under this section be subject to 
     such additional terms and conditions as the Secretary 
     considers necessary and appropriate to protect the interests 
     of the United States.
       (b) Eufaula, Alabama.--
       (1) Conveyance authorized.--The Secretary shall convey to 
     the City of Eufaula, Alabama, all right, title, and interest 
     of the United States in and to the real property described in 
     the Department of the Army Lease No. DACW01-2-17-0747, 
     containing 56.76 acres, more or less, and being a part of 
     Tracts L-1268 (26.12 acres), L-1273 (13.71 acres), L-1278 
     (6.75 acres), and L1279 (10.36 acres) of the Walter F. George 
     Lock and Dam and Lake project.
       (2) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (3) Consideration.--The City of Eufaula, Alabama, shall pay 
     to the Secretary an amount that is not less than the fair 
     market value of the property conveyed under this subsection, 
     as determined by the Secretary.
       (c) Montgomery, Alabama.--
       (1) Conveyance authorized.--The Secretary shall convey to 
     the City of Montgomery, Alabama, all right, title, and 
     interest of the United States in and to the real property 
     described in paragraph (2).
       (2) Property.--The property to be conveyed is the 62.38 
     acres of land and water under the primary jurisdiction of the 
     Secretary in the R.E. ``Bob'' Woodruff Project Area that is 
     covered by lease number DACW01-1-05-0037, including the 
     parcels and structure known as ``Powder Magazine''.
       (3) Deadline.--To the extent practicable, the Secretary 
     shall complete the conveyance under this subsection by not 
     later than 180 days after the date of enactment of this Act.
       (4) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States, to include retaining the 
     right to inundate with water any land transferred under this 
     subsection.
       (5) Consideration.--The City of Montgomery, Alabama, shall 
     pay to the Secretary an amount that is not less than the fair 
     market value of the property conveyed under this subsection, 
     as determined by the Secretary.
       (d) Conveyance of Wilmington Harbor North Disposal Area, 
     Delaware.--

[[Page H7728]]

       (1) In general.--As soon as practicable, the Secretary 
     shall complete the conveyance of the Wilmington Harbor North 
     Disposal Area confined disposal facility, Delaware, to the 
     State of Delaware.
       (2) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (3) Consideration.--The State of Delaware shall pay to the 
     Secretary an amount that is not less than the fair market 
     value of the property conveyed under this subsection, as 
     determined by the Secretary.
       (e) Ohio River Lock and Dam Number 52, Massac County, 
     Illinois.--
       (1) Conveyance authorized.--The Secretary shall convey to 
     the Massac-Metropolis Port District, Illinois, all right, 
     title, and interest of the United States in and to any real 
     property located north of the south bank of the Ohio River in 
     Massac County, Illinois, that is associated with the Ohio 
     River Lock and Dam 52.
       (2) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (3) Consideration.--The Massac-Metropolis Port District, 
     Illinois, shall pay to the Secretary an amount that is not 
     less than fair market value of the property conveyed under 
     this subsection, as determined by the Secretary.
       (f) Upper St. Anthony Falls Lock and Dam, Minneapolis, 
     Minnesota.--
       (1) Conveyance authorized.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall, upon 
     request--
       (A) convey, without consideration, to the City of 
     Minneapolis, Minnesota, or its designee, all or substantially 
     all of the real property owned by the United States adjacent 
     to or in the vicinity of the Upper St. Anthony Falls Lock and 
     Dam, subject to the right of the Secretary to retain any 
     easements in such property solely to the extent necessary to 
     continue to operate and maintain the Upper St. Anthony Falls 
     Lock and Dam; and
       (B) provide, without consideration, to the City or its 
     designee--
       (i) access and use rights by license, easement, or similar 
     agreement, to any real property and structures at the site of 
     the Upper St. Anthony Falls Lock and Dam that is not conveyed 
     under subparagraph (A); and
       (ii) for any such property retained by the Secretary, 
     exclusive license or easement over such property to allow the 
     City or its designee to construct, use, and operate amenities 
     thereon, and to utilize such property as a comprehensive 
     recreational, touristic, and interpretive experience.
       (2) Ownership and operation of lock and dam.--Ownership 
     rights to the Upper St. Anthony Falls Lock and Dam shall not 
     be conveyed under this subsection, and the Secretary shall 
     retain all rights to operate and maintain the Upper St. 
     Anthony Falls Lock and Dam.
       (3) Reversion.--If the Secretary determines that the 
     property conveyed under this subsection is not used for a 
     public purpose, all right, title, and interest in and to the 
     property shall revert, at the discretion of the Secretary, to 
     the United States.
       (4) Upper st. anthony falls lock and dam defined.--In this 
     subsection, the term ``Upper St. Anthony Falls Lock and Dam'' 
     means the lock and dam located on Mississippi River Mile 
     853.9 in Minneapolis, Minnesota.
       (g) Clinton, Missouri.--
       (1) Conveyance authorized.--The Secretary shall convey to 
     the City of Clinton, Missouri, without consideration, all 
     right, title, and interest of the United States in and to the 
     real property described in paragraph (2).
       (2) Property.--The property to be conveyed is a tract of 
     land situated in the S \1/2\ of Section 12 and the N \1/2\ of 
     Section 13, Township 41 North, Range 26 West of the Fifth 
     Principal Meridian, Henry County, Missouri, more particularly 
     described as follows: Beginning at the point of intersection 
     of the north line of said S \1/2\ of Section 12 and the 
     easterly right-of-way of State Highway No. 13; thence 
     easterly along the north line of said S \1/2\ to the 
     northeast corner of the W \1/2\ NW \1/4\ NE \1/4\ SW \1/4\ of 
     said Section 12; thence southerly along the east line of said 
     W \1/2\ NW \1/4\ NE \1/4\ SW \1/4\ to the southeast corner 
     thereof; thence easterly along the north line of the S \1/2\ 
     NE \1/4\ SW \1/4\ of said Section 12 to the southwest corner 
     of the W \1/2\ NW \1/4\ NW \1/4\ SE \1/4\ of said Section 12; 
     thence in a northeasterly direction to the northeast corner 
     of said W \1/2\ NW \1/4\ NW \1/4\ SE \1/4\ ; thence easterly 
     along the north line of said S \1/2\ to the westerly right-
     of-way of the County Road; thence in a southeasterly and 
     southerly direction along the westerly right-of-way of said 
     County Road approximately 2500 feet to the center of Deer 
     Creek; thence in a southwesterly direction along the center 
     of said Deer Creek, approximately 3900 feet to the south line 
     of said N \1/2\ of Section 13; thence westerly along the 
     south line of said N \1/2\ to the easterly right-of-way line 
     of the St. Louis-San Francisco Railroad; thence in a 
     northwesterly direction along the easterly right-of-way of 
     said railroad to the easterly right-of-way of said State 
     Highway No. 13; thence in a northeasterly direction along the 
     easterly right-of-way of said State Highway No. 13 to the 
     point of the beginning; and including a roadway easement for 
     ingress and egress, described as a strip of land 80 feet in 
     width, lying 40 feet on each side of the following described 
     line, the initial extremities of the following described 
     strip being extended or reduced as required to exactly adjoin 
     the boundary lines which they meet, situated in the S \1/2\ 
     of Section 12, Township 41 North Range 26 West of the Fifth 
     Principal Meridian, Henry County, Missouri, more particularly 
     described as follows: Commencing at the center of said 
     Section 12, thence Sl24'56''W, 1265.52 feet to a point, 
     thence N8829'02''W, 483.97 feet to the point of beginning of 
     the strip of land herein described; thence in a northeasterly 
     direction along a curve to the right, said curve having an 
     initial tangent bearing of N344'4l''E, a radius of 238.73 
     feet and an interior angle of 6129'26'', an arc distance of 
     256.21 feet to a point; thence N6514'07''E 218.58 feet to a 
     point; thence in a northeasterly direction along a curve to 
     the left, having a radius of 674.07 feet and an interior 
     angle of 3600'01'', an arc distance of 423.53 feet to a 
     point; thence N2914'07''E, 417.87 feet to a point; thence 
     northeasterly along a curve to the right, having a radius of 
     818.51 feet and an interior angle of 1430'01'', an arc 
     distance of 207.15 feet to a point; thence N4344'07''E, 
     57.00 feet to the southerly right-of-way line of a county 
     road, containing 2,948 acres, more or less; Excluding 
     therefrom a tract of land situated in the S \1/2\ of said 
     Section 12, said Township and Range, described as commencing 
     at the center of said Section 12; thence S124'56''W, 1265.52 
     feet to the point of beginning of the tract of land herein 
     described; thence N8829'02''W, 1122.50 feet; thence 
     S143'26''W, 872.62 feet; thence S8829'02''E, 1337.36 feet; 
     thence Nl43'26''E, 872.62 feet; thence N8829'02''W, 214.86 
     feet to the point of beginning, containing 26.79 acres, more 
     or less. The above described tract contains, in the 
     aggregate, 177.69 acres, more or less.
       (3) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (4) Reversion.--If the Secretary determines that the 
     property conveyed under this subsection is not being used for 
     a public purpose, all right, title, and interest in and to 
     the property shall revert, at the discretion of the 
     Secretary, to the United States.
       (h) City of Clinton, Old Orchard Addition, Missouri.--
       (1) Conveyance authorized.--The Secretary shall convey to 
     the City of Clinton, Missouri, all right, title, and interest 
     of the United States in and to the real property described in 
     paragraph (2).
       (2) Property.--The property to be conveyed is Lot 28 in Old 
     Orchard Addition, a subdivision of the City of Clinton, Henry 
     County, Missouri, containing 0.36 acres, more or less, 
     including any improvements thereon.
       (3) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States, including such 
     reservations, terms, and conditions as the Secretary 
     determines necessary to allow the United States to operate 
     and maintain the Harry S. Truman Reservoir Project.
       (4) Consideration.--The City of Clinton, Missouri, shall 
     pay to the Secretary an amount that is not less than the fair 
     market value of the property conveyed under this subsection, 
     as determined by the Secretary.
       (i) Tri-County Levee District, Missouri.--
       (1) Conveyance authorized.--The Secretary shall convey to 
     the Tri-County Levee District, Missouri, all right, title, 
     and interest of the United States in and to the real property 
     described in paragraph (2).
       (2) Property.--The property to be conveyed is the part of 
     Sections 1 and 12 Township 45 North Range 6 West of the 5th 
     P.M. in Montgomery County, Missouri, described as follows: A 
     tract of land being 60' wide and lying South and East of and 
     adjoining the centerline of the existing levee and being 
     described as follows: Commencing at the NW corner of Section 
     12, thence S 87 52' 35'' E 587.4', thence S 01 29' 25'' W 
     453.68' to the point of the beginning; said point being in 
     the center of the levee, thence with the centerline of the 
     levee N 77 01' 30'' E 164.92', thence N 74 26' 55'' E 
     250.0', thence N 72 27' 55'' E 270.0', thence N 69 06' 10'' 
     E 300.0', thence N 66 42' 15'' E 500.0', thence N 64 14' 
     30'' E 270.0', thence N 61 09' 10'' E 800.0', thence N 60 
     58' 15'' E 1724.45', thence leaving the centerline S 01 10' 
     35'' W 69.43', thence parallel with the above described 
     centerline S 60 58' 15'' W 1689.62', thence S 61 09' 10'' W 
     801.71', thence S 64 14' 30'' W 272.91', thence S 66 42' 
     15'' W 502.55', thence S 69 06' 10'' W 303.02', thence S 72 
     27' 55'' W 272.8', thence S 74 26' 55'' W 252.39', thence S 
     77 01' 30'' W 181.75', thence leaving the South side of the 
     levee N 01 26' 25'' E 61.96' to the point of beginning and 
     containing 5.89 acres more or less.
       (3) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (4) Consideration.--The Tri-County Levee District, 
     Missouri, shall pay to the Secretary an amount that is not 
     less than the fair market value of the property conveyed 
     under this subsection, as determined by the Secretary.
       (j) Judge Joseph Barker, Jr., House, Ohio.--
       (1) Non-federal entity.--In this subsection, the term 
     ``non-Federal entity'' means the Friends of Joseph Barker, 
     Jr., House, a nonprofit organization in the State of Ohio.
       (2) Conveyance authorized.--
       (A) In general.--Subject to paragraph (6), the Secretary 
     shall convey to the non-Federal entity, without 
     consideration, all right, title, and interest of the United 
     States in and to the property described in paragraph (3)(A).
       (B) Easement.--Upon conveyance of the property under 
     subparagraph (A), the Secretary shall provide to the non-
     Federal entity, without consideration, an easement over the 
     property described in paragraph (3)(B) for access to the 
     conveyed property for as long as the non-Federal entity is in 
     legal possession of the conveyed property.
       (3) Descriptions of property.--

[[Page H7729]]

       (A) In general.--The property referred to in paragraph 
     (2)(A) is the following (as in existence on the date of 
     enactment of this Act):
       (i) Judge joseph barker, jr., house.--The tract of land 
     situated in the State of Ohio, Washington County, on the Ohio 
     River, and being particularly bounded and described as 
     follows: Beginning at a point located on the southern right-
     of-way line of Ohio Route 7, a new corner to the land now or 
     formerly owned by the United States of America; thence, 
     leaving the right-of-way of said Route 7 and severing the 
     land of said United States of America parallel to and 
     approximately 10 feet easterly of the toe of the existing 
     dredge disposal berm, southeasterly approximately 326 feet to 
     a point prior to the current Corps of Engineers access to the 
     dredging spoil area; thence, northeasterly approximately 480 
     feet paralleling the top of the slope to the riverbank side 
     of the house and approximately 25 feet northerly therefrom; 
     thence, northwest approximately 302 feet to a point in the 
     southern right-of-way of Ohio Route 7; thence with the right-
     of-way of said Route 7, southwesterly approximately 485 feet 
     to the point of beginning, containing approximately 3.51 
     acres.
       (ii) Road tract.--The tract of land situated in the State 
     of Ohio, Washington County, on the Ohio River, and being 
     particularly bounded and described as follows: Beginning at a 
     point located on the southern right-of-way line of Ohio Route 
     7, a new corner to the land now or formerly owned by the 
     United States of America; thence, leaving the right-of-way of 
     said Route 7 and severing the land of said United States of 
     America and with the House Parcel southeasterly 25 feet; 
     thence, northeast, running parallel to said Route 7 right-of-
     way, approximately 994 feet to a point of deflection; thence 
     northeasterly 368 feet to a point beyond the existing fence 
     corner; thence, east 140 feet to the edge of the existing 
     Willow Island access road; thence with said access road, 
     northwesterly approximately 62 feet to a point in the 
     southern right-of-way of Ohio Route 7; thence with the right-
     of-way of said Route 7, southwesterly approximately 1,491 
     feet to the point of beginning, containing approximately 1 
     acre.
       (B) Easement.--The property referred to in paragraph (2)(B) 
     is the following: The tract of land situated in the State of 
     Ohio, Washington County, on the Ohio River, and being 
     particularly bounded and described as follows: Beginning at a 
     point at the intersection of the southern right-of-way of 
     Ohio Route 7 and the northeast side of the existing Willow 
     Island access road, a new corner to the land now or formerly 
     owned by the United States of America; thence, southwest, 
     running with said Route 7 right-of-way, approximately 30 feet 
     to a point on the southwest side of the existing access road, 
     and corner to the road tract; thence with said access road 
     and the line of the road parcel, southeasterly approximately 
     62 feet to a point; thence leaving the road parcel and 
     crossing the existing access road northeasterly approximately 
     30 feet to a point located on the northeast side of the 
     existing access road; thence, northwesterly approximately 62 
     feet, to the point of beginning, containing approximately 
     0.04 acre.
       (4) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (5) Reversion.--If the Secretary determines that the 
     property conveyed under this subsection is not being used by 
     the non-Federal entity for a public purpose, all right, 
     title, and interest in and to the property shall revert, at 
     the discretion of the Secretary, to the United States.
       (6) Requirements.--
       (A) Improvements; environmental assessment.--
       (i) Improvements.--The Secretary shall make such 
     improvements and alterations to the property described in 
     paragraph (3)(A)(i) as the Secretary, in consultation with 
     the non-Federal entity and relevant stakeholders, determines 
     to be appropriate to facilitate conveyance of the property 
     and provision of the easement under this subsection.
       (ii) Environmental assessment.--Before making a conveyance 
     under paragraph (2), the Secretary shall--

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

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

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

       (C) Dredged material placement activities.--The Secretary 
     shall--
       (i) notify and coordinate with the non-Federal entity and 
     relevant stakeholders before carrying out any dredged 
     material placement activities associated with the property 
     described in paragraph (3)(A) after the date on which such 
     property is conveyed under this subsection; and
       (ii) in carrying out a dredged material placement activity 
     under clause (i), act in accordance with Engineer Manual EM 
     1110-2-5025 (or a subsequent version of that manual).
       (7) Reservation of rights.--The Secretary may reserve and 
     retain from any conveyance under this subsection a right-of-
     way or any other right that the Secretary determines to be 
     necessary for the operation and maintenance of the authorized 
     Federal channel along the Ohio River.
       (8) Treatment.--Conveyance to the non-Federal entity under 
     this subsection of property described in paragraph (3)(A)(i) 
     shall satisfy all obligations of the Secretary with respect 
     to such property under--
       (A) section 306101 of title 54, United States Code; and
       (B) section 306108 of title 54, United States Code, with 
     respect to the effects on the property of dredged material 
     placement activities carried out by the Secretary after the 
     date of the conveyances.
       (9) Inapplicability.--Subtitle I of title 40, and chapter 4 
     of title 41, United States Code shall not apply to any 
     conveyance or easement provided under this subsection.
       (k) Leaburg Fish Hatchery, Lane County, Oregon.--
       (1) Conveyance authorized.--Subject to the provisions of 
     this subsection, the Secretary shall convey, without 
     consideration, to the State of Oregon, acting through the 
     Oregon Department of Fish and Wildlife, all right, title, and 
     interest of the United States in and to the real property 
     comprising the Leaburg Fish Hatchery, consisting of 
     approximately 21.55 acres, identified as tracts Q-1500, Q-
     1501E, and 300E-1 and described in Department of the Army 
     Lease No. DACW57-1-18-0009, together with any improvements on 
     the property.
       (2) Water rights.--The Secretary may transfer to the State 
     of Oregon, acting through the Oregon Department of Fish and 
     Wildlife, any water rights held by the United States that are 
     appurtenant to the property conveyed under this subsection.
       (3) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States, including a condition 
     that all of the property conveyed under this subsection be 
     used and maintained by the State of Oregon for the purpose of 
     operating a fish hatchery in perpetuity.
       (4) Reversion.--If the Secretary determines that the 
     property conveyed under this subsection is not being used or 
     maintained by the State of Oregon for the purpose of 
     operating a fish hatchery in perpetuity, all or any portion 
     of the property, including any water rights transferred under 
     this subsection, shall, at the option of the Secretary, 
     revert to the United States.
       (5) Savings clause.--If the State of Oregon does not accept 
     the conveyance under this subsection, the Secretary may 
     dispose of the property, including appurtenant water rights, 
     under subchapter III of chapter 5 of title 40, United States 
     Code.
       (l) Willamette Falls Locks, Willamette River, Oregon.--
       (1) Definitions.--In this section:
       (A) Real estate appendix.--The term ``real estate 
     appendix'' means Appendix A of the document published by the 
     District Commander of the Portland District of the Corps of 
     Engineers, titled ``Willamette Falls Locks Willamette River 
     Oregon Section 216 Disposition Study with Integrated 
     Environmental Assessment''.
       (B) Receiving entity.--The term ``receiving entity'' means 
     an entity identified by the State of Oregon, in consultation 
     with the Willamette Falls Locks Commission, to receive the 
     conveyance under paragraph (2).
       (C) Willamette falls locks project.--The term ``Willamette 
     Falls Locks project'' means the project for navigation, 
     Willamette Falls Locks, Willamette River, Oregon, authorized 
     by the Act of June 25, 1910 (36 Stat. 664, chapter 382).
       (D) Willamette falls locks report.--The term ``Willamette 
     Falls Locks report'' means the memorandum of the Director of 
     Civil Works with the subject ``Willamette Falls Locks (WFL), 
     Willamette River Oregon Section 216 Disposition Study with 
     Integrated Environmental Assessment (Study)'', dated July 11, 
     2019.
       (2) Conveyance authorized.--The Secretary is authorized to 
     convey to the receiving entity, without consideration, all 
     right, title, and interest of the United States in and to any 
     land in which the Federal Government has a property interest 
     for the Willamette Falls Locks project, together with any 
     improvements on the land, subject to the requirements of this 
     subsection and in accordance with the Willamette Falls Locks 
     report.
       (3) Deed.--The Secretary shall convey the property under 
     this subsection by quitclaim deed under such terms and 
     conditions as the Secretary determines appropriate to protect 
     the interests of the United States.
       (4) Subject to existing easements and other interests.--The 
     conveyance of property under paragraph (2) shall be subject 
     to all existing deed reservations, easements, rights-of-way, 
     and leases that are in effect as of the date of the 
     conveyance.
       (5) Reversion.--If the Secretary determines that the 
     property conveyed under this subsection cease to be held in 
     public ownership, all right, title, and interest in and to 
     the property shall revert, at the discretion of the 
     Secretary, to the United States.
       (6) Requirements before conveyance.--
       (A) Perpetual road easement.--Before making the conveyance 
     under paragraph (2), the Secretary shall acquire a perpetual 
     road easement from an adjacent property owner for use of an 
     access road, which easement shall convey with the property 
     conveyed under such paragraph.
       (B) Environmental compliance.--Before making the conveyance 
     under paragraph (2), in accordance with the real estate 
     appendix, the

[[Page H7730]]

     Secretary shall complete a Phase 1 Environmental Site 
     Assessment pursuant to the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.).
       (C) Historic preservation.--The Secretary may enter into a 
     memorandum of agreement with the Oregon State Historic 
     Preservation Office and the Advisory Council on Historic 
     Preservation that identifies actions the Secretary shall take 
     before making the conveyance under paragraph (2).
       (D) Repairs.--Before making the conveyance under paragraph 
     (2), the Secretary shall carry out repairs to address primary 
     seismic and safety risks in accordance with the 
     recommendations approved in the Willamette Falls Locks 
     report.
       (7) Deauthorization.--Beginning on the date on which the 
     Secretary makes the conveyance under paragraph (2), the 
     Willamette Falls Locks project is no longer authorized.

     SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.

       Section 3133(b) of the Water Resources Development Act of 
     2007 (121 Stat. 1141) is amended by adding at the end the 
     following:
       ``(5) Termination.--The committee shall terminate on the 
     date that is 30 days after the date on which the committee 
     submits final recommendations to the Secretary.''.

     SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.

       (a) In General.--Section 705 of the Water Resources 
     Development Act of 2000 (114 Stat. 2696) is repealed.
       (b) Conforming Amendments.--
       (1) Purposes.--Section 702(b)(3) of the Water Resources 
     Development Act of 2000 (114 Stat. 2695) is amended by 
     inserting ``prepared under section 705(e) (as in effect on 
     the day before the date of enactment of the Water Resources 
     Development Act of 2020)'' before the period at the end.
       (2) Definitions.--Section 703 of the Water Resources 
     Development Act of 2000 (114 Stat. 2695) is amended--
       (A) by striking paragraphs (2) and (4); and
       (B) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively.

     SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.

       (a) In General.--Section 905 of the Water Resources 
     Development Act of 2000 (114 Stat. 2709) is repealed.
       (b) Conforming Amendments.--
       (1) Purposes.--Section 902(b)(3) of the Water Resources 
     Development Act of 2000 (114 Stat. 2708) is amended by 
     inserting ``prepared under section 905(e) (as in effect on 
     the day before the date of enactment of the Water Resources 
     Development Act of 2020)'' before the period at the end.
       (2) Definitions.--Section 903 of the Water Resources 
     Development Act of 2000 (114 Stat. 2708) is amended--
       (A) by striking paragraphs (2) and (4); and
       (B) by redesignating paragraphs (3) and (5) as paragraphs 
     (2) and (3), respectively.

     SEC. 360. CONFORMING AMENDMENTS.

       (a) Section 710 of the Water Resources Development Act of 
     1986 (33 U.S.C. 2264), and the item relating to such section 
     in the table of contents, are repealed.
       (b) Section 1001 of the Water Resources Development Act of 
     1986 (33 U.S.C. 579a) is amended--
       (1) in subsection (b), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2); and
       (2) by striking subsection (c).
       (c) Section 1001 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 2282c) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1), by striking ``Notwithstanding the 
     requirements of subsection (c), the Secretary'' and inserting 
     ``The Secretary'';
       (B) by striking ``subsections (a) and (c)'' each place it 
     appears and inserting ``subsection (a)''; and
       (C) by striking paragraph (4); and
       (2) by striking subsection (c) and redesignating 
     subsections (d) through (g) as subsections (c) through (f), 
     respectively.
       (d) Section 6003 of the Water Resources Reform and 
     Development Act of 2014 (33 U.S.C. 579c), and the item 
     relating to such section in the table of contents, are 
     repealed.
       (e) Section 1301 of the Water Resources Development Act of 
     2016 (33 U.S.C. 579d), and the item relating to such section 
     in the table of contents, are repealed.
       (f) Section 1302 of the Water Resources Development Act of 
     2016 (33 U.S.C. 579c-1), and the item relating to such 
     section in the table of contents, are repealed.
       (g) Section 1301 of the Water Resources Development Act of 
     2018 (33 U.S.C. 579d-1), and the item relating to such 
     section in the table of contents, are repealed.
       (h) Section 1302 of the Water Resources Development Act of 
     2018 (33 U.S.C. 579c-2), and the item relating to such 
     section in the table of contents, are repealed.

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

     SEC. 401. PROJECT AUTHORIZATIONS.

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


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


[[Page H7731]]

       (2) Flood risk management.--


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

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


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. DE     Delaware            March 6, 2020  Initial Federal:
           Beneficial Use of                  $66,464,000
           Dredged Material                  Initial Non-Federal:
           for the Delaware                   $35,789,000
           River                             Total: $102,253,000
                                             Renourishment Federal:
                                              $120,023,000
                                             Renourishment Non-Federal:
                                              $120,023,000
                                             Renourishment Total:
                                              $240,046,000
------------------------------------------------------------------------
2. NJ     New Jersey          April 8, 2020  Initial Federal:
           Beneficial Use of                  $84,071,000
           Dredged Material                  Initial Non-Federal:
           for the Delaware                   $45,270,000
           River                             Total: $129,341,000
                                             Renourishment Federal:
                                              $85,495,000
                                             Renourishment Non-Federal:
                                              $85,495,000
                                             Renourishment Total:
                                              $170,990,000
------------------------------------------------------------------------
3. NJ     Rahway River        June 9, 2020   Federal: $48,322,000
           Basin, New Jersey                 Non-Federal: $26,020,000
           Coastal Storm                      Total: $74,342,000
           Risk Management
------------------------------------------------------------------------

[[Page H7732]]

 
4. NJ     Raritan Bay and     August 25,     Federal: $107,680,000
           Sandy Hook Bay,     2020          Non-Federal: $57,981,000
           Highlands                          Total: $165,661,000
------------------------------------------------------------------------
5. NY     East Rockaway       August 22,     Initial Federal:
           Inlet to Rockaway   2019           $638,460,000
           Inlet and Jamaica                 Initial Non-Federal: $0
           Bay, Atlantic                     Total: $638,460,000
           Coast of New York                 Renourishment Federal:
                                              $200,924,000
                                             Renourishment Non-Federal:
                                              $200,924,000
                                             Renourishment Total:
                                              $401,847,000
------------------------------------------------------------------------
6. NY     Fire Island Inlet   July 9, 2020   Initial Federal:
           to Montauk Point,                  $1,576,790,000
           New York                          Initial Non-Federal: $0
           Reformulation                     Total: $1,576,790,000
                                             Renourishment Federal:
                                              $767,695,000
                                             Renourishment Non-Federal:
                                              $767,695,000
                                             Renourishment Total:
                                              $1,535,390,000
------------------------------------------------------------------------
7. NY     Hashamomuck Cove    December 9,    Initial Federal:
           Coastal Storm       2019           $11,920,000
           Risk Management                   Initial Non-Federal:
                                              $6,418,000
                                             Total: $18,338,000
                                             Renourishment Federal:
                                              $24,237,000
                                             Renourishment Non-Federal:
                                              $24,237,000
                                             Renourishment Total:
                                              $48,474,000
------------------------------------------------------------------------
8. RI     Pawcatuck River     December 19,   Federal: $37,679,000
           Coastal Storm       2018           Non-Federal: $20,289,000
           Risk Management                   Total: $57,968,000
           Project
------------------------------------------------------------------------
9. VA     Norfolk Coastal     February 5,    Federal: $942,920,000
           Storm Risk          2019          Non-Federal: $507,730,000
           Management                         Total: $1,450,650,000
------------------------------------------------------------------------

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


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

       (5) Ecosystem restoration.--


------------------------------------------------------------------------
                               C.  Date of
                                Report of
A. State       B.  Name          Chief of        D.  Estimated  Costs
                                Engineers
------------------------------------------------------------------------
1. CA     Delta Islands and    December 18,  Federal: $17,251,000
           Levees              2018          Non-Federal: $9,289,000
                                             Total: $26,540,000
------------------------------------------------------------------------
2. CA     Malibu Creek        November 13,   Federal: $172,249,000
           Ecosystem           2020          Non-Federal: $106,960,000
           Restoration, Los                  Total: $279,209,000
           Angeles and
           Ventura Counties
------------------------------------------------------------------------
3. CA     Yuba River          June 20, 2019  Federal: $66,975,000
           Ecosystem                         Non-Federal: $36,064,000
           Restoration                       Total: $103,039,000
------------------------------------------------------------------------
4. CO,    Rio Grande,         August 5,      Federal: $16,998,000
 NM, TX    Environmental       2019          Non-Federal: $9,153,000
           Management                        Total: $26,151,000
           Program, Sandia
           Pueblo to Isleta
           Pueblo, New
           Mexico, Ecosystem
           Restoration
------------------------------------------------------------------------
5. FL     Comprehensive       April 8, 2020  Federal: $379,583,000
           Everglades                        Non-Federal: $375,737,000
           Restoration Plan,                 Total: $755,320,000
           Loxahatchee River
           Watershed
           Restoration
           Project, Martin
           and Palm Beach
           Counties
------------------------------------------------------------------------
6. IA,    Grand River Basin   November 18,   Federal: $78,876,000
 MO        Ecosystem           2020          Non-Federal: $42,471,000
           Restoration                       Total: $121,347,000
------------------------------------------------------------------------

[[Page H7733]]

 
7. IL     The Great Lakes     May 23, 2019   Federal: $557,730,550
           and Mississippi                   Non-Federal: $300,316,450
           River Interbasin                  Total: $858,047,000
           Study - Brandon
           Road, Will County
------------------------------------------------------------------------
8. IL     South Fork of the   July 9, 2020   Federal: $11,657,000
           South Branch of                   Non-Federal: $6,277,000
           the Chicago                       Total: $17,934,000
           River, Bubbly
           Creek, Ecosystem
           Restoration
------------------------------------------------------------------------
9. MD     Anacostia           December 19,   Federal: $25,866,750
           Watershed           2018          Non-Federal: $13,928,250
           Restoration,                      Total: $39,795,000
           Prince George's
           County
------------------------------------------------------------------------
10. MO    St. Louis           November 1,    Federal: $61,362,893
           Riverfront-         2019          Non-Federal: $33,042,107
           Meramec River                     Total: $94,405,000
           Basin Ecosystem
           Restoration
------------------------------------------------------------------------
11. NY,   Hudson-Raritan      May 26, 2020   Federal: $273,933,000
 NJ        Estuary Ecosystem                 Non-Federal: $147,502,000
           Restoration                       Total: $421,435,000
------------------------------------------------------------------------
12. NY    Hudson River        November 19,   Federal: $33,479,000
           Habitat             2020          Non-Federal: $11,159,000
           Restoration                       Total: $44,638,000
------------------------------------------------------------------------
13. TX    Jefferson County    September 12,  Federal: $38,942,000
           Ecosystem           2019          Non-Federal: $20,969,000
           Restoration                       Total: $59,911,000
------------------------------------------------------------------------

       (6) Water supply.--


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

       (7) Modifications and other projects.--


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


[[Page H7734]]

  


     SEC. 402. SPECIAL RULES.

       (a) Great Lakes and Mississippi River Interbasin Project, 
     Brandon Road, Will County, Illinois.--The Secretary shall 
     carry out the project for ecosystem restoration, Great Lakes 
     and Mississippi River Interbasin project, Brandon Road, Will 
     County, Illinois, authorized by section 401 of this Act, 
     substantially in accordance with the terms and conditions 
     described in the Report of the Chief of Engineers, dated May 
     23, 2019, with the following modifications:
       (1) The Federal share of the cost of construction shall be 
     80 percent.
       (2) The Secretary may include the addition or substitution 
     of technologies or measures not described in the report, as 
     the Secretary determines to be advisable.
       (b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay 
     Reformulation, New York.--The project for hurricane and storm 
     damage reduction, East Rockaway Inlet to Rockaway Inlet and 
     Jamaica Bay, Atlantic Coast of New York, authorized by 
     section 401 of this Act, shall be considered to be a 
     continuation of the interim response to the authorization by 
     the House of Representatives dated September 20, 1997, and 
     the authorization under the heading ``Department of the 
     Army--Corps of Engineers--Civil--Construction'' under chapter 
     4 of title X of the Disaster Relief Appropriations Act, 2013 
     (127 Stat. 24).
       (c) Tulsa and West-Tulsa Levee System, Tulsa County, 
     Oklahoma.--For the project for flood risk management, Tulsa 
     and West-Tulsa Levee System, Tulsa County, Oklahoma, 
     authorized by section 401 of this Act, the non-Federal 
     contribution for the project shall be financed over a period 
     of 30 years from the date of completion of the project, in 
     accordance with section 103(k) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2213(k)).
       (d) Willamette River Basin Review Reallocation Study.--The 
     Secretary shall carry out the project for water supply, 
     Willamette River Basin Review Reallocation, Oregon, 
     authorized by section 401 of this Act, substantially in 
     accordance with the terms and conditions described in the 
     Report of the Chief of Engineers, dated December 18, 2019, 
     with the following modifications:
       (1) The Secretary shall meet the obligations of the Corps 
     of Engineers under the Endangered Species Act of 1973 by 
     complying with the June 2019 NMFS Willamette Basin Review 
     Study Biological Opinion Reasonable and Prudent Alternative 
     until such time, if any, as it is modified or replaced, in 
     whole or in part, through the consultation process under 
     section 7(a) of the Endangered Species Act of 1973.
       (2) The Secretary may reallocate not more than 10 percent 
     of overall storage in the joint conservation pool, as 
     authorized by this Act and without further congressional 
     action, if such reallocation is consistent with the ongoing 
     consultation under section 7(a) of the Endangered Species Act 
     of 1973 related to Willamette Valley System operations.
       (3) The Secretary shall ensure that the revised 
     reallocation is not reallocated from a single storage use, 
     does not seriously affect authorized project purposes, and 
     does not otherwise involve major operational changes to the 
     project.
       (e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127 
     of the Water Resources Development Act of 2007 (121 Stat. 
     1242) is amended by striking `` $150,000,000'' and inserting 
     `` $255,816,000''.

     SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY 
                   STUDIES PREPARED BY NON-FEDERAL INTERESTS.

       (a) In General.--The Secretary is authorized to carry out 
     the following projects for water resources development and 
     conservation and other purposes, subject to subsection (b):
       (1) Fort pierce, st. lucie county, florida.--The project 
     for hurricane and storm damage reduction, Fort Pierce, St. 
     Lucie County, Florida, as described in the review assessment 
     of the Secretary, titled ``Review Assessment of St. Lucie 
     County, Florida Fort Pierce Shore Protection Project Section 
     203 Integrated Feasibility Study and Environmental Assessment 
     (June 2018)'' and dated July 2018, at a total cost of 
     $33,107,639, and at an estimated total cost of $97,958,972 
     for periodic nourishment over the 50-year life of the 
     project.
       (2) Baptiste collette bayou, louisiana.--The project for 
     navigation, Baptiste Collette Bayou, Louisiana, as described 
     in the review assessment of the Secretary, titled ``Review 
     Assessment of Plaquemines Parish Government's Section 203 
     Study Baptiste Collette Bayou Navigation Channel Deepening 
     Project Integrated Feasibility Study and Environmental 
     Assessment (January 2017, Amended April 2018)'' and dated 
     June 2018, at a total cost of $44,920,000.
       (3) Houma navigation canal, louisiana.--The project for 
     navigation, Houma Navigation Canal, Louisiana, as described 
     in the review assessment of the Secretary, titled ``Review 
     Assessment of Houma Navigation Canal Deepening Project 
     Section 203 Integrated Feasibility Report and DRAFT 
     Environmental Impact Statement (June 2018)'' and dated July 
     2018, at a total cost of $253,458,000.
       (4) Port fourchon belle pass channel, louisiana.--The 
     project for navigation, Port Fourchon Belle Pass Channel, 
     Louisiana, as described in the review assessment of the 
     Secretary, titled ``Review Assessment of Port Fourchon Belle 
     Pass Channel Deepening Project Section 203 Feasibility Study 
     (January 2019, revised January 2020)'' and dated April 2020, 
     at a total cost of $95,483,000.
       (5) Wilmington harbor, north carolina.--The project for 
     navigation, Wilmington Harbor, North Carolina, as described 
     in the review assessment of the Secretary, titled ``Review 
     Assessment of Wilmington Harbor, North Carolina Navigation 
     Improvement Project Integrated Section 203 Study & 
     Environmental Report (February 2020)'' and dated May 2020, at 
     a total cost of $834,093,000.
       (6) Chacon creek, texas.--The project for flood risk 
     management, ecosystem restoration, and other purposes, Chacon 
     Creek, Texas, as described in the review assessment of the 
     Secretary, titled ``Review Assessment of Chacon Creek, Texas 
     Section 203 Integrated Feasibility Report and DRAFT 
     Environmental Assessment (August 2018)'' and dated September 
     2018, at a total cost of $51,973,000.
       (b) Requirements.--The Secretary may only carry out a 
     project authorized under subsection (a)--
       (1) substantially in accordance with the applicable review 
     assessment for the project submitted by the Secretary under 
     section 203(c) of the Water Resources Development Act of 
     1986, as identified in subsection (a) of this section, and 
     subject to such modifications or conditions as the Secretary 
     considers appropriate and identifies in a final assessment 
     that addresses the concerns, recommendations, and conditions 
     identified by the Secretary in the applicable review 
     assessment; and
       (2) after the Secretary transmits to the Committee on 
     Transportation and Infrastructure of the House of 
     Representatives and the Committee on Environment and Public 
     Works of the Senate such final assessment.

                         TITLE V--OTHER MATTERS

     SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.

       (a) In General.--The Secretary shall periodically update 
     the Invasive Species Policy Guidance, developed under section 
     104 of the River and Harbor Act of 1958 (33 U.S.C. 610) and 
     the Nonindigenous Aquatic Nuisance Prevention and Control Act 
     of 1990 (16 U.S.C. 4701 et seq.), in accordance with the most 
     recent National Invasive Species Council Management Plan 
     developed pursuant to Executive Order 13112.
       (b) Inclusion.--The Secretary may include in the updated 
     guidance invasive species specific efforts at federally 
     authorized water resources development projects located in--
       (1) high-altitude lakes; and
       (2) the Tennessee and Cumberland River basins.

     SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.

       Section 1108 of the Water Resources Development Act of 2018 
     (33 U.S.C. 2263a) is amended--
       (1) in subsection (a)--
       (A) by striking ``management'' and inserting ``prevention, 
     management,''; and
       (B) by inserting ``, elodea, quagga mussels,'' after 
     ``Asian carp''; and
       (2) in subsection (b)--
       (A) by inserting ``or could be impacted in the future'' 
     after ``impacted''; and
       (B) by striking ``Pacific'' and all that follows through 
     the period at the end and inserting ``Pacific, Arctic, and 
     Gulf Coasts, the Great Lakes, and reservoirs operated and 
     maintained by the Secretary.''.

     SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT PROGRAM.

       (a) In General.--The Secretary shall carry out a pilot 
     program, in consultation with the Federal Interagency 
     Committee for the Management of Noxious and Exotic Weeds, to 
     identify and develop new and improved strategies for 
     terrestrial noxious weed control on Federal land under the 
     jurisdiction of the Secretary.
       (b) Partnerships.--In carrying out the pilot program under 
     subsection (a), the Secretary shall act in partnership with 
     such other individuals and entities as the Secretary 
     determines to be appropriate.
       (c) Cooperative Agreements.--The Secretary may utilize 
     cooperative agreements with county and State agencies for the 
     implementation of the pilot program under subsection (a).
       (d) Report to Congress.--Not later than 2 years after the 
     date of enactment of this Act, the Secretary shall provide to 
     the Committee on Environment and Public Works of the Senate 
     and the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the new and 
     improved strategies developed through the pilot program under 
     subsection (a).

     SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, 
                   AND MANAGEMENT.

       Section 528(f)(2) of the Water Resources Development Act of 
     1996 (110 Stat. 3771) is amended--
       (1) by redesignating subparagraphs (I) and (J) as 
     subparagraphs (J) and (K), respectively;
       (2) by inserting after subparagraph (H) the following:
       ``(I) shall, using existing amounts appropriated to the 
     Task Force, develop and update, as appropriate, a priority 
     list of invasive species that--
       ``(i) reflects an assessment of ecological risk that the 
     listed invasive species represent;
       ``(ii) includes populations of invasive plants and animals 
     that--

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

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

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

[[Page H7735]]

       (3) in subparagraph (J) (as so redesignated), by striking 
     ``ecosystem'' and inserting ``ecosystem, including the 
     activities described in subparagraph (I)''; and
       (4) in clause (i) of subparagraph (K) (as so redesignated), 
     by inserting ``, including the priority list under 
     subparagraph (I) and the activities described in that 
     subparagraph'' after ``Task Force''.

     SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.

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

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

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

       ``(I) includes--

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

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

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

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

       ``(ii) where appropriate, to replace the invasive plant 
     species described in clause (i) with ecologically suitable 
     native species; and
       ``(iii) to maintain and monitor riparian areas in which 
     activities are carried out under clauses (i) and (ii).
       ``(C) Report to congress.--Not later than 18 months after 
     the date of enactment of this subsection, the Secretary of 
     the Interior, acting through the Director of the United 
     States Fish and Wildlife Service, shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Transportation and Infrastructure of the 
     House of Representatives a report describing the 
     implementation of the pilot program.
       ``(D) Termination of authority.--The authority provided 
     under this paragraph shall terminate on September 30, 2024.
       ``(4) Cost share.--The Federal share of an action carried 
     out under a partnership under paragraph (2) or an activity 
     carried out under the pilot program under paragraph (3) shall 
     not exceed 80 percent of the total cost of the action or 
     activity.''.

     SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.

       Section 1039(b) of the Water Resources Reform and 
     Development Act of 2014 (16 U.S.C. 4701 note) is amended--
       (1) in paragraph (1)--
       (A) in the paragraph heading, by striking ``upper 
     mississippi and ohio river basins and tributaries'' and 
     inserting ``mississippi river and tributaries, including sub-
     basins'';
       (B) in subparagraph (A), by striking ``Upper Mississippi 
     and Ohio River basins and tributaries'' and inserting 
     ``Mississippi River and tributaries, including the 6 sub-
     basins of the River,''; and
       (C) in subparagraph (B), by striking ``and the document 
     prepared'' and all that follows through ``February 2012.'' 
     and inserting ``the Mississippi River Basin Asian Carp 
     Control Strategy Framework, and the Asian Carp Regional 
     Coordinating Committee's Asian Carp Action Plan.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A)--
       (i) by striking ``December 31 of each year'' and inserting 
     ``December 31, 2020, and biennially thereafter''; and
       (ii) by striking ``Upper Mississippi and Ohio River basins 
     and tributaries'' and inserting ``Mississippi River and 
     tributaries, including the 6 sub-basins of the River''; and
       (B) in subparagraph (B)--
       (i) in clause (i), by striking ``Upper Mississippi and Ohio 
     River basins and tributaries'' and inserting ``Mississippi 
     River and tributaries, including the 6 sub-basins of the 
     River,''; and
       (ii) in clause (ii), by striking ``Upper Mississippi and 
     Ohio River basins and tributaries'' and inserting 
     ``Mississippi River and tributaries, including the 6 sub-
     basins of the River''.

     SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.

       (a) Establishment.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, shall establish a pilot program (referred to in this 
     section as the ``pilot program'') to develop and carry out 
     effective measures necessary to prevent, control, or 
     eradicate aquatic invasive species in alpine

[[Page H7736]]

     lakes that are not located within a unit of the National Park 
     System.
       (b) Partnerships.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, shall offer to enter into a partnership to carry out 
     the pilot program with--
       (1) any relevant partnering Federal agency; and
       (2) any relevant compact agency organized with the consent 
     of Congress under article I, section 10 of the Constitution 
     of the United States.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the pilot program $25,000,000 
     for the period of fiscal years 2022 through 2024.

     SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.

       (a) Grant Authority.--The Secretary of the Interior, acting 
     through the Director of the Fish and Wildlife Service, and in 
     consultation with all relevant Federal agencies, shall 
     establish a pilot program to provide financial assistance to 
     States for management, research, and public education 
     activities necessary to--
       (1) eradicate the Asian giant hornet; and
       (2) restore bee populations damaged by the Asian giant 
     hornet.
       (b) Eligibility.--A State is eligible to receive financial 
     assistance under this section if the State has demonstrated 
     to the Secretary of the Interior sufficient need to implement 
     measures to eradicate the Asian giant hornet.
       (c) Cost Sharing.--
       (1) Federal share.--The Federal share of the costs of 
     activities carried out under the pilot program may not exceed 
     75 percent of the total costs of such activities.
       (2) In-kind contributions.--The non-Federal share of the 
     costs of activities carried out under the pilot program may 
     be provided in the form of in-kind contributions of materials 
     or services.
       (d) Limitation on Administrative Expenses.--Not more than 5 
     percent of financial assistance provided by the Secretary of 
     the Interior under this section may be used for 
     administrative expenses.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior to carry 
     out the pilot program $4,000,000 for each of fiscal years 
     2021 through 2025.
       (f) Definitions.--In this section:
       (1) Asian giant hornet.--The term ``Asian giant hornet'' 
     means a Vespa mandarinia.
       (2) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and the territories and 
     insular possessions of the United States.
       (g) Sunset.--The authority under this section shall 
     terminate on the date that is 5 years after the date of 
     enactment of this Act.

     SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.

       (a) Corps of Engineers Asian Carp Prevention Pilot 
     Program.--
       (1) In general.--The Secretary, in conjunction with the 
     Tennessee Valley Authority and other relevant Federal 
     agencies, shall carry out an Asian carp prevention pilot 
     program to carry out projects to manage and prevent the 
     spread of Asian carp using innovative technologies, methods, 
     and measures.
       (2) Project selection.--
       (A) Location.--Each project under the pilot program shall 
     be carried out in a river system or reservoir in the 
     Cumberland River Watershed or Tennessee River Watershed in 
     which Asian carp populations are expanding or have been 
     documented.
       (B) Consultation.--In selecting projects to carry out under 
     the pilot program, the Secretary shall consult with--
       (i) applicable Federal, State, and local agencies;
       (ii) institutions of higher education; and
       (iii) relevant private organizations, including nonprofit 
     organizations.
       (C) Limitations.--
       (i) Number of projects.--The Secretary may select not more 
     than 10 projects to carry out under the pilot program.
       (ii) Deadline.--Not later than September 30, 2024, the 
     Secretary shall complete projects selected to be carried out 
     under the pilot program.
       (3) Best practices.--In carrying out the pilot program, to 
     the maximum extent practicable, the Secretary shall consider 
     existing best practices, such as those described in the 
     document of the Asian Carp Working Group of the Aquatic 
     Nuisance Species Task Force entitled ``Management and Control 
     Plan for Bighead, Black, Grass, and Silver Carps in the 
     United States'' and dated November 2007.
       (4) Cost-share.--
       (A) In general.--The Federal share of the costs of a 
     project carried out under the program may not exceed 75 
     percent of the total costs of the project.
       (B) Operation, maintenance, rehabilitation, and repair.--
     After the completion of a project under the pilot program, 
     the Federal share of the costs for operation, maintenance, 
     rehabilitation, and repair of the project shall be 100 
     percent.
       (5) Memorandum of agreement.--For projects carried out in 
     reservoirs owned or managed by the Tennessee Valley 
     Authority, the Secretary and the Tennessee Valley Authority 
     shall execute a memorandum of agreement establishing the 
     framework for a partnership and the terms and conditions for 
     sharing expertise and resources.
       (6) Payments.--The Secretary is authorized to accept and 
     expend funds from the Tennessee Valley Authority to complete 
     any work under this section at a reservoir owned or managed 
     by the Tennessee Valley Authority.
       (7) Report.--Not later than 2 years after the date of 
     enactment of this Act, and 2 years thereafter, the Secretary 
     shall submit to Congress a report describing the results of 
     the pilot program, including an analysis of the effectiveness 
     of the innovative technologies, methods, and measures used in 
     projects carried out under the pilot program at preventing 
     the spread, or managing the eradicating of, Asian carp.
       (8) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection $25,000,000, 
     to remain available until expended.
       (b) Fish and Wildlife Service Asian Carp Eradication 
     Program.--
       (1) Establishment.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, shall establish a program to provide financial 
     assistance to States to implement measures, including for 
     management, research, and public education activities, 
     necessary to eradicate the Asian carp.
       (2) Eligibility.--A State is eligible to receive financial 
     assistance under this subsection if such State has 
     demonstrated to the Secretary of the Interior sufficient need 
     to implement measures to eradicate the Asian carp.
       (3) Priority.--In providing financial assistance under the 
     program, the Secretary of the Interior shall give priority to 
     States in the Cumberland River Watershed or the Tennessee 
     River Watershed in which Asian carp populations are expanding 
     or have been documented.
       (4) Cost sharing.--
       (A) Federal share.--The Federal share of the costs of 
     activities carried out under the program may not exceed 80 
     percent of the total costs of such activities.
       (B) In-kind contributions.--The non-Federal share of the 
     costs of activities carried out under the program may be 
     provided in the form of in-kind contributions of materials or 
     services.
       (5) Limitation on administrative expenses.--Not more than 5 
     percent of financial assistance provided by the Secretary of 
     the Interior under this subsection may be used for 
     administrative expenses.
       (6) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary of the Interior to carry 
     out this subsection $4,000,000 for each of fiscal years 2021 
     through 2025.

     SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND 
                   TERRITORIES PILOT PROGRAM.

       (a) Establishment.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, shall establish a pilot program to carry out 
     measures necessary to prevent, control, or eradicate invasive 
     species in culturally significant forested watersheds in 
     noncontiguous States and territories of the United States in 
     which the Corps of Engineers is carrying out flood risk 
     management projects.
       (b) Implementation.--The Secretary of the Interior, acting 
     through the Director of the United States Fish and Wildlife 
     Service, is encouraged to carry out the measures described in 
     subsection (a) in consultation with--
       (1) States, any territory or possession of the United 
     States, and units of local government, including federally 
     recognized Indian Tribes (as defined in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304)); and
       (2) nonprofit organizations with knowledge of, and 
     experience in, forested watershed management, including 
     nonprofit organizations with a primary purpose of serving and 
     partnering with indigenous communities.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out the pilot program under 
     subsection (a) $25,000,000 for the period of fiscal years 
     2022 through 2024.

     SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.

       (a) Installation of Network.--
       (1) In general.--In accordance with the activities required 
     under section 4003(a) of the Water Resources Reform and 
     Development Act of 2014 (128 Stat. 1310; 130 Stat. 1676), and 
     to support the goals of the Weather Research and Forecasting 
     Innovation Act of 2017 (Public Law 115-25) and the National 
     Integrated Drought Information System Reauthorization Act of 
     2018 (Public Law 115-423), the Secretary, in coordination 
     with the Administrator of the National Oceanic and 
     Atmospheric Administration (referred to in this section as 
     the ``Administrator''), the Chief of the Natural Resources 
     Conservation Service, the Director of the United States 
     Geological Survey, and the Commissioner of Reclamation, shall 
     continue installation of a network of soil moisture and 
     plains snowpack monitoring stations, and modification of 
     existing stations, in the Upper Missouri River Basin.
       (2) Requirements.--In carrying out installation and 
     modification activities under paragraph (1), the Secretary--
       (A) may continue to enter into agreements, including 
     cooperative agreements, with State mesonet programs for 
     purposes of installing new stations or modifying existing 
     stations;
       (B) shall transfer ownership and all responsibilities for 
     operation and maintenance of new stations to the respective 
     State mesonet program for the State in which the monitoring 
     station is located on completion of installation of the 
     station; and
       (C) shall establish, in consultation with the 
     Administrator, requirements and standards for the 
     installation of new stations and modification of existing 
     stations to ensure seamless data integration into--
       (i) the National Mesonet Program;
       (ii) the National Coordinated Soil Moisture Network; and
       (iii) other relevant networks.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this subsection, in addition 
     to any other funds authorized to be appropriated for the 
     installation of a network of soil moisture and plains 
     snowpack monitoring stations or the

[[Page H7737]]

     modification of existing stations in the Upper Missouri River 
     Basin, $7,000,000 for each of fiscal years 2021 through 2025.
       (b) Soil Moisture and Snowpack Monitoring Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator shall establish 
     within the National Mesonet Program a pilot program for the 
     acquisition and use of data generated by the network 
     described in subsection (a).
       (2) Requirements.--In establishing the pilot program under 
     paragraph (1), the Administrator shall--
       (A) enter into agreements with State mesonet programs in 
     the Upper Missouri River Basin to acquire data generated by 
     the network described in subsection (a) that--
       (i) are similar to the agreements in effect as of the date 
     of the enactment of this Act with States under the National 
     Mesonet Program; and
       (ii) allow for sharing of data with other Federal agencies 
     and with institutions engaged in federally supported 
     research, including the United States Drought Monitor, as 
     appropriate and feasible;
       (B) in coordination with the Secretary, the Chief of the 
     Natural Resources Conservation Service, the Director of the 
     United States Geological Survey, and the Commissioner of 
     Reclamation, gather data from the operation of the network to 
     inform ongoing efforts of the National Oceanic and 
     Atmospheric Administration in support of--
       (i) the National Integrated Drought Information System, 
     including the National Coordinated Soil Moisture Network;
       (ii) the United States Drought Monitor;
       (iii) the National Water Model and other relevant national 
     modeling efforts;
       (iv) validation, verification, and calibration of 
     satellite-based, in situ, and other remote sensing activities 
     and output products;
       (v) flood risk and water resources monitoring initiatives 
     by the Secretary and the Commissioner; and
       (vi) any other programs or initiatives the Administrator 
     considers appropriate;
       (C) at the request of State mesonet programs, or as the 
     Administrator considers appropriate, provide technical 
     assistance to such programs under the pilot program under 
     paragraph (1) to ensure proper data requirements; and
       (D) ensure an appropriate mechanism for quality control and 
     quality assurance is employed for the data acquired under the 
     pilot program, such as the Meteorological Assimilation Data 
     Ingest System.
       (3) Study required.--
       (A) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Administrator shall initiate a 
     study of the pilot program required by paragraph (1) to 
     evaluate the data generated by the network described in 
     subsection (a) and the applications of that data to programs 
     and initiatives described in paragraph (2)(B).
       (B) Elements.--The study required by subparagraph (A) shall 
     include an assessment of--
       (i) the contribution of the soil moisture, snowpack, and 
     other relevant data generated by the network described in 
     subsection (a) to weather, subseasonal and seasonal, and 
     climate forecasting products on the local, regional, and 
     national levels;
       (ii) the enhancements made to the National Integrated 
     Drought Information System, the National Water Model, and the 
     United States Drought Monitor, and other relevant national 
     modeling efforts, using data and derived data products 
     generated by the network;
       (iii) the contribution of data generated by the network to 
     remote sensing products and approaches;
       (iv) the viability of the ownership and operational 
     structure of the network; and
       (v) any other matters the Administrator considers 
     appropriate, in coordination with the Secretary, the Chief of 
     the Natural Resources Conservation Service, the Director of 
     the United States Geological Survey, and the Commissioner of 
     Reclamation.
       (4) Report required.--Not later than 4 years after the date 
     of the enactment of this Act, the Administrator shall submit 
     to the appropriate congressional committees a report--
       (A) setting forth the findings of the study required by 
     paragraph (3); and
       (B) making recommendations based on those findings to 
     improve weather, subseasonal, seasonal, and climate 
     monitoring nationally.
       (5) Government accountability office audit.--
       (A) In general.--Not later than 60 days after the report 
     required by paragraph (4) is submitted, the Comptroller 
     General of the United States shall initiate an audit to 
     evaluate that report and determine whether--
       (i) the Administrator, in conducting the pilot program 
     under paragraph (1), has utilized the relevant data generated 
     by the network described in subsection (a) in the manner most 
     beneficial to the programs and initiatives described in 
     paragraph (2)(B);
       (ii) the acquisition agreements entered into under 
     paragraph (2)(A) with State mesonet programs fully comply 
     with the requirements of that paragraph; and
       (iii) the heads of other agencies, including the Secretary, 
     the Chief of the Natural Resources Conservation Service, the 
     Director of the United States Geological Survey, and the 
     Commissioner of Reclamation, are utilizing the data generated 
     by the network to better inform and improve the missions of 
     those agencies.
       (B) Report required.--Not later than 270 days after 
     initiating the audit required by subparagraph (A), the 
     Comptroller General shall submit to the appropriate 
     congressional committees a report setting forth the findings 
     of the audit.
       (6) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Commerce, Science, and Transportation, 
     the Committee on Environment and Public Works, and the 
     Committee on Energy and Natural Resources of the Senate; and
       (B) the Committee on Transportation and Infrastructure, the 
     Committee on Science, Space, and Technology, and the 
     Committee on Natural Resources of the House of 
     Representatives.

     SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT 
                   CORPORATION.

       (a) Renaming the Saint Lawrence Seaway Development 
     Corporation.--The Act of May 13, 1954 (33 U.S.C. 981 et seq.) 
     is amended--
       (1) in section 1 (33 U.S.C. 981), by striking ``Saint 
     Lawrence Seaway Development Corporation'' and inserting 
     ``Great Lakes St. Lawrence Seaway Development Corporation''; 
     and
       (2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint 
     Lawrence Seaway Development Corporation'' and inserting 
     ``Great Lakes St. Lawrence Seaway Development Corporation''.
       (b) References.--Any reference to the Saint Lawrence Seaway 
     Development Corporation in any law, regulation, document, 
     record, Executive order, or other paper of the United States 
     shall be deemed to be a reference to the Great Lakes St. 
     Lawrence Seaway Development Corporation.
       (c) Technical and Conforming Amendments.--
       (1) Title 5.--Section 5315 of title 5, United States Code, 
     is amended by striking ``Saint Lawrence Seaway Development 
     Corporation'' and inserting ``Great Lakes St. Lawrence Seaway 
     Development Corporation''.
       (2) Title 18.--Section 2282B of title 18, United States 
     Code, is amended by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation''.
       (3) Internal revenue code.--Section 9505(a)(2) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is 
     amended by striking ``Saint Lawrence Seaway Development 
     Corporation'' and inserting ``Great Lakes St. Lawrence Seaway 
     Development Corporation''.
       (4) Title 31.--Section 9101(3)(K) of title 31, United 
     States Code, is amended by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation''.
       (5) Water resources development act of 1986.--The Water 
     Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is 
     amended--
       (A) in section 206 (33 U.S.C. 2234), by striking ``Saint 
     Lawrence Seaway Development Corporation'' and inserting 
     ``Great Lakes St. Lawrence Seaway Development Corporation'';
       (B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by 
     striking ``Saint Lawrence Seaway Development Corporation'' 
     and inserting ``Great Lakes St. Lawrence Seaway Development 
     Corporation'';
       (C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by 
     striking ``Saint Lawrence Seaway Development Corporation'' 
     and inserting ``Great Lakes St. Lawrence Seaway Development 
     Corporation''; and
       (D) in section 1132(b) (33 U.S.C. 2309(b)), by striking 
     ``Saint Lawrence Seaway Development Corporation'' and 
     inserting ``Great Lakes St. Lawrence Seaway Development 
     Corporation'' each place it appears.
       (6) Title 46.--Title 46, United States Code, is amended--
       (A) in section 2109, by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation'';
       (B) in section 8103(g), by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation'';
       (C) in section 8503(c), by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation'';
       (D) in section 55112(a)(3), by striking ``St. Lawrence 
     Seaway Development Corporation'' and inserting ``Great Lakes 
     St. Lawrence Seaway Development Corporation'';
       (E) in section 55331(3), by striking ``Saint Lawrence 
     Seaway Development Corporation'' and inserting ``Great Lakes 
     St. Lawrence Seaway Development Corporation''; and
       (F) in section 70032, by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation'' each place it 
     appears.
       (7) Title 49.--
       (A) In general.--Title 49, United States Code, is amended--
       (i) in section 110--

       (I) in the heading, by striking ``SAINT LAWRENCE SEAWAY 
     DEVELOPMENT CORPORATION'' and inserting ``GREAT LAKES ST. 
     LAWRENCE SEAWAY DEVELOPMENT CORPORATION''; and
       (II) in subsection (a), by striking ``Saint Lawrence Seaway 
     Development Corporation'' and inserting ``Great Lakes St. 
     Lawrence Seaway Development Corporation''; and

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

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

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

     SEC. 1. TABLE OF CONTENTS.

       The table of contents of the division is as follows:

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

Sec. 1. Table of contents.

[[Page H7738]]

                       TITLE I--NO SURPRISES ACT

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

                         TITLE II--TRANSPARENCY

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

                  TITLE III--PUBLIC HEALTH PROVISIONS

                    Subtitle A--Extenders Provisions

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

                Subtitle B--Strengthening Public Health

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

                       Subtitle C--FDA Amendments

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

                   Subtitle D--Technical Corrections

Sec. 331. Technical corrections.

                       TITLE I--NO SURPRISES ACT

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``No Surprises Act''.

     SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING SURPRISE 
                   MEDICAL BILLING.

       (a) Public Health Service Act Amendments.--
       (1) In general.--Title XXVII of the Public Health Service 
     Act (42 U.S.C. 300gg et seq.) is amended by adding at the end 
     the following new part:

                ``PART D--ADDITIONAL COVERAGE PROVISIONS

     ``SEC. 2799A-1. PREVENTING SURPRISE MEDICAL BILLS.

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

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

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

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

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

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

       ``(iii) Reports.--Beginning for 2022, the Secretary shall 
     annually submit to Congress a report on the number of plans 
     and issuers with respect to which audits were conducted 
     during such year pursuant to this subparagraph.
       ``(B) Rulemaking.--Not later than July 1, 2021, the 
     Secretary, in consultation with the Secretary of Labor and 
     the Secretary of the Treasury, shall establish through 
     rulemaking--
       ``(i) the methodology the group health plan or health 
     insurance issuer offering group or individual health 
     insurance coverage shall use to determine the qualifying 
     payment amount, differentiating by individual market, large 
     group market, and small group market;
       ``(ii) the information such plan or issuer, respectively, 
     shall share with the nonparticipating provider or 
     nonparticipating facility, as applicable, when making such a 
     determination;
       ``(iii) the geographic regions applied for purposes of this 
     subparagraph, taking into account access to items and 
     services in rural and underserved areas, including health 
     professional shortage areas, as defined in section 332; and
       ``(iv) a process to receive complaints of violations of the 
     requirements described in subclauses (I) and (II) of 
     subparagraph (A)(i) by group health plans and health 
     insurance issuers offering group or individual health 
     insurance coverage.
     Such rulemaking shall take into account payments that are 
     made by such plan or issuer, respectively, that are not on a 
     fee-for-service basis. Such methodology may account for 
     relevant payment adjustments that take into account quality 
     or facility type (including higher

[[Page H7739]]

     acuity settings and the case-mix of various facility types) 
     that are otherwise taken into account for purposes of 
     determining payment amounts with respect to participating 
     facilities. In carrying out clause (iii), the Secretary shall 
     consult with the National Association of Insurance 
     Commissioners to establish the geographic regions under such 
     clause and shall periodically update such regions, as 
     appropriate, taking into account the findings of the report 
     submitted under section 109(a) of the No Surprises Act.
       ``(3) Definitions.--In this part and part E:
       ``(A) Emergency department of a hospital.--The term 
     `emergency department of a hospital' includes a hospital 
     outpatient department that provides emergency services (as 
     defined in subparagraph (C)(i)).
       ``(B) Emergency medical condition.--The term `emergency 
     medical condition' means a medical condition manifesting 
     itself by acute symptoms of sufficient severity (including 
     severe pain) such that a prudent layperson, who possesses an 
     average knowledge of health and medicine, could reasonably 
     expect the absence of immediate medical attention to result 
     in a condition described in clause (i), (ii), or (iii) of 
     section 1867(e)(1)(A) of the Social Security Act.
       ``(C) Emergency services.--
       ``(i) In general.--The term `emergency services', with 
     respect to an emergency medical condition, means--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page H7740]]

     means, with respect to a group health plan or group or 
     individual health insurance coverage offered by a health 
     insurance issuer--

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

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

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

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

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

       ``(I) A hospital (as defined in 1861(e) of the Social 
     Security Act).

[[Page H7741]]

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

       ``(B) Visit.--The term `visit' shall, with respect to items 
     and services furnished to an individual at a health care 
     facility, include equipment and devices, telemedicine 
     services, imaging services, laboratory services, preoperative 
     and postoperative services, and such other items and services 
     as the Secretary may specify, regardless of whether or not 
     the provider furnishing such items or services is at the 
     facility.
       ``(c) Certain Access Fees to Certain Databases.--In the 
     case of a sponsor of a group health plan or health insurance 
     issuer offering group or individual health insurance coverage 
     that, pursuant to subsection (a)(3)(E)(iii), uses a database 
     described in such subsection to determine a rate to apply 
     under such subsection for an item or service by reason of 
     having insufficient information described in such subsection 
     with respect to such item or service, such sponsor or issuer 
     shall cover the cost for access to such database.''.
       (2) Transfer amendment.--Part D of title XXVII of the 
     Public Health Service Act, as added by paragraph (1), is 
     amended by adding at the end the following new section:

     ``SEC. 2799A-7. OTHER PATIENT PROTECTIONS.

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

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

       (ii) in subsection (a)(2), by inserting ``or part D'' after 
     ``this part''; and
       (iii) in subsection (c), by inserting ``or part D'' after 
     ``this part (other than section 2704)''.
       (b) ERISA Amendments.--
       (1) In general.--Subpart B of part 7 of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1185 et seq.) is amended by adding at the end the following:

     ``SEC. 716. PREVENTING SURPRISE MEDICAL BILLS.

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

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

       ``(v) any cost-sharing payments made by the participant or 
     beneficiary with respect to such emergency services so 
     furnished shall be counted toward any in-network deductible 
     or out-of-pocket maximums applied under the plan or coverage, 
     respectively (and such in-network deductible and out-of-
     pocket maximums shall be applied) in the same manner as if 
     such cost-sharing payments were made with respect to 
     emergency services furnished by a participating provider or a 
     participating emergency facility; and
       ``(D) without regard to any other term or condition of such 
     coverage (other than exclusion or coordination of benefits, 
     or an affiliation or waiting period, permitted under section 
     2704 of the Public Health Service Act, including as 
     incorporated pursuant to section 715 of this Act and section 
     9815 of the Internal Revenue Code of 1986, and other than 
     applicable cost-sharing).
       ``(2) Regulations for qualifying payment amounts.--Not 
     later than July 1, 2021, the Secretary, in consultation with 
     the Secretary of the Treasury and the Secretary of Health and 
     Human Services, shall establish through rulemaking--
       ``(A) the methodology the group health plan or health 
     insurance issuer offering health insurance coverage in the 
     group market shall use to determine the qualifying payment 
     amount, differentiating by large group market, and small 
     group market;
       ``(B) the information such plan or issuer, respectively, 
     shall share with the nonparticipating

[[Page H7742]]

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

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

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

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

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

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

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

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

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

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

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

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

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

       ``(I) The large group market (other than plans described in 
     subclause (III)).
       ``(II) The small group market (other than plans described 
     in subclause (III)).

[[Page H7743]]

       ``(III) In the case of a self-insured group health plan, 
     other self-insured group health plans.

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

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

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

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

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

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

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

[[Page H7744]]

     contractual relationship with the plan or issuer, 
     respectively, with respect to the furnishing of such an item 
     or service at the facility.
       ``(ii) Health care facility described.--A health care 
     facility described in this clause, with respect to a group 
     health plan or group health insurance coverage, is each of 
     the following:

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

       ``(B) Visit.--The term `visit' shall, with respect to items 
     and services furnished to an individual at a health care 
     facility, include equipment and devices, telemedicine 
     services, imaging services, laboratory services, preoperative 
     and postoperative services, and such other items and services 
     as the Secretary may specify, regardless of whether or not 
     the provider furnishing such items or services is at the 
     facility.
       ``(c) Certain Access Fees to Certain Databases.--In the 
     case of a sponsor of a group health plan or health insurance 
     issuer offering group health insurance coverage that, 
     pursuant to subsection (a)(3)(E)(iii), uses a database 
     described in such subsection to determine a rate to apply 
     under such subsection for an item or service by reason of 
     having insufficient information described in such subsection 
     with respect to such item or service, such sponsor or issuer 
     shall cover the cost for access to such database.''.
       (2) Transfer amendment.--Subpart B of part 7 of title I of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.), as amended by paragraph (1), is further 
     amended by adding at the end the following:

     ``SEC. 722. OTHER PATIENT PROTECTIONS.

       ``(a) Choice of Health Care Professional.--If a group 
     health plan, or a health insurance issuer offering group 
     health insurance coverage, requires or provides for 
     designation by a participant or beneficiary of a 
     participating primary care provider, then the plan or issuer 
     shall permit each participant and beneficiary to designate 
     any participating primary care provider who is available to 
     accept such individual.
       ``(b) Access to Pediatric Care.--
       ``(1) Pediatric care.--In the case of a person who has a 
     child who is a participant or beneficiary under a group 
     health plan, or group health insurance coverage offered by a 
     health insurance issuer, if the plan or issuer requires or 
     provides for the designation of a participating primary care 
     provider for the child, the plan or issuer shall permit such 
     person to designate a physician (allopathic or osteopathic) 
     who specializes in pediatrics as the child's primary care 
     provider if such provider participates in the network of the 
     plan or issuer.
       ``(2) Construction.--Nothing in paragraph (1) shall be 
     construed to waive any exclusions of coverage under the terms 
     and conditions of the plan or health insurance coverage with 
     respect to coverage of pediatric care.
       ``(c) Patient Access to Obstetrical and Gynecological 
     Care.--
       ``(1) General rights.--
       ``(A) Direct access.--A group health plan, or health 
     insurance issuer offering group health insurance coverage, 
     described in paragraph (2) may not require authorization or 
     referral by the plan, issuer, or any person (including a 
     primary care provider described in paragraph (2)(B)) in the 
     case of a female participant or beneficiary who seeks 
     coverage for obstetrical or gynecological care provided by a 
     participating health care professional who specializes in 
     obstetrics or gynecology. Such professional shall agree to 
     otherwise adhere to such plan's or issuer's policies and 
     procedures, including procedures regarding referrals and 
     obtaining prior authorization and providing services pursuant 
     to a treatment plan (if any) approved by the plan or issuer.
       ``(B) Obstetrical and gynecological care.--A group health 
     plan or health insurance issuer described in paragraph (2) 
     shall treat the provision of obstetrical and gynecological 
     care, and the ordering of related obstetrical and 
     gynecological items and services, pursuant to the direct 
     access described under subparagraph (A), by a participating 
     health care professional who specializes in obstetrics or 
     gynecology as the authorization of the primary care provider.
       ``(2) Application of paragraph.--A group health plan, or 
     health insurance issuer offering group health insurance 
     coverage, described in this paragraph is a group health plan 
     or coverage that--
       ``(A) provides coverage for obstetric or gynecologic care; 
     and
       ``(B) requires the designation by a participant or 
     beneficiary of a participating primary care provider.
       ``(3) Construction.--Nothing in paragraph (1) shall be 
     construed to--
       ``(A) waive any exclusions of coverage under the terms and 
     conditions of the plan or health insurance coverage with 
     respect to coverage of obstetrical or gynecological care; or
       ``(B) preclude the group health plan or health insurance 
     issuer involved from requiring that the obstetrical or 
     gynecological provider notify the primary care health care 
     professional or the plan or issuer of treatment decisions.''.
       (3) Clerical amendment.--The table of contents of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     inserting after the item relating to section 714 the 
     following:

``Sec. 715. Additional market reforms.
``Sec. 716. Preventing surprise medical bills.
``Sec. 722. Other patient protections.''.
       (c) IRC Amendments.--
       (1) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following:

     ``SEC. 9816. PREVENTING SURPRISE MEDICAL BILLS.

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

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

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

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

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

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

       ``(iii) Reports.--Beginning for 2022, the Secretary shall 
     annually submit to Congress a report on the number of plans 
     and issuers with respect to which audits were conducted 
     during such year pursuant to this subparagraph.
       ``(B) Rulemaking.--Not later than July 1, 2021, the 
     Secretary, in consultation with the Secretary of Labor and 
     the Secretary of Health and Human Services, shall establish 
     through rulemaking--
       ``(i) the methodology the group health plan shall use to 
     determine the qualifying payment amount, differentiating by 
     large group market and small group market;
       ``(ii) the information such plan or issuer, respectively, 
     shall share with the nonparticipating provider or 
     nonparticipating facility, as applicable, when making such a 
     determination;
       ``(iii) the geographic regions applied for purposes of this 
     subparagraph, taking into account

[[Page H7745]]

     access to items and services in rural and underserved areas, 
     including health professional shortage areas, as defined in 
     section 332 of the Public Health Service Act; and
       ``(iv) a process to receive complaints of violations of the 
     requirements described in subclauses (I) and (II) of 
     subparagraph (A)(i) by group health plans.
     Such rulemaking shall take into account payments that are 
     made by such plan that are not on a fee-for-service basis. 
     Such methodology may account for relevant payment adjustments 
     that take into account quality or facility type (including 
     higher acuity settings and the case-mix of various facility 
     types) that are otherwise taken into account for purposes of 
     determining payment amounts with respect to participating 
     facilities. In carrying out clause (iii), the Secretary shall 
     consult with the National Association of Insurance 
     Commissioners to establish the geographic regions under such 
     clause and shall periodically update such regions, as 
     appropriate, taking into account the findings of the report 
     submitted under section 109(a) of the No Surprises Act.
       ``(3) Definitions.--In this subchapter:
       ``(A) Emergency department of a hospital.--The term 
     `emergency department of a hospital' includes a hospital 
     outpatient department that provides emergency services (as 
     defined in subparagraph (C)(i)).
       ``(B) Emergency medical condition.--The term `emergency 
     medical condition' means a medical condition manifesting 
     itself by acute symptoms of sufficient severity (including 
     severe pain) such that a prudent layperson, who possesses an 
     average knowledge of health and medicine, could reasonably 
     expect the absence of immediate medical attention to result 
     in a condition described in clause (i), (ii), or (iii) of 
     section 1867(e)(1)(A) of the Social Security Act.
       ``(C) Emergency services.--
       ``(i) In general.--The term `emergency services', with 
     respect to an emergency medical condition, means--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page H7746]]

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

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

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

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

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

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

       ``(B) Visit.--The term `visit' shall, with respect to items 
     and services furnished to an individual at a health care 
     facility, include equipment and devices, telemedicine 
     services, imaging services, laboratory services, preoperative 
     and postoperative services, and such other items and services 
     as the Secretary may specify, regardless of whether or not 
     the provider furnishing such items or services is at the 
     facility.
       ``(c) Certain Access Fees to Certain Databases.--In the 
     case of a sponsor of a group health plan that, pursuant to 
     subsection (a)(3)(E)(iii), uses a database described in such 
     subsection to determine a rate to apply under such subsection 
     for an item or service by reason of having insufficient 
     information described in such subsection with respect to such 
     item or service, such sponsor shall cover the cost for access 
     to such database.''.
       (2) Transfer amendment.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986, as amended by paragraph (1), 
     is further amended by adding at the end the following:

[[Page H7747]]

  


     ``SEC. 9822. OTHER PATIENT PROTECTIONS.

       ``(a) Choice of Health Care Professional.--If a group 
     health plan requires or provides for designation by a 
     participant or beneficiary of a participating primary care 
     provider, then the plan shall permit each participant and 
     beneficiary to designate any participating primary care 
     provider who is available to accept such individual.
       ``(b) Access to Pediatric Care.--
       ``(1) Pediatric care.--In the case of a person who has a 
     child who is a participant or beneficiary under a group 
     health plan if the plan requires or provides for the 
     designation of a participating primary care provider for the 
     child, the plan shall permit such person to designate a 
     physician (allopathic or osteopathic) who specializes in 
     pediatrics as the child's primary care provider if such 
     provider participates in the network of the plan.
       ``(2) Construction.--Nothing in paragraph (1) shall be 
     construed to waive any exclusions of coverage under the terms 
     and conditions of the plan with respect to coverage of 
     pediatric care.
       ``(c) Patient Access to Obstetrical and Gynecological 
     Care.--
       ``(1) General rights.--
       ``(A) Direct access.--A group health plan described in 
     paragraph (2) may not require authorization or referral by 
     the plan, issuer, or any person (including a primary care 
     provider described in paragraph (2)(B)) in the case of a 
     female participant or beneficiary who seeks coverage for 
     obstetrical or gynecological care provided by a participating 
     health care professional who specializes in obstetrics or 
     gynecology. Such professional shall agree to otherwise adhere 
     to such plan's policies and procedures, including procedures 
     regarding referrals and obtaining prior authorization and 
     providing services pursuant to a treatment plan (if any) 
     approved by the plan.
       ``(B) Obstetrical and gynecological care.--A group health 
     plan described in paragraph (2) shall treat the provision of 
     obstetrical and gynecological care, and the ordering of 
     related obstetrical and gynecological items and services, 
     pursuant to the direct access described under subparagraph 
     (A), by a participating health care professional who 
     specializes in obstetrics or gynecology as the authorization 
     of the primary care provider.
       ``(2) Application of paragraph.--A group health plan 
     described in this paragraph is a group health plan that--
       ``(A) provides coverage for obstetric or gynecologic care; 
     and
       ``(B) requires the designation by a participant or 
     beneficiary of a participating primary care provider.
       ``(3) Construction.--Nothing in paragraph (1) shall be 
     construed to--
       ``(A) waive any exclusions of coverage under the terms and 
     conditions of the plan with respect to coverage of 
     obstetrical or gynecological care; or
       ``(B) preclude the group health plan involved from 
     requiring that the obstetrical or gynecological provider 
     notify the primary care health care professional or the plan 
     or issuer of treatment decisions.''.
       (3) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new item:

``Sec. 9815. Additional market reforms.
``Sec. 9816. Preventing surprise medical bills.
``Sec. 9822. Other patient protections.''.
       (4) Conforming amendments.--
       (A) In general.--Section 223(c) of the Internal Revenue 
     Code of 1986 is amended--
       (i) in paragraph (1), by adding at the end the following:
       ``(D) Special rule for individuals receiving benefits 
     subject to surprise billing statutes.--An individual shall 
     not fail to be treated as an eligible individual for any 
     period merely because the individual receives benefits for 
     medical care subject to and in accordance with section 9816 
     or 9817, section 2799A-1 or 2799A-2 of the Public Health 
     Service Act, or section 716 or 717 of the Employee Retirement 
     Income Security Act of 1974, or any State law providing 
     similar protections to such individual.''; and
       (ii) in paragraph (2), by adding at the end the following:
       ``(F) Special rule for surprise billing.--A plan shall not 
     fail to be treated as a high deductible health plan by reason 
     of providing benefits for medical care in accordance with 
     section 9816 or 9817, section 2799A-1 or 2799A-2 of the 
     Public Health Service Act, or section 716 or 717 of the 
     Employee Retirement Income Security Act of 1974, or any State 
     law providing similar protections to individuals, prior to 
     the satisfaction of the deductible under paragraph 
     (2)(A)(i).''.
       (B) Effective date.--The amendments made by subparagraph 
     (A) shall apply for plan years beginning on or after January 
     1, 2022.
       (d) Additional Application Provisions.--
       (1) Application to fehb.--Section 8902 of title 5, United 
     States Code, is amended by adding at the end the following 
     new subsection:
       ``(p) Each contract under this chapter shall require the 
     carrier to comply with requirements described in the 
     provisions of sections 2799A-1, 2799A-2, and 2799A-7 of the 
     Public Health Service Act, sections 716, 717, and 722 of the 
     Employee Retirement Income Security Act of 1974, and sections 
     9816, 9817, and 9822 of the Internal Revenue Code of 1986 (as 
     applicable) in the same manner as such provisions apply to a 
     group health plan or health insurance issuer offering group 
     or individual health insurance coverage, as described in such 
     sections. The provisions of sections 2799B-1, 2799B-2, 2799B-
     3, and 2799B-5 of the Public Health Service Act shall apply 
     to a health care provider and facility and an air ambulance 
     provider described in such respective sections with respect 
     to an enrollee in a health benefits plan under this chapter 
     in the same manner as such provisions apply to such a 
     provider and facility with respect to an enrollee in a group 
     health plan or group or individual health insurance coverage 
     offered by a health insurance issuer, as described in such 
     sections.''.
       (2) Application to grandfathered plans.--Section 1251(a) of 
     the Patient Protection and Affordable Care Act (42 U.S.C. 
     18011(a)) is amended by adding at the end the following:
       ``(5) Application of additional provisions.--Sections 
     2799A-1, 2799A-2, and 2799A-7 of the Public Health Service 
     Act shall apply to grandfathered health plans for plan years 
     beginning on or after January 1, 2022.''.
       (3) Rule of construction.--Nothing in this title, including 
     the amendments made by this title may be construed as 
     modifying, reducing, or eliminating--
       (A) the protections under section 222 of the Indian Health 
     Care Improvement Act (25 U.S.C. 1621u) and under subpart I of 
     part 136 of title 42, Code of Federal Regulations (or any 
     successor regulation), against payment liability for a 
     patient who receives contract health services that are 
     authorized by the Indian Health Service; or
       (B) the requirements under section 1866(a)(1)(U) of the 
     Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).
       (e) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years (or, in the case of 
     the amendment made by subsection (d)(1), with respect to 
     contracts entered into or renewed for contract years) 
     beginning on or after January 1, 2022.

     SEC. 103. DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID BY 
                   HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION 
                   PROCESS.

       (a) PHSA.--Section 2799A-1, as added by section 102, is 
     amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Determination of Out-of-network Rates to Be Paid by 
     Health Plans; Independent Dispute Resolution Process.--
       ``(1) Determination through open negotiation.--
       ``(A) In general.--With respect to an item or service 
     furnished in a year by a nonparticipating provider or a 
     nonparticipating facility, with respect to a group health 
     plan or health insurance issuer offering group or individual 
     health insurance coverage, in a State described in subsection 
     (a)(3)(K)(ii) with respect to such plan or coverage and 
     provider or facility, and for which a payment is required to 
     be made by the plan or coverage pursuant to subsection (a)(1) 
     or (b)(1), the provider or facility (as applicable) or plan 
     or coverage may, during the 30-day period beginning on the 
     day the provider or facility receives an initial payment or a 
     notice of denial of payment from the plan or coverage 
     regarding a claim for payment for such item or service, 
     initiate open negotiations under this paragraph between such 
     provider or facility and plan or coverage for purposes of 
     determining, during the open negotiation period, an amount 
     agreed on by such provider or facility, respectively, and 
     such plan or coverage for payment (including any cost-
     sharing) for such item or service. For purposes of this 
     subsection, the open negotiation period, with respect to an 
     item or service, is the 30-day period beginning on the date 
     of initiation of the negotiations with respect to such item 
     or service.
       ``(B) Accessing independent dispute resolution process in 
     case of failed negotiations.--In the case of open 
     negotiations pursuant to subparagraph (A), with respect to an 
     item or service, that do not result in a determination of an 
     amount of payment for such item or service by the last day of 
     the open negotiation period described in such subparagraph 
     with respect to such item or service, the provider or 
     facility (as applicable) or group health plan or health 
     insurance issuer offering group or individual health 
     insurance coverage that was party to such negotiations may, 
     during the 4-day period beginning on the day after such open 
     negotiation period, initiate the independent dispute 
     resolution process under paragraph (2) with respect to such 
     item or service. The independent dispute resolution process 
     shall be initiated by a party pursuant to the previous 
     sentence by submission to the other party and to the 
     Secretary of a notification (containing such information as 
     specified by the Secretary) and for purposes of this 
     subsection, the date of initiation of such process shall be 
     the date of such submission or such other date specified by 
     the Secretary pursuant to regulations that is not later than 
     the date of receipt of such notification by both the other 
     party and the Secretary.
       ``(2) Independent dispute resolution process available in 
     case of failed open negotiations.--
       ``(A) Establishment.--Not later than 1 year after the date 
     of the enactment of this subsection, the Secretary, jointly 
     with the Secretary of Labor and the Secretary of the 
     Treasury, shall establish by regulation one independent 
     dispute resolution process (referred to in this subsection as 
     the `IDR process') under which, in the case of an item or 
     service with respect to which a provider or facility (as 
     applicable) or group health plan or health insurance issuer 
     offering group or individual health insurance coverage 
     submits a notification under paragraph (1)(B) (in this 
     subsection referred to as a `qualified IDR item or service'), 
     a certified IDR entity under paragraph (4) determines, 
     subject to subparagraph (B) and in accordance with the 
     succeeding provisions of this subsection, the amount of 
     payment under the plan or coverage for such item or service 
     furnished by such provider or facility.

[[Page H7748]]

       ``(B) Authority to continue negotiations.--Under the 
     independent dispute resolution process, in the case that the 
     parties to a determination for a qualified IDR item or 
     service agree on a payment amount for such item or service 
     during such process but before the date on which the entity 
     selected with respect to such determination under paragraph 
     (4) makes such determination under paragraph (5), such amount 
     shall be treated for purposes of subsection (a)(3)(K)(ii) as 
     the amount agreed to by such parties for such item or 
     service. In the case of an agreement described in the 
     previous sentence, the independent dispute resolution process 
     shall provide for a method to determine how to allocate 
     between the parties to such determination the payment of the 
     compensation of the entity selected with respect to such 
     determination.
       ``(C) Clarification.--A nonparticipating provider may not, 
     with respect to an item or service furnished by such 
     provider, submit a notification under paragraph (1)(B) if 
     such provider is exempt from the requirement under subsection 
     (a) of section 2799B-2 with respect to such item or service 
     pursuant to subsection (b) of such section.
       ``(3) Treatment of batching of items and services.--
       ``(A) In general.--Under the IDR process, the Secretary 
     shall specify criteria under which multiple qualified IDR 
     dispute items and services are permitted to be considered 
     jointly as part of a single determination by an entity for 
     purposes of encouraging the efficiency (including minimizing 
     costs) of the IDR process. Such items and services may be so 
     considered only if--
       ``(i) such items and services to be included in such 
     determination are furnished by the same provider or facility;
       ``(ii) payment for such items and services is required to 
     be made by the same group health plan or health insurance 
     issuer;
       ``(iii) such items and services are related to the 
     treatment of a similar condition; and
       ``(iv) such items and services were furnished during the 30 
     day period following the date on which the first item or 
     service included with respect to such determination was 
     furnished or an alternative period as determined by the 
     Secretary, for use in limited situations, such as by the 
     consent of the parties or in the case of low-volume items and 
     services, to encourage procedural efficiency and minimize 
     health plan and provider administrative costs.
       ``(B) Treatment of bundled payments.--In carrying out 
     subparagraph (A), the Secretary shall provide that, in the 
     case of items and services which are included by a provider 
     or facility as part of a bundled payment, such items and 
     services included in such bundled payment may be part of a 
     single determination under this subsection.
       ``(4) Certification and selection of idr entities.--
       ``(A) In general.--The Secretary, in consultation with the 
     Secretary of Labor and Secretary of the Treasury, shall 
     establish a process to certify (including to recertify) 
     entities under this paragraph. Such process shall ensure that 
     an entity so certified--
       ``(i) has (directly or through contracts or other 
     arrangements) sufficient medical, legal, and other expertise 
     and sufficient staffing to make determinations described in 
     paragraph (5) on a timely basis;
       ``(ii) is not--

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

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

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

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

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

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

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

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

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

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

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

       ``(D) Prohibition on consideration of certain factors.--In 
     determining which offer is the payment to be applied with 
     respect to qualified IDR items and services furnished by a 
     provider or facility, the certified IDR entity with respect 
     to a determination shall not consider usual and customary 
     charges, the amount that

[[Page H7749]]

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

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

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

[[Page H7750]]

     or service, that do not result in a determination of an 
     amount of payment for such item or service by the last day of 
     the open negotiation period described in such subparagraph 
     with respect to such item or service, the provider or 
     facility (as applicable) or group health plan or health 
     insurance issuer offering group health insurance coverage 
     that was party to such negotiations may, during the 4-day 
     period beginning on the day after such open negotiation 
     period, initiate the independent dispute resolution process 
     under paragraph (2) with respect to such item or service. The 
     independent dispute resolution process shall be initiated by 
     a party pursuant to the previous sentence by submission to 
     the other party and to the Secretary of a notification 
     (containing such information as specified by the Secretary) 
     and for purposes of this subsection, the date of initiation 
     of such process shall be the date of such submission or such 
     other date specified by the Secretary pursuant to regulations 
     that is not later than the date of receipt of such 
     notification by both the other party and the Secretary.
       ``(2) Independent dispute resolution process available in 
     case of failed open negotiations.--
       ``(A) Establishment.--Not later than 1 year after the date 
     of the enactment of this subsection, the Secretary, jointly 
     with the Secretary of Health and Human Services and the 
     Secretary of the Treasury, shall establish by regulation one 
     independent dispute resolution process (referred to in this 
     subsection as the `IDR process') under which, in the case of 
     an item or service with respect to which a provider or 
     facility (as applicable) or group health plan or health 
     insurance issuer offering group health insurance coverage 
     submits a notification under paragraph (1)(B) (in this 
     subsection referred to as a `qualified IDR item or service'), 
     a certified IDR entity under paragraph (4) determines, 
     subject to subparagraph (B) and in accordance with the 
     succeeding provisions of this subsection, the amount of 
     payment under the plan or coverage for such item or service 
     furnished by such provider or facility.
       ``(B) Authority to continue negotiations.--Under the 
     independent dispute resolution process, in the case that the 
     parties to a determination for a qualified IDR item or 
     service agree on a payment amount for such item or service 
     during such process but before the date on which the entity 
     selected with respect to such determination under paragraph 
     (4) makes such determination under paragraph (5), such amount 
     shall be treated for purposes of subsection (a)(3)(K)(ii) as 
     the amount agreed to by such parties for such item or 
     service. In the case of an agreement described in the 
     previous sentence, the independent dispute resolution process 
     shall provide for a method to determine how to allocate 
     between the parties to such determination the payment of the 
     compensation of the entity selected with respect to such 
     determination.
       ``(C) Clarification.--A nonparticipating provider may not, 
     with respect to an item or service furnished by such 
     provider, submit a notification under paragraph (1)(B) if 
     such provider is exempt from the requirement under subsection 
     (a) of section 2799B-2 of the Public Health Service Act with 
     respect to such item or service pursuant to subsection (b) of 
     such section.
       ``(3) Treatment of batching of items and services.--
       ``(A) In general.--Under the IDR process, the Secretary 
     shall specify criteria under which multiple qualified IDR 
     dispute items and services are permitted to be considered 
     jointly as part of a single determination by an entity for 
     purposes of encouraging the efficiency (including minimizing 
     costs) of the IDR process. Such items and services may be so 
     considered only if--
       ``(i) such items and services to be included in such 
     determination are furnished by the same provider or facility;
       ``(ii) payment for such items and services is required to 
     be made by the same group health plan or health insurance 
     issuer;
       ``(iii) such items and services are related to the 
     treatment of a similar condition; and
       ``(iv) such items and services were furnished during the 30 
     day period following the date on which the first item or 
     service included with respect to such determination was 
     furnished or an alternative period as determined by the 
     Secretary, for use in limited situations, such as by the 
     consent of the parties or in the case of low-volume items and 
     services, to encourage procedural efficiency and minimize 
     health plan and provider administrative costs.
       ``(B) Treatment of bundled payments.--In carrying out 
     subparagraph (A), the Secretary shall provide that, in the 
     case of items and services which are included by a provider 
     or facility as part of a bundled payment, such items and 
     services included in such bundled payment may be part of a 
     single determination under this subsection.
       ``(4) Certification and selection of idr entities.--
       ``(A) In general.--The Secretary, jointly with the 
     Secretary of Health and Human Services and Secretary of the 
     Treasury, shall establish a process to certify (including to 
     recertify) entities under this paragraph. Such process shall 
     ensure that an entity so certified--
       ``(i) has (directly or through contracts or other 
     arrangements) sufficient medical, legal, and other expertise 
     and sufficient staffing to make determinations described in 
     paragraph (5) on a timely basis;
       ``(ii) is not--

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

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

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

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

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

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

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

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

       ``(I) the qualifying payment amounts (as defined in 
     subsection (a)(3)(E)) for the applicable year for items or 
     services that are comparable to the qualified IDR item or 
     service and that are furnished in the same geographic region 
     (as defined by the Secretary for purposes of such subsection) 
     as such qualified IDR item or service; and

[[Page H7751]]

       ``(II) subject to subparagraph (D), information on any 
     circumstance described in clause (ii), such information as 
     requested in subparagraph (B)(i)(II), and any additional 
     information provided in subparagraph (B)(ii).

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

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

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

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

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

[[Page H7752]]

       (c) IRC.--Section 9816 of the Internal Revenue Code of 
     1986, as added by section 102, is amended--
       (1) by redesignating subsection (c) as subsection (d); and
       (2) by inserting after subsection (b) the following new 
     subsection:
       ``(c) Determination of Out-of-network Rates to Be Paid by 
     Health Plans; Independent Dispute Resolution Process.--
       ``(1) Determination through open negotiation.--
       ``(A) In general.--With respect to an item or service 
     furnished in a year by a nonparticipating provider or a 
     nonparticipating facility, with respect to a group health 
     plan, in a State described in subsection (a)(3)(K)(ii) with 
     respect to such plan and provider or facility, and for which 
     a payment is required to be made by the plan pursuant to 
     subsection (a)(1) or (b)(1), the provider or facility (as 
     applicable) or plan may, during the 30-day period beginning 
     on the day the provider or facility receives an initial 
     payment or a notice of denial of payment from the plan 
     regarding a claim for payment for such item or service, 
     initiate open negotiations under this paragraph between such 
     provider or facility and plan for purposes of determining, 
     during the open negotiation period, an amount agreed on by 
     such provider or facility, respectively, and such plan for 
     payment (including any cost-sharing) for such item or 
     service. For purposes of this subsection, the open 
     negotiation period, with respect to an item or service, is 
     the 30-day period beginning on the date of initiation of the 
     negotiations with respect to such item or service.
       ``(B) Accessing independent dispute resolution process in 
     case of failed negotiations.--In the case of open 
     negotiations pursuant to subparagraph (A), with respect to an 
     item or service, that do not result in a determination of an 
     amount of payment for such item or service by the last day of 
     the open negotiation period described in such subparagraph 
     with respect to such item or service, the provider or 
     facility (as applicable) or group health plan that was party 
     to such negotiations may, during the 4-day period beginning 
     on the day after such open negotiation period, initiate the 
     independent dispute resolution process under paragraph (2) 
     with respect to such item or service. The independent dispute 
     resolution process shall be initiated by a party pursuant to 
     the previous sentence by submission to the other party and to 
     the Secretary of a notification (containing such information 
     as specified by the Secretary) and for purposes of this 
     subsection, the date of initiation of such process shall be 
     the date of such submission or such other date specified by 
     the Secretary pursuant to regulations that is not later than 
     the date of receipt of such notification by both the other 
     party and the Secretary.
       ``(2) Independent dispute resolution process available in 
     case of failed open negotiations.--
       ``(A) Establishment.--Not later than 1 year after the date 
     of the enactment of this subsection, the Secretary, jointly 
     with the Secretary of Health and Human Services and the 
     Secretary of Labor, shall establish by regulation one 
     independent dispute resolution process (referred to in this 
     subsection as the `IDR process') under which, in the case of 
     an item or service with respect to which a provider or 
     facility (as applicable) or group health plan submits a 
     notification under paragraph (1)(B) (in this subsection 
     referred to as a `qualified IDR item or service'), a 
     certified IDR entity under paragraph (4) determines, subject 
     to subparagraph (B) and in accordance with the succeeding 
     provisions of this subsection, the amount of payment under 
     the plan for such item or service furnished by such provider 
     or facility.
       ``(B) Authority to continue negotiations.--Under the 
     independent dispute resolution process, in the case that the 
     parties to a determination for a qualified IDR item or 
     service agree on a payment amount for such item or service 
     during such process but before the date on which the entity 
     selected with respect to such determination under paragraph 
     (4) makes such determination under paragraph (5), such amount 
     shall be treated for purposes of subsection (a)(3)(K)(ii) as 
     the amount agreed to by such parties for such item or 
     service. In the case of an agreement described in the 
     previous sentence, the independent dispute resolution process 
     shall provide for a method to determine how to allocate 
     between the parties to such determination the payment of the 
     compensation of the entity selected with respect to such 
     determination.
       ``(C) Clarification.--A nonparticipating provider may not, 
     with respect to an item or service furnished by such 
     provider, submit a notification under paragraph (1)(B) if 
     such provider is exempt from the requirement under subsection 
     (a) of section 2799B-2 of the Public Health Service Act with 
     respect to such item or service pursuant to subsection (b) of 
     such section.
       ``(3) Treatment of batching of items and services.--
       ``(A) In general.--Under the IDR process, the Secretary 
     shall specify criteria under which multiple qualified IDR 
     dispute items and services are permitted to be considered 
     jointly as part of a single determination by an entity for 
     purposes of encouraging the efficiency (including minimizing 
     costs) of the IDR process. Such items and services may be so 
     considered only if--
       ``(i) such items and services to be included in such 
     determination are furnished by the same provider or facility;
       ``(ii) payment for such items and services is required to 
     be made by the same group health plan or health insurance 
     issuer;
       ``(iii) such items and services are related to the 
     treatment of a similar condition; and
       ``(iv) such items and services were furnished during the 30 
     day period following the date on which the first item or 
     service included with respect to such determination was 
     furnished or an alternative period as determined by the 
     Secretary, for use in limited situations, such as by the 
     consent of the parties or in the case of low-volume items and 
     services, to encourage procedural efficiency and minimize 
     health plan and provider administrative costs.
       ``(B) Treatment of bundled payments.--In carrying out 
     subparagraph (A), the Secretary shall provide that, in the 
     case of items and services which are included by a provider 
     or facility as part of a bundled payment, such items and 
     services included in such bundled payment may be part of a 
     single determination under this subsection.
       ``(4) Certification and selection of idr entities.--
       ``(A) In general.--The Secretary, jointly with the 
     Secretary of Health and Human Services and the Secretary of 
     Labor, shall establish a process to certify (including to 
     recertify) entities under this paragraph. Such process shall 
     ensure that an entity so certified--
       ``(i) has (directly or through contracts or other 
     arrangements) sufficient medical, legal, and other expertise 
     and sufficient staffing to make determinations described in 
     paragraph (5) on a timely basis;
       ``(ii) is not--

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

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

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

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

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

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

[[Page H7753]]

     qualified IDR item or service, the provider or facility and 
     the group health plan party to such determination--
       ``(i) shall each submit to the certified IDR entity with 
     respect to such determination--

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

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

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

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

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

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

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

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

[[Page H7754]]

     such determination in an amount described in subparagraph (B) 
     for such year.
       ``(B) Amount of fee.--The amount described in this 
     subparagraph for a year is an amount established by the 
     Secretary in a manner such that the total amount of fees paid 
     under this paragraph for such year is estimated to be equal 
     to the amount of expenditures estimated to be made by the 
     Secretary for such year in carrying out the IDR process.
       ``(9) Waiver authority.--The Secretary may modify any 
     deadline or other timing requirement specified under this 
     subsection (other than the establishment date for the IDR 
     process under paragraph (2)(A) and other than under paragraph 
     (6)) in cases of extenuating circumstances, as specified by 
     the Secretary, or to ensure that all claims that occur during 
     a 90-day period described in paragraph (5)(E)(ii), but with 
     respect to which a notification is not permitted by reason of 
     such paragraph to be submitted under paragraph (1)(B) during 
     such period, are eligible for the IDR process.''.

     SEC. 104. HEALTH CARE PROVIDER REQUIREMENTS REGARDING 
                   SURPRISE MEDICAL BILLING.

       (a) In General.--Title XXVII of the Public Health Service 
     Act (42 U.S.C. 300gg et seq.) is amended by inserting after 
     part D, as added by section 102, the following:

              ``PART E--HEALTH CARE PROVIDER REQUIREMENTS

     ``SEC. 2799B-1. BALANCE BILLING IN CASES OF EMERGENCY 
                   SERVICES.

       ``(a) In General.--In the case of a participant, 
     beneficiary, or enrollee with benefits under a group health 
     plan or group or individual health insurance coverage offered 
     by a health insurance issuer and who is furnished during a 
     plan year beginning on or after January 1, 2022, emergency 
     services (for which benefits are provided under the plan or 
     coverage) with respect to an emergency medical condition with 
     respect to a visit at an emergency department of a hospital 
     or an independent freestanding emergency department--
       ``(1) in the case that the hospital or independent 
     freestanding emergency department is a nonparticipating 
     emergency facility, the emergency department of a hospital or 
     independent freestanding emergency department shall not bill, 
     and shall not hold liable, the participant, beneficiary, or 
     enrollee for a payment amount for such emergency services so 
     furnished that is more than the cost-sharing requirement for 
     such services (as determined in accordance with clauses (ii) 
     and (iii) of section 2799A-1(a)(1)(C), of section 
     9816(a)(1)(C) of the Internal Revenue Code of 1986, and of 
     section 716(a)(1)(C) of the Employee Retirement Income 
     Security Act of 1974, as applicable); and
       ``(2) in the case that such services are furnished by a 
     nonparticipating provider, the health care provider shall not 
     bill, and shall not hold liable, such participant, 
     beneficiary, or enrollee for a payment amount for an 
     emergency service furnished to such individual by such 
     provider with respect to such emergency medical condition and 
     visit for which the individual receives emergency services at 
     the hospital or emergency department that is more than the 
     cost-sharing requirement for such services furnished by the 
     provider (as determined in accordance with clauses (ii) and 
     (iii) of section 2799A-1(a)(1)(C), of section 9816(a)(1)(C) 
     of the Internal Revenue Code of 1986, and of section 
     716(a)(1)(C) of the Employee Retirement Income Security Act 
     of 1974, as applicable).
       ``(b) Definition.--In this section, the term `visit' shall 
     have such meaning as applied to such term for purposes of 
     section 2799A-1(b).

     ``SEC. 2799B-2. BALANCE BILLING IN CASES OF NON-EMERGENCY 
                   SERVICES PERFORMED BY NONPARTICIPATING 
                   PROVIDERS AT CERTAIN PARTICIPATING FACILITIES.

       ``(a) In General.--Subject to subsection (b), in the case 
     of a participant, beneficiary, or enrollee with benefits 
     under a group health plan or group or individual health 
     insurance coverage offered by a health insurance issuer and 
     who is furnished during a plan year beginning on or after 
     January 1, 2022, items or services (other than emergency 
     services to which section 2799B-1 applies) for which benefits 
     are provided under the plan or coverage at a participating 
     health care facility by a nonparticipating provider, such 
     provider shall not bill, and shall not hold liable, such 
     participant, beneficiary, or enrollee for a payment amount 
     for such an item or service furnished by such provider with 
     respect to a visit at such facility that is more than the 
     cost-sharing requirement for such item or service (as 
     determined in accordance with subparagraphs (A) and (B) of 
     section 2799A-1(b)(1) of section 9816(b)(1) of the Internal 
     Revenue Code of 1986, and of section 716(b)(1) of the 
     Employee Retirement Income Security Act of 1974, as 
     applicable).
       ``(b) Exception.--
       ``(1) In general.--Subsection (a) shall not apply with 
     respect to items or services (other than ancillary services 
     described in paragraph (2)) furnished by a nonparticipating 
     provider to a participant, beneficiary, or enrollee of a 
     group health plan or group or individual health insurance 
     coverage offered by a health insurance issuer, if the 
     provider satisfies the notice and consent criteria of 
     subsection (d).
       ``(2) Ancillary services described.--For purposes of 
     paragraph (1), ancillary services described in this paragraph 
     are, with respect to a participating health care facility--
       ``(A) subject to paragraph (3), items and services related 
     to emergency medicine, anesthesiology, pathology, radiology, 
     and neonatology, whether or not provided by a physician or 
     non-physician practitioner, and items and services provided 
     by assistant surgeons, hospitalists, and intensivists;
       ``(B) subject to paragraph (3), diagnostic services 
     (including radiology and laboratory services);
       ``(C) items and services provided by such other specialty 
     practitioners, as the Secretary specifies through rulemaking; 
     and
       ``(D) items and services provided by a nonparticipating 
     provider if there is no participating provider who can 
     furnish such item or service at such facility.
       ``(3) Exception.--The Secretary may, through rulemaking, 
     establish a list (and update such list periodically) of 
     advanced diagnostic laboratory tests, which shall not be 
     included as an ancillary service described in paragraph (2) 
     and with respect to which subsection (a) would apply.
       ``(c) Clarification.--In the case of a nonparticipating 
     provider that satisfies the notice and consent criteria of 
     subsection (d) with respect to an item or service (referred 
     to in this subsection as a `covered item or service'), such 
     notice and consent criteria may not be construed as applying 
     with respect to any item or service that is furnished as a 
     result of unforeseen, urgent medical needs that arise at the 
     time such covered item or service is furnished. For purposes 
     of the previous sentence, a covered item or service shall not 
     include an ancillary service described in subsection (b)(2).
       ``(d) Notice and Consent to Be Treated by a 
     Nonparticipating Provider or Nonparticipating Facility.--
       ``(1) In general.--A nonparticipating provider or 
     nonparticipating facility satisfies the notice and consent 
     criteria of this subsection, with respect to items or 
     services furnished by the provider or facility to a 
     participant, beneficiary, or enrollee of a group health plan 
     or group or individual health insurance coverage offered by a 
     health insurance issuer, if the provider (or, if applicable, 
     the participating health care facility on behalf of such 
     provider) or nonparticipating facility--
       ``(A) in the case that the participant, beneficiary, or 
     enrollee makes an appointment to be furnished such items or 
     services at least 72 hours prior to the date on which the 
     individual is to be furnished such items or services, 
     provides to the participant, beneficiary, or enrollee (or to 
     an authorized representative of the participant, beneficiary, 
     or enrollee) not later than 72 hours prior to the date on 
     which the individual is furnished such items or services (or, 
     in the case that the participant, beneficiary, or enrollee 
     makes such an appointment within 72 hours of when such items 
     or services are to be furnished, provides to the participant, 
     beneficiary, or enrollee (or to an authorized representative 
     of the participant, beneficiary, or enrollee) on such date 
     the appointment is made), a written notice in paper or 
     electronic form, as selected by the participant, beneficiary, 
     or enrollee, (and including electronic notification, as 
     practicable) specified by the Secretary, not later than July 
     1, 2021, through guidance (which shall be updated as 
     determined necessary by the Secretary) that--
       ``(i) contains the information required under paragraph 
     (2);
       ``(ii) clearly states that consent to receive such items 
     and services from such nonparticipating provider or 
     nonparticipating facility is optional and that the 
     participant, beneficiary, or enrollee may instead seek care 
     from a participating provider or at a participating facility, 
     with respect to such plan or coverage, as applicable, in 
     which case the cost-sharing responsibility of the 
     participant, beneficiary, or enrollee would not exceed such 
     responsibility that would apply with respect to such an item 
     or service that is furnished by a participating provider or 
     participating facility, as applicable with respect to such 
     plan; and
       ``(iii) is available in the 15 most common languages in the 
     geographic region of the applicable facility;
       ``(B) obtains from the participant, beneficiary, or 
     enrollee (or from such an authorized representative) the 
     consent described in paragraph (3) to be treated by a 
     nonparticipating provider or nonparticipating facility; and
       ``(C) provides a signed copy of such consent to the 
     participant, beneficiary, or enrollee through mail or email 
     (as selected by the participant, beneficiary, or enrollee).
       ``(2) Information required under written notice.--For 
     purposes of paragraph (1)(A)(i), the information described in 
     this paragraph, with respect to a nonparticipating provider 
     or nonparticipating facility and a participant, beneficiary, 
     or enrollee of a group health plan or group or individual 
     health insurance coverage offered by a health insurance 
     issuer, is each of the following:
       ``(A) Notification, as applicable, that the health care 
     provider is a nonparticipating provider with respect to the 
     health plan or the health care facility is a nonparticipating 
     facility with respect to the health plan.
       ``(B) Notification of the good faith estimated amount that 
     such provider or facility may charge the participant, 
     beneficiary, or enrollee for such items and services 
     involved, including a notification that the provision of such 
     estimate or consent to be treated under paragraph (3) does 
     not constitute a contract with respect to the charges 
     estimated for such items and services.
       ``(C) In the case of a participating facility and a 
     nonparticipating provider, a list of any participating 
     providers at the facility who are able to furnish such items 
     and services involved and notification that the participant, 
     beneficiary, or enrollee may be referred, at their option, to 
     such a participating provider.
       ``(D) Information about whether prior authorization or 
     other care management limitations may be required in advance 
     of receiving such items or services at the facility.
       ``(3) Consent described to be treated by a nonparticipating 
     provider or nonparticipating facility.--For purposes of 
     paragraph (1)(B), the consent described in this paragraph,

[[Page H7755]]

     with respect to a participant, beneficiary, or enrollee of a 
     group health plan or group or individual health insurance 
     coverage offered by a health insurance issuer who is to be 
     furnished items or services by a nonparticipating provider or 
     nonparticipating facility, is a document specified by the 
     Secretary, in consultation with the Secretary of Labor, 
     through guidance that shall be signed by the participant, 
     beneficiary, or enrollee before such items or services are 
     furnished and that --
       ``(A) acknowledges (in clear and understandable language) 
     that the participant, beneficiary, or enrollee has been--
       ``(i) provided with the written notice under paragraph 
     (1)(A);
       ``(ii) informed that the payment of such charge by the 
     participant, beneficiary, or enrollee may not accrue toward 
     meeting any limitation that the plan or coverage places on 
     cost-sharing, including an explanation that such payment may 
     not apply to an in-network deductible applied under the plan 
     or coverage; and
       ``(iii) provided the opportunity to receive the written 
     notice under paragraph (1)(A) in the form selected by the 
     participant, beneficiary or enrollee; and
       ``(B) documents the date on which the participant, 
     beneficiary, or enrollee received the written notice under 
     paragraph (1)(A) and the date on which the individual signed 
     such consent to be furnished such items or services by such 
     provider or facility.
       ``(4) Rule of construction.--The consent described in 
     paragraph (3), with respect to a participant, beneficiary, or 
     enrollee of a group health plan or group or individual health 
     insurance coverage offered by a health insurance issuer, 
     shall constitute only consent to the receipt of the 
     information provided pursuant to this subsection and shall 
     not constitute a contractual agreement of the participant, 
     beneficiary, or enrollee to any estimated charge or amount 
     included in such information.
       ``(e) Retention of Certain Documents.--A nonparticipating 
     facility (with respect to such facility or any 
     nonparticipating provider at such facility) or a 
     participating facility (with respect to nonparticipating 
     providers at such facility) that obtains from a participant, 
     beneficiary, or enrollee of a group health plan or group or 
     individual health insurance coverage offered by a health 
     insurance issuer (or an authorized representative of such 
     participant, beneficiary, or enrollee) a written notice in 
     accordance with subsection (d)(1)(B), with respect to 
     furnishing an item or service to such participant, 
     beneficiary, or enrollee, shall retain such notice for at 
     least a 7-year period after the date on which such item or 
     service is so furnished.
       ``(f) Definitions.--In this section:
       ``(1) The terms `nonparticipating provider' and 
     `participating provider' have the meanings given such terms, 
     respectively, in subsection (a)(3) of section 2799A-1.
       ``(2) The term `participating health care facility' has the 
     meaning given such term in subsection (b)(2) of section 
     2799A-1.
       ``(3) The term `nonparticipating facility' means--
       ``(A) with respect to emergency services (as defined in 
     section 2799A-1(a)(3)(C)(i)) and a group health plan or group 
     or individual health insurance coverage offered by a health 
     insurance issuer, an emergency department of a hospital, or 
     an independent freestanding emergency department, that does 
     not have a contractual relationship with the plan or issuer, 
     respectively, with respect to the furnishing of such services 
     under the plan or coverage, respectively; and
       ``(B) with respect to services described in section 2799A-
     1(a)(3)(C)(ii) and a group health plan or group or individual 
     health insurance coverage offered by a health insurance 
     issuer, a hospital or an independent freestanding emergency 
     department, that does not have a contractual relationship 
     with the plan or issuer, respectively, with respect to the 
     furnishing of such services under the plan or coverage, 
     respectively.
       ``(4) The term `participating facility' means--
       ``(A) with respect to emergency services (as defined in 
     clause (i) of section 2799A-1(a)(3)(C)) that are not 
     described in clause(ii) of such section and a group health 
     plan or group or individual health insurance coverage offered 
     by a health insurance issuer, an emergency department of a 
     hospital, or an independent freestanding emergency 
     department, that has a direct or indirect contractual 
     relationship with the plan or issuer, respectively, with 
     respect to the furnishing of such services under the plan or 
     coverage, respectively; and
       ``(B) with respect to services that pursuant to clause (ii) 
     of section 2799A-1(a)(3)(C), of section 9816(a)(3) of the 
     Internal Revenue Code of 1986, and of section 716(a)(3) of 
     the Employee Retirement Income Security Act of 1974, as 
     applicable are included as emergency services (as defined in 
     clause (i) of such section and a group health plan or group 
     or individual health insurance coverage offered by a health 
     insurance issuer, a hospital or an independent freestanding 
     emergency department, that has a contractual relationship 
     with the plan or coverage, respectively, with respect to the 
     furnishing of such services under the plan or coverage, 
     respectively.

     ``SEC. 2799B-3. PROVIDER REQUIREMENTS WITH RESPECT TO 
                   DISCLOSURE ON PATIENT PROTECTIONS AGAINST 
                   BALANCE BILLING.

       ``Beginning not later than January 1, 2022, each health 
     care provider and health care facility shall make publicly 
     available, and (if applicable) post on a public website of 
     such provider or facility and provide to individuals who are 
     participants, beneficiaries, or enrollees of a group health 
     plan or group or individual health insurance coverage offered 
     by a health insurance issuer a one-page notice (either postal 
     or electronic mail, as specified by the participant, 
     beneficiary, or enrollee) in clear and understandable 
     language containing information on--
       ``(1) the requirements and prohibitions of such provider or 
     facility under sections 2799B-1 and 2799B-2 (relating to 
     prohibitions on balance billing in certain circumstances);
       ``(2) any other applicable State law requirements on such 
     provider or facility regarding the amounts such provider or 
     facility may, with respect to an item or service, charge a 
     participant, beneficiary, or enrollee of a group health plan 
     or group or individual health insurance coverage offered by a 
     health insurance issuer with respect to which such provider 
     or facility does not have a contractual relationship for 
     furnishing such item or service under the plan or coverage, 
     respectively, after receiving payment from the plan or 
     coverage, respectively, for such item or service and any 
     applicable cost-sharing payment from such participant, 
     beneficiary, or enrollee; and
       ``(3) information on contacting appropriate State and 
     Federal agencies in the case that an individual believes that 
     such provider or facility has violated any requirement 
     described in paragraph (1) or (2) with respect to such 
     individual.

     ``SEC. 2799B-4. ENFORCEMENT.

       ``(a) State Enforcement.--
       ``(1) State authority.--Each State may require a provider 
     or health care facility (including a provider of air 
     ambulance services) subject to the requirements of this part 
     to satisfy such requirements applicable to the provider or 
     facility.
       ``(2) Failure to implement requirements.--In the case of a 
     determination by the Secretary that a State has failed to 
     substantially enforce the requirements to which paragraph (1) 
     applies with respect to applicable providers and facilities 
     in the State, the Secretary shall enforce such requirements 
     under subsection (b) insofar as they relate to violations of 
     such requirements occurring in such State.
       ``(3) Notification of applicable secretary.--A State may 
     notify the Secretary of Labor, Secretary of Health and Human 
     Services, or the Secretary of the Treasury, as applicable, of 
     instances of violations of sections 2799B-1, 2799B-2, or 
     2799B-5 with respect to participants, beneficiaries, or 
     enrollees under a group health plan or group or individual 
     health insurance coverage, as applicable offered by a health 
     insurance issuer and any enforcement actions taken against 
     providers or facilities as a result of such violations, 
     including the disposition of any such enforcement actions.
       ``(b) Secretarial Enforcement Authority.--
       ``(1) In general.--If a provider or facility is found by 
     the Secretary to be in violation of a requirement to which 
     subsection (a)(1) applies, the Secretary may apply a civil 
     monetary penalty with respect to such provider or facility 
     (including, as applicable, a provider of air ambulance 
     services) in an amount not to exceed $10,000 per violation. 
     The provisions of subsections (c) (with the exception of the 
     first sentence of paragraph (1) of such subsection), (d), 
     (e), (g), (h), (k), and (l) of section 1128A of the Social 
     Security Act shall apply to a civil monetary penalty or 
     assessment under this subsection in the same manner as such 
     provisions apply to a penalty, assessment, or proceeding 
     under subsection (a) of such section.
       ``(2) Limitation.--The provisions of paragraph (1) shall 
     apply to enforcement of a provision (or provisions) specified 
     in subsection (a)(1) only as provided under subsection 
     (a)(2).
       ``(3) Complaint process.--The Secretary shall, through 
     rulemaking, establish a process to receive consumer 
     complaints of violations of such provisions and provide a 
     response to such complaints within 60 days of receipt of such 
     complaints.
       ``(4) Exception.--The Secretary shall waive the penalties 
     described under paragraph (1) with respect to a facility or 
     provider (including a provider of air ambulance services) who 
     does not knowingly violate, and should not have reasonably 
     known it violated, section 2799B-1 or 2799B-2 (or, in the 
     case of a provider of air ambulance services, section 2799B-
     5) with respect to a participant, beneficiary, or enrollee, 
     if such facility or provider, within 30 days of the 
     violation, withdraws the bill that was in violation of such 
     provision and reimburses the health plan or enrollee, as 
     applicable, in an amount equal to the difference between the 
     amount billed and the amount allowed to be billed under the 
     provision, plus interest, at an interest rate determined by 
     the Secretary.
       ``(5) Hardship exemption.--The Secretary may establish a 
     hardship exemption to the penalties under this subsection.
       ``(c) Continued Applicability of State Law.--The sections 
     specified in subsection (a)(1) shall not be construed to 
     supersede any provision of State law which establishes, 
     implements, or continues in effect any requirement or 
     prohibition except to the extent that such requirement or 
     prohibition prevents the application of a requirement or 
     prohibition of such a section.''.
       (b) Secretary of Labor Enforcement.--
       (1) In general.--Part 5 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1131 et seq.) is amended by adding at the end the following 
     new section:

     ``SEC. 522. COORDINATION OF ENFORCEMENT REGARDING VIOLATIONS 
                   OF CERTAIN HEALTH CARE PROVIDER REQUIREMENTS; 
                   COMPLAINT PROCESS.

       ``(a) Investigating Violations.--Upon receiving a notice 
     from a State or the Secretary of Health and Human Services of 
     violations of sections 2799B-1, 2799B-2, or 2799B-5 of the 
     Public Health Service Act, the Secretary of Labor shall 
     identify patterns of such violations with respect to 
     participants or beneficiaries under a group health plan or 
     group health insurance coverage offered by a health insurance 
     issuer and conduct an investigation pursuant to section 504 
     where appropriate, as determined by the Secretary. The 
     Secretary shall coordinate with

[[Page H7756]]

     States and the Secretary of Health and Human Services, in 
     accordance with section 506 and with section 104 of Health 
     Insurance Portability and Accountability Act of 1996, where 
     appropriate, as determined by the Secretary, to ensure that 
     appropriate measures have been taken to correct such 
     violations retrospectively and prospectively with respect to 
     participants or beneficiaries under a group health plan or 
     group health insurance coverage offered by a health insurance 
     issuer.
       ``(b) Complaint Process.-- Not later than January 1, 2022, 
     the Secretary shall ensure a process under which the 
     Secretary--
       ``(1) may receive complaints from participants and 
     beneficiaries of group health plans or group health insurance 
     coverage offered by a health insurance issuer relating to 
     alleged violations of the sections specified in subsection 
     (a); and
       ``(2) transmits such complaints to States or the Secretary 
     of Health and Human Services (as determined appropriate by 
     the Secretary) for potential enforcement actions.''.
       (2) Technical amendment.--The table of contents in section 
     1 of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 et seq.) is amended by inserting after the item 
     relating to section 521 the following new item:

``Sec. 522. Coordination of enforcement regarding violations of certain 
              health care provider requirements; complaint process.''.

     SEC. 105. ENDING SURPRISE AIR AMBULANCE BILLS.

       (a) Group Health Plans and Individual and Group Health 
     Insurance Coverage.--
       (1) PHSA amendments.--Part D of title XXVII of the Public 
     Health Service Act, as added and amended by section 102 and 
     further amended by the previous provisions of this title, is 
     further amended by inserting after section 2799A-1 the 
     following:

     ``SEC. 2799A-2. ENDING SURPRISE AIR AMBULANCE BILLS.

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

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

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

[[Page H7757]]

     paragraph, the certified IDR entity, with respect to the 
     determination for a qualified IDR air ambulance service shall 
     consider--

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

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

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

       ``(iii) Prohibition on consideration of certain factors.--
     In determining which offer is the payment amount to be 
     applied with respect to qualified IDR air ambulance services 
     furnished by a provider, the certified IDR entity with 
     respect to such determination shall not consider usual and 
     customary charges, the amount that would have been billed by 
     such provider with respect to such services had the 
     provisions of section 2799B-5 not applied, or the payment or 
     reimbursement rate for such services furnished by such 
     provider payable by a public payor, including under the 
     Medicare program under title XVIII of the Social Security 
     Act, under the Medicaid program under title XIX of such Act, 
     under the Children's Health Insurance Program under title XXI 
     of such Act, under the TRICARE program under chapter 55 of 
     title 10, United States Code, or under chapter 17 of title 
     38, United States Code.
       ``(D) Effects of determination.--The provisions of section 
     2799A-1(c)(5)(E)) shall apply with respect to a determination 
     of a certified IDR entity under subparagraph (A), the 
     notification submitted with respect to such determination, 
     the services with respect to such notification, and the 
     parties to such notification in the same manner as such 
     provisions apply with respect to a determination of a 
     certified IDR entity under section 2799A-1(c)(5)(E), the 
     notification submitted with respect to such determination, 
     the items and services with respect to such notification, and 
     the parties to such notification.
       ``(E) Costs of independent dispute resolution process.--The 
     provisions of section 2799A-1(c)(5)(F) shall apply to a 
     notification made under this subsection, the parties to such 
     notification, and a determination under subparagraph (A) in 
     the same manner and to the same extent such provisions apply 
     to a notification under section 2799A-1(c), the parties to 
     such notification and a determination made under section 
     2799A-1(c)(5)(A).
       ``(6) Timing of payment.--The total plan or coverage 
     payment required pursuant to subsection (a)(3), with respect 
     to qualified IDR air ambulance services for which a 
     determination is made under paragraph (5)(A) or with respect 
     to an air ambulance service for which a payment amount is 
     determined under open negotiations under paragraph (1), shall 
     be made directly to the nonparticipating provider not later 
     than 30 days after the date on which such determination is 
     made.
       ``(7) Publication of information relating to the idr 
     process.--
       ``(A) In general.--For each calendar quarter in 2022 and 
     each calendar quarter in a subsequent year, the Secretary 
     shall publish on the public website of the Department of 
     Health and Human Services--
       ``(i) the number of notifications submitted under the IDR 
     process during such calendar quarter;
       ``(ii) the number of such notifications with respect to 
     which a final determination was made under paragraph (5)(A);
       ``(iii) the information described in subparagraph (B) with 
     respect to each notification with respect to which such a 
     determination was so made.
       ``(iv) the number of times the payment amount determined 
     (or agreed to) under this subsection exceeds the qualifying 
     payment amount;
       ``(v) the amount of expenditures made by the Secretary 
     during such calendar quarter to carry out the IDR process;
       ``(vi) the total amount of fees paid under paragraph (8) 
     during such calendar quarter; and
       ``(vii) the total amount of compensation paid to certified 
     IDR entities under paragraph (5)(E)during such calendar 
     quarter.
       ``(B) Information with respect to requests.--For purposes 
     of subparagraph (A), the information described in this 
     subparagraph is, with respect to a notification under the IDR 
     process of a nonparticipating provider, group health plan, or 
     health insurance issuer offering group or individual health 
     insurance coverage--
       ``(i) a description of each air ambulance service included 
     in such notification;
       ``(ii) the geography in which the services included in such 
     notification were provided;
       ``(iii) the amount of the offer submitted under paragraph 
     (2) by the group health plan or health insurance issuer (as 
     applicable) and by the nonparticipating provider expressed as 
     a percentage of the qualifying payment amount;
       ``(iv) whether the offer selected by the certified IDR 
     entity under paragraph (5) to be the payment applied was the 
     offer submitted by such plan or issuer (as applicable) or by 
     such provider and the amount of such offer so selected 
     expressed as a percentage of the qualifying payment amount;
       ``(v) ambulance vehicle type, including the clinical 
     capability level of such vehicle;
       ``(vi) the identity of the group health plan or health 
     insurance issuer or air ambulance provider with respect to 
     such notification;
       ``(vii) the length of time in making each determination;
       ``(viii) the compensation paid to the certified IDR entity 
     with respect to the settlement or determination; and
       ``(ix) any other information specified by the Secretary.
       ``(C) IDR entity requirements.--For 2022 and each 
     subsequent year, an IDR entity, as a condition of 
     certification as an IDR entity, shall submit to the Secretary 
     such information as the Secretary determines necessary for 
     the Secretary to carry out the provisions of this paragraph.
       ``(D) Clarification.--The Secretary shall ensure the public 
     reporting under this paragraph does not contain information 
     that would disclose privileged or confidential information of 
     a group health plan or health insurance issuer offering group 
     or individual health insurance coverage or of a provider or 
     facility.
       ``(8) Administrative fee.--
       ``(A) In general.--Each party to a determination under 
     paragraph (5) to which an entity is selected under paragraph 
     (4) in a year shall pay to the Secretary, at such time and in 
     such manner as specified by the Secretary, a fee for 
     participating in the IDR process with respect to such 
     determination in an amount described in subparagraph (B) for 
     such year.
       ``(B) Amount of fee.--The amount described in this 
     subparagraph for a year is an amount established by the 
     Secretary in a manner such that the total amount of fees paid 
     under this paragraph for such year is estimated to be equal 
     to the amount of expenditures estimated to be made by the 
     Secretary for such year in carrying out the IDR process.
       ``(9) Waiver authority.--The Secretary may modify any 
     deadline or other timing requirement specified under this 
     subsection (other than the establishment date for the IDR 
     process under paragraph (2)(A) and other than under paragraph 
     (6)) in cases of extenuating circumstances, as specified by 
     the Secretary, or to ensure that all claims that occur during 
     a 90-day period applied through paragraph (5)(D), but with 
     respect to which a notification is not permitted by reason of 
     such paragraph to be submitted under paragraph (1)(B) during 
     such period, are eligible for the IDR process.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Air ambulance service.--The term `air ambulance 
     service' means medical transport by helicopter or airplane 
     for patients.
       ``(2) Qualifying payment amount.--The term `qualifying 
     payment amount' has the meaning given such term in section 
     2799A-1(a)(3).
       ``(3) Nonparticipating provider.--The term 
     `nonparticipating provider' has the meaning given such term 
     in section 2799A-1(a)(3).''.
       (2) ERISA amendment.--
       (A) In general.--Subpart B of part 7 of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1185 et seq.), as amended by section 102(b) and further 
     amended by the previous provisions of this title, is further 
     amended by inserting after section 716 the following:

     ``SEC. 717. ENDING SURPRISE AIR AMBULANCE BILLS.

       ``(a) In General.--In the case of a participant or 
     beneficiary who is in a group health plan or group health 
     insurance coverage offered by a health insurance issuer and 
     who receives air ambulance services from a nonparticipating 
     provider (as defined in section 716(a)(3)(G)) with respect to 
     such plan or coverage, if such services would be covered if 
     provided by a participating provider (as defined in such 
     section) with respect to such plan or coverage--
       ``(1) the cost-sharing requirement with respect to such 
     services shall be the same requirement that would apply if 
     such services were provided by such a participating provider, 
     and any coinsurance or deductible shall be based on rates 
     that would apply for such services if they were furnished by 
     such a participating provider;
       ``(2) such cost-sharing amounts shall be counted towards 
     the in-network deductible and in-network out-of-pocket 
     maximum amount under the plan or coverage for the plan year 
     (and such in-network deductible shall be applied) with 
     respect to such items and services so furnished in the same 
     manner as if such cost-sharing payments were with respect to 
     items and services furnished by a participating provider; and
       ``(3) the group health plan or health insurance issuer, 
     respectively, shall--
       ``(A) not later than 30 calendar days after the bill for 
     such services is transmitted by such provider, send to the 
     provider, an initial payment or notice of denial of payment; 
     and
       ``(B) pay a total plan or coverage payment, in accordance 
     with, if applicable, subsection (b)(6), directly to such 
     provider furnishing such services to such participant, 
     beneficiary, or enrollee that is, with application of any 
     initial payment under subparagraph (A), equal to the amount 
     by which the out-of-network rate (as defined in

[[Page H7758]]

     section 716(a)(3)(K)) for such services and year involved 
     exceeds the cost-sharing amount imposed under the plan or 
     coverage, respectively, for such services (as determined in 
     accordance with paragraphs (1) and (2)).
       ``(b) Determination of Out-of-network Rates to Be Paid by 
     Health Plans; Independent Dispute Resolution Process.--
       ``(1) Determination through open negotiation.--
       ``(A) In general.--With respect to air ambulance services 
     furnished in a year by a nonparticipating provider, with 
     respect to a group health plan or health insurance issuer 
     offering group health insurance coverage, and for which a 
     payment is required to be made by the plan or coverage 
     pursuant to subsection (a)(3), the provider or plan or 
     coverage may, during the 30-day period beginning on the day 
     the provider receives a payment or a statement of denial of 
     payment from the plan or coverage regarding a claim for 
     payment for such service, initiate open negotiations under 
     this paragraph between such provider and plan or coverage for 
     purposes of determining, during the open negotiation period, 
     an amount agreed on by such provider, and such plan or 
     coverage for payment (including any cost-sharing) for such 
     service. For purposes of this subsection, the open 
     negotiation period, with respect to air ambulance services, 
     is the 30-day period beginning on the date of initiation of 
     the negotiations with respect to such services.
       ``(B) Accessing independent dispute resolution process in 
     case of failed negotiations.--In the case of open 
     negotiations pursuant to subparagraph (A), with respect to 
     air ambulance services, that do not result in a determination 
     of an amount of payment for such services by the last day of 
     the open negotiation period described in such subparagraph 
     with respect to such services, the provider or group health 
     plan or health insurance issuer offering group health 
     insurance coverage that was party to such negotiations may, 
     during the 4-day period beginning on the day after such open 
     negotiation period, initiate the independent dispute 
     resolution process under paragraph (2) with respect to such 
     item or service. The independent dispute resolution process 
     shall be initiated by a party pursuant to the previous 
     sentence by submission to the other party and to the 
     Secretary of a notification (containing such information as 
     specified by the Secretary) and for purposes of this 
     subsection, the date of initiation of such process shall be 
     the date of such submission or such other date specified by 
     the Secretary pursuant to regulations that is not later than 
     the date of receipt of such notification by both the other 
     party and the Secretary.
       ``(2) Independent dispute resolution process available in 
     case of failed open negotiations.--
       ``(A) Establishment.--Not later than 1 year after the date 
     of the enactment of this subsection, the Secretary, jointly 
     with the Secretary of Health and Human Services and the 
     Secretary of the Treasury, shall establish by regulation one 
     independent dispute resolution process (referred to in this 
     subsection as the `IDR process') under which, in the case of 
     air ambulance services with respect to which a provider or 
     group health plan or health insurance issuer offering group 
     health insurance coverage submits a notification under 
     paragraph (1)(B) (in this subsection referred to as a 
     `qualified IDR air ambulance services'), a certified IDR 
     entity under paragraph (4) determines, subject to 
     subparagraph (B) and in accordance with the succeeding 
     provisions of this subsection, the amount of payment under 
     the plan or coverage for such services furnished by such 
     provider.
       ``(B) Authority to continue negotiations.--Under the 
     independent dispute resolution process, in the case that the 
     parties to a determination for qualified IDR air ambulance 
     services agree on a payment amount for such services during 
     such process but before the date on which the entity selected 
     with respect to such determination under paragraph (4) makes 
     such determination under paragraph (5), such amount shall be 
     treated for purposes of section 716(a)(3)(K)(ii) as the 
     amount agreed to by such parties for such services. In the 
     case of an agreement described in the previous sentence, the 
     independent dispute resolution process shall provide for a 
     method to determine how to allocate between the parties to 
     such determination the payment of the compensation of the 
     entity selected with respect to such determination.
       ``(C) Clarification.--A nonparticipating provider may not, 
     with respect to an item or service furnished by such 
     provider, submit a notification under paragraph (1)(B) if 
     such provider is exempt from the requirement under subsection 
     (a) of section 2799B-2 of the Public Health Service Act with 
     respect to such item or service pursuant to subsection (b) of 
     such section.
       ``(3) Treatment of batching of services.--The provisions of 
     section 716(c)(3) shall apply with respect to a notification 
     submitted under this subsection with respect to air ambulance 
     services in the same manner and to the same extent such 
     provisions apply with respect to a notification submitted 
     under section 716(c) with respect to items and services 
     described in such section.
       ``(4) Idr entities.--
       ``(A) Eligibility.--An IDR entity certified under this 
     subsection is an IDR entity certified under section 
     716(c)(4).
       ``(B) Selection of certified idr entity.--The provisions of 
     subparagraph (F) of section 716(c)(4) shall apply with 
     respect to selecting an IDR entity certified pursuant to 
     subparagraph (A) with respect to the determination of the 
     amount of payment under this subsection of air ambulance 
     services in the same manner as such provisions apply with 
     respect to selecting an IDR entity certified under such 
     section with respect to the determination of the amount of 
     payment under section 716(c) of an item or service. An entity 
     selected pursuant to the previous sentence to make a 
     determination described in such sentence shall be referred to 
     in this subsection as the `certified IDR entity' with respect 
     to such determination.
       ``(5) Payment determination.--
       ``(A) In general.--Not later than 30 days after the date of 
     selection of the certified IDR entity with respect to a 
     determination for qualified IDR ambulance services, the 
     certified IDR entity shall--
       ``(i) taking into account the considerations specified in 
     subparagraph (C), select one of the offers submitted under 
     subparagraph (B) to be the amount of payment for such 
     services determined under this subsection for purposes of 
     subsection (a)(3); and
       ``(ii) notify the provider or facility and the group health 
     plan or health insurance issuer offering group health 
     insurance coverage party to such determination of the offer 
     selected under clause (i).
       ``(B) Submission of offers.--Not later than 10 days after 
     the date of selection of the certified IDR entity with 
     respect to a determination for qualified IDR air ambulance 
     services, the provider and the group health plan or health 
     insurance issuer offering group health insurance coverage 
     party to such determination--
       ``(i) shall each submit to the certified IDR entity with 
     respect to such determination--

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

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

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

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

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

       ``(iii) Prohibition on consideration of certain factors.--
     In determining which offer is the payment amount to be 
     applied with respect to qualified IDR air ambulance services 
     furnished by a provider, the certified IDR entity with 
     respect to such determination shall not consider usual and 
     customary charges, the amount that would have been billed by 
     such provider with respect to such services had the 
     provisions of section 2799B-5 of the Public Health Service 
     Act not applied, or the payment or reimbursement rate for 
     such services furnished by such provider payable by a public 
     payor, including under the Medicare program under title XVIII 
     of the Social Security Act, under the Medicaid program under 
     title XIX of such Act, under the Children's Health Insurance 
     Program under title XXI of such Act, under the TRICARE 
     program under chapter 55 of title 10, United States Code, or 
     under chapter 17 of title 38, United States Code.
       ``(D) Effects of determination.--The provisions of section 
     716(c)(5)(E)) shall apply with respect to a determination of 
     a certified IDR entity under subparagraph (A), the 
     notification submitted with respect to such determination, 
     the services with respect to such notification, and the 
     parties to such notification in the same manner as such 
     provisions apply with respect to a determination of a 
     certified IDR entity under section 716(c)(5)(E), the 
     notification submitted with respect to such determination, 
     the items and services with respect to such notification, and 
     the parties to such notification.
       ``(E) Costs of independent dispute resolution process.--The 
     provisions of section 716(c)(5)(F) shall apply to a 
     notification made under this subsection, the parties to such 
     notification, and a determination under subparagraph (A) in 
     the same manner and to the same extent such provisions apply 
     to a notification under section 716(c), the parties to such 
     notification and a determination made under section 
     716(c)(5)(A).

[[Page H7759]]

       ``(6) Timing of payment.--The total plan or coverage 
     payment required pursuant to subsection (a)(3), with respect 
     to qualified IDR air ambulance services for which a 
     determination is made under paragraph (5)(A) or with respect 
     to air ambulance services for which a payment amount is 
     determined under open negotiations under paragraph (1), shall 
     be made directly to the nonparticipating provider not later 
     than 30 days after the date on which such determination is 
     made.
       ``(7) Publication of information relating to the idr 
     process.--
       ``(A) In general.--For each calendar quarter in 2022 and 
     each calendar quarter in a subsequent year, the Secretary 
     shall publish on the public website of the Department of 
     Labor--
       ``(i) the number of notifications submitted under the IDR 
     process during such calendar quarter;
       ``(ii) the number of such notifications with respect to 
     which a final determination was made under paragraph (5)(A);
       ``(iii) the information described in subparagraph (B) with 
     respect to each notification with respect to which such a 
     determination was so made.
       ``(iv) the number of times the payment amount determined 
     (or agreed to) under this subsection exceeds the qualifying 
     payment amount;
       ``(v) the amount of expenditures made by the Secretary 
     during such calendar quarter to carry out the IDR process;
       ``(vi) the total amount of fees paid under paragraph (8) 
     during such calendar quarter; and
       ``(vii) the total amount of compensation paid to certified 
     IDR entities under paragraph (5)(E)during such calendar 
     quarter.
       ``(B) Information with respect to requests.--For purposes 
     of subparagraph (A), the information described in this 
     subparagraph is, with respect to a notification under the IDR 
     process of a nonparticipating provider, group health plan, or 
     health insurance issuer offering group health insurance 
     coverage--
       ``(i) a description of each air ambulance service included 
     in such notification;
       ``(ii) the geography in which the services included in such 
     notification were provided;
       ``(iii) the amount of the offer submitted under paragraph 
     (2) by the group health plan or health insurance issuer (as 
     applicable) and by the nonparticipating provider expressed as 
     a percentage of the qualifying payment amount;
       ``(iv) whether the offer selected by the certified IDR 
     entity under paragraph (5) to be the payment applied was the 
     offer submitted by such plan or issuer (as applicable) or by 
     such provider and the amount of such offer so selected 
     expressed as a percentage of the qualifying payment amount;
       ``(v) ambulance vehicle type, including the clinical 
     capability level of such vehicle;
       ``(vi) the identity of the group health plan or health 
     insurance issuer or air ambulance provider with respect to 
     such notification;
       ``(vii) the length of time in making each determination;
       ``(viii) the compensation paid to the certified IDR entity 
     with respect to the settlement or determination; and
       ``(ix) any other information specified by the Secretary.
       ``(C) IDR entity requirements.--For 2022 and each 
     subsequent year, an IDR entity, as a condition of 
     certification as an IDR entity, shall submit to the Secretary 
     such information as the Secretary determines necessary for 
     the Secretary to carry out the provisions of this paragraph.
       ``(D) Clarification.--The Secretary shall ensure the public 
     reporting under this paragraph does not contain information 
     that would disclose privileged or confidential information of 
     a group health plan or health insurance issuer offering group 
     or individual health insurance coverage or of a provider or 
     facility.
       ``(8) Administrative fee.--
       ``(A) In general.--Each party to a determination under 
     paragraph (5) to which an entity is selected under paragraph 
     (4) in a year shall pay to the Secretary, at such time and in 
     such manner as specified by the Secretary, a fee for 
     participating in the IDR process with respect to such 
     determination in an amount described in subparagraph (B) for 
     such year.
       ``(B) Amount of fee.--The amount described in this 
     subparagraph for a year is an amount established by the 
     Secretary in a manner such that the total amount of fees paid 
     under this paragraph for such year is estimated to be equal 
     to the amount of expenditures estimated to be made by the 
     Secretary for such year in carrying out the IDR process.
       ``(9) Waiver authority.--The Secretary may modify any 
     deadline or other timing requirement specified under this 
     subsection (other than the establishment date for the IDR 
     process under paragraph (2)(A) and other than under paragraph 
     (6)) in cases of extenuating circumstances, as specified by 
     the Secretary, or to ensure that all claims that occur during 
     a 90-day period applied through paragraph (5)(D), but with 
     respect to which a notification is not permitted by reason of 
     such paragraph to be submitted under paragraph (1)(B) during 
     such period, are eligible for the IDR process.
       ``(c) Definition.--For purposes of this section:
       ``(1) Air ambulance services.--The term `air ambulance 
     service' means medical transport by helicopter or airplane 
     for patients.
       ``(2) Qualifying payment amount.--The term `qualifying 
     payment amount' has the meaning given such term in section 
     716(a)(3).
       ``(3) Nonparticipating provider.--The term 
     `nonparticipating provider' has the meaning given such term 
     in section 716(a)(3).''.
       (3) IRC amendments.--
       (A) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986, as amended by section 102(c) 
     and further amended by the previous provisions of this title, 
     is further amended by inserting after section 9816 the 
     following:

     ``SEC. 9817. ENDING SURPRISE AIR AMBULANCE BILLS.

       ``(a) In General.--In the case of a participant or 
     beneficiary in a group health plan who receives air ambulance 
     services from a nonparticipating provider (as defined in 
     section 9816(a)(3)(G)) with respect to such plan, if such 
     services would be covered if provided by a participating 
     provider (as defined in such section) with respect to such 
     plan--
       ``(1) the cost-sharing requirement with respect to such 
     services shall be the same requirement that would apply if 
     such services were provided by such a participating provider, 
     and any coinsurance or deductible shall be based on rates 
     that would apply for such services if they were furnished by 
     such a participating provider;
       ``(2) such cost-sharing amounts shall be counted towards 
     the in-network deductible and in-network out-of-pocket 
     maximum amount under the plan for the plan year (and such in-
     network deductible shall be applied) with respect to such 
     items and services so furnished in the same manner as if such 
     cost-sharing payments were with respect to items and services 
     furnished by a participating provider; and
       ``(3) the group health plan shall--
       ``(A) not later than 30 calendar days after the bill for 
     such services is transmitted by such provider, send to the 
     provider, an initial payment or notice of denial of payment; 
     and
       ``(B) pay a total plan payment, in accordance with, if 
     applicable, subsection (b)(6), directly to such provider 
     furnishing such services to such participant, beneficiary, or 
     enrollee that is, with application of any initial payment 
     under subparagraph (A), equal to the amount by which the out-
     of-network rate (as defined in section 9816(a)(3)(K)) for 
     such services and year involved exceeds the cost-sharing 
     amount imposed under the plan for such services (as 
     determined in accordance with paragraphs (1) and (2)).
       ``(b) Determination of Out-of-network Rates to Be Paid by 
     Health Plans; Independent Dispute Resolution Process.--
       ``(1) Determination through open negotiation.--
       ``(A) In general.--With respect to air ambulance services 
     furnished in a year by a nonparticipating provider, with 
     respect to a group health plan, and for which a payment is 
     required to be made by the plan pursuant to subsection 
     (a)(3), the provider or plan may, during the 30-day period 
     beginning on the day the provider receives a payment or a 
     statement of denial of payment from the plan regarding a 
     claim for payment for such service, initiate open 
     negotiations under this paragraph between such provider and 
     plan for purposes of determining, during the open negotiation 
     period, an amount agreed on by such provider, and such plan 
     for payment (including any cost-sharing) for such service. 
     For purposes of this subsection, the open negotiation period, 
     with respect to air ambulance services, is the 30-day period 
     beginning on the date of initiation of the negotiations with 
     respect to such services.
       ``(B) Accessing independent dispute resolution process in 
     case of failed negotiations.--In the case of open 
     negotiations pursuant to subparagraph (A), with respect to 
     air ambulance services, that do not result in a determination 
     of an amount of payment for such services by the last day of 
     the open negotiation period described in such subparagraph 
     with respect to such services, the provider or group health 
     plan that was party to such negotiations may, during the 4-
     day period beginning on the day after such open negotiation 
     period, initiate the independent dispute resolution process 
     under paragraph (2) with respect to such services. The 
     independent dispute resolution process shall be initiated by 
     a party pursuant to the previous sentence by submission to 
     the other party and to the Secretary of a notification 
     (containing such information as specified by the Secretary) 
     and for purposes of this subsection, the date of initiation 
     of such process shall be the date of such submission or such 
     other date specified by the Secretary pursuant to regulations 
     that is not later than the date of receipt of such 
     notification by both the other party and the Secretary.
       ``(2) Independent dispute resolution process available in 
     case of failed open negotiations.--
       ``(A) Establishment.--Not later than 1 year after the date 
     of the enactment of this subsection, the Secretary, jointly 
     with the Secretary of Health and Human Services and the 
     Secretary of Labor, shall establish by regulation one 
     independent dispute resolution process (referred to in this 
     subsection as the `IDR process') under which, in the case of 
     air ambulance services with respect to which a provider or 
     group health plan submits a notification under paragraph 
     (1)(B) (in this subsection referred to as a `qualified IDR 
     air ambulance services'), a certified IDR entity under 
     paragraph (4) determines, subject to subparagraph (B) and in 
     accordance with the succeeding provisions of this subsection, 
     the amount of payment under the plan for such services 
     furnished by such provider.
       ``(B) Authority to continue negotiations.--Under the 
     independent dispute resolution process, in the case that the 
     parties to a determination for qualified IDR air ambulance 
     services agree on a payment amount for such services during 
     such process but before the date on which the entity selected 
     with respect to such determination under paragraph (4) makes 
     such determination under paragraph (5), such amount shall be 
     treated for purposes of section 9816(a)(3)(K)(ii) as the 
     amount agreed to by such parties for such services. In the 
     case of an agreement described in the previous sentence, the 
     independent dispute resolution process shall provide for a 
     method to determine how to allocate between the parties to 
     such determination

[[Page H7760]]

     the payment of the compensation of the entity selected with 
     respect to such determination.
       ``(C) Clarification.--A nonparticipating provider may not, 
     with respect to an item or service furnished by such 
     provider, submit a notification under paragraph (1)(B) if 
     such provider is exempt from the requirement under subsection 
     (a) of section 2799B-2 of the Public Health Service Act with 
     respect to such item or service pursuant to subsection (b) of 
     such section.
       ``(3) Treatment of batching of services.--The provisions of 
     section 9816(c)(3) shall apply with respect to a notification 
     submitted under this subsection with respect to air ambulance 
     services in the same manner and to the same extent such 
     provisions apply with respect to a notification submitted 
     under section 9816(c) with respect to items and services 
     described in such section.
       ``(4) Idr entities.--
       ``(A) Eligibility.--An IDR entity certified under this 
     subsection is an IDR entity certified under section 
     9816(c)(4).
       ``(B) Selection of certified idr entity.--The provisions of 
     subparagraph (F) of section 9816(c)(4) shall apply with 
     respect to selecting an IDR entity certified pursuant to 
     subparagraph (A) with respect to the determination of the 
     amount of payment under this subsection of air ambulance 
     services in the same manner as such provisions apply with 
     respect to selecting an IDR entity certified under such 
     section with respect to the determination of the amount of 
     payment under section 9816(c) of an item or service. An 
     entity selected pursuant to the previous sentence to make a 
     determination described in such sentence shall be referred to 
     in this subsection as the `certified IDR entity' with respect 
     to such determination.
       ``(5) Payment determination.--
       ``(A) In general.--Not later than 30 days after the date of 
     selection of the certified IDR entity with respect to a 
     determination for qualified IDR ambulance services, the 
     certified IDR entity shall--
       ``(i) taking into account the considerations specified in 
     subparagraph (C), select one of the offers submitted under 
     subparagraph (B) to be the amount of payment for such 
     services determined under this subsection for purposes of 
     subsection (a)(3); and
       ``(ii) notify the provider or facility and the group health 
     plan party to such determination of the offer selected under 
     clause (i).
       ``(B) Submission of offers.--Not later than 10 days after 
     the date of selection of the certified IDR entity with 
     respect to a determination for qualified IDR air ambulance 
     services, the provider and the group health plan party to 
     such determination--
       ``(i) shall each submit to the certified IDR entity with 
     respect to such determination--

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

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

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

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

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

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

[[Page H7761]]

       ``(9) Waiver authority.--The Secretary may modify any 
     deadline or other timing requirement specified under this 
     subsection (other than the establishment date for the IDR 
     process under paragraph (2)(A) and other than under paragraph 
     (6)) in cases of extenuating circumstances, as specified by 
     the Secretary, or to ensure that all claims that occur during 
     a 90-day period applied through paragraph (5)(D), but with 
     respect to which a notification is not permitted by reason of 
     such paragraph to be submitted under paragraph (1)(B) during 
     such period, are eligible for the IDR process.
       ``(c) Definitions.--For purposes of this section:
       ``(1) Air ambulance services.--The term `air ambulance 
     service' means medical transport by helicopter or airplane 
     for patients.
       ``(2) Qualifying payment amount.--The term `qualifying 
     payment amount' has the meaning given such term in section 
     9816(a)(3).
       ``(3) Nonparticipting provider.--The term `nonparticipating 
     provider' has the meaning given such term in section 
     9816(a)(3).''.
       (B) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986, as amended by section 102(c)(3), is further amended by 
     inserting after the item relating to section 9816 the 
     following new item:

``Sec. 9817. Ending surprise air ambulance bills.''.
       (4) Effective date.--The amendments made by this subsection 
     shall apply with respect to plan years beginning on or after 
     January 1, 2022.
       (b) Air Ambulance Provider Balance Billing.--Part E of 
     title XXVII of the Public Health Service Act, as added and 
     amended by section 104, is further amended by adding at the 
     end the following new section:

     ``SEC. 2799B-5. AIR AMBULANCE SERVICES.

       ``In the case of a participant, beneficiary, or enrollee 
     with benefits under a group health plan or group or 
     individual health insurance coverage offered by a health 
     insurance issuer and who is furnished in a plan year 
     beginning on or after January 1, 2022, air ambulance services 
     (for which benefits are available under such plan or 
     coverage) from a nonparticipating provider (as defined in 
     section 2799A-1(a)(3)(G)) with respect to such plan or 
     coverage, such provider shall not bill, and shall not hold 
     liable, such participant, beneficiary, or enrollee for a 
     payment amount for such service furnished by such provider 
     that is more than the cost-sharing amount for such service 
     (as determined in accordance with paragraphs (1) and (2) of 
     section 2799A-2(a), section 717(a) of the Employee Retirement 
     Income Security Act of 1974, or section 9817(a) of the 
     Internal Revenue Code of 1986, as applicable).''.

     SEC. 106. REPORTING REQUIREMENTS REGARDING AIR AMBULANCE 
                   SERVICES.

       (a) Reporting Requirements for Providers of Air Ambulance 
     Services.--
       (1) In general.--A provider of air ambulance services shall 
     submit to the Secretary of Health and Human Services and the 
     Secretary of Transportation--
       (A) not later than the date that is 90 days after the last 
     day of the first calendar year beginning on or after the date 
     on which a final rule is promulgated pursuant to the 
     rulemaking described in subsection (d), the information 
     described in paragraph (2) with respect to such plan year; 
     and
       (B) not later than the date that is 90 days after the last 
     day of the plan year immediately succeeding the plan year 
     described in subparagraph (A), such information with respect 
     to such immediately succeeding plan year.
       (2) Information described.--For purposes of paragraph (1), 
     information described in this paragraph, with respect to a 
     provider of air ambulance services, is each of the following:
       (A) Cost data, as determined appropriate by the Secretary 
     of Health and Human Services, in consultation with the 
     Secretary of Transportation, for air ambulance services 
     furnished by such provider, separated to the maximum extent 
     possible by air transportation costs associated with 
     furnishing such air ambulance services and costs of medical 
     services and supplies associated with furnishing such air 
     ambulance services.
       (B) The number and location of all air ambulance bases 
     operated by such provider.
       (C) The number and type of aircraft operated by such 
     provider.
       (D) The number of air ambulance transports, disaggregated 
     by payor mix, including--
       (i)(I) group health plans;
       (II) health insurance issuers; and
       (III) State and Federal Government payors; and
       (ii) uninsured individuals.
       (E) The number of claims of such provider that have been 
     denied payment by a group health plan or health insurance 
     issuer and the reasons for any such denials.
       (F) The number of emergency and nonemergency air ambulance 
     transports, disaggregated by air ambulance base and type of 
     aircraft.
       (G) Such other information regarding air ambulance services 
     as the Secretary of Health and Human Services may specify.
       (b) Reporting Requirements for Group Health Plans and 
     Health Insurance Issuers.--
       (1) PHSA.--Part D of title XXVII of the Public Health 
     Service Act, as added by section 102(a)(1), is amended by 
     adding after section 2799A-7, as added by section 
     102(a)(2)(A) of this Act, the following new section:

     ``SEC. 2799A-8. AIR AMBULANCE REPORT REQUIREMENTS.

       ``(a) In General.--Each group health plan and health 
     insurance issuer offering group or individual health 
     insurance coverage shall submit to the Secretary, jointly 
     with the Secretary of Labor and the Secretary of the 
     Treasury--
       ``(1) not later than the date that is 90 days after the 
     last day of the first calendar year beginning on or after the 
     date on which a final rule is promulgated pursuant to the 
     rulemaking described in section 106(d) of the No Surprises 
     Act, the information described in subsection (b) with respect 
     to such plan year; and
       ``(2) not later than the date that is 90 days after the 
     last day of the calendar year immediately succeeding the plan 
     year described in paragraph (1), such information with 
     respect to such immediately succeeding plan year.
       ``(b) Information Described.--For purposes of subsection 
     (a), information described in this subsection, with respect 
     to a group health plan or a health insurance issuer offering 
     group or individual health insurance coverage, is each of the 
     following:
       ``(1) Claims data for air ambulance services furnished by 
     providers of such services, disaggregated by each of the 
     following factors:
       ``(A) Whether such services were furnished on an emergent 
     or nonemergent basis.
       ``(B) Whether the provider of such services is part of a 
     hospital-owned or sponsored program, municipality-sponsored 
     program, hospital independent partnership (hybrid) program, 
     independent program, or tribally operated program in Alaska.
       ``(C) Whether the transport in which the services were 
     furnished originated in a rural or urban area.
       ``(D) The type of aircraft (such as rotor transport or 
     fixed wing transport) used to furnish such services.
       ``(E) Whether the provider of such services has a contract 
     with the plan or issuer, as applicable, to furnish such 
     services under the plan or coverage, respectively.
       ``(2) Such other information regarding providers of air 
     ambulance services as the Secretary may specify.''.
       (2) ERISA.--
       (A) In general.--Subpart B of part 7 of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1185 et seq.) is amended by adding after section 722, as 
     added by section 102(b)(2)(A) of this Act, the following new 
     section:

     ``SEC. 723. AIR AMBULANCE REPORT REQUIREMENTS.

       ``(a) In General.--Each group health plan and health 
     insurance issuer offering group health insurance coverage 
     shall submit to the Secretary, jointly with the Secretary of 
     Health and Human Services and the Secretary of the Treasury--
       ``(1) not later than the date that is 90 days after the 
     last day of the first calendar year beginning on or after the 
     date on which a final rule is promulgated pursuant to the 
     rulemaking described in section 106(d) of the No Surprises 
     Act, the information described in subsection (b) with respect 
     to such plan year; and
       ``(2) not later than the date that is 90 days after the 
     last day of the plan year immediately succeeding the calendar 
     year described in paragraph (1), such information with 
     respect to such immediately succeeding plan year.
       ``(b) Information Described.--For purposes of subsection 
     (a), information described in this subsection, with respect 
     to a group health plan or a health insurance issuer offering 
     group health insurance coverage, is each of the following:
       ``(1) Claims data for air ambulance services furnished by 
     providers of such services, disaggregated by each of the 
     following factors:
       ``(A) Whether such services were furnished on an emergent 
     or nonemergent basis.
       ``(B) Whether the provider of such services is part of a 
     hospital-owned or sponsored program, municipality-sponsored 
     program, hospital independent partnership (hybrid) program, 
     independent program, or tribally operated program in Alaska.
       ``(C) Whether the transport in which the services were 
     furnished originated in a rural or urban area.
       ``(D) The type of aircraft (such as rotor transport or 
     fixed wing transport) used to furnish such services.
       ``(E) Whether the provider of such services has a contract 
     with the plan or issuer, as applicable, to furnish such 
     services under the plan or coverage, respectively.
       ``(2) Such other information regarding providers of air 
     ambulance services as the Secretary may specify.''.
       (B) Clerical amendment.--The table of contents of the 
     Employee Retirement Income Security Act of 1974 is amended by 
     adding after the item relating to section 722, as added by 
     section 102(b) the following:

``Sec. 723. Air ambulance report requirements.''.
       (3) IRC.--
       (A) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986 is amended by adding after 
     section 9822, as added by section 102(c)(2)(A) of this Act, 
     the following new section:

     ``SEC. 9823. AIR AMBULANCE REPORT REQUIREMENTS.

       ``(a) In General.--Each group health plan shall submit to 
     the Secretary, jointly with the Secretary of Labor and the 
     Secretary of Health and Human Services--
       ``(1) not later than the date that is 90 days after the 
     last day of the first calendar year beginning on or after the 
     date on which a final rule is promulgated pursuant to the 
     rulemaking described in section 106(d) of the No Surprises 
     Act, the information described in subsection (b) with respect 
     to such plan year; and
       ``(2) not later than the date that is 90 days after the 
     last day of the calendar year immediately succeeding the plan 
     year described in paragraph (1), such information with 
     respect to such immediately succeeding plan year.
       ``(b) Information Described.--For purposes of subsection 
     (a), information described in this subsection, with respect 
     to a group health plan is each of the following:

[[Page H7762]]

       ``(1) Claims data for air ambulance services furnished by 
     providers of such services, disaggregated by each of the 
     following factors:
       ``(A) Whether such services were furnished on an emergent 
     or nonemergent basis.
       ``(B) Whether the provider of such services is part of a 
     hospital-owned or sponsored program, municipality-sponsored 
     program, hospital independent partnership (hybrid) program, 
     independent program, or tribally operated program in Alaska.
       ``(C) Whether the transport in which the services were 
     furnished originated in a rural or urban area.
       ``(D) The type of aircraft (such as rotor transport or 
     fixed wing transport) used to furnish such services.
       ``(E) Whether the provider of such services has a contract 
     with the plan or issuer, as applicable, to furnish such 
     services under the plan or coverage, respectively.
       ``(2) Such other information regarding providers of air 
     ambulance services as the Secretary may specify.''.
       (B) Clerical amendment.--The table of sections for 
     subchapter B of chapter 100 of the Internal Revenue Code of 
     1986 is amended by adding after the item relating to section 
     9822, as added by section 102(c), the following new item:

``Sec. 9823. Air ambulance report requirements.''.
       (c) Publication of Comprehensive Report.--
       (1) In general.--Not later than the date that is one year 
     after the date described in subsection (a)(2) of section 
     2799A-8 of the Public Health Service Act, of section 723 of 
     the Employee Retirement Income Security Act of 1974, and of 
     section 9823 of the Internal Revenue Code of 1986, as such 
     sections are added by subsection (b), the Secretary of Health 
     and Human Services, in consultation with the Secretary of 
     Transportation (referred to in this section as the 
     ``Secretaries''), shall develop, and make publicly available 
     (subject to paragraph (3)), a comprehensive report 
     summarizing the information submitted under subsection (a) 
     and the amendments made by subsection (b) and including each 
     of the following:
       (A) The percentage of providers of air ambulance services 
     that are part of a hospital-owned or sponsored program, 
     municipality-sponsored program, hospital-independent 
     partnership (hybrid) program, or independent program.
       (B) An assessment of the extent of competition among 
     providers of air ambulance services on the basis of price and 
     services offered, and any changes in such competition over 
     time.
       (C) An assessment of the average charges for air ambulance 
     services, amounts paid by group health plans and health 
     insurance issuers offering group or individual health 
     insurance coverage to providers of air ambulance services for 
     furnishing such services, and amounts paid out-of-pocket by 
     consumers, and any changes in such amounts paid over time.
       (D) An assessment of the presence of air ambulance bases 
     in, or with the capability to serve, rural areas, and the 
     relative growth in air ambulance bases in rural and urban 
     areas over time.
       (E) Any evidence of gaps in rural access to providers of 
     air ambulance services.
       (F) The percentage of providers of air ambulance services 
     that have contracts with group health plans or health 
     insurance issuers offering group or individual health 
     insurance coverage to furnish such services under such plans 
     or coverage, respectively.
       (G) An assessment of whether there are instances of unfair, 
     deceptive, or predatory practices by providers of air 
     ambulance services in collecting payments from patients to 
     whom such services are furnished, such as referral of such 
     patients to collections, lawsuits, and liens or wage 
     garnishment actions.
       (H) An assessment of whether there are, within the air 
     ambulance industry, instances of unreasonable industry 
     concentration, excessive market domination, or other 
     conditions that would allow at least one provider of air 
     ambulance services to unreasonably increase prices or exclude 
     competition in air ambulance services in a given geographic 
     region.
       (I) An assessment of the frequency of patient balance 
     billing, patient referrals to collections, lawsuits to 
     collect balance bills, and liens or wage garnishment actions 
     by providers of air ambulance services as part of a 
     collections process across hospital-owned or sponsored 
     programs, municipality-sponsored programs, hospital-
     independent partnership (hybrid) programs, tribally operated 
     programs in Alaska, or independent programs, providers of air 
     ambulance services operated by public agencies (such as a 
     State or county health department), and other independent 
     providers of air ambulance services.
       (J) An assessment of the frequency of claims appeals made 
     by providers of air ambulance services to group health plans 
     or health insurance issuers offering group or individual 
     health insurance coverage with respect to air ambulance 
     services furnished to enrollees of such plans or coverage, 
     respectively.
       (K) Any other cost, quality, or other data relating to air 
     ambulance services or the air ambulance industry, as 
     determined necessary and appropriate by the Secretaries.
       (2) Other sources of information.--The Secretaries may 
     incorporate information from independent experts or third-
     party sources in developing the comprehensive report required 
     under paragraph (1).
       (3) Protection of proprietary information.--The Secretaries 
     may not make publicly available under this subsection any 
     proprietary information.
       (d) Rulemaking.--Not later than the date that is one year 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services, in consultation with the Secretary 
     of Transportation, shall, through notice and comment 
     rulemaking, specify the form and manner in which reports 
     described in subsection (a) and in the amendments made by 
     subsection (b) shall be submitted to such Secretaries, taking 
     into consideration (as applicable and to the extent feasible) 
     any recommendations included in the report submitted by the 
     Advisory Committee on Air Ambulance and Patient Billing under 
     section 418(e) of the FAA Reauthorization Act of 2018 (Public 
     Law 115-254; 49 U.S.C. 42301 note prec.).
       (e) Civil Money Penalties.--
       (1) In general.--Subject to paragraph (2), a provider of 
     air ambulance services who fails to submit all information 
     required under subsection (a)(2) by the date described in 
     subparagraph (A) or (B) of subsection (a)(1), as applicable, 
     shall be subject to a civil money penalty of not more than 
     $10,000.
       (2) Exception.--In the case of a provider of air ambulance 
     services that submits only some of the information required 
     under subsection (a)(2) by the date described in subparagraph 
     (A) or (B) of subsection (a)(1), as applicable, the Secretary 
     of Health and Human Services may waive the civil money 
     penalty imposed under paragraph (1) if such provider 
     demonstrates a good faith effort (as defined by the Secretary 
     pursuant to regulation) in working with the Secretary to 
     submit the remaining information required under subsection 
     (a)(2).
       (3) Procedure.--The provisions of section 1128A of the 
     Social Security Act (42 U.S.C. 1320a-7a), other than 
     subsections (a) and (b) and the first sentence of subsection 
     (c)(1), shall apply to civil money penalties under this 
     subsection in the same manner as such provisions apply to a 
     penalty or proceeding under such section.
       (f) Unfair and Deceptive Practices and Unfair Methods of 
     Competition.--The Secretary of Transportation may use any 
     information submitted under subsection (a) in determining 
     whether a provider of air ambulance services has violated 
     section 41712(a) of title 49, United States Code.
       (g) Advisory Committee on Air Ambulance Quality and Patient 
     Safety.--
       (1) Establishment.--Not later than the date that is 60 days 
     after the date of the enactment of this Act, the Secretary of 
     Health and Human Services and the Secretary of 
     Transportation, shall establish an Advisory Committee on Air 
     Ambulance Quality and Patient Safety (referred to in this 
     subsection as the ``Committee'') for the purpose of reviewing 
     options to establish quality, patient safety, and clinical 
     capability standards for each clinical capability level of 
     air ambulances.
       (2) Membership.--The Committee shall be composed of the 
     following members:
       (A) The Secretary of Health and Human Services, or a 
     designee of the Secretary, who shall serve as the Chair of 
     the Committee.
       (B) The Secretary of Transportation, or a designee of the 
     Secretary.
       (C) One representative, to be appointed by the Secretary of 
     Health and Human Services, of each of the following:
       (i) State health insurance regulators.
       (ii) Health care providers.
       (iii) Group health plans and health insurance issuers 
     offering group or individual health insurance coverage.
       (iv) Patient advocacy groups.
       (v) Accrediting bodies with experience in quality measures.
       (D) Three representatives of the air ambulance industry, to 
     be appointed by the Secretary of Transportation.
       (E) Additional three representatives not covered under 
     subparagraphs (A) through (D), as determined necessary and 
     appropriate by the Secretary of Health and Human Services and 
     Secretary of Transportation.
       (3) First meeting.--Not later than the date that is 90 days 
     after the date of the enactment of this Act, the Committee 
     shall hold its first meeting.
       (4) Duties.--The Committee shall study and make 
     recommendations, as appropriate, to Congress regarding each 
     of the following with respect to air ambulance services:
       (A) Qualifications of different clinical capability levels 
     and tiering of such levels.
       (B) Patient safety and quality standards.
       (C) Options for improving service reliability during poor 
     weather, night conditions, or other adverse conditions.
       (D) Differences between air ambulance vehicle types, 
     services, and technologies, and other flight capability 
     standards, and the impact of such differences on patient 
     safety.
       (E) Clinical triage criteria for air ambulances.
       (5) Report.--Not later than the date that is 180 days after 
     the date of the first meeting of the Committee, the 
     Committee, in consultation with relevant experts and 
     stakeholders, as appropriate, shall develop and make publicly 
     available a report on any recommendations submitted to 
     Congress under paragraph (4). The Committee may update such 
     report, as determined appropriate by the Committee.
       (h) Definitions.--In this section, the terms ``group health 
     plan'', ``health insurance coverage'', ``individual health 
     insurance coverage'', ``group health insurance coverage'', 
     and ``health insurance issuer'' have the meanings given such 
     terms in section 2791 of the Public Health Service Act (42 
     U.S.C. 300gg-91).

     SEC. 107. TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-
                   NETWORK DEDUCTIBLES AND OUT-OF-POCKET 
                   LIMITATIONS.

       (a) Phsa.--Section 2799A-1 of the Public Health Service 
     Act, as added by section 102(a) and amended by section 103, 
     is further amended by adding at the end the following new 
     subsection:
       ``(e) Transparency Regarding In-network and Out-of-network 
     Deductibles and Out-

[[Page H7763]]

     of-pocket Limitations.--A group health plan or a health 
     insurance issuer offering group or individual health 
     insurance coverage and providing or covering any benefit with 
     respect to items or services shall include, in clear writing, 
     on any physical or electronic plan or insurance 
     identification card issued to the participants, 
     beneficiaries, or enrollees in the plan or coverage the 
     following:
       ``(1) Any deductible applicable to such plan or coverage.
       ``(2) Any out-of-pocket maximum limitation applicable to 
     such plan or coverage.
       ``(3) A telephone number and Internet website address 
     through which such individual may seek consumer assistance 
     information, such as information related to hospitals and 
     urgent care facilities that have in effect a contractual 
     relationship with such plan or coverage for furnishing items 
     and services under such plan or coverage''.
       (b) Erisa.--Section 716 of the Employee Retirement Income 
     Security Act of 1974, as added by section 102(b) and amended 
     by section 103, is further amended by adding at the end the 
     following new subsection:
       ``(e) Transparency Regarding In-network and Out-of-network 
     Deductibles and Out-of-pocket Limitations.--A group health 
     plan or a health insurance issuer offering group health 
     insurance coverage and providing or covering any benefit with 
     respect to items or services shall include, in clear writing, 
     on any physical or electronic plan or insurance 
     identification card issued to the participants or 
     beneficiaries in the plan or coverage the following:
       ``(1) Any deductible applicable to such plan or coverage.
       ``(2) Any out-of-pocket maximum limitation applicable to 
     such plan or coverage.
       ``(3) A telephone number and Internet website address 
     through which such individual may seek consumer assistance 
     information, such as information related to hospitals and 
     urgent care facilities that have in effect a contractual 
     relationship with such plan or coverage for furnishing items 
     and services under such plan or coverage''.
       (c) Irc.--Section 9816 of the Internal Revenue Code of 
     1986, as added by section 102(c) and amended by section 103, 
     is further amended by adding at the end the following new 
     subsection:
       ``(e) Transparency Regarding In-network and Out-of-network 
     Deductibles and Out-of-pocket Limitations.--A group health 
     plan providing or covering any benefit with respect to items 
     or services shall include, in clear writing, on any physical 
     or electronic plan or insurance identification card issued to 
     the participants or beneficiaries in the plan the following:
       ``(1) Any deductible applicable to such plan.
       ``(2) Any out-of-pocket maximum limitation applicable to 
     such plan.
       ``(3) A telephone number and Internet website address 
     through which such individual may seek consumer assistance 
     information, such as information related to hospitals and 
     urgent care facilities that have in effect a contractual 
     relationship with such plan for furnishing items and services 
     under such plan.''.
       (d) Effective Date.--The amendments made by this subsection 
     shall apply with respect to plan years beginning on or after 
     January 1, 2022.

     SEC. 108. IMPLEMENTING PROTECTIONS AGAINST PROVIDER 
                   DISCRIMINATION.

       Not later than January 1, 2022, the Secretary of Health and 
     Human Services, the Secretary of Labor, and the Secretary of 
     the Treasury shall issue a proposed rule implementing the 
     protections of section 2706(a) of the Public Health Service 
     Act (42 U.S.C. 300gg-5(a)). The Secretaries shall accept and 
     consider public comments on any proposed rule issued pursuant 
     to this subsection for a period of 60 days after the date of 
     such issuance. Not later than 6 months after the date of the 
     conclusion of the comment period, the Secretaries shall issue 
     a final rule implementing the protections of section 2706(a) 
     of the Public Health Service Act (42 U.S.C. 300gg-5(a)).

     SEC. 109. REPORTS.

       (a) Reports in Consultation With FTC and AG.--Not later 
     than January 1, 2023, and annually thereafter for each of the 
     following 4 years, the Secretary of Health and Human 
     Services, in consultation with the Federal Trade Commission 
     and the Attorney General, shall--
       (1) conduct a study on the effects of the provisions of, 
     including amendments made by, this Act on--
       (A) any patterns of vertical or horizontal integration of 
     health care facilities, providers, group health plans, or 
     health insurance issuers offering group or individual health 
     insurance coverage;
       (B) overall health care costs; and
       (C) access to health care items and services, including 
     specialty services, in rural areas and health professional 
     shortage areas, as defined in section 332 of the Public 
     Health Service Act (42 U.S.C. 254e);
       (2) for purposes of the reports under paragraph (3), in 
     consultation with the Secretary of Labor and the Secretary of 
     the Treasury, make recommendations for the effective 
     enforcement of subsections (a)(1)(C)(iv) and (b)(1)(C) of 
     section 2799A-1 of the Public Health Service Act, subsections 
     (a)(1)(C)(iv) and (b)(1)(C) of section 716 of the Employee 
     Retirement Income Security Act of 1974, and subsections 
     (a)(1)(C)(iv) and (b)(1)(C) of section 9816 of the Internal 
     Revenue Code of 1986, including with respect to potential 
     challenges to addressing anti-competitive consolidation of 
     health care facilities, providers, group health plans, or 
     health insurance issuers offering group or individual health 
     insurance coverage; and
       (3) submit a report on such study and including such 
     recommendations to the Committees on Energy and Commerce; on 
     Education and Labor; on Ways and Means; and on the Judiciary 
     of the House of Representatives and the Committees on Health, 
     Education, Labor, and Pensions; on Commerce, Science, and 
     Transportation; on Finance; and on the Judiciary of the 
     Senate.
       (b) GAO Report on Impact of Surprise Billing Provisions.--
     Not later than January 1, 2025, the Comptroller General of 
     the United States shall submit to Congress a report 
     summarizing the effects of the provisions of this Act, 
     including the amendments made by such provisions, on changes 
     during the period since the date on the enactment of this Act 
     in health care provider networks of group health plans and 
     group and individual health insurance coverage offered by a 
     health insurance issuer, in fee schedules and amounts for 
     health care services, and to contracted rates under such 
     plans or coverage. Such report shall--
       (1) to the extent practicable, sample a statistically 
     significant group of national health care providers;
       (2) examine--
       (A) provider network participation, including 
     nonparticipating providers furnishing items and services at 
     participating facilities;
       (B) health care provider group network participation, 
     including specialty, size, and ownership;
       (C) the impact of State surprise billing laws and network 
     adequacy standards on participation of health care providers 
     and facilities in provider networks of group health plans and 
     of group and individual health insurance coverage offered by 
     health insurance issuers; and
       (D) access to providers, including in rural and medically 
     underserved communities and health professional shortage 
     areas (as defined in section 332 of the Public Health Service 
     Act), and the extent of provider shortages in such 
     communities and areas;
       (3) to the extent practicable, sample a statistically 
     significant group of national health insurance plans and 
     issuers and examine--
       (A) the effects of the provisions of, including amendments 
     made by, this Act on premiums and out-of-pocket costs with 
     respect to group health plans or group or individual health 
     insurance coverage;
       (B) the adequacy of provider networks with respect to such 
     plans or coverage; and
       (C) categories of providers of ancillary services, as 
     defined in section 2799B-2(b)(2) of the Public Health Service 
     Act, for which such plans have no or a limited number of in-
     network providers; and
       (4) such other relevant effects of such provisions and 
     amendments.
       (c) GAO Report on Adequacy of Provider Networks.--Not later 
     than January 1, 2023, the Comptroller General of the United 
     States shall submit to Congress, and make publicly available, 
     a report on the adequacy of provider networks in group health 
     plans and group and individual health insurance coverage, 
     including legislative recommendations to improve the adequacy 
     of such networks.
       (d) GAO Report on IDR Process and Potential Financial 
     Relationships.--Not later than December 31, 2023, the 
     Comptroller General of the United States shall conduct a 
     study and submit to Congress a report on the IDR process 
     established under this section. Such study and report shall 
     include an analysis of potential financial relationships 
     between providers and facilities that utilize the IDR process 
     established by the amendments made by this Act and private 
     equity investment firms.

     SEC. 110. CONSUMER PROTECTIONS THROUGH APPLICATION OF HEALTH 
                   PLAN EXTERNAL REVIEW IN CASES OF CERTAIN 
                   SURPRISE MEDICAL BILLS.

       (a) In General.--In applying the provisions of section 
     2719(b) of the Public Health Service Act (42 U.S.C. 300gg-
     19(b)) to group health plans and health insurance issuers 
     offering group or individual health insurance coverage, the 
     Secretary of Health and Human Services, Secretary of Labor, 
     and Secretary of the Treasury, shall require, beginning not 
     later than January 1, 2022, the external review process 
     described in paragraph (1) of such section to apply with 
     respect to any adverse determination by such a plan or issuer 
     under section 2799A-1 or 2799A-2, section 716 or 717 of the 
     Employee Retirement Income Security Act of 1974, or section 
     9816 or 9817 of the Internal Revenue Code of 1986, including 
     with respect to whether an item or service that is the 
     subject to such a determination is an item or service to 
     which such respective section applies.
       (b) Definitions.--The terms ``group health plan''; ``health 
     insurance issuer''; ``group health insurance coverage'', and 
     ``individual health insurance coverage'' have the meanings 
     given such terms in section 2791 of the Public Health Service 
     Act (42 U.S.C. 300gg-91), section 733 of the Employee 
     Retirement Income Security Act (29 U.S.C. 1191b), and section 
     9832 of the Internal Revenue Code, as applicable.

     SEC. 111. CONSUMER PROTECTIONS THROUGH HEALTH PLAN 
                   REQUIREMENT FOR FAIR AND HONEST ADVANCE COST 
                   ESTIMATE.

       (a) PHSA Amendment.--Section 2799A-1 of the Public Health 
     Service Act (42 U.S.C. 300gg-19a), as added by section 102 
     and as further amended by the previous provisions of this 
     title, is further amended by adding at the end the following 
     new subsection:
       ``(f) Advanced Explanation of Benefits.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, each group health plan, or a health 
     insurance issuer offering group or individual health 
     insurance coverage shall, with respect to a notification 
     submitted under section 2799B-6 by a health care provider or 
     health care facility to the plan or issuer for a participant, 
     beneficiary, or enrollee under plan or coverage scheduled to 
     receive an item or service from the provider or facility (or 
     authorized representative of such participant, beneficiary, 
     or enrollee), not later than 1 business

[[Page H7764]]

     day (or, in the case such item or service was so scheduled at 
     least 10 business days before such item or service is to be 
     furnished (or in the case of a request made to such plan or 
     coverage by such participant, beneficiary, or enrollee), 3 
     business days) after the date on which the plan or coverage 
     receives such notification (or such request), provide to the 
     participant, beneficiary, or enrollee (through mail or 
     electronic means, as requested by the participant, 
     beneficiary, or enrollee) a notification (in clear and 
     understandable language) including the following:
       ``(A) Whether or not the provider or facility is a 
     participating provider or a participating facility with 
     respect to the plan or coverage with respect to the 
     furnishing of such item or service and--
       ``(i) in the case the provider or facility is a 
     participating provider or facility with respect to the plan 
     or coverage with respect to the furnishing of such item or 
     service, the contracted rate under such plan or coverage for 
     such item or service (based on the billing and diagnostic 
     codes provided by such provider or facility); and
       ``(ii) in the case the provider or facility is a 
     nonparticipating provider or facility with respect to such 
     plan or coverage, a description of how such individual may 
     obtain information on providers and facilities that, with 
     respect to such plan or coverage, are participating providers 
     and facilities, if any.
       ``(B) The good faith estimate included in the notification 
     received from the provider or facility (if applicable) based 
     on such codes.
       ``(C) A good faith estimate of the amount the plan or 
     coverage is responsible for paying for items and services 
     included in the estimate described in subparagraph (B).
       ``(D) A good faith estimate of the amount of any cost-
     sharing for which the participant, beneficiary, or enrollee 
     would be responsible for such item or service (as of the date 
     of such notification).
       ``(E) A good faith estimate of the amount that the 
     participant, beneficiary, or enrollee has incurred toward 
     meeting the limit of the financial responsibility (including 
     with respect to deductibles and out-of-pocket maximums) under 
     the plan or coverage (as of the date of such notification).
       ``(F) In the case such item or service is subject to a 
     medical management technique (including concurrent review, 
     prior authorization, and step-therapy or fail-first 
     protocols) for coverage under the plan or coverage, a 
     disclaimer that coverage for such item or service is subject 
     to such medical management technique.
       ``(G) A disclaimer that the information provided in the 
     notification is only an estimate based on the items and 
     services reasonably expected, at the time of scheduling (or 
     requesting) the item or service, to be furnished and is 
     subject to change.
       ``(H) Any other information or disclaimer the plan or 
     coverage determines appropriate that is consistent with 
     information and disclaimers required under this section.
       ``(2) Authority to modify timing requirements in the case 
     of specified items and services.--
       ``(A) In general.--In the case of a participant, 
     beneficiary, or enrollee scheduled to receive an item or 
     service that is a specified item or service (as defined in 
     subparagraph (B)), the Secretary may modify any timing 
     requirements relating to the provision of the notification 
     described in paragraph (1) to such participant, beneficiary, 
     or enrollee with respect to such item or service. Any 
     modification made by the Secretary pursuant to the previous 
     sentence may not result in the provision of such notification 
     after such participant, beneficiary, or enrollee has been 
     furnished such item or service.
       ``(B) Specified item or service defined.--For purposes of 
     subparagraph (A), the term `specified item or service' means 
     an item or service that has low utilization or significant 
     variation in costs (such as when furnished as part of a 
     complex treatment), as specified by the Secretary.''.
       (b) IRC Amendments.--Section 9816 of the Internal Revenue 
     Code of 1986, as added by section 102 and further amended by 
     the previous provisions of this title, is further amended by 
     inserting after subsection (e) the following new subsection:
       ``(f) Advanced Explanation of Benefits.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, each group health plan shall, with respect 
     to a notification submitted under section 2799B-6 of the 
     Public Health Service Act by a health care provider or health 
     care facility to the plan for a participant or beneficiary 
     under plan scheduled to receive an item or service from the 
     provider or facility (or authorized representative of such 
     participant or beneficiary), not later than 1 business day 
     (or, in the case such item or service was so scheduled at 
     least 10 business days before such item or service is to be 
     furnished (or in the case of a request made to such plan or 
     coverage by such participant or beneficiary), 3 business 
     days) after the date on which the plan receives such 
     notification (or such request), provide to the participant or 
     beneficiary (through mail or electronic means, as requested 
     by the participant or beneficiary) a notification (in clear 
     and understandable language) including the following:
       ``(A) Whether or not the provider or facility is a 
     participating provider or a participating facility with 
     respect to the plan with respect to the furnishing of such 
     item or service and--
       ``(i) in the case the provider or facility is a 
     participating provider or facility with respect to the plan 
     or coverage with respect to the furnishing of such item or 
     service, the contracted rate under such plan for such item or 
     service (based on the billing and diagnostic codes provided 
     by such provider or facility); and
       ``(ii) in the case the provider or facility is a 
     nonparticipating provider or facility with respect to such 
     plan, a description of how such individual may obtain 
     information on providers and facilities that, with respect to 
     such plan, are participating providers and facilities, if 
     any.
       ``(B) The good faith estimate included in the notification 
     received from the provider or facility (if applicable) based 
     on such codes.
       ``(C) A good faith estimate of the amount the plan is 
     responsible for paying for items and services included in the 
     estimate described in subparagraph (B).
       ``(D) A good faith estimate of the amount of any cost-
     sharing for which the participant or beneficiary would be 
     responsible for such item or service (as of the date of such 
     notification).
       ``(E) A good faith estimate of the amount that the 
     participant or beneficiary has incurred toward meeting the 
     limit of the financial responsibility (including with respect 
     to deductibles and out-of-pocket maximums) under the plan (as 
     of the date of such notification).
       ``(F) In the case such item or service is subject to a 
     medical management technique (including concurrent review, 
     prior authorization, and step-therapy or fail-first 
     protocols) for coverage under the plan, a disclaimer that 
     coverage for such item or service is subject to such medical 
     management technique.
       ``(G) A disclaimer that the information provided in the 
     notification is only an estimate based on the items and 
     services reasonably expected, at the time of scheduling (or 
     requesting) the item or service, to be furnished and is 
     subject to change.
       ``(H) Any other information or disclaimer the plan 
     determines appropriate that is consistent with information 
     and disclaimers required under this section.
       ``(2) Authority to modify timing requirements in the case 
     of specified items and services.--
       ``(A) In general.--In the case of a participant or 
     beneficiary scheduled to receive an item or service that is a 
     specified item or service (as defined in subparagraph (B)), 
     the Secretary may modify any timing requirements relating to 
     the provision of the notification described in paragraph (1) 
     to such participant or beneficiary with respect to such item 
     or service. Any modification made by the Secretary pursuant 
     to the previous sentence may not result in the provision of 
     such notification after such participant or beneficiary has 
     been furnished such item or service.
       ``(B) Specified item or service defined.--For purposes of 
     subparagraph (A), the term `specified item or service' means 
     an item or service that has low utilization or significant 
     variation in costs (such as when furnished as part of a 
     complex treatment), as specified by the Secretary.''.
       (c) ERISA Amendments.--Section 716 of the Employee 
     Retirement Income Security Act of 1974, as added by section 
     102 and further amended by the previous amendments of this 
     title, is further amended by adding at the end the following 
     new subsection:
       ``(f) Advanced Explanation of Benefits.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, each group health plan, or a health 
     insurance issuer offering group health insurance coverage 
     shall, with respect to a notification submitted under section 
     2799B-6 of the Public Health Service Act by a health care 
     provider or health care facility to the plan or issuer for a 
     participant or beneficiary under plan or coverage scheduled 
     to receive an item or service from the provider or facility 
     (or authorized representative of such participant or 
     beneficiary), not later than 1 business day (or, in the case 
     such item or service was so scheduled at least 10 business 
     days before such item or service is to be furnished (or in 
     the case of a request made to such plan or coverage by such 
     participant or beneficiary), 3 business days) after the date 
     on which the plan or coverage receives such notification (or 
     such request), provide to the participant or beneficiary 
     (through mail or electronic means, as requested by the 
     participant or beneficiary) a notification (in clear and 
     understandable language) including the following:
       ``(A) Whether or not the provider or facility is a 
     participating provider or a participating facility with 
     respect to the plan or coverage with respect to the 
     furnishing of such item or service and--
       ``(i) in the case the provider or facility is a 
     participating provider or facility with respect to the plan 
     or coverage with respect to the furnishing of such item or 
     service, the contracted rate under such plan for such item or 
     service (based on the billing and diagnostic codes provided 
     by such provider or facility); and
       ``(ii) in the case the provider or facility is a 
     nonparticipating provider or facility with respect to such 
     plan or coverage, a description of how such individual may 
     obtain information on providers and facilities that, with 
     respect to such plan or coverage, are participating providers 
     and facilities, if any.
       ``(B) The good faith estimate included in the notification 
     received from the provider or facility (if applicable) based 
     on such codes.
       ``(C) A good faith estimate of the amount the health plan 
     is responsible for paying for items and services included in 
     the estimate described in subparagraph (B).
       ``(D) A good faith estimate of the amount of any cost-
     sharing for which the participant or beneficiary would be 
     responsible for such item or service (as of the date of such 
     notification).
       ``(E) A good faith estimate of the amount that the 
     participant or beneficiary has incurred toward meeting the 
     limit of the financial responsibility (including with respect 
     to deductibles and out-of-pocket maximums) under the plan or 
     coverage (as of the date of such notification).
       ``(F) In the case such item or service is subject to a 
     medical management technique (including concurrent review, 
     prior authorization, and step-therapy or fail-first 
     protocols) for coverage

[[Page H7765]]

     under the plan or coverage, a disclaimer that coverage for 
     such item or service is subject to such medical management 
     technique.
       ``(G) A disclaimer that the information provided in the 
     notification is only an estimate based on the items and 
     services reasonably expected, at the time of scheduling (or 
     requesting) the item or service, to be furnished and is 
     subject to change.
       ``(H) Any other information or disclaimer the plan or 
     coverage determines appropriate that is consistent with 
     information and disclaimers required under this section.
       ``(2) Authority to modify timing requirements in the case 
     of specified items and services.--
       ``(A) In general.--In the case of a participant or 
     beneficiary scheduled to receive an item or service that is a 
     specified item or service (as defined in subparagraph (B)), 
     the Secretary may modify any timing requirements relating to 
     the provision of the notification described in paragraph (1) 
     to such participant or beneficiary with respect to such item 
     or service. Any modification made by the Secretary pursuant 
     to the previous sentence may not result in the provision of 
     such notification after such participant or beneficiary has 
     been furnished such item or service.
       ``(B) Specified item or service defined.--For purposes of 
     subparagraph (A), the term `specified item or service' means 
     an item or service that has low utilization or significant 
     variation in costs (such as when furnished as part of a 
     complex treatment), as specified by the Secretary.''.

     SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND 
                   PATIENT-PROVIDER DISPUTE RESOLUTION.

       Part E of title XXVII of the Public Health Service Act (42 
     U.S.C. 300gg et seq.), as added by section 104 and further 
     amended by the previous provisions of this title, is further 
     amended by adding at the end the following new sections:

     ``SEC. 2799B-6. PROVISION OF INFORMATION UPON REQUEST AND FOR 
                   SCHEDULED APPOINTMENTS.

       ``Each health care provider and health care facility shall, 
     beginning January 1, 2022, in the case of an individual who 
     schedules an item or service to be furnished to such 
     individual by such provider or facility at least 3 business 
     days before the date such item or service is to be so 
     furnished, not later than 1 business day after the date of 
     such scheduling (or, in the case of such an item or service 
     scheduled at least 10 business days before the date such item 
     or service is to be so furnished (or if requested by the 
     individual), not later than 3 business days after the date of 
     such scheduling or such request)--
       ``(1) inquire if such individual is enrolled in a group 
     health plan, group or individual health insurance coverage 
     offered by a health insurance issuer, or a Federal health 
     care program (and if is so enrolled in such plan or coverage, 
     seeking to have a claim for such item or service submitted to 
     such plan or coverage); and
       ``(2) provide a notification (in clear and understandable 
     language) of the good faith estimate of the expected charges 
     for furnishing such item or service (including any item or 
     service that is reasonably expected to be provided in 
     conjunction with such scheduled item or service and such an 
     item or service reasonably expected to be so provided by 
     another health care provider or health care facility), with 
     the expected billing and diagnostic codes for any such item 
     or service, to--
       ``(A) in the case the individual is enrolled in such a plan 
     or such coverage (and is seeking to have a claim for such 
     item or service submitted to such plan or coverage), such 
     plan or issuer of such coverage; and
       ``(B) in the case the individual is not described in 
     subparagraph (A) and not enrolled in a Federal health care 
     program, the individual.

     ``SEC. 2799B-7. PATIENT-PROVIDER DISPUTE RESOLUTION.

       ``(a) In General.--Not later than January 1, 2022, the 
     Secretary shall establish a process (in this subsection 
     referred to as the `patient-provider dispute resolution 
     process') under which an uninsured individual, with respect 
     to an item or service, who received, pursuant to section 
     2799B-6, from a health care provider or health care facility 
     a good-faith estimate of the expected charges for furnishing 
     such item or service to such individual and who after being 
     furnished such item or service by such provider or facility 
     is billed by such provider or facility for such item or 
     service for charges that are substantially in excess of such 
     estimate, may seek a determination from a selected dispute 
     resolution entity for the charges to be paid by such 
     individual (in lieu of such amount so billed) to such 
     provider or facility for such item or service. For purposes 
     of this subsection, the term `uninsured individual' means, 
     with respect to an item or service, an individual who does 
     not have benefits for such item or service under a group 
     health plan, group or individual health insurance coverage 
     offered by a health insurance issuer, Federal health care 
     program (as defined in section 1128B(f) of the Social 
     Security Act), or a health benefits plan under chapter 89 of 
     title 5, United States Code (or an individual who has 
     benefits for such item or service under a group health plan 
     or individual or group health insurance coverage offered by a 
     health insurance issuer, but who does not seek to have a 
     claim for such item or service submitted to such plan or 
     coverage).
       ``(b) Selection of Entities.--Under the patient-provider 
     dispute resolution process, the Secretary shall, with respect 
     to a determination sought by an individual under subsection 
     (a), with respect to charges to be paid by such individual to 
     a health care provider or health care facility described in 
     such paragraph for an item or service furnished to such 
     individual by such provider or facility, provide for--
       ``(1) a method to select to make such determination an 
     entity certified under subsection (d) that--
       ``(A) is not a party to such determination or an employee 
     or agent of such party;
       ``(B) does not have a material familial, financial, or 
     professional relationship with such a party; and
       ``(C) does not otherwise have a conflict of interest with 
     such a party (as determined by the Secretary); and
       ``(2) the provision of a notification of such selection to 
     the individual and the provider or facility (as applicable) 
     party to such determination.
     An entity selected pursuant to the previous sentence to make 
     a determination described in such sentence shall be referred 
     to in this subsection as the `selected dispute resolution 
     entity' with respect to such determination.
       ``(c) Administrative Fee.--The Secretary shall establish a 
     fee to participate in the patient-provider dispute resolution 
     process in such a manner as to not create a barrier to an 
     uninsured individual's access to such process.
       ``(d) Certification.--The Secretary shall establish or 
     recognize a process to certify entities under this 
     subparagraph. Such process shall ensure that an entity so 
     certified satisfies at least the criteria specified in 
     section 2799A-1(c).''.

     SEC. 113. ENSURING CONTINUITY OF CARE.

       (a) Public Health Service Act.--Title XXVII of the Public 
     Health Service Act (42 U.S.C. 300gg et seq.) is amended, in 
     the part D, as added and amended by section 102(a) and 
     further amended by the previous provisions of this title, by 
     inserting after section 2799A-2 the following new section:

     ``SEC. 2799A-3. CONTINUITY OF CARE.

       ``(a) Ensuring Continuity of Care With Respect to 
     Terminations of Certain Contractual Relationships Resulting 
     in Changes in Provider Network Status.--
       ``(1) In general.--In the case of an individual with 
     benefits under a group health plan or group or individual 
     health insurance coverage offered by a health insurance 
     issuer and with respect to a health care provider or facility 
     that has a contractual relationship with such plan or such 
     issuer (as applicable) for furnishing items and services 
     under such plan or such coverage, if, while such individual 
     is a continuing care patient (as defined in subsection (b)) 
     with respect to such provider or facility--
       ``(A) such contractual relationship is terminated (as 
     defined in subsection (b));
       ``(B) benefits provided under such plan or such health 
     insurance coverage with respect to such provider or facility 
     are terminated because of a change in the terms of the 
     participation of such provider or facility in such plan or 
     coverage; or
       ``(C) a contract between such group health plan and a 
     health insurance issuer offering health insurance coverage in 
     connection with such plan is terminated, resulting in a loss 
     of benefits provided under such plan with respect to such 
     provider or facility;
     the plan or issuer, respectively, shall meet the requirements 
     of paragraph (2) with respect to such individual.
       ``(2) Requirements.--The requirements of this paragraph are 
     that the plan or issuer--
       ``(A) notify each individual enrolled under such plan or 
     coverage who is a continuing care patient with respect to a 
     provider or facility at the time of a termination described 
     in paragraph (1) affecting such provider or facility on a 
     timely basis of such termination and such individual's right 
     to elect continued transitional care from such provider or 
     facility under this section;
       ``(B) provide such individual with an opportunity to notify 
     the plan or issuer of the individual's need for transitional 
     care; and
       ``(C) permit the patient to elect to continue to have 
     benefits provided under such plan or such coverage, under the 
     same terms and conditions as would have applied and with 
     respect to such items and services as would have been covered 
     under such plan or coverage had such termination not 
     occurred, with respect to the course of treatment furnished 
     by such provider or facility relating to such individual's 
     status as a continuing care patient during the period 
     beginning on the date on which the notice under subparagraph 
     (A) is provided and ending on the earlier of--
       ``(i) the 90-day period beginning on such date; or
       ``(ii) the date on which such individual is no longer a 
     continuing care patient with respect to such provider or 
     facility.
       ``(b) Definitions.--In this section:
       ``(1) Continuing care patient.--The term `continuing care 
     patient' means an individual who, with respect to a provider 
     or facility--
       ``(A) is undergoing a course of treatment for a serious and 
     complex condition from the provider or facility;
       ``(B) is undergoing a course of institutional or inpatient 
     care from the provider or facility;
       ``(C) is scheduled to undergo nonelective surgery from the 
     provider, including receipt of postoperative care from such 
     provider or facility with respect to such a surgery;
       ``(D) is pregnant and undergoing a course of treatment for 
     the pregnancy from the provider or facility; or
       ``(E) is or was determined to be terminally ill (as 
     determined under section 1861(dd)(3)(A) of the Social 
     Security Act) and is receiving treatment for such illness 
     from such provider or facility.
       ``(2) Serious and complex condition.--The term `serious and 
     complex condition' means, with respect to a participant, 
     beneficiary, or enrollee under a group health plan or group 
     or individual health insurance coverage--
       ``(A) in the case of an acute illness, a condition that is 
     serious enough to require specialized medical treatment to 
     avoid the reasonable possibility of death or permanent harm; 
     or

[[Page H7766]]

       ``(B) in the case of a chronic illness or condition, a 
     condition that is--
       ``(i) is life-threatening, degenerative, potentially 
     disabling, or congenital; and
       ``(ii) requires specialized medical care over a prolonged 
     period of time.
       ``(3) Terminated.--The term `terminated' includes, with 
     respect to a contract, the expiration or nonrenewal of the 
     contract, but does not include a termination of the contract 
     for failure to meet applicable quality standards or for 
     fraud.''.
       (b) Internal Revenue Code.--
       (1) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986, as amended by sections 102(c) 
     and 105(a)(3), is further amended by inserting after section 
     9817 the following new section:

     ``SEC. 9818. CONTINUITY OF CARE.

       ``(a) Ensuring Continuity of Care With Respect to 
     Terminations of Certain Contractual Relationships Resulting 
     in Changes in Provider Network Status.--
       ``(1) In general.--In the case of an individual with 
     benefits under a group health plan and with respect to a 
     health care provider or facility that has a contractual 
     relationship with such plan for furnishing items and services 
     under such plan, if, while such individual is a continuing 
     care patient (as defined in subsection (b)) with respect to 
     such provider or facility--
       ``(A) such contractual relationship is terminated (as 
     defined in paragraph (b));
       ``(B) benefits provided under such plan with respect to 
     such provider or facility are terminated because of a change 
     in the terms of the participation of such provider or 
     facility in such plan; or
       ``(C) a contract between such group health plan and a 
     health insurance issuer offering health insurance coverage in 
     connection with such plan is terminated, resulting in a loss 
     of benefits provided under such plan with respect to such 
     provider or facility;
     the plan shall meet the requirements of paragraph (2) with 
     respect to such individual.
       ``(2) Requirements.--The requirements of this paragraph are 
     that the plan--
       ``(A) notify each individual enrolled under such plan who 
     is a continuing care patient with respect to a provider or 
     facility at the time of a termination described in paragraph 
     (1) affecting such provider on a timely basis of such 
     termination and such individual's right to elect continued 
     transitional care from such provider or facility under this 
     section;
       ``(B) provide such individual with an opportunity to notify 
     the plan of the individual's need for transitional care; and
       ``(C) permit the patient to elect to continue to have 
     benefits provided under such plan, under the same terms and 
     conditions as would have applied and with respect to such 
     items and services as would have been covered under such plan 
     had such termination not occurred, with respect to the course 
     of treatment furnished by such provider or facility relating 
     to such individual's status as a continuing care patient 
     during the period beginning on the date on which the notice 
     under subparagraph (A) is provided and ending on the earlier 
     of--
       ``(i) the 90-day period beginning on such date; or
       ``(ii) the date on which such individual is no longer a 
     continuing care patient with respect to such provider or 
     facility.
       ``(b) Definitions.--In this section:
       ``(1) Continuing care patient.--The term `continuing care 
     patient' means an individual who, with respect to a provider 
     or facility--
       ``(A) is undergoing a course of treatment for a serious and 
     complex condition from the provider or facility;
       ``(B) is undergoing a course of institutional or inpatient 
     care from the provider or facility;
       ``(C) is scheduled to undergo nonelective surgery from the 
     provider or facility, including receipt of postoperative care 
     from such provider or facility with respect to such a 
     surgery;
       ``(D) is pregnant and undergoing a course of treatment for 
     the pregnancy from the provider or facility; or
       ``(E) is or was determined to be terminally ill (as 
     determined under section 1861(dd)(3)(A) of the Social 
     Security Act) and is receiving treatment for such illness 
     from such provider or facility.
       ``(2) Serious and complex condition.--The term `serious and 
     complex condition' means, with respect to a participant or 
     beneficiary under a group health plan--
       ``(A) in the case of an acute illness, a condition that is 
     serious enough to require specialized medical treatment to 
     avoid the reasonable possibility of death or permanent harm; 
     or
       ``(B) in the case of a chronic illness or condition, a 
     condition that--
       ``(i) is life-threatening, degenerative, potentially 
     disabling, or congenital; and
       ``(ii) requires specialized medical care over a prolonged 
     period of time.
       ``(3) Terminated.--The term `terminated' includes, with 
     respect to a contract, the expiration or nonrenewal of the 
     contract, but does not include a termination of the contract 
     for failure to meet applicable quality standards or for 
     fraud.''.
       (2) Clerical amendment.--The table of sections for such 
     subchapter, as amended by the previous sections, is further 
     amended by inserting after the item relating to section 9817 
     the following new item:

``Sec. 9818. Continuity of care.''.
       (c) Employee Retirement Income Security Act.--
       (1) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.), as amended by section 102(c) and 
     further amended by the previous provisions of this title, is 
     further amended by inserting after section 717 the following 
     new section:

     ``SEC. 718. CONTINUITY OF CARE.

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

``Sec. 718. Continuity of care.''.
       (d) Provider Requirement.--Part E of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg et seq.), as added 
     by section 104 and further amended by the previous provisions 
     of this title, is further amended by adding at the end the 
     following new section:

     ``SEC. 2799B-8. CONTINUITY OF CARE.

       ``A health care provider or health care facility shall, in 
     the case of an individual furnished items and services by 
     such provider or facility for which coverage is provided 
     under a group health plan or group or individual health 
     insurance coverage pursuant to section 2799A-3, section 9818 
     of the Internal Revenue Code of 1986, or section 718 of the 
     Employee Retirement Income Security Act of 1974--
       ``(1) accept payment from such plan or such issuer (as 
     applicable) (and cost-sharing from

[[Page H7767]]

     such individual, if applicable, in accordance with subsection 
     (a)(2)(C) of such section 2799A-3, 9818, or 718) for such 
     items and services as payment in full for such items and 
     services; and
       ``(2) continue to adhere to all policies, procedures, and 
     quality standards imposed by such plan or issuer with respect 
     to such individual and such items and services in the same 
     manner as if such termination had not occurred.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply with respect to plan years 
     beginning on or after January 1, 2022.

     SEC. 114. MAINTENANCE OF PRICE COMPARISON TOOL.

       (a) Public Health Service Act.--Title XXVII of the Public 
     Health Service Act (42 U.S.C. 300gg et seq.) is amended, in 
     part D, as added and amended by section 102 and further 
     amended by the previous provisions of this title, by 
     inserting after section 2799A-3 the following new section:

     ``SEC. 2799A-4. MAINTENANCE OF PRICE COMPARISON TOOL.

       ``A group health plan or a health insurance issuer offering 
     group or individual health insurance coverage shall offer 
     price comparison guidance by telephone and make available on 
     the Internet website of the plan or issuer a price comparison 
     tool that (to the extent practicable) allows an individual 
     enrolled under such plan or coverage, with respect to such 
     plan year, such geographic region, and participating 
     providers with respect to such plan or coverage, to compare 
     the amount of cost-sharing that the individual would be 
     responsible for paying under such plan or coverage with 
     respect to the furnishing of a specific item or service by 
     any such provider.''.
       (b) Internal Revenue Code.--
       (1) In general.--Subchapter B of chapter 100 of the 
     Internal Revenue Code of 1986, as amended by sections 102, 
     105, and 113, is further amended by inserting after section 
     9818 the following new section:

     ``SEC. 9819. MAINTENANCE OF PRICE COMPARISON TOOL.

       ``A group health plan shall offer price comparison guidance 
     by telephone and make available on the Internet website of 
     the plan or issuer a price comparison tool that (to the 
     extent practicable) allows an individual enrolled under such 
     plan, with respect to such plan year, such geographic region, 
     and participating providers with respect to such plan or 
     coverage, to compare the amount of cost-sharing that the 
     individual would be responsible for paying under such plan 
     with respect to the furnishing of a specific item or service 
     by any such provider.''.
       (2) Clerical amendment.--The table of sections for such 
     subchapter, as amended by the previous sections, is further 
     amended by inserting after the item relating to section 9818 
     the following new item:

``Sec. 9819. Maintenance of price comparison tool.''.
       (c) Employee Retirement Income Security Act.--
       (1) In general.--Subpart B of part 7 of subtitle B of title 
     I of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.), as amended by sections 102, 105, and 
     113, is further amended by inserting after section 718 the 
     following new section:

     ``SEC. 719. MAINTENANCE OF PRICE COMPARISON TOOL.

       ``A group health plan or a health insurance issuer offering 
     group health insurance coverage shall offer price comparison 
     guidance by telephone and make available on the Internet 
     website of the plan or issuer a price comparison tool that 
     (to the extent practicable) allows an individual enrolled 
     under such plan or coverage, with respect to such plan year, 
     such geographic region, and participating providers with 
     respect to such plan or coverage, to compare the amount of 
     cost-sharing that the individual would be responsible for 
     paying under such plan or coverage with respect to the 
     furnishing of a specific item or service by any such 
     provider.''.
       (2) Clerical amendment.--The table of contents in section 1 
     of the Employee Retirement Income Security Act of 1974, as 
     amended by the previous provisions of this title, is further 
     amended by inserting after the item relating to section 716 
     the following new item:

``Sec. 719. Maintenance of price comparison tool.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply with respect to plan years beginning on or after 
     January 1, 2022.

     SEC. 115. STATE ALL PAYER CLAIMS DATABASES.

       (a) Grants to States.--Part B of title III of the Public 
     Health Service Act (42 U.S.C. 243 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 320B. STATE ALL PAYER CLAIMS DATABASES.

       ``(a) In General.--The Secretary shall make one-time grants 
     to eligible States for the purposes described in subsection 
     (b).
       ``(b) Uses.--A State may use a grant received under 
     subsection (a) for one of the following purposes:
       ``(1) To establish a State All Payer Claims Database.
       ``(2) To improve an existing State All Payer Claims 
     Databases.
       ``(c) Eligibility.--To be eligible to receive a grant under 
     subsection (a), a State shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary specifies, including, with 
     respect to a State All Payer Claims Database, at least 
     specifics on how the State will ensure uniform data 
     collection and the privacy and security of such data.
       ``(d) Grant Period and Amount.--Grants awarded under this 
     section shall be for a period of 3-years, and in an amount of 
     $2,500,000, of which $1,000,000 shall be made available to 
     the State for each of the first 2 years of the grant period, 
     and $500,000 shall be made available to the State for the 
     third year of the grant period.
       ``(e) Authorized Users.--
       ``(1) Application.--An entity desiring authorization for 
     access to a State All Payer Claims Database that has received 
     a grant under this section shall submit to the State All 
     Payer Claims Database an application for such access, which 
     shall include--
       ``(A) in the case of an entity requesting access for 
     research purposes--
       ``(i) a description of the uses and methodologies for 
     evaluating health system performance using such data; and
       ``(ii) documentation of approval of the research by an 
     institutional review board, if applicable for a particular 
     plan of research; or
       ``(B) in the case of an entity such as an employer, health 
     insurance issuer, third-party administrator, or health care 
     provider, requesting access for the purpose of quality 
     improvement or cost-containment, a description of the 
     intended uses for such data.
       ``(2) Requirements.--
       ``(A) Access for research purposes.--Upon approval of an 
     application for research purposes under paragraph (1)(A), the 
     authorized user shall enter into a data use and 
     confidentiality agreement with the State All Payer Claims 
     Database that has received a grant under this subsection, 
     which shall include a prohibition on attempts to reidentify 
     and disclose individually identifiable health information and 
     proprietary financial information.
       ``(B) Customized reports.--Employers and employer 
     organizations may request customized reports from a State All 
     Payer Claims Database that has received a grant under this 
     section, at cost, subject to the requirements of this section 
     with respect to privacy, security, and proprietary financial 
     information.
       ``(C) Non-customized reports.--A State All Payer Claims 
     Database that has received a grant under this section shall 
     make available to all authorized users aggregate data sets 
     available through the State All Payer Claims Database, free 
     of charge.
       ``(3) Waivers.--The Secretary may waive the requirements of 
     this subsection of a State All Payer Claims Database to 
     provide access of entities to such database if such State All 
     Payer Claims Database is substantially in compliance with 
     this subsection.
       ``(f) Expanded Access.--
       ``(1) Multi-state applications.--The Secretary may 
     prioritize applications submitted by a State whose 
     application demonstrates that the State will work with other 
     State All Payer Claims Databases to establish a single 
     application for access to data by authorized users across 
     multiple States.
       ``(2) Expansion of data sets.--The Secretary may prioritize 
     applications submitted by a State whose application 
     demonstrates that the State will implement the reporting 
     format for self-insured group health plans described in 
     section 735 of the Employee Retirement Income Security Act of 
     1974.
       ``(g) Definitions.--In this section--
       ``(1) the term `individually identifiable health 
     information' has the meaning given such term in section 
     1171(6) of the Social Security Act;
       ``(2) the term `proprietary financial information' means 
     data that would disclose the terms of a specific contract 
     between an individual health care provider or facility and a 
     specific group health plan, managed care entity (as defined 
     in section 1932(a)(1)(B) of the Social Security Act) or other 
     managed care organization, or health insurance issuer 
     offering group or individual health insurance coverage; and
       ``(3) the term `State All Payer Claims Database' means, 
     with respect to a State, a database that may include medical 
     claims, pharmacy claims, dental claims, and eligibility and 
     provider files, which are collected from private and public 
     payers.
       ``(h) Authorization of Appropriations.--To carry out this 
     section, there is authorized to be appropriated $50,000,000 
     for each of fiscal years 2022 and 2023, and $25,000,000 for 
     fiscal year 2024, to remain available until expended.''.
       (b) Standardized Reporting Format.--
       Subpart C of part 7 of subtitle B of title I of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1191 et seq.) is amended by adding at the end the following:

     ``SEC. 735. STANDARDIZED REPORTING FORMAT.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall establish (and 
     periodically update) a standardized reporting format for the 
     voluntary reporting, by group health plans to State All Payer 
     Claims Databases, of medical claims, pharmacy claims, dental 
     claims, and eligibility and provider files that are collected 
     from private and public payers, and shall provide guidance to 
     States on the process by which States may collect such data 
     from such plans in the standardized reporting format.
       ``(b) Consultation.--
       ``(1) Advisory committee.--Not later than 90 days after the 
     date of enactment of this section, the Secretary shall 
     convene an Advisory Committee (referred to in this section as 
     the `Committee'), consisting of 15 members to advise the 
     Secretary regarding the format and guidance described in 
     paragraph (1).
       ``(2) Membership.--
       ``(A) Appointment.--In accordance with subparagraph (B), 
     not later than 90 days after the date of enactment this 
     section, the Secretary, in coordination with the Secretary of 
     Health and Human Services, shall appoint under subparagraph 
     (B)(iii), and the Comptroller General of the United States 
     shall appoint under subparagraph (B)(iv), members who have 
     distinguished themselves in the fields of health services 
     research, health economics, health informatics,

[[Page H7768]]

     data privacy and security, or the governance of State All 
     Payer Claims Databases, or who represent organizations likely 
     to submit data to or use the database, including patients, 
     employers, or employee organizations that sponsor group 
     health plans, health care providers, health insurance 
     issuers, or third-party administrators of group health plans. 
     Such members shall serve 3-year terms on a staggered basis. 
     Vacancies on the Committee shall be filled by appointment 
     consistent with this paragraph not later than 3 months after 
     the vacancy arises.
       ``(B) Composition.--The Committee shall be comprised of--
       ``(i) the Assistant Secretary of Employee Benefits and 
     Security Administration of the Department of Labor, or a 
     designee of such Assistant Secretary;
       ``(ii) the Assistant Secretary for Planning and Evaluation 
     of the Department of Health and Human Services, or a designee 
     of such Assistant Secretary;
       ``(iii) members appointed by the Secretary, in coordination 
     with the Secretary of Health and Human Services, including--

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

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

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

       ``(3) Report.--Not later than 180 days after the date of 
     enactment of this section, the Committee shall report to the 
     Secretary, the Committee on Health, Education, Labor, and 
     Pensions of the Senate, and the Committee on Energy and 
     Commerce and the Committee on Education and Labor of the 
     House of Representatives. Such report shall include 
     recommendations on the establishment of the format and 
     guidance described in subsection (a).
       ``(c) State All Payer Claims Database.--In this section, 
     the term `State All Payer Claims Database' means, with 
     respect to a State, a database that may include medical 
     claims, pharmacy claims, dental claims, and eligibility and 
     provider files, which are collected from private and public 
     payers.
       ``(d) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $5,000,000 
     for fiscal year 2021, to remain available until expended or, 
     if sooner, until the date described in subsection (e).
       ``(e) Sunset.--Beginning on the date on which the report is 
     submitted under subsection (b)(3), subsection (b) shall have 
     no force or effect.''.

     SEC. 116. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF 
                   PROVIDER DIRECTORY INFORMATION.

       (a) PHSA.--Part D of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg et seq.), as added and amended 
     by section 102 and further amended by the previous provisions 
     of this title, is further amended by inserting after section 
     2799A-4 the following:

     ``SEC. 2799A-5. PROTECTING PATIENTS AND IMPROVING THE 
                   ACCURACY OF PROVIDER DIRECTORY INFORMATION.

       ``(a) Provider Directory Information Requirements.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, each group health plan and health insurance 
     issuer offering group or individual health insurance coverage 
     shall--
       ``(A) establish the verification process described in 
     paragraph (2);
       ``(B) establish the response protocol described in 
     paragraph (3);
       ``(C) establish the database described in paragraph (4); 
     and
       ``(D) include in any directory (other than the database 
     described in subparagraph (C)) containing provider directory 
     information with respect to such plan or such coverage the 
     information described in paragraph (5).
       ``(2) Verification process.--The verification process 
     described in this paragraph is, with respect to a group 
     health plan or a health insurance issuer offering group or 
     individual health insurance coverage, a process--
       ``(A) under which, not less frequently than once every 90 
     days, such plan or such issuer (as applicable) verifies and 
     updates the provider directory information included on the 
     database described in paragraph (4) of such plan or issuer of 
     each health care provider and health care facility included 
     in such database;
       ``(B) that establishes a procedure for the removal of such 
     a provider or facility with respect to which such plan or 
     issuer has been unable to verify such information during a 
     period specified by the plan or issuer; and
       ``(C) that provides for the update of such database within 
     2 business days of such plan or issuer receiving from such a 
     provider or facility information pursuant to section 2799B-9.
       ``(3) Response protocol.--The response protocol described 
     in this paragraph is, in the case of an individual enrolled 
     under a group health plan or group or individual health 
     insurance coverage offered by a health insurance issuer who 
     requests information through a telephone call or electronic, 
     web-based, or Internet-based means on whether a health care 
     provider or health care facility has a contractual 
     relationship to furnish items and services under such plan or 
     such coverage, a protocol under which such plan or such 
     issuer (as applicable), in the case such request is made 
     through a telephone call--
       ``(A) responds to such individual as soon as practicable 
     and in no case later than 1 business day after such call is 
     received, through a written electronic or print (as requested 
     by such individual) communication; and
       ``(B) retains such communication in such individual's file 
     for at least 2 years following such response.
       ``(4) Database.--The database described in this paragraph 
     is, with respect to a group health plan or health insurance 
     issuer offering group or individual health insurance 
     coverage, a database on the public website of such plan or 
     issuer that contains--
       ``(A) a list of each health care provider and health care 
     facility with which such plan or such issuer has a direct or 
     indirect contractual relationship for furnishing items and 
     services under such plan or such coverage; and
       ``(B) provider directory information with respect to each 
     such provider and facility.
       ``(5) Information.--The information described in this 
     paragraph is, with respect to a print directory containing 
     provider directory information with respect to a group health 
     plan or individual or group health insurance coverage offered 
     by a health insurance issuer, a notification that such 
     information contained in such directory was accurate as of 
     the date of publication of such directory and that an 
     individual enrolled under such plan or such coverage should 
     consult the database described in paragraph (4) with respect 
     to such plan or such coverage or contact such plan or the 
     issuer of such coverage to obtain the most current provider 
     directory information with respect to such plan or such 
     coverage.
       ``(6) Definition.--For purposes of this subsection, the 
     term `provider directory information' includes, with respect 
     to a group health plan and a health insurance issuer offering 
     group or individual health insurance coverage, the name, 
     address, specialty, telephone number, and digital contact 
     information of each health care provider or health care 
     facility with which such plan or such issuer has a 
     contractual relationship for furnishing items and services 
     under such plan or such coverage.
       ``(7) Rule of construction.--Nothing in this section shall 
     be construed to preempt any provision of State law relating 
     to health care provider directories.
       ``(b) Cost-sharing for Services Provided Based on Reliance 
     on Incorrect Provider Network Information.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, in the case of an item or service furnished 
     to a participant, beneficiary, or enrollee of a group health 
     plan or group or individual health insurance coverage offered 
     by a health insurance issuer by a nonparticipating provider 
     or a nonparticipating facility, if such item or service would 
     otherwise be covered under such plan or coverage if furnished 
     by a participating provider or participating facility and if 
     either of the criteria described in paragraph (2) applies 
     with respect to such participant, beneficiary, or enrollee 
     and item or service, the plan or coverage--
       ``(A) shall not impose on such participant, beneficiary, or 
     enrollee a cost-sharing amount for such item or service so 
     furnished that is greater than the cost-sharing amount that 
     would apply under such plan or coverage had such item or 
     service been furnished by a participating provider; and
       ``(B) shall apply the deductible or out-of-pocket maximum, 
     if any, that would apply if such services were furnished by a 
     participating provider or a participating facility.
       ``(2) Criteria described.--For purposes of paragraph (1), 
     the criteria described in this paragraph, with respect to an 
     item or service furnished to a participant, beneficiary, or 
     enrollee of a group health plan or group or individual health 
     insurance coverage offered by a health insurance issuer by a 
     nonparticipating provider or a nonparticipating facility, are 
     the following:
       ``(A) The participant, beneficiary, or enrollee received 
     through a database, provider directory, or response protocol 
     described in subsection (a) information with respect to such 
     item and service to be furnished and such information 
     provided that the provider was a participating provider or 
     facility was a participating facility, with respect to the 
     plan for furnishing such item or service.
       ``(B) The information was not provided, in accordance with 
     subsection (a), to the participant, beneficiary, or enrollee 
     and the participant, beneficiary, or enrollee requested 
     through the response protocol described in subsection (a)(3) 
     of the plan or coverage information on whether the provider 
     was a participating provider or facility was a participating 
     facility with respect to the plan for furnishing such item or 
     service and was informed through such protocol that the 
     provider was such a participating provider or facility was 
     such a participating facility.
       ``(c) Disclosure on Patient Protections Against Balance 
     Billing.--For plan years beginning on or after January 1, 
     2022, each group health plan and health insurance issuer 
     offering group or individual health insurance coverage shall 
     make publicly available, post on a public website of such 
     plan or issuer, and include on each explanation of benefits 
     for an item or service with respect to which the requirements 
     under section 2799A-1 applies--
       ``(1) information in plain language on--

[[Page H7769]]

       ``(A) the requirements and prohibitions applied under 
     sections 2799B-1 and 2799B-2 (relating to prohibitions on 
     balance billing in certain circumstances);
       ``(B) if provided for under applicable State law, any other 
     requirements on providers and facilities regarding the 
     amounts such providers and facilities may, with respect to an 
     item or service, charge a participant, beneficiary, or 
     enrollee of such plan or coverage with respect to which such 
     a provider or facility does not have a contractual 
     relationship for furnishing such item or service under the 
     plan or coverage after receiving payment from the plan or 
     coverage for such item or service and any applicable cost 
     sharing payment from such participant, beneficiary, or 
     enrollee; and
       ``(C) the requirements applied under section 2799A-1; and
       ``(2) information on contacting appropriate State and 
     Federal agencies in the case that an individual believes that 
     such a provider or facility has violated any requirement 
     described in paragraph (1) with respect to such 
     individual.''.
       (b) ERISA.--Subpart B of part 7 of subtitle B of title I of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.), as amended by sections 102, 105, 113, 
     and 114, is further amended by inserting after section 719 
     the following:

     ``SEC. 720. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF 
                   PROVIDER DIRECTORY INFORMATION.

       ``(a) Provider Directory Information Requirements.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, each group health plan and health insurance 
     issuer offering group health insurance coverage shall--
       ``(A) establish the verification process described in 
     paragraph (2);
       ``(B) establish the response protocol described in 
     paragraph (3);
       ``(C) establish the database described in paragraph (4); 
     and
       ``(D) include in any directory (other than the database 
     described in subparagraph (C)) containing provider directory 
     information with respect to such plan or such coverage the 
     information described in paragraph (5).
       ``(2) Verification process.--The verification process 
     described in this paragraph is, with respect to a group 
     health plan or a health insurance issuer offering group 
     health insurance coverage, a process--
       ``(A) under which, not less frequently than once every 90 
     days, such plan or such issuer (as applicable) verifies and 
     updates the provider directory information included on the 
     database described in paragraph (4) of such plan or issuer of 
     each health care provider and health care facility included 
     in such database;
       ``(B) that establishes a procedure for the removal of such 
     a provider or facility with respect to which such plan or 
     issuer has been unable to verify such information during a 
     period specified by the plan or issuer; and
       ``(C) that provides for the update of such database within 
     2 business days of such plan or issuer receiving from such a 
     provider or facility information pursuant to section 2799B-9 
     of the Public Health Service Act.
       ``(3) Response protocol.--The response protocol described 
     in this paragraph is, in the case of an individual enrolled 
     under a group health plan or group health insurance coverage 
     offered by a health insurance issuer who requests information 
     through a telephone call or electronic, web-based, or 
     Internet-based means on whether a health care provider or 
     health care facility has a contractual relationship to 
     furnish items and services under such plan or such coverage, 
     a protocol under which such plan or such issuer (as 
     applicable), in the case such request is made through a 
     telephone call--
       ``(A) responds to such individual as soon as practicable 
     and in no case later than 1 business day after such call is 
     received, through a written electronic or print (as requested 
     by such individual) communication; and
       ``(B) retains such communication in such individual's file 
     for at least 2 years following such response.
       ``(4) Database.--The database described in this paragraph 
     is, with respect to a group health plan or health insurance 
     issuer offering group health insurance coverage, a database 
     on the public website of such plan or issuer that contains--
       ``(A) a list of each health care provider and health care 
     facility with which such plan or such issuer has a direct or 
     indirect contractual relationship for furnishing items and 
     services under such plan or such coverage; and
       ``(B) provider directory information with respect to each 
     such provider and facility.
       ``(5) Information.--The information described in this 
     paragraph is, with respect to a print directory containing 
     provider directory information with respect to a group health 
     plan or group health insurance coverage offered by a health 
     insurance issuer, a notification that such information 
     contained in such directory was accurate as of the date of 
     publication of such directory and that an individual enrolled 
     under such plan or such coverage should consult the database 
     described in paragraph (4) with respect to such plan or such 
     coverage or contact such plan or the issuer of such coverage 
     to obtain the most current provider directory information 
     with respect to such plan or such coverage.
       ``(6) Definition.--For purposes of this subsection, the 
     term `provider directory information' includes, with respect 
     to a group health plan and a health insurance issuer offering 
     group health insurance coverage, the name, address, 
     specialty, telephone number, and digital contact information 
     of each health care provider or health care facility with 
     which such plan or such issuer has a contractual relationship 
     for furnishing items and services under such plan or such 
     coverage.
       ``(7) Rule of construction.--Nothing in this section shall 
     be construed to preempt any provision of State law relating 
     to health care provider directories, to the extent such State 
     law applies to such plan, coverage, or issuer, subject to 
     section 514.
       ``(b) Cost-sharing for Services Provided Based on Reliance 
     on Incorrect Provider Network Information.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, in the case of an item or service furnished 
     to a participant or beneficiary of a group health plan or 
     group health insurance coverage offered by a health insurance 
     issuer by a nonparticipating provider or a nonparticipating 
     facility, if such item or service would otherwise be covered 
     under such plan or coverage if furnished by a participating 
     provider or participating facility and if either of the 
     criteria described in paragraph (2) applies with respect to 
     such participant or beneficiary and item or service, the plan 
     or coverage--
       ``(A) shall not impose on such participant or beneficiary a 
     cost-sharing amount for such item or service so furnished 
     that is greater than the cost-sharing amount that would apply 
     under such plan or coverage had such item or service been 
     furnished by a participating provider; and
       ``(B) shall apply the deductible or out-of-pocket maximum, 
     if any, that would apply if such services were furnished by a 
     participating provider or a participating facility.
       ``(2) Criteria described.--For purposes of paragraph (1), 
     the criteria described in this paragraph, with respect to an 
     item or service furnished to a participant or beneficiary of 
     a group health plan or group health insurance coverage 
     offered by a health insurance issuer by a nonparticipating 
     provider or a nonparticipating facility, are the following:
       ``(A) The participant or beneficiary received through a 
     database, provider directory, or response protocol described 
     in subsection (a) information with respect to such item and 
     service to be furnished and such information provided that 
     the provider was a participating provider or facility was a 
     participating facility, with respect to the plan for 
     furnishing such item or service.
       ``(B) The information was not provided, in accordance with 
     subsection (a), to the participant or beneficiary and the 
     participant or beneficiary requested through the response 
     protocol described in subsection (a)(3) of the plan or 
     coverage information on whether the provider was a 
     participating provider or facility was a participating 
     facility with respect to the plan for furnishing such item or 
     service and was informed through such protocol that the 
     provider was such a participating provider or facility was 
     such a participating facility.
       ``(c) Disclosure on Patient Protections Against Balance 
     Billing.--For plan years beginning on or after January 1, 
     2022, each group health plan and health insurance issuer 
     offering group health insurance coverage shall make publicly 
     available, post on a public website of such plan or issuer, 
     and include on each explanation of benefits for an item or 
     service with respect to which the requirements under section 
     716 applies--
       ``(1) information in plain language on--
       ``(A) the requirements and prohibitions applied under 
     sections 2799B-1 and 2799B-2 of the Public Health Service Act 
     (relating to prohibitions on balance billing in certain 
     circumstances);
       ``(B) if provided for under applicable State law, any other 
     requirements on providers and facilities regarding the 
     amounts such providers and facilities may, with respect to an 
     item or service, charge a participant or beneficiary of such 
     plan or coverage with respect to which such a provider or 
     facility does not have a contractual relationship for 
     furnishing such item or service under the plan or coverage 
     after receiving payment from the plan or coverage for such 
     item or service and any applicable cost sharing payment from 
     such participant or beneficiary; and
       ``(C) the requirements applied under section 716; and
       ``(2) information on contacting appropriate State and 
     Federal agencies in the case that an individual believes that 
     such a provider or facility has violated any requirement 
     described in paragraph (1) with respect to such 
     individual.''.
       (c) IRC.--Subchapter B of chapter 100 of the Internal 
     Revenue Code of 1986, as amended by sections 102, 105, 113, 
     and 114, is further amended by inserting after section 9819 
     the following:

     ``SEC. 9820. PROTECTING PATIENTS AND IMPROVING THE ACCURACY 
                   OF PROVIDER DIRECTORY INFORMATION.

       ``(a) Provider Directory Information Requirements.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, each group health plan shall--
       ``(A) establish the verification process described in 
     paragraph (2);
       ``(B) establish the response protocol described in 
     paragraph (3);
       ``(C) establish the database described in paragraph (4); 
     and
       ``(D) include in any directory (other than the database 
     described in subparagraph (C)) containing provider directory 
     information with respect to such plan the information 
     described in paragraph (5).
       ``(2) Verification process.--The verification process 
     described in this paragraph is, with respect to a group 
     health plan, a process--
       ``(A) under which, not less frequently than once every 90 
     days, such plan verifies and updates the provider directory 
     information included on the database described in paragraph 
     (4) of such plan or issuer of each health care provider and 
     health care facility included in such database;
       ``(B) that establishes a procedure for the removal of such 
     a provider or facility with respect

[[Page H7770]]

     to which such plan or issuer has been unable to verify such 
     information during a period specified by the plan or issuer; 
     and
       ``(C) that provides for the update of such database within 
     2 business days of such plan or issuer receiving from such a 
     provider or facility information pursuant to section 2799B-9 
     of the Public Health Service Act.
       ``(3) Response protocol.--The response protocol described 
     in this paragraph is, in the case of an individual enrolled 
     under a group health plan who requests information through a 
     telephone call or electronic, web-based, or Internet-based 
     means on whether a health care provider or health care 
     facility has a contractual relationship to furnish items and 
     services under such plan, a protocol under which such plan or 
     such issuer (as applicable), in the case such request is made 
     through a telephone call--
       ``(A) responds to such individual as soon as practicable 
     and in no case later than 1 business day after such call is 
     received, through a written electronic or print (as requested 
     by such individual) communication; and
       ``(B) retains such communication in such individual's file 
     for at least 2 years following such response.
       ``(4) Database.--The database described in this paragraph 
     is, with respect to a group health plan, a database on the 
     public website of such plan or issuer that contains--
       ``(A) a list of each health care provider and health care 
     facility with which such plan or such issuer has a direct or 
     indirect contractual relationship for furnishing items and 
     services under such plan; and
       ``(B) provider directory information with respect to each 
     such provider and facility.
       ``(5) Information.--The information described in this 
     paragraph is, with respect to a print directory containing 
     provider directory information with respect to a group health 
     plan, a notification that such information contained in such 
     directory was accurate as of the date of publication of such 
     directory and that an individual enrolled under such plan 
     should consult the database described in paragraph (4) with 
     respect to such plan or contact such plan to obtain the most 
     current provider directory information with respect to such 
     plan.
       ``(6) Definition.--For purposes of this subsection, the 
     term `provider directory information' includes, with respect 
     to a group health plan, the name, address, specialty, 
     telephone number, and digital contact information of each 
     health care provider or health care facility with which such 
     plan has a contractual relationship for furnishing items and 
     services under such plan.
       ``(7) Rule of construction.--Nothing in this section shall 
     be construed to preempt any provision of State law relating 
     to health care provider directories.
       ``(b) Cost-sharing for Services Provided Based on Reliance 
     on Incorrect Provider Network Information.--
       ``(1) In general.--For plan years beginning on or after 
     January 1, 2022, in the case of an item or service furnished 
     to a participant or beneficiary of a group health plan by a 
     nonparticipating provider or a nonparticipating facility, if 
     such item or service would otherwise be covered under such 
     plan if furnished by a participating provider or 
     participating facility and if either of the criteria 
     described in paragraph (2) applies with respect to such 
     participant or beneficiary and item or service, the plan--
       ``(A) shall not impose on such participant or beneficiary a 
     cost-sharing amount for such item or service so furnished 
     that is greater than the cost-sharing amount that would apply 
     under such plan had such item or service been furnished by a 
     participating provider; and
       ``(B) shall apply the deductible or out-of-pocket maximum, 
     if any, that would apply if such services were furnished by a 
     participating provider or a participating facility.
       ``(2) Criteria described.--For purposes of paragraph (1), 
     the criteria described in this paragraph, with respect to an 
     item or service furnished to a participant or beneficiary of 
     a group health plan by a nonparticipating provider or a 
     nonparticipating facility, are the following:
       ``(A) The participant or beneficiary received through a 
     database, provider directory, or response protocol described 
     in subsection (a) information with respect to such item and 
     service to be furnished and such information provided that 
     the provider was a participating provider or facility was a 
     participating facility, with respect to the plan for 
     furnishing such item or service.
       ``(B) The information was not provided, in accordance with 
     subsection (a), to the participant or beneficiary and the 
     participant or beneficiary requested through the response 
     protocol described in subsection (a)(3) of the plan 
     information on whether the provider was a participating 
     provider or facility was a participating facility with 
     respect to the plan for furnishing such item or service and 
     was informed through such protocol that the provider was such 
     a participating provider or facility was such a participating 
     facility.
       ``(c) Disclosure on Patient Protections Against Balance 
     Billing.--For plan years beginning on or after January 1, 
     2022, each group health plan shall make publicly available, 
     post on a public website of such plan or issuer, and include 
     on each explanation of benefits for an item or service with 
     respect to which the requirements under section 9816 
     applies--
       ``(1) information in plain language on--
       ``(A) the requirements and prohibitions applied under 
     sections 2799B-1 and 2799B-2 of the Public Health Service 
     Act(relating to prohibitions on balance billing in certain 
     circumstances);
       ``(B) if provided for under applicable State law, any other 
     requirements on providers and facilities regarding the 
     amounts such providers and facilities may, with respect to an 
     item or service, charge a participant or beneficiary of such 
     plan with respect to which such a provider or facility does 
     not have a contractual relationship for furnishing such item 
     or service under the plan after receiving payment from the 
     plan for such item or service and any applicable cost sharing 
     payment from such participant or beneficiary; and
       ``(C) the requirements applied under section 9816; and
       ``(2) information on contacting appropriate State and 
     Federal agencies in the case that an individual believes that 
     such a provider or facility has violated any requirement 
     described in paragraph (1) with respect to such 
     individual.''.
       (d) Clerical Amendments.--
       (1) ERISA.--The table of contents in section 1 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), as amended by the previous provisions of this 
     title, is further amended by inserting after the item 
     relating to section 719 the following new item:

``720. Protecting patients and improving the accuracy of provider 
              directory information.''.
       (2) IRC.--The table of sections for subchapter B of chapter 
     100 of the Internal Revenue Code of 1986, as amended by the 
     previous provisions of this title, is further amended by 
     inserting after the item relating to section 9819 the 
     following new item:

``9820. Protecting patients and improving the accuracy of provider 
              directory information.''.
       (e) Provider Requirements.--Part E of title XXVII of the 
     Public Health Service Act (42 U.S.C. 300gg et seq.), as added 
     by section 104 and as further amended by the previous 
     provisions of this title, is further amended by adding at the 
     end the following:

     ``SEC. 2799B-9. PROVIDER REQUIREMENTS TO PROTECT PATIENTS AND 
                   IMPROVE THE ACCURACY OF PROVIDER DIRECTORY 
                   INFORMATION.

       ``(a) Provider Business Processes.--Beginning not later 
     than January 1, 2022, each health care provider and each 
     health care facility shall have in place business processes 
     to ensure the timely provision of provider directory 
     information to a group health plan or a health insurance 
     issuer offering group or individual health insurance coverage 
     to support compliance by such plans or issuers with section 
     2799A-5(a)(1), section 720(a)(1) of the Employee Retirement 
     Income Security Act of 1974, or section 9820(a)(1) of the 
     Internal Revenue Code of 1986, as applicable. Such providers 
     shall submit provider directory information to a plan or 
     issuers, at a minimum--
       ``(1) when the provider or facility begins a network 
     agreement with a plan or with an issuer with respect to 
     certain coverage;
       ``(2) when the provider or facility terminates a network 
     agreement with a plan or with an issuer with respect to 
     certain coverage;
       ``(3) when there are material changes to the content of 
     provider directory information of the provider or facility 
     described in section 2799A-5(a)(1), section 720(a)(1) of the 
     Employee Retirement Income Security Act of 1974, or section 
     9820(a)(1) of the Internal Revenue Code of 1986, as 
     applicable; and
       ``(4) at any other time (including upon the request of such 
     issuer or plan) determined appropriate by the provider, 
     facility, or the Secretary.
       ``(b) Refunds to Enrollees.--If a health care provider 
     submits a bill to an enrollee based on cost-sharing for 
     treatment or services provided by the health care provider 
     that is in excess of the normal cost-sharing applied for such 
     treatment or services provided in-network, as prohibited 
     under section 2799A-5(b), section 720(b) of the Employee 
     Retirement Income Security Act of 1974, or section 9820(b) of 
     the Internal Revenue Code of 1986, as applicable, and the 
     enrollee pays such bill, the provider shall reimburse the 
     enrollee for the full amount paid by the enrollee in excess 
     of the in-network cost-sharing amount for the treatment or 
     services involved, plus interest, at an interest rate 
     determined by the Secretary.
       ``(c) Limitation.--Nothing in this section shall prohibit a 
     provider from requiring in the terms of a contract, or 
     contract termination, with a group health plan or health 
     insurance issuer--
       ``(1) that the plan or issuer remove, at the time of 
     termination of such contract, the provider from a directory 
     of the plan or issuer described in section 2799A-5(a), 
     section 720(a) of the Employee Retirement Income Security Act 
     of 1974, or section 9820(a) of the Internal Revenue Code of 
     1986, as applicable; or
       ``(2) that the plan or issuer bear financial 
     responsibility, including under section 2799A-5(b), section 
     720(b) of the Employee Retirement Income Security Act of 
     1974, or section 9820(b) of the Internal Revenue Code of 
     1986, as applicable, for providing inaccurate network status 
     information to an enrollee.
       ``(d) Definition.--For purposes of this section, the term 
     `provider directory information' includes the names, 
     addresses, specialty, telephone numbers, and digital contact 
     information of individual health care providers, and the 
     names, addresses, telephone numbers, and digital contact 
     information of each medical group, clinic, or facility 
     contracted to participate in any of the networks of the group 
     health plan or health insurance coverage involved.
       ``(e) Rule of Construction.--Nothing in this section shall 
     be construed to preempt any provision of State law relating 
     to health care provider directories.''.

     SEC. 117. ADVISORY COMMITTEE ON GROUND AMBULANCE AND PATIENT 
                   BILLING.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary

[[Page H7771]]

     of Labor, Secretary of Health and Human Services, and the 
     Secretary of the Treasury (the Secretaries) shall jointly 
     establish an advisory committee for the purpose of reviewing 
     options to improve the disclosure of charges and fees for 
     ground ambulance services, better inform consumers of 
     insurance options for such services, and protect consumers 
     from balance billing.
       (b) Composition of the Advisory Committee.--The advisory 
     committee shall be composed of the following members:
       (1) The Secretary of Labor, or the Secretary's designee.
       (2) The Secretary of Health and Human Services, or the 
     Secretary's designee.
       (3) The Secretary of the Treasury, or the Secretary's 
     designee.
       (4) One representative, to be appointed jointly by the 
     Secretaries, for each of the following:
       (A) Each relevant Federal agency, as determined by the 
     Secretaries.
       (B) State insurance regulators.
       (C) Health insurance providers.
       (D) Patient advocacy groups.
       (E) Consumer advocacy groups.
       (F) State and local governments.
       (G) Physician specializing in emergency, trauma, cardiac, 
     or stroke.
       (H) State Emergency Medical Services Officials.
       (I) Emergency medical technicians, paramedics, and other 
     emergency medical services personnel.
       (5) Three representatives, to be appointed jointly by the 
     Secretaries, to represent the various segments of the ground 
     ambulance industry.
       (6) Up to an additional 2 representatives otherwise not 
     described in paragraphs (1) through (5), as determined 
     necessary and appropriate by the Secretaries.
       (c) Consultation.--The advisory committee shall, as 
     appropriate, consult with relevant experts and stakeholders, 
     including those not otherwise included under subsection (b), 
     while conducting the review described in subsection (a).
       (d) Recommendations.--The advisory committee shall make 
     recommendations with respect to disclosure of charges and 
     fees for ground ambulance services and insurance coverage, 
     consumer protection and enforcement authorities of the 
     Departments of Labor, Health and Human Services, and the 
     Treasury and State authorities, and the prevention of balance 
     billing to consumers. The recommendations shall address, at a 
     minimum--
       (1) options, best practices, and identified standards to 
     prevent instances of balance billing;
       (2) steps that can be taken by State legislatures, State 
     insurance regulators, State attorneys general, and other 
     State officials as appropriate, consistent with current legal 
     authorities regarding consumer protection; and
       (3) legislative options for Congress to prevent balance 
     billing.
       (e) Report.--Not later than 180 days after the date of the 
     first meeting of the advisory committee, the advisory 
     committee shall submit to the Secretaries, and the Committees 
     on Education and Labor, Energy and Commerce, and Ways and 
     Means of the House of Representatives and the Committees on 
     Finance and Health, Education, Labor, and Pensions a report 
     containing the recommendations made under subsection (d).

     SEC. 118. IMPLEMENTATION FUNDING.

       (a) In General.--For the purposes described in subsection 
     (b), there are appropriated, out of amounts in the Treasury 
     not otherwise appropriated, to the Secretary of Health and 
     Human Services, the Secretary of Labor, and the Secretary of 
     the Treasury, $500,000,000 for fiscal year 2021, to remain 
     available until expended through 2024.
       (b) Permitted Purposes.--The purposes described in this 
     subsection are limited to the following purposes, insofar as 
     such purposes are to carry out the provisions of, including 
     the amendments made by, this title and title II:
       (1) Preparing, drafting, and issuing proposed and final 
     regulations or interim regulations.
       (2) Preparing, drafting, and issuing guidance and public 
     information.
       (3) Preparing and holding public meetings.
       (4) Preparing, drafting, and publishing reports.
       (5) Enforcement of such provisions.
       (6) Reporting, collection, and analysis of data.
       (7) Establishment and initial implementation of the 
     processes for independent dispute resolution and 
     implementation of patient-provider dispute resolution under 
     such provisions.
       (8) Conducting audits.
       (9) Other administrative duties necessary for 
     implementation of such provisions.
       (c) Transparency of Implementation Funds.--Each Secretary 
     described in subsection (a) shall annually submit to the 
     Committees on Energy and Commerce, on Ways and Means, on 
     Education and Labor, and on Appropriations of the House of 
     Representatives and on the Committees on Health, Education, 
     Labor, and Pensions and on Appropriations of the Senate a 
     report on funds expended pursuant to funds appropriated under 
     this section.

                         TITLE II--TRANSPARENCY

     SEC. 201. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON 
                   PRICE AND QUALITY INFORMATION.

       (a) PHSA.--Part D of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg et seq.), as added and amended 
     by title I, is further amended by adding at the end the 
     following:

     ``SEC. 2799A-9. INCREASING TRANSPARENCY BY REMOVING GAG 
                   CLAUSES ON PRICE AND QUALITY INFORMATION.

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

     ``SEC. 724. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES 
                   ON PRICE AND QUALITY INFORMATION.

       ``(a) Increasing Price and Quality Transparency for Plan 
     Sponsors and Consumers.--
       ``(1) In general.--A group health plan (or an issuer of 
     health insurance coverage offered in connection with such a 
     plan) may not enter into an agreement with a health care 
     provider, network or association of providers, third-party 
     administrator, or other service provider offering access to a 
     network of providers that would directly or indirectly 
     restrict a group health plan or health insurance issuer 
     offering such coverage from--
       ``(A) providing provider-specific cost or quality of care 
     information or data, through a consumer engagement tool or 
     any other means, to referring providers, the plan sponsor, 
     participants or beneficiaries, or individuals eligible to 
     become participants or beneficiaries of the plan or coverage;
       ``(B) electronically accessing de-identified claims and 
     encounter information or data for each participant or 
     beneficiary in the plan or coverage, upon request and 
     consistent with the privacy regulations promulgated pursuant 
     to section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996, the

[[Page H7772]]

     amendments made by the Genetic Information Nondiscrimination 
     Act of 2008, and the Americans with Disabilities Act of 1990, 
     including, on a per claim basis--
       ``(i) financial information, such as the allowed amount, or 
     any other claim-related financial obligations included in the 
     provider contract;
       ``(ii) provider information, including name and clinical 
     designation;
       ``(iii) service codes; or
       ``(iv) any other data element included in claim or 
     encounter transactions; or
       ``(C) sharing information or data described in subparagraph 
     (A) or (B), or directing that such data be shared, with a 
     business associate as defined in section 160.103 of title 45, 
     Code of Federal Regulations (or successor regulations), 
     consistent with the privacy regulations promulgated pursuant 
     to section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996, the amendments made by the 
     Genetic Information Nondiscrimination Act of 2008, and the 
     Americans with Disabilities Act of 1990.
       ``(2) Clarification regarding public disclosure of 
     information.--Nothing in paragraph (1)(A) prevents a health 
     care provider, network or association of providers, or other 
     service provider from placing reasonable restrictions on the 
     public disclosure of the information described in such 
     paragraph (1).
       ``(3) Attestation.--A group health plan (or health 
     insurance coverage offered in connection with such a plan) 
     shall annually submit to the Secretary an attestation that 
     such plan or issuer of such coverage is in compliance with 
     the requirements of this subsection.
       ``(4) Rules of construction.--Nothing in this section shall 
     be construed to modify or eliminate existing privacy 
     protections and standards under State and Federal law. 
     Nothing in this subsection shall be construed to otherwise 
     limit access by a group health plan, plan sponsor, or health 
     insurance issuer to data as permitted under the privacy 
     regulations promulgated pursuant to section 264(c) of the 
     Health Insurance Portability and Accountability Act of 1996, 
     the amendments made by the Genetic Information 
     Nondiscrimination Act of 2008, and the Americans with 
     Disabilities Act of 1990.''.
       (c) IRC.--Subchapter B of chapter 100 of the Internal 
     Revenue Code of 1986, as amended by title I, is further 
     amended by adding at the end the following:

     ``SEC. 9824. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES 
                   ON PRICE AND QUALITY INFORMATION.

       ``(a) Increasing Price and Quality Transparency for Plan 
     Sponsors and Consumers.--
       ``(1) In general.--A group health plan may not enter into 
     an agreement with a health care provider, network or 
     association of providers, third-party administrator, or other 
     service provider offering access to a network of providers 
     that would directly or indirectly restrict a group health 
     plan from--
       ``(A) providing provider-specific cost or quality of care 
     information or data, through a consumer engagement tool or 
     any other means, to referring providers, the plan sponsor, 
     participants or beneficiaries, or individuals eligible to 
     become participants or beneficiaries of the plan;
       ``(B) electronically accessing de-identified claims and 
     encounter information or data for each participant or 
     beneficiary in the plan, upon request and consistent with the 
     privacy regulations promulgated pursuant to section 264(c) of 
     the Health Insurance Portability and Accountability Act of 
     1996, the amendments made by the Genetic Information 
     Nondiscrimination Act of 2008, and the Americans with 
     Disabilities Act of 1990, including, on a per claim basis--
       ``(i) financial information, such as the allowed amount, or 
     any other claim-related financial obligations included in the 
     provider contract;
       ``(ii) provider information, including name and clinical 
     designation;
       ``(iii) service codes; or
       ``(iv) any other data element included in claim or 
     encounter transactions; or
       ``(C) sharing information or data described in subparagraph 
     (A) or (B), or directing that such data be shared, with a 
     business associate as defined in section 160.103 of title 45, 
     Code of Federal Regulations (or successor regulations), 
     consistent with the privacy regulations promulgated pursuant 
     to section 264(c) of the Health Insurance Portability and 
     Accountability Act of 1996, the amendments made by the 
     Genetic Information Nondiscrimination Act of 2008, and the 
     Americans with Disabilities Act of 1990.
       ``(2) Clarification regarding public disclosure of 
     information.--Nothing in paragraph (1)(A) prevents a health 
     care provider, network or association of providers, or other 
     service provider from placing reasonable restrictions on the 
     public disclosure of the information described in such 
     paragraph (1).
       ``(3) Attestation.--A group health plan shall annually 
     submit to the Secretary an attestation that such plan is in 
     compliance with the requirements of this subsection.
       ``(4) Rules of construction.--Nothing in this section shall 
     be construed to modify or eliminate existing privacy 
     protections and standards under State and Federal law. 
     Nothing in this subsection shall be construed to otherwise 
     limit access by a group health plan or plan sponsor to data 
     as permitted under the privacy regulations promulgated 
     pursuant to section 264(c) of the Health Insurance 
     Portability and Accountability Act of 1996, the amendments 
     made by the Genetic Information Nondiscrimination Act of 
     2008, and the Americans with Disabilities Act of 1990.''.
       (d) Clerical Amendments.--
       (1) ERISA.--The table of contents in section 1 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), as amended by title I, is further amended by 
     inserting after the item relating to section 723 the 
     following new item:

``Sec. 724. Increasing transparency by removing gag clauses on price 
              and quality information.''.
       (2) IRC.--The table of sections for subchapter B of chapter 
     100 of the Internal Revenue Code of 1986, as amended by title 
     I, is further amended by adding at the end the following new 
     item:

``Sec. 9824. Increasing transparency by removing gag clauses on price 
              and quality information.''.

     SEC. 202. DISCLOSURE OF DIRECT AND INDIRECT COMPENSATION FOR 
                   BROKERS AND CONSULTANTS TO EMPLOYER-SPONSORED 
                   HEALTH PLANS AND ENROLLEES IN PLANS ON THE 
                   INDIVIDUAL MARKET.

       (a) Group Health Plans.--Section 408(b)(2) of the Employee 
     Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) 
     is amended--
       (1) by striking ``(2) Contracting or making'' and inserting 
     ``(2)(A) Contracting or making''; and
       (2) by adding at the end the following:
       ``(B)(i) No contract or arrangement for services between a 
     covered plan and a covered service provider, and no extension 
     or renewal of such a contract or arrangement, is reasonable 
     within the meaning of this paragraph unless the requirements 
     of this clause are met.
       ``(ii)(I) For purposes of this subparagraph:
       ``(aa) The term `covered plan' means a group health plan as 
     defined section 733(a).
       ``(bb) The term `covered service provider' means a service 
     provider that enters into a contract or arrangement with the 
     covered plan and reasonably expects $1,000 (or such amount as 
     the Secretary may establish in regulations to account for 
     inflation since the date of enactment of the Consolidated 
     Appropriations Act, 2021, as appropriate) or more in 
     compensation, direct or indirect, to be received in 
     connection with providing one or more of the following 
     services, pursuant to the contract or arrangement, regardless 
     of whether such services will be performed, or such 
     compensation received, by the covered service provider, an 
     affiliate, or a subcontractor:
       ``(AA) Brokerage services, for which the covered service 
     provider, an affiliate, or a subcontractor reasonably expects 
     to receive indirect compensation or direct compensation 
     described in item (dd), provided to a covered plan with 
     respect to selection of insurance products (including vision 
     and dental), recordkeeping services, medical management 
     vendor, benefits administration (including vision and 
     dental), stop-loss insurance, pharmacy benefit management 
     services, wellness services, transparency tools and vendors, 
     group purchasing organization preferred vendor panels, 
     disease management vendors and products, compliance services, 
     employee assistance programs, or third party administration 
     services.
       ``(BB) Consulting, for which the covered service provider, 
     an affiliate, or a subcontractor reasonably expects to 
     receive indirect compensation or direct compensation 
     described in item (dd), related to the development or 
     implementation of plan design, insurance or insurance product 
     selection (including vision and dental), recordkeeping, 
     medical management, benefits administration selection 
     (including vision and dental), stop-loss insurance, pharmacy 
     benefit management services, wellness design and management 
     services, transparency tools, group purchasing organization 
     agreements and services, participation in and services from 
     preferred vendor panels, disease management, compliance 
     services, employee assistance programs, or third party 
     administration services.
       ``(cc) The term `affiliate', with respect to a covered 
     service provider, means an entity that directly or indirectly 
     (through one or more intermediaries) controls, is controlled 
     by, or is under common control with, such provider, or is an 
     officer, director, or employee of, or partner in, such 
     provider.
       ``(dd)(AA) The term `compensation' means anything of 
     monetary value, but does not include non-monetary 
     compensation valued at $250 (or such amount as the Secretary 
     may establish in regulations to account for inflation since 
     the date of enactment of the Consolidated Appropriations Act, 
     2021, as appropriate) or less, in the aggregate, during the 
     term of the contract or arrangement.
       ``(BB) The term `direct compensation' means compensation 
     received directly from a covered plan.
       ``(CC) The term `indirect compensation' means compensation 
     received from any source other than the covered plan, the 
     plan sponsor, the covered service provider, or an affiliate. 
     Compensation received from a subcontractor is indirect 
     compensation, unless it is received in connection with 
     services performed under a contract or arrangement with a 
     subcontractor.
       ``(ee) The term `responsible plan fiduciary' means a 
     fiduciary with authority to cause the covered plan to enter 
     into, or extend or renew, the contract or arrangement.
       ``(ff) The term `subcontractor' means any person or entity 
     (or an affiliate of such person or entity) that is not an 
     affiliate of the covered service provider and that, pursuant 
     to a contract or arrangement with the covered service 
     provider or an affiliate, reasonably expects to receive 
     $1,000 (or such amount as the Secretary may establish in 
     regulations to account for inflation since the date of 
     enactment of the Consolidated Appropriations Act, 2021, as 
     appropriate) or more in compensation for performing one or 
     more services described in item (bb) under a contract or 
     arrangement with the covered plan.
       ``(II) For purposes of this subparagraph, a description of 
     compensation or cost may be expressed as a monetary amount, 
     formula, or a per

[[Page H7773]]

     capita charge for each enrollee or, if the compensation or 
     cost cannot reasonably be expressed in such terms, by any 
     other reasonable method, including a disclosure that 
     additional compensation may be earned but may not be 
     calculated at the time of contract if such a disclosure 
     includes a description of the circumstances under which the 
     additional compensation may be earned and a reasonable and 
     good faith estimate if the covered service provider cannot 
     otherwise readily describe compensation or cost and explains 
     the methodology and assumptions used to prepare such 
     estimate. Any such description shall contain sufficient 
     information to permit evaluation of the reasonableness of the 
     compensation or cost.
       ``(III) No person or entity is a `covered service provider' 
     within the meaning of subclause (I)(bb) solely on the basis 
     of providing services as an affiliate or a subcontractor that 
     is performing one or more of the services described in 
     subitem (AA) or (BB) of such subclause under the contract or 
     arrangement with the covered plan.
       ``(iii) A covered service provider shall disclose to a 
     responsible plan fiduciary, in writing, the following:
       ``(I) A description of the services to be provided to the 
     covered plan pursuant to the contract or arrangement.
       ``(II) If applicable, a statement that the covered service 
     provider, an affiliate, or a subcontractor will provide, or 
     reasonably expects to provide, services pursuant to the 
     contract or arrangement directly to the covered plan as a 
     fiduciary (within the meaning of section 3(21)).
       ``(III) A description of all direct compensation, either in 
     the aggregate or by service, that the covered service 
     provider, an affiliate, or a subcontractor reasonably expects 
     to receive in connection with the services described in 
     subclause (I).
       ``(IV)(aa) A description of all indirect compensation that 
     the covered service provider, an affiliate, or a 
     subcontractor reasonably expects to receive in connection 
     with the services described in subclause (I)--
       ``(AA) including compensation from a vendor to a brokerage 
     firm based on a structure of incentives not solely related to 
     the contract with the covered plan; and
       ``(BB) not including compensation received by an employee 
     from an employer on account of work performed by the 
     employee.
       ``(bb) A description of the arrangement between the payer 
     and the covered service provider, an affiliate, or a 
     subcontractor, as applicable, pursuant to which such indirect 
     compensation is paid.
       ``(cc) Identification of the services for which the 
     indirect compensation will be received, if applicable.
       ``(dd) Identification of the payer of the indirect 
     compensation.
       ``(V) A description of any compensation that will be paid 
     among the covered service provider, an affiliate, or a 
     subcontractor, in connection with the services described in 
     subclause (I) if such compensation is set on a transaction 
     basis (such as commissions, finder's fees, or other similar 
     incentive compensation based on business placed or retained), 
     including identification of the services for which such 
     compensation will be paid and identification of the payers 
     and recipients of such compensation (including the status of 
     a payer or recipient as an affiliate or a subcontractor), 
     regardless of whether such compensation also is disclosed 
     pursuant to subclause (III) or (IV).
       ``(VI) A description of any compensation that the covered 
     service provider, an affiliate, or a subcontractor reasonably 
     expects to receive in connection with termination of the 
     contract or arrangement, and how any prepaid amounts will be 
     calculated and refunded upon such termination.
       ``(iv) A covered service provider shall disclose to a 
     responsible plan fiduciary, in writing a description of the 
     manner in which the compensation described in clause (iii), 
     as applicable, will be received.
       ``(v)(I) A covered service provider shall disclose the 
     information required under clauses (iii) and (iv) to the 
     responsible plan fiduciary not later than the date that is 
     reasonably in advance of the date on which the contract or 
     arrangement is entered into, and extended or renewed.
       ``(II) A covered service provider shall disclose any change 
     to the information required under clause (iii) and (iv) as 
     soon as practicable, but not later than 60 days from the date 
     on which the covered service provider is informed of such 
     change, unless such disclosure is precluded due to 
     extraordinary circumstances beyond the covered service 
     provider's control, in which case the information shall be 
     disclosed as soon as practicable.
       ``(vi)(I) Upon the written request of the responsible plan 
     fiduciary or covered plan administrator, a covered service 
     provider shall furnish any other information relating to the 
     compensation received in connection with the contract or 
     arrangement that is required for the covered plan to comply 
     with the reporting and disclosure requirements under this 
     Act.
       ``(II) The covered service provider shall disclose the 
     information required under clause (iii)(I) reasonably in 
     advance of the date upon which such responsible plan 
     fiduciary or covered plan administrator states that it is 
     required to comply with the applicable reporting or 
     disclosure requirement, unless such disclosure is precluded 
     due to extraordinary circumstances beyond the covered service 
     provider's control, in which case the information shall be 
     disclosed as soon as practicable.
       ``(vii) No contract or arrangement will fail to be 
     reasonable under this subparagraph solely because the covered 
     service provider, acting in good faith and with reasonable 
     diligence, makes an error or omission in disclosing the 
     information required pursuant to clause (iii) (or a change to 
     such information disclosed pursuant to clause (v)(II)) or 
     clause (vi), provided that the covered service provider 
     discloses the correct information to the responsible plan 
     fiduciary as soon as practicable, but not later than 30 days 
     from the date on which the covered service provider knows of 
     such error or omission.
       ``(viii)(I) Pursuant to subsection (a), subparagraphs (C) 
     and (D) of section 406(a)(1) shall not apply to a responsible 
     plan fiduciary, notwithstanding any failure by a covered 
     service provider to disclose information required under 
     clause (iii), if the following conditions are met:
       ``(aa) The responsible plan fiduciary did not know that the 
     covered service provider failed or would fail to make 
     required disclosures and reasonably believed that the covered 
     service provider disclosed the information required to be 
     disclosed.
       ``(bb) The responsible plan fiduciary, upon discovering 
     that the covered service provider failed to disclose the 
     required information, requests in writing that the covered 
     service provider furnish such information.
       ``(cc) If the covered service provider fails to comply with 
     a written request described in subclause (II) within 90 days 
     of the request, the responsible plan fiduciary notifies the 
     Secretary of the covered service provider's failure, in 
     accordance with subclauses (II) and (III).
       ``(II) A notice described in subclause (I)(cc) shall 
     contain--
       ``(aa) the name of the covered plan;
       ``(bb) the plan number used for the annual report on the 
     covered plan;
       ``(cc) the plan sponsor's name, address, and employer 
     identification number;
       ``(dd) the name, address, and telephone number of the 
     responsible plan fiduciary;
       ``(ee) the name, address, phone number, and, if known, 
     employer identification number of the covered service 
     provider;
       ``(ff) a description of the services provided to the 
     covered plan;
       ``(gg) a description of the information that the covered 
     service provider failed to disclose;
       ``(hh) the date on which such information was requested in 
     writing from the covered service provider; and
       ``(ii) a statement as to whether the covered service 
     provider continues to provide services to the plan.
       ``(III) A notice described in subclause (I)(cc) shall be 
     filed with the Department not later than 30 days following 
     the earlier of--
       ``(aa) The covered service provider's refusal to furnish 
     the information requested by the written request described in 
     subclause (I)(bb); or
       ``(bb) 90 days after the written request referred to in 
     subclause (I)(cc) is made.
       ``(IV) If the covered service provider fails to comply with 
     the written request under subclause (I)(bb) within 90 days of 
     such request, the responsible plan fiduciary shall determine 
     whether to terminate or continue the contract or arrangement 
     under section 404. If the requested information relates to 
     future services and is not disclosed promptly after the end 
     of the 90-day period, the responsible plan fiduciary shall 
     terminate the contract or arrangement as expeditiously as 
     possible, consistent with such duty of prudence.
       ``(ix) Nothing in this subparagraph shall be construed to 
     supersede any provision of State law that governs disclosures 
     by parties that provide the services described in this 
     section, except to the extent that such law prevents the 
     application of a requirement of this section.''.
       (b) Applicability of Existing Regulations.--Nothing in the 
     amendments made by subsection (a) shall be construed to 
     affect the applicability of section 2550.408b-2 of title 29, 
     Code of Federal Regulations (or any successor regulations), 
     with respect to any applicable entity other than a covered 
     plan or a covered service provider (as defined in section 
     408(b)(2)(B)(ii) of the Employee Retirement Income Security 
     Act of 1974, as amended by subsection (a)).
       (c) Individual Market Coverage.--Subpart 1 of part B of 
     title XXVII of the Public Health Service Act (42 U.S.C. 
     300gg-41 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 2746. DISCLOSURE TO ENROLLEES OF INDIVIDUAL MARKET 
                   COVERAGE.

       ``(a) In General.--A health insurance issuer offering 
     individual health insurance coverage or a health insurance 
     issuer offering short-term limited duration insurance 
     coverage shall make disclosures to enrollees in such 
     coverage, as described in subsection (b), and reports to the 
     Secretary, as described in subsection (c), regarding direct 
     or indirect compensation provided by the issuer to an agent 
     or broker associated with enrolling individuals in such 
     coverage.
       ``(b) Disclosure.--A health insurance issuer described in 
     subsection (a) shall disclose to an enrollee the amount of 
     direct or indirect compensation provided to an agent or 
     broker for services provided by such agent or broker 
     associated with plan selection and enrollment. Such 
     disclosure shall be--
       ``(1) made prior to the individual finalizing plan 
     selection; and
       ``(2) included on any documentation confirming the 
     individual's enrollment.
       ``(c) Reporting.--A health insurance issuer described in 
     subsection (a) shall annually report to the Secretary, prior 
     to the beginning of open enrollment, any direct or indirect 
     compensation provided to an agent or broker associated with 
     enrolling individuals in such coverage.
       ``(d) Rulemaking.--Not later than 1 year after the date of 
     enactment of the Consolidated Appropriations Act, 2021, the 
     Secretary shall finalize, through notice-and-comment 
     rulemaking, the timing, form, and manner in which issuers 
     described in subsection (a) are required to make the 
     disclosures described in subsection (b) and the reports 
     described in subsection (c). Such rulemaking may also include 
     adjustments to notice requirements to reflect the different

[[Page H7774]]

     processes for plan renewals, in order to provide enrollees 
     with full, timely information.''.
       (d) Transition Rule.--No contract executed prior to the 
     effective date described in subsection (e) by a group health 
     plan subject to the requirements of section 408(b)(2)(B) of 
     the Employee Retirement Income Security Act of 1974 (as 
     amended by subsection (a)) or by a health insurance issuer 
     subject to the requirements of section 2746 of the Public 
     Health Service Act (as added by subsection (c)) shall be 
     subject to the requirements of such section 408(b)(2)(B) or 
     such section 2746, as applicable.
       (e) Application.--The amendments made by subsections (a) 
     and (c) shall apply beginning 1 year after the date of 
     enactment of this Act.

     SEC. 203. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE 
                   USE DISORDER BENEFITS.

       (a) In General.--
       (1) PHSA.--Section 2726(a) of the Public Health Service Act 
     (42 U.S.C. 300gg-26(a)) is amended by adding at the end the 
     following:
       ``(8) Compliance requirements.--
       ``(A) Nonquantitative treatment limitation (nqtl) 
     requirements.--In the case of a group health plan or a health 
     insurance issuer offering group or individual health 
     insurance coverage that provides both medical and surgical 
     benefits and mental health or substance use disorder benefits 
     and that imposes nonquantitative treatment limitations 
     (referred to in this section as `NQTLs') on mental health or 
     substance use disorder benefits, such plan or issuer shall 
     perform and document comparative analyses of the design and 
     application of NQTLs and, beginning 45 days after the date of 
     enactment of the Consolidated Appropriations Act, 2021, make 
     available to the applicable State authority (or, as 
     applicable, to the Secretary of Labor or the Secretary of 
     Health and Human Services), upon request, the comparative 
     analyses and the following information:
       ``(i) The specific plan or coverage terms or other relevant 
     terms regarding the NQTLs and a description of all mental 
     health or substance use disorder and medical or surgical 
     benefits to which each such term applies in each respective 
     benefits classification.
       ``(ii) The factors used to determine that the NQTLs will 
     apply to mental health or substance use disorder benefits and 
     medical or surgical benefits.
       ``(iii) The evidentiary standards used for the factors 
     identified in clause (ii), when applicable, provided that 
     every factor shall be defined, and any other source or 
     evidence relied upon to design and apply the NQTLs to mental 
     health or substance use disorder benefits and medical or 
     surgical benefits.
       ``(iv) The comparative analyses demonstrating that the 
     processes, strategies, evidentiary standards, and other 
     factors used to apply the NQTLs to mental health or substance 
     use disorder benefits, as written and in operation, are 
     comparable to, and are applied no more stringently than, the 
     processes, strategies, evidentiary standards, and other 
     factors used to apply the NQTLs to medical or surgical 
     benefits in the benefits classification.
       ``(v) The specific findings and conclusions reached by the 
     group health plan or health insurance issuer with respect to 
     the health insurance coverage, including any results of the 
     analyses described in this subparagraph that indicate that 
     the plan or coverage is or is not in compliance with this 
     section.
       ``(B) Secretary request process.--
       ``(i) Submission upon request.--The Secretary shall request 
     that a group health plan or a health insurance issuer 
     offering group or individual health insurance coverage submit 
     the comparative analyses described in subparagraph (A) for 
     plans that involve potential violations of this section or 
     complaints regarding noncompliance with this section that 
     concern NQTLs and any other instances in which the Secretary 
     determines appropriate. The Secretary shall request not fewer 
     than 20 such analyses per year.
       ``(ii) Additional information.--In instances in which the 
     Secretary has concluded that the group health plan or health 
     insurance issuer with respect to health insurance coverage 
     has not submitted sufficient information for the Secretary to 
     review the comparative analyses described in subparagraph 
     (A), as requested under clause (i), the Secretary shall 
     specify to the plan or issuer the information the plan or 
     issuer must submit to be responsive to the request under 
     clause (i) for the Secretary to review the comparative 
     analyses described in subparagraph (A) for compliance with 
     this section. Nothing in this paragraph shall require the 
     Secretary to conclude that a group health plan or health 
     insurance issuer is in compliance with this section solely 
     based upon the inspection of the comparative analyses 
     described in subparagraph (A), as requested under clause (i).
       ``(iii) Required action.--

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

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

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

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

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

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

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

[[Page H7775]]

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

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

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

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

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

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

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

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

       ``(iii) examples of sources of information that may serve 
     as evidentiary standards for the purposes of making 
     determinations regarding the development and application of 
     nonquantitative treatment limitations;
       ``(iv) examples of specific factors, and the evidentiary 
     standards used to evaluate such factors, used by such plans 
     or issuers in performing a nonquantitative treatment 
     limitation analysis;
       ``(v) examples of how specific evidentiary standards may be 
     used to determine whether treatments are considered 
     experimental or investigative;
       ``(vi) examples of how specific evidentiary standards may 
     be applied to each service category or classification of 
     benefits;
       ``(vii) examples of methods of reaching appropriate 
     coverage determinations for new mental health or substance 
     use disorder treatments, such as evidence-based early 
     intervention programs for individuals with a serious mental 
     illness and types of medical management techniques;
       ``(viii) examples of methods of reaching appropriate 
     coverage determinations for which there is an indirect 
     relationship between the covered mental health or substance 
     use disorder benefit and a traditional covered medical and 
     surgical benefit, such as residential treatment or 
     hospitalizations involving voluntary or involuntary 
     commitment; and
       ``(ix) additional illustrative examples of methods, 
     processes, strategies, evidentiary standards, and other 
     factors for which the Secretary determines that additional 
     guidance is necessary to improve compliance with this 
     section, section 2726 of the Public Health Service Act, or 
     section 9812 of the Internal Revenue Code of 1986, as 
     applicable.
       ``(D) Public comment.--Prior to issuing any final guidance 
     under this paragraph, the Secretary shall provide a public 
     comment period of not less than 60 days during which any 
     member of the public may provide comments on a draft of the 
     guidance.
       ``(8) Compliance requirements.--
       ``(A) Nonquantitative treatment limitation (nqtl) 
     requirements.--In the case of a group health plan or a health 
     insurance issuer offering group health insurance coverage 
     that provides both medical and surgical benefits and mental 
     health or substance use disorder benefits and that imposes 
     nonquantitative treatment limitations (referred to in this 
     section as `NQTLs') on mental health or substance use 
     disorder benefits, such plan or issuer shall perform and 
     document comparative analyses of the design and application 
     of NQTLs and, beginning 45 days after the date of enactment 
     of the Consolidated Appropriations Act, 2021, make available 
     to the Secretary, upon request, the comparative analyses and 
     the following information:
       ``(i) The specific plan or coverage terms or other relevant 
     terms regarding the NQTLs, that applies to such plan or 
     coverage, and a description of all mental health or substance 
     use disorder and medical or surgical benefits to which each 
     such term applies in each respective benefits classification.
       ``(ii) The factors used to determine that the NQTLs will 
     apply to mental health or substance use disorder benefits and 
     medical or surgical benefits.
       ``(iii) The evidentiary standards used for the factors 
     identified in clause (ii), when applicable, provided that 
     every factor shall be defined, and any other source or 
     evidence relied upon to design and apply the NQTLs to mental 
     health or substance use disorder benefits and medical or 
     surgical benefits.
       ``(iv) The comparative analyses demonstrating that the 
     processes, strategies, evidentiary standards, and other 
     factors used to apply the NQTLs to mental health or substance 
     use disorder benefits, as written and in operation, are 
     comparable to, and are applied no more stringently than, the 
     processes, strategies, evidentiary standards, and other 
     factors used to apply the NQTLs to medical or surgical 
     benefits in the benefits classification.
       ``(v) The specific findings and conclusions reached by the 
     group health plan or health insurance issuer with respect to 
     the health insurance coverage, including any results of the 
     analyses described in this subparagraph that indicate that 
     the plan or coverage is or is not in compliance with this 
     section.
       ``(B) Secretary request process.--
       ``(i) Submission upon request.--The Secretary shall request 
     that a group health plan or a health insurance issuer 
     offering group health insurance coverage submit the 
     comparative analyses described in subparagraph (A) for plans 
     that involve potential violations of this

[[Page H7776]]

     section or complaints regarding noncompliance with this 
     section that concern NQTLs and any other instances in which 
     the Secretary determines appropriate. The Secretary shall 
     request not fewer than 20 such analyses per year.
       ``(ii) Additional information.--In instances in which the 
     Secretary has concluded that the group health plan or health 
     insurance issuer with respect to group health insurance 
     coverage has not submitted sufficient information for the 
     Secretary to review the comparative analyses described in 
     subparagraph (A), as requested under clause (i), the 
     Secretary shall specify to the plan or issuer the information 
     the plan or issuer must submit to be responsive to the 
     request under clause (i) for the Secretary to review the 
     comparative analyses described in subparagraph (A) for 
     compliance with this section. Nothing in this paragraph shall 
     require the Secretary to conclude that a group health plan or 
     health insurance issuer is in compliance with this section 
     solely based upon the inspection of the comparative analyses 
     described in subparagraph (A), as requested under clause (i).
       ``(iii) Required action.--

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

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

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

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

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

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

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

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

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

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

[[Page H7777]]

     under this paragraph shall include clarifying information and 
     illustrative examples of methods that group health plans may 
     use to provide any participant, beneficiary, contracting 
     provider, or authorized representative, as applicable, with 
     documents containing information that the health plans are 
     required to disclose to participants, beneficiaries, 
     contracting providers, or authorized representatives to 
     ensure compliance with this section, section 2726 of the 
     Public Health Service Act, or section 712 of the Employee 
     Retirement Income Security Act of 1974, as applicable, 
     compliance with any regulation issued pursuant to such 
     respective section, or compliance with any other applicable 
     law or regulation. Such guidance shall include information 
     that is comparative in nature with respect to--

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

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

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

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

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

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

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

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

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

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

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

       ``(C) Compliance program guidance document update 
     process.--
       ``(i) In general.--The Secretary shall include instances of 
     noncompliance that the Secretary discovers upon reviewing the 
     comparative analyses requested under subparagraph (B)(i) in 
     the compliance program guidance document described in 
     paragraph (6), as it is updated every 2 years, except that 
     such instances shall not disclose any protected health 
     information or individually identifiable information.
       ``(ii) Guidance and regulations.--Not later than 18 months 
     after the date of enactment of this paragraph, the Secretary 
     shall finalize any

[[Page H7778]]

     draft or interim guidance and regulations relating to mental 
     health parity under this section. Such draft guidance shall 
     include guidance to clarify the process and timeline for 
     current and potential participants and beneficiaries (and 
     authorized representatives and health care providers of such 
     participants and beneficiaries) with respect to plans to file 
     complaints of such plans being in violation of this section, 
     including guidance, by plan type, on the relevant State, 
     regional, or national office with which such complaints 
     should be filed.
       ``(iii) State.--The Secretary shall share information on 
     findings of compliance and noncompliance discovered upon 
     reviewing the comparative analyses requested under 
     subparagraph (B)(i) shall be shared with the State where the 
     group health plan is located, in accordance with paragraph 
     (6)(B)(iii)(II).''.
       (4) Medicaid and chip compliance.--
       (A) Medicaid managed care organizations.--Section 
     1932(b)(8) of the Social Security Act (42 U.S.C. 1396u-
     2(b)(8)) is amended by adding at the end the following new 
     sentence: ``In applying the previous sentence with respect to 
     requirements under paragraph (8) of section 2726(a) of the 
     Public Health Service Act, a Medicaid managed care 
     organization (or a prepaid inpatient health plan (as defined 
     by the Secretary) or prepaid ambulatory health plan (as 
     defined by the Secretary) that offers services to enrollees 
     of a Medicaid managed care organization) shall be treated as 
     in compliance with such requirements if the Medicaid managed 
     care organization (or prepaid inpatient health plan or 
     prepaid ambulatory health plan) is in compliance with subpart 
     K of part 438 of title 42, Code of Federal Regulations, and 
     section 438.3(n) of such title, or any successor 
     regulation.''.
       (B) Other benchmark benefit packages or benchmark 
     equivalent coverage.--Section 1937(b)(6)(A) of such Act (42 
     U.S.C. 1396u-7(b)(6)(A)) is amended--
       (i) by striking ``section 2705(a)'' and inserting ``section 
     2726(a)''; and
       (ii) by adding at the end the following new sentence: ``In 
     applying the previous sentence with respect to requirements 
     under paragraph (8) of section 2726(a) of the Public Health 
     Service Act, a benchmark benefit package or benchmark 
     equivalent coverage described in such sentence shall be 
     treated as in compliance with such requirements if the State 
     plan under this title or the benchmark benefit package or 
     benefit equivalent coverage, as applicable, is in compliance 
     with subpart C of part 440 of title 42, Code of Federal 
     Regulations, or any successor regulation.''.
       (C) State child health plans.--Section 2103(c)(7)(A) of the 
     Social Security Act (42 U.S.C. 1397cc(c)(7)(A)) is amended--
       (i) by striking ``section 2705(a)'' and inserting ``section 
     2726(a)''; and
       (ii) by adding at the end the following new sentence: ``In 
     applying the previous sentence with respect to requirements 
     under paragraph (8) of section 2726(a) of the Public Health 
     Service Act, a State child health plan described in such 
     sentence shall be treated as in compliance with such 
     requirements if the State child health plan is in compliance 
     with section 457.496 of title 42, Code of Federal 
     Regulations, or any successor regulation.''.
       (b) Guidance.--The Secretary of Health and Human Services, 
     jointly with the Secretary of Labor and the Secretary of the 
     Treasury, shall issue guidance to carry out the amendments 
     made by paragraphs (1), (2), and (3) of subsection (a).

     SEC. 204. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

       (a) PHSA.--Part D of title XXVII of the Public Health 
     Service Act (42 U.S.C. 300gg et seq.), as amended by section 
     201, is further amended by adding at the end the following:

     ``SEC. 2799A-10. REPORTING ON PHARMACY BENEFITS AND DRUG 
                   COSTS.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Consolidated Appropriations Act, 2021, and 
     not later than June 1 of each year thereafter, a group health 
     plan or health insurance issuer offering group or individual 
     health insurance coverage (except for a church plan) shall 
     submit to the Secretary, the Secretary of Labor, and the 
     Secretary of the Treasury the following information with 
     respect to the health plan or coverage in the previous plan 
     year:
       ``(1) The beginning and end dates of the plan year.
       ``(2) The number of enrollees.
       ``(3) Each State in which the plan or coverage is offered.
       ``(4) The 50 brand prescription drugs most frequently 
     dispensed by pharmacies for claims paid by the plan or 
     coverage, and the total number of paid claims for each such 
     drug.
       ``(5) The 50 most costly prescription drugs with respect to 
     the plan or coverage by total annual spending, and the annual 
     amount spent by the plan or coverage for each such drug.
       ``(6) The 50 prescription drugs with the greatest increase 
     in plan expenditures over the plan year preceding the plan 
     year that is the subject of the report, and, for each such 
     drug, the change in amounts expended by the plan or coverage 
     in each such plan year.
       ``(7) Total spending on health care services by such group 
     health plan or health insurance coverage, broken down by--
       ``(A) the type of costs, including--
       ``(i) hospital costs;
       ``(ii) health care provider and clinical service costs, for 
     primary care and specialty care separately;
       ``(iii) costs for prescription drugs; and
       ``(iv) other medical costs, including wellness services; 
     and
       ``(B) spending on prescription drugs by--
       ``(i) the health plan or coverage; and
       ``(ii) the enrollees.
       ``(8) The average monthly premium--
       ``(A) paid by employers on behalf of enrollees, as 
     applicable; and
       ``(B) paid by enrollees.
       ``(9) Any impact on premiums by rebates, fees, and any 
     other remuneration paid by drug manufacturers to the plan or 
     coverage or its administrators or service providers, with 
     respect to prescription drugs prescribed to enrollees in the 
     plan or coverage, including--
       ``(A) the amounts so paid for each therapeutic class of 
     drugs; and
       ``(B) the amounts so paid for each of the 25 drugs that 
     yielded the highest amount of rebates and other remuneration 
     under the plan or coverage from drug manufacturers during the 
     plan year.
       ``(10) Any reduction in premiums and out-of-pocket costs 
     associated with rebates, fees, or other remuneration 
     described in paragraph (9).
       ``(b) Report.--Not later than 18 months after the date on 
     which the first report is required under subsection (a) and 
     biannually thereafter, the Secretary, acting through the 
     Assistant Secretary of Planning and Evaluation and in 
     coordination with the Inspector General of the Department of 
     Health and Human Services, shall make available on the 
     internet website of the Department of Health and Human 
     Services a report on prescription drug reimbursements under 
     group health plans and group and individual health insurance 
     coverage, prescription drug pricing trends, and the role of 
     prescription drug costs in contributing to premium increases 
     or decreases under such plans or coverage, aggregated in such 
     a way as no drug or plan specific information will be made 
     public.
       ``(c) Privacy Protections.--No confidential or trade secret 
     information submitted to the Secretary under subsection (a) 
     shall be included in the report under subsection (b).''.
       (b) ERISA.--Subpart B of part 7 of subtitle B of title I of 
     the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1185 et seq.), as amended by section 201, is further 
     amended by adding at the end the following:

     ``SEC. 725. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Consolidated Appropriations Act, 2021, and 
     not later than June 1 of each year thereafter, a group health 
     plan (or health insurance coverage offered in connection with 
     such a plan) shall submit to the Secretary, the Secretary of 
     Health and Human Services, and the Secretary of the Treasury 
     the following information with respect to the health plan or 
     coverage in the previous plan year:
       ``(1) The beginning and end dates of the plan year.
       ``(2) The number of participants and beneficiaries.
       ``(3) Each State in which the plan or coverage is offered.
       ``(4) The 50 brand prescription drugs most frequently 
     dispensed by pharmacies for claims paid by the plan or 
     coverage, and the total number of paid claims for each such 
     drug.
       ``(5) The 50 most costly prescription drugs with respect to 
     the plan or coverage by total annual spending, and the annual 
     amount spent by the plan or coverage for each such drug.
       ``(6) The 50 prescription drugs with the greatest increase 
     in plan expenditures over the plan year preceding the plan 
     year that is the subject of the report, and, for each such 
     drug, the change in amounts expended by the plan or coverage 
     in each such plan year.
       ``(7) Total spending on health care services by such group 
     health plan or health insurance coverage, broken down by--
       ``(A) the type of costs, including--
       ``(i) hospital costs;
       ``(ii) health care provider and clinical service costs, for 
     primary care and specialty care separately;
       ``(iii) costs for prescription drugs; and
       ``(iv) other medical costs, including wellness services; 
     and
       ``(B) spending on prescription drugs by--
       ``(i) the health plan or coverage; and
       ``(ii) the participants and beneficiaries.
       ``(8) The average monthly premium--
       ``(A) paid by employers on behalf of participants and 
     beneficiaries, as applicable; and
       ``(B) paid by participants and beneficiaries.
       ``(9) Any impact on premiums by rebates, fees, and any 
     other remuneration paid by drug manufacturers to the plan or 
     coverage or its administrators or service providers, with 
     respect to prescription drugs prescribed to participants or 
     beneficiaries in the plan or coverage, including--
       ``(A) the amounts so paid for each therapeutic class of 
     drugs; and
       ``(B) the amounts so paid for each of the 25 drugs that 
     yielded the highest amount of rebates and other remuneration 
     under the plan or coverage from drug manufacturers during the 
     plan year.
       ``(10) Any reduction in premiums and out-of-pocket costs 
     associated with rebates, fees, or other remuneration 
     described in paragraph (9).
       ``(b) Report.--Not later than 18 months after the date on 
     which the first report is required under subsection (a) and 
     biannually thereafter, the Secretary, acting in coordination 
     with the Inspector General of the Department of Labor, shall 
     make available on the internet website of the Department of 
     Labor a report on prescription drug reimbursements under 
     group health plans (or health insurance coverage offered in 
     connection with such a plan), prescription drug pricing 
     trends, and the role of prescription drug costs in 
     contributing to premium increases or decreases under such 
     plans or coverage, aggregated in such a way as no drug or 
     plan specific information will be made public.
       ``(c) Privacy Protections.--No confidential or trade secret 
     information submitted to the Secretary under subsection (a) 
     shall be included in the report under subsection (b).''.
       (c) IRC.--Subchapter B of chapter 100 of the Internal 
     Revenue Code of 1986, as amended by

[[Page H7779]]

     section 201, is further amended by adding at the end the 
     following:

     ``SEC. 9825. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of the Consolidated Appropriations Act, 2021, and 
     not later than June 1 of each year thereafter, a group health 
     plan shall submit to the Secretary, the Secretary of Health 
     and Human Services, and the Secretary of Labor the following 
     information with respect to the health plan in the previous 
     plan year:
       ``(1) The beginning and end dates of the plan year.
       ``(2) The number of participants and beneficiaries.
       ``(3) Each State in which the plan is offered.
       ``(4) The 50 brand prescription drugs most frequently 
     dispensed by pharmacies for claims paid by the plan, and the 
     total number of paid claims for each such drug.
       ``(5) The 50 most costly prescription drugs with respect to 
     the plan by total annual spending, and the annual amount 
     spent by the plan for each such drug.
       ``(6) The 50 prescription drugs with the greatest increase 
     in plan expenditures over the plan year preceding the plan 
     year that is the subject of the report, and, for each such 
     drug, the change in amounts expended by the plan in each such 
     plan year.
       ``(7) Total spending on health care services by such group 
     health plan, broken down by--
       ``(A) the type of costs, including--
       ``(i) hospital costs;
       ``(ii) health care provider and clinical service costs, for 
     primary care and specialty care separately;
       ``(iii) costs for prescription drugs; and
       ``(iv) other medical costs, including wellness services; 
     and
       ``(B) spending on prescription drugs by--
       ``(i) the health plan; and
       ``(ii) the participants and beneficiaries.
       ``(8) The average monthly premium--
       ``(A) paid by employers on behalf of participants and 
     beneficiaries, as applicable; and
       ``(B) paid by participants and beneficiaries.
       ``(9) Any impact on premiums by rebates, fees, and any 
     other remuneration paid by drug manufacturers to the plan or 
     its administrators or service providers, with respect to 
     prescription drugs prescribed to participants or 
     beneficiaries in the plan, including--
       ``(A) the amounts so paid for each therapeutic class of 
     drugs; and
       ``(B) the amounts so paid for each of the 25 drugs that 
     yielded the highest amount of rebates and other remuneration 
     under the plan from drug manufacturers during the plan year.
       ``(10) Any reduction in premiums and out-of-pocket costs 
     associated with rebates, fees, or other remuneration 
     described in paragraph (9).
       ``(b) Report.--Not later than 18 months after the date on 
     which the first report is required under subsection (a) and 
     biannually thereafter, the Secretary, acting in coordination 
     with the Inspector General of the Department of the Treasury, 
     shall make available on the internet website of the 
     Department of the Treasury a report on prescription drug 
     reimbursements under group health plans, prescription drug 
     pricing trends, and the role of prescription drug costs in 
     contributing to premium increases or decreases under such 
     plans, aggregated in such a way as no drug or plan specific 
     information will be made public.
       ``(c) Privacy Protections.--No confidential or trade secret 
     information submitted to the Secretary under subsection (a) 
     shall be included in the report under subsection (b).''.
       (d) Clerical Amendments.--
       (1) ERISA.--The table of contents in section 1 of the 
     Employee Retirement Income Security Act of 1974 (29 U.S.C. 
     1001 et seq.), as amended by section 201, is further amended 
     by inserting after the item relating to section 724 the 
     following new item:

``Sec. 725. Reporting on pharmacy benefits and drug costs.''.
       (2) IRC.--The table of sections for subchapter B of chapter 
     100 of the Internal Revenue Code of 1986, as amended by 
     section 201, is further amended by adding at the end the 
     following new item:

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

                  TITLE III--PUBLIC HEALTH PROVISIONS

                    Subtitle A--Extenders Provisions

     SEC. 301. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE 
                   NATIONAL HEALTH SERVICE CORPS, AND TEACHING 
                   HEALTH CENTERS THAT OPERATE GME PROGRAMS.

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

     SEC. 302. DIABETES PROGRAMS.

       (a) Type I.--Section 330B(b)(2)(D) of the Public Health 
     Service Act (42 U.S.C. 254c-2(b)(2)(D)) is amended by 
     striking ``2020, and $32,465,753 for the period beginning on 
     October 1, 2020, and ending on December 18, 2020'' and 
     inserting ``2023''.
       (b) Indians.--Section 330C(c)(2)(D) of the Public Health 
     Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by 
     striking ``2020, and $32,465,753 for the period beginning on 
     October 1, 2020, and ending on December 18, 2020'' and 
     inserting ``2023''.

                Subtitle B--Strengthening Public Health

     SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.

       (a) In General.--The Public Health Service Act is amended 
     by striking section 313 of such Act (42 U.S.C. 245) and 
     inserting the following:

     ``SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF 
                   VACCINATIONS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention 
     and in coordination with other offices and agencies, as 
     appropriate, shall award competitive grants or contracts to 
     one or more public or private entities to carry out a 
     national, evidence-based campaign to increase awareness and 
     knowledge of the safety and effectiveness of vaccines for the 
     prevention and control of diseases, combat misinformation 
     about vaccines, and disseminate scientific and evidence-based 
     vaccine-related information, with the goal of increasing 
     rates of vaccination across all ages, as applicable, 
     particularly in communities with low rates of vaccination, to 
     reduce and eliminate vaccine-preventable diseases.
       ``(b) Consultation.--In carrying out the campaign under 
     this section, the Secretary shall consult with appropriate 
     public health and medical experts, including the National 
     Academy of Medicine and medical and public health 
     associations and nonprofit organizations, in the development, 
     implementation, and evaluation of the evidence-based public 
     awareness campaign.
       ``(c) Requirements.--The campaign under this section 
     shall--
       ``(1) be a nationwide, evidence-based media and public 
     engagement initiative;
       ``(2) include the development of resources for communities 
     with low rates of vaccination, including culturally and 
     linguistically appropriate resources, as applicable;
       ``(3) include the dissemination of vaccine information and 
     communication resources to public health departments, health 
     care providers, and health care facilities, including such 
     providers and facilities that provide prenatal and pediatric 
     care;
       ``(4) be complementary to, and coordinated with, any other 
     Federal, State, local, or Tribal efforts, as appropriate; and
       ``(5) assess the effectiveness of communication strategies 
     to increase rates of vaccination.
       ``(d) Additional Activities.--The campaign under this 
     section may--
       ``(1) include the use of television, radio, the internet, 
     and other media and telecommunications technologies;
       ``(2) include the use of in-person activities;
       ``(3) be focused to address specific needs of communities 
     and populations with low rates of vaccination; and
       ``(4) include the dissemination of scientific and evidence-
     based vaccine-related information, such as--
       ``(A) advancements in evidence-based research related to 
     diseases that may be prevented by vaccines and vaccine 
     development;
       ``(B) information on vaccinations for individuals and 
     communities, including individuals for whom vaccines are not 
     recommended by the Advisory Committee for Immunization 
     Practices, and the effects of low vaccination rates within a 
     community on such individuals;
       ``(C) information on diseases that may be prevented by 
     vaccines; and
       ``(D) information on vaccine safety and the systems in 
     place to monitor vaccine safety.
       ``(e) Evaluation.--The Secretary shall--
       ``(1) establish benchmarks and metrics to quantitatively 
     measure and evaluate the awareness campaign under this 
     section;
       ``(2) conduct qualitative assessments regarding the 
     awareness campaign under this section; and
       ``(3) prepare and submit to the Committee on Health, 
     Education, Labor, and Pensions of the Senate and Committee on 
     Energy and Commerce of the House of Representatives an 
     evaluation of the awareness campaign under this section.
       ``(f) Supplement Not Supplant.--Funds appropriated under 
     this section shall be used to supplement and not supplant 
     other Federal, State, and local public funds provided for 
     activities described in this section.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section and 
     subsections (k) and (n) of section 317, $15,000,000 for each 
     of fiscal years 2021 through 2025.''.
       (b) Grants to Address Vaccine-preventable Diseases.--
     Section 317 of the Public Health Service Act (42 U.S.C. 247b) 
     is amended--

[[Page H7780]]

       (1) in subsection (k)(1)--
       (A) in subparagraph (C), by striking ``; and'' and 
     inserting a semicolon;
       (B) in subparagraph (D), by striking the period and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(E) planning, implementation, and evaluation of 
     activities to address vaccine-preventable diseases, including 
     activities to--
       ``(i) identify communities at high risk of outbreaks 
     related to vaccine-preventable diseases, including through 
     improved data collection and analysis;
       ``(ii) pilot innovative approaches to improve vaccination 
     rates in communities and among populations with low rates of 
     vaccination;
       ``(iii) reduce barriers to accessing vaccines and evidence-
     based information about the health effects of vaccines;
       ``(iv) partner with community organizations and health care 
     providers to develop and deliver evidence-based 
     interventions, including culturally and linguistically 
     appropriate interventions, to increase vaccination rates;
       ``(v) improve delivery of evidence-based vaccine-related 
     information to parents and others; and
       ``(vi) improve the ability of State, local, Tribal, and 
     territorial public health departments to engage communities 
     at high risk for outbreaks related to vaccine-preventable 
     diseases, including, as appropriate, with local educational 
     agencies, as defined in section 8101 of the Elementary and 
     Secondary Education Act of 1965; and
       ``(F) research related to strategies for improving 
     awareness of scientific and evidence-based vaccine-related 
     information, including for communities with low rates of 
     vaccination, in order to understand barriers to vaccination, 
     improve vaccination rates, and assess the public health 
     outcomes of such strategies.''; and
       (2) by adding at the end the following:
       ``(n) Vaccination Data.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall expand and enhance, and, as appropriate, establish and 
     improve, programs and conduct activities to collect, monitor, 
     and analyze vaccination coverage data to assess levels of 
     protection from vaccine-preventable diseases, including by 
     assessing factors contributing to underutilization of 
     vaccines and variations of such factors, and identifying 
     communities at high risk of outbreaks associated with 
     vaccine-preventable diseases.''.
       (c) Supplemental Grant Funds.--Section 330(d)(1) of the 
     Public Health Service Act (42 U.S.C. 254b) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end;
       (2) in subparagraph (G), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(H) improving access to recommended immunizations.''.
       (d) Update of 2015 NVAC Report.--The National Vaccine 
     Advisory Committee established under section 2105 of the 
     Public Health Service Act (42 U.S.C. 300aa-5) shall, as 
     appropriate, update the report entitled, ``Assessing the 
     State of Vaccine Confidence in the United States: 
     Recommendations from the National Vaccine Advisory 
     Committee'', approved by the National Vaccine Advisory 
     Committee on June 10, 2015, with respect to factors affecting 
     childhood vaccination.

     SEC. 312. GUIDE ON EVIDENCE-BASED STRATEGIES FOR PUBLIC 
                   HEALTH DEPARTMENT OBESITY PREVENTION PROGRAMS.

       (a) Development and Dissemination of an Evidence-based 
     Strategies Guide.--The Secretary of Health and Human Services 
     (referred to in this section as the ``Secretary''), acting 
     through the Director of the Centers for Disease Control and 
     Prevention, not later than 2 years after the date of 
     enactment of this Act, may--
       (1) develop a guide on evidence-based strategies for State, 
     territorial, and local health departments to use to build and 
     maintain effective obesity prevention and reduction programs, 
     and, in consultation with Indian Tribes, Tribal 
     organizations, and urban Indian organizations, a guide on 
     such evidence-based strategies with respect to Indian Tribes 
     and Tribal organizations for such Indian Tribes and Tribal 
     organizations to use for such purpose, both of which guides 
     shall--
       (A) describe an integrated program structure for 
     implementing interventions proven to be effective in 
     preventing and reducing the incidence of obesity; and
       (B) recommend--
       (i) optimal resources, including staffing and 
     infrastructure, for promoting nutrition and obesity 
     prevention and reduction; and
       (ii) strategies for effective obesity prevention programs 
     for State, territorial, and local health departments, Indian 
     Tribes, and Tribal organizations, including strategies 
     related to--

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

       (2) disseminate the guides and current research, evidence-
     based practices, tools, and educational materials related to 
     obesity prevention, consistent with the guides, to State, 
     territorial, and local health departments, Indian Tribes, and 
     Tribal organizations.
       (b) Technical Assistance.--The Secretary, acting through 
     the Director of the Centers for Disease Control and 
     Prevention, shall provide technical assistance to State, 
     territorial, and local health departments, Indian Tribes, and 
     Tribal organizations to support such health departments in 
     implementing the guide developed under subsection (a)(1).
       (c) Indian Tribes; Tribal Organizations; Urban Indian 
     Organizations.--In this section--
       (1) the terms ``Indian Tribe'' and ``Tribal organization'' 
     have the meanings given the terms ``Indian tribe'' and 
     ``tribal organization'', respectively, in section 4 of the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 5304); and
       (2) the term ``urban Indian organization'' has the meaning 
     given such term in section 4 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1603).

     SEC. 313. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

       Title III of the Public Health Service Act is amended by 
     inserting after section 330M (42 U.S.C. 254c-19) the 
     following:

     ``SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUTCOMES.

       ``(a) Definitions.--In this section:
       ``(1) Eligible entity.--The term `eligible entity' means an 
     entity that provides, or supports the provision of, health 
     care services in rural areas, frontier areas, health 
     professional shortage areas, or medically underserved areas, 
     or to medically underserved populations or Native Americans, 
     including Indian Tribes, Tribal organizations, and urban 
     Indian organizations, and which may include entities leading, 
     or capable of leading, a technology-enabled collaborative 
     learning and capacity building model or engaging in 
     technology-enabled collaborative training of participants in 
     such model.
       ``(2) Health professional shortage area.--The term `health 
     professional shortage area' means a health professional 
     shortage area designated under section 332.
       ``(3) Indian tribe.--The terms `Indian Tribe' and `Tribal 
     organization' have the meanings given the terms `Indian 
     tribe' and `tribal organization' in section 4 of the Indian 
     Self-Determination and Education Assistance Act.
       ``(4) Medically underserved population.--The term 
     `medically underserved population' has the meaning given the 
     term in section 330(b)(3).
       ``(5) Native americans.--The term `Native Americans' has 
     the meaning given the term in section 736 and includes Indian 
     Tribes and Tribal organizations.
       ``(6) Technology-enabled collaborative learning and 
     capacity building model.--The term `technology-enabled 
     collaborative learning and capacity building model' means a 
     distance health education model that connects health care 
     professionals, and particularly specialists, with multiple 
     other health care professionals through simultaneous 
     interactive videoconferencing for the purpose of facilitating 
     case-based learning, disseminating best practices, and 
     evaluating outcomes.
       ``(7) Urban indian organization.--The term `urban Indian 
     organization' has the meaning given the term in section 4 of 
     the Indian Health Care Improvement Act.
       ``(b) Program Established.--The Secretary shall, as 
     appropriate, award grants to evaluate, develop, and, as 
     appropriate, expand the use of technology-enabled 
     collaborative learning and capacity building models, to 
     improve retention of health care providers and increase 
     access to health care services, such as those to address 
     chronic diseases and conditions, infectious diseases, mental 
     health, substance use disorders, prenatal and maternal 
     health, pediatric care, pain management, palliative care, and 
     other specialty care in rural areas, frontier areas, health 
     professional shortage areas, or medically underserved areas 
     and for medically underserved populations or Native 
     Americans.
       ``(c) Use of Funds.--
       ``(1) In general.--Grants awarded under subsection (b) 
     shall be used for--
       ``(A) the development and acquisition of instructional 
     programming, and the training of health care providers and 
     other professionals that provide or assist in the provision 
     of services through models described in subsection (b), such 
     as training on best practices for data collection and leading 
     or participating in such technology-enabled activities 
     consistent with technology-enabled collaborative learning and 
     capacity-building models;
       ``(B) information collection and evaluation activities to 
     study the impact of such models on patient outcomes and 
     health care providers, and to identify best practices for the 
     expansion and use of such models; or
       ``(C) other activities consistent with achieving the 
     objectives of the grants awarded under this section, as 
     determined by the Secretary.
       ``(2) Other uses.--In addition to any of the uses under 
     paragraph (1), grants awarded under subsection (b) may be 
     used for--
       ``(A) equipment to support the use and expansion of 
     technology-enabled collaborative learning and capacity 
     building models, including for hardware and software that 
     enables distance learning, health care provider support, and 
     the secure exchange of electronic health information; or
       ``(B) support for health care providers and other 
     professionals that provide or assist in the provision of 
     services through such models.

[[Page H7781]]

       ``(d) Length of Grants.--Grants awarded under subsection 
     (b) shall be for a period of up to 5 years.
       ``(e) Grant Requirements.--The Secretary may require 
     entities awarded a grant under this section to collect 
     information on the effect of the use of technology-enabled 
     collaborative learning and capacity building models, such as 
     on health outcomes, access to health care services, quality 
     of care, and provider retention in areas and populations 
     described in subsection (b). The Secretary may award a grant 
     or contract to assist in the coordination of such models, 
     including to assess outcomes associated with the use of such 
     models in grants awarded under subsection (b), including for 
     the purpose described in subsection (c)(1)(B).
       ``(f) Application.--An eligible entity that seeks to 
     receive a grant under subsection (b) shall submit to the 
     Secretary an application, at such time, in such manner, and 
     containing such information as the Secretary may require. 
     Such application shall include plans to assess the effect of 
     technology-enabled collaborative learning and capacity 
     building models on patient outcomes and health care 
     providers.
       ``(g) Access to Broadband.--In administering grants under 
     this section, the Secretary may coordinate with other 
     agencies to ensure that funding opportunities are available 
     to support access to reliable, high-speed internet for 
     grantees.
       ``(h) Technical Assistance.--The Secretary shall provide 
     (either directly through the Department of Health and Human 
     Services or by contract) technical assistance to eligible 
     entities, including recipients of grants under subsection 
     (b), on the development, use, and evaluation of technology-
     enabled collaborative learning and capacity building models 
     in order to expand access to health care services provided by 
     such entities, including for medically underserved areas and 
     to medically underserved populations or Native Americans.
       ``(i) Research and Evaluation.--The Secretary, in 
     consultation with stakeholders with appropriate expertise in 
     such models, shall develop a strategic plan to research and 
     evaluate the evidence for such models. The Secretary shall 
     use such plan to inform the activities carried out under this 
     section.
       ``(j) Report by Secretary.--Not later than 4 years after 
     the date of enactment of this section, the Secretary shall 
     prepare and submit to the Committee on Health, Education, 
     Labor, and Pensions of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives, and post on the 
     internet website of the Department of Health and Human 
     Services, a report including, at minimum--
       ``(1) a description of any new and continuing grants 
     awarded to entities under subsection (b) and the specific 
     purpose and amounts of such grants;
       ``(2) an overview of--
       ``(A) the evaluations conducted under subsections (b);
       ``(B) technical assistance provided under subsection (h); 
     and
       ``(C) activities conducted by entities awarded grants under 
     subsection (b); and
       ``(3) a description of any significant findings or 
     developments related to patient outcomes or health care 
     providers and best practices for eligible entities expanding, 
     using, or evaluating technology-enabled collaborative 
     learning and capacity building models, including through the 
     activities described in subsection (h).
       ``(k) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for each of fiscal years 2022 through 2026.''.

     SEC. 314. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

       Subtitle C of title XXVIII of the Public Health Service Act 
     (42 U.S.C. 300hh-31 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 2823. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.

       ``(a) Expanding CDC and Public Health Department 
     Capabilities.--
       ``(1) In general.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall--
       ``(A) conduct activities to expand, modernize, improve, and 
     sustain applicable public health data systems used by the 
     Centers for Disease Control and Prevention, including with 
     respect to the interoperability and improvement of such 
     systems (including as it relates to preparedness for, 
     prevention and detection of, and response to public health 
     emergencies); and
       ``(B) award grants or cooperative agreements to State, 
     local, Tribal, or territorial public health departments for 
     the expansion and modernization of public health data 
     systems, to assist public health departments and public 
     health laboratories in--
       ``(i) assessing current data infrastructure capabilities 
     and gaps to--

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

       ``(ii) improving secure public health data collection, 
     transmission, exchange, maintenance, and analysis, including 
     with respect to demographic data, as appropriate;
       ``(iii) improving the secure exchange of data between the 
     Centers for Disease Control and Prevention, State, local, 
     Tribal, and territorial public health departments, public 
     health laboratories, public health organizations, and health 
     care providers, including by public health officials in 
     multiple jurisdictions within such State, as appropriate, and 
     by simplifying and supporting reporting by health care 
     providers, as applicable, pursuant to State law, including 
     through the use of health information technology;
       ``(iv) enhancing the interoperability of public health data 
     systems (including systems created or accessed by public 
     health departments) with health information technology, 
     including with health information technology certified under 
     section 3001(c)(5);
       ``(v) supporting and training data systems, data science, 
     and informatics personnel;
       ``(vi) supporting earlier disease and health condition 
     detection, such as through near real-time data monitoring, to 
     support rapid public health responses;
       ``(vii) supporting activities within the applicable 
     jurisdiction related to the expansion and modernization of 
     electronic case reporting; and
       ``(viii) developing and disseminating information related 
     to the use and importance of public health data.
       ``(2) Data standards.--In carrying out paragraph (1), the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall, as appropriate and in 
     consultation with the Office of the National Coordinator for 
     Health Information Technology, designate data and technology 
     standards (including standards for interoperability) for 
     public health data systems, with deference given to standards 
     published by consensus-based standards development 
     organizations with public input and voluntary consensus-based 
     standards bodies.
       ``(3) Public-private partnerships.--The Secretary may 
     develop and utilize public-private partnerships for technical 
     assistance, training, and related implementation support for 
     State, local, Tribal, and territorial public health 
     departments, and the Centers for Disease Control and 
     Prevention, on the expansion and modernization of electronic 
     case reporting and public health data systems, as applicable.
       ``(b) Requirements.--
       ``(1) Health information technology standards.--The 
     Secretary may not award a grant or cooperative agreement 
     under subsection (a)(1)(B) unless the applicant uses or 
     agrees to use standards endorsed by the National Coordinator 
     for Health Information Technology pursuant to section 
     3001(c)(1) or adopted by the Secretary under section 3004.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1) with respect to an applicant if the 
     Secretary determines that the activities under subsection 
     (a)(1)(B) cannot otherwise be carried out within the 
     applicable jurisdiction.
       ``(3) Application.--A State, local, Tribal, or territorial 
     health department applying for a grant or cooperative 
     agreement under this section shall submit an application to 
     the Secretary at such time and in such manner as the 
     Secretary may require. Such application shall include 
     information describing--
       ``(A) the activities that will be supported by the grant or 
     cooperative agreement; and
       ``(B) how the modernization of the public health data 
     systems involved will support or impact the public health 
     infrastructure of the health department, including a 
     description of remaining gaps, if any, and the actions needed 
     to address such gaps.
       ``(c) Strategy and Implementation Plan.--Not later than 180 
     days after the date of enactment of this section, the 
     Secretary, acting through the Director of the Centers for 
     Disease Control and Prevention, shall submit to the Committee 
     on Health, Education, Labor, and Pensions of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a coordinated strategy and an accompanying 
     implementation plan that identifies and demonstrates the 
     measures the Secretary will utilize to--
       ``(1) update and improve applicable public health data 
     systems used by the Centers for Disease Control and 
     Prevention; and
       ``(2) carry out the activities described in this section to 
     support the improvement of State, local, Tribal, and 
     territorial public health data systems.
       ``(d) Consultation.--The Secretary, acting through the 
     Director of the Centers for Disease Control and Prevention, 
     shall consult with State, local, Tribal, and territorial 
     health departments, professional medical and public health 
     associations, associations representing hospitals or other 
     health care entities, health information technology experts, 
     and other appropriate public or private entities regarding 
     the plan and grant program to modernize public health data 
     systems pursuant to this section. Activities under this 
     subsection may include the provision of technical assistance 
     and training related to the exchange of information by such 
     public health data systems used by relevant health care and 
     public health entities at the local, State, Federal, Tribal, 
     and territorial levels, and the development and utilization 
     of public-private partnerships for implementation support 
     applicable to this section.
       ``(e) Report to Congress.--Not later than 1 year after the 
     date of enactment of this section, the Secretary shall submit 
     a report to the Committee on Health, Education, Labor, and 
     Pensions of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives that includes--
       ``(1) a description of any barriers to--
       ``(A) public health authorities implementing interoperable 
     public health data systems and electronic case reporting;
       ``(B) the exchange of information pursuant to electronic 
     case reporting;
       ``(C) reporting by health care providers using such public 
     health data systems, as appropriate, and pursuant to State 
     law; or
       ``(D) improving demographic data collection or analysis;
       ``(2) an assessment of the potential public health impact 
     of implementing electronic case reporting and interoperable 
     public health data systems; and
       ``(3) a description of the activities carried out pursuant 
     to this section.

[[Page H7782]]

       ``(f) Electronic Case Reporting.--In this section, the term 
     `electronic case reporting' means the automated 
     identification, generation, and bilateral exchange of reports 
     of health events among electronic health record or health 
     information technology systems and public health authorities.
       ``(g) Authorization of Appropriations.--To carry out this 
     section, there are authorized to be appropriated $100,000,000 
     for each of fiscal years 2021 through 2025.''.

     SEC. 315. NATIVE AMERICAN SUICIDE PREVENTION.

       Section 520E(b) of the Public Health Service Act (42 U.S.C. 
     290bb-36(b) is amended by inserting after paragraph (3) the 
     following:
       ``(4) Consultation.--An entity described in paragraph 
     (1)(A) or (1)(B) that applies for a grant or cooperative 
     agreement under this section shall agree to consult or confer 
     with entities described in paragraph (1)(C) and Native 
     Hawaiian Health Care Systems, as applicable, in the 
     applicable State with respect to the development and 
     implementation of a statewide early intervention strategy.''.

     SEC. 316. REAUTHORIZATION OF THE YOUNG WOMEN'S BREAST HEALTH 
                   EDUCATION AND AWARENESS REQUIRES LEARNING YOUNG 
                   ACT OF 2009.

       Section 399NN(h) of the Public Health Service Act (42 
     U.S.C. 280m(h)) is amended by striking `` $4,900,000 for each 
     of fiscal years 2015 through 2019'' and inserting `` 
     $9,000,000 for each of fiscal years 2022 through 2026''.

     SEC. 317. REAUTHORIZATION OF SCHOOL-BASED HEALTH CENTERS.

       Section 399Z-1(l) of the Public Health Service Act (42 
     U.S.C. 280h-5(l)) is amended by striking ``2010 through 
     2014'' and inserting ``2022 through 2026''.

                       Subtitle C--FDA Amendments

     SEC. 321. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER 
                   EXTENSION.

       Section 529(b)(5) of the Federal Food, Drug, and Cosmetic 
     Act (21 U.S.C. 360ff(b)(5)) is amended--
       (1) by striking ``December 18, 2020'' each place it appears 
     and inserting ``September 30, 2024''; and
       (2) in subparagraph (B), by striking ``December 18, 2022'' 
     and inserting ``September 30, 2026''.

     SEC. 322. CONDITIONS OF USE FOR BIOSIMILAR BIOLOGICAL 
                   PRODUCTS.

       Section 351(k)(2)(A)(iii) of the Public Health Service Act 
     (42 U.S.C. 262(k)(2)(A)(iii)) is amended--
       (1) in subclause (I), by striking ``; and'' and inserting a 
     semicolon;
       (2) in subclause (II), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:

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

     SEC. 323. ORPHAN DRUG CLARIFICATION.

       Section 527(c) of the Federal Food, Drug, and Cosmetic Act 
     (21 U.S.C. 360cc(c)) is amended by adding at the end the 
     following:
       ``(3) Applicability.--This subsection applies to any drug 
     designated under section 526 for which an application was 
     approved under section 505 of this Act or licensed under 
     section 351 of the Public Health Service Act after the date 
     of enactment of the FDA Reauthorization Act of 2017, 
     regardless of the date on which such drug was designated 
     under section 526.''.

     SEC. 324. MODERNIZING THE LABELING OF CERTAIN GENERIC DRUGS.

       Chapter V of the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 351 et seq.) is amended by inserting after section 
     503C the following:

     ``SEC. 503D. PROCESS TO UPDATE LABELING FOR CERTAIN GENERIC 
                   DRUGS.

       ``(a) Definitions.--For purposes of this section:
       ``(1) The term `covered drug' means a drug approved under 
     section 505(c)--
       ``(A) for which there are no unexpired patents included in 
     the list under section 505(j)(7) and no unexpired period of 
     exclusivity;
       ``(B) for which the approval of the application has been 
     withdrawn for reasons other than safety or effectiveness; and
       ``(C) for which--
       ``(i)(I) there is new scientific evidence available 
     pertaining to new or existing conditions of use that is not 
     reflected in the approved labeling;
       ``(II) the approved labeling does not reflect current legal 
     and regulatory requirements for content or format; or
       ``(III) there is a relevant accepted use in clinical 
     practice that is not reflected in the approved labeling; and
       ``(ii) updating the approved labeling would benefit the 
     public health.
       ``(2) The term `period of exclusivity', with respect to a 
     drug approved under section 505(c), means any period of 
     exclusivity under clause (ii), (iii), or (iv) of section 
     505(c)(3)(E), clause (ii), (iii), or (iv) of section 
     505(j)(5)(F), or section 505A, 505E, or 527.
       ``(3) The term `generic version' means a drug approved 
     under section 505(j) whose reference listed drug is a covered 
     drug.
       ``(4) The term `relevant accepted use' means a use for a 
     drug in clinical practice that is supported by scientific 
     evidence that appears to the Secretary to meet the standards 
     for approval under section 505.
       ``(5) The term `selected drug' means a covered drug for 
     which the Secretary has determined through the process under 
     subsection (c) that the labeling should be changed.
       ``(b) Identification of Covered Drugs.--The Secretary may 
     identify covered drugs for which labeling updates would 
     provide a public health benefit. To assist in identifying 
     covered drugs, the Secretary may do one or both of the 
     following:
       ``(1) Enter into cooperative agreements or contracts with 
     public or private entities to review the available scientific 
     evidence concerning such drugs.
       ``(2) Seek public input concerning such drugs, including 
     input on whether there is a relevant accepted use in clinical 
     practice that is not reflected in the approved labeling of 
     such drugs or whether new scientific evidence is available 
     regarding the conditions of use for such drug, by--
       ``(A) holding one or more public meetings;
       ``(B) opening a public docket for the submission of public 
     comments; or
       ``(C) other means, as the Secretary determines appropriate.
       ``(c) Selection of Drugs for Updating.--If the Secretary 
     determines, with respect to a covered drug, that the 
     available scientific evidence meets the standards under 
     section 505 for adding or modifying information to the 
     labeling or providing supplemental information to the 
     labeling regarding the use of the covered drug, the Secretary 
     may initiate the process under subsection (d).
       ``(d) Initiation of the Process of Updating.--If the 
     Secretary determines that labeling changes are appropriate 
     for a selected drug pursuant to subsection (c), the Secretary 
     shall provide notice to the holders of approved applications 
     for a generic version of such drug that--
       ``(1) summarizes the findings supporting the determination 
     of the Secretary that the available scientific evidence meets 
     the standards under section 505 for adding or modifying 
     information or providing supplemental information to the 
     labeling of the covered drug pursuant to subsection (c);
       ``(2) provides a clear statement regarding the additional, 
     modified, or supplemental information for such labeling, 
     according to the determination by the Secretary (including, 
     as applicable, modifications to add the relevant accepted use 
     to the labeling of the drug as an additional indication for 
     the drug); and
       ``(3) states whether the statement under paragraph (2) 
     applies to the selected drug as a class of covered drugs or 
     only to a specific drug product.
       ``(e) Response to Notification.--Within 30 days of receipt 
     of notification provided by the Secretary pursuant to 
     subsection (d), the holder of an approved application for a 
     generic version of the selected drug shall--
       ``(1) agree to change the approved labeling to reflect the 
     additional, modified, or supplemental information the 
     Secretary has determined to be appropriate; or
       ``(2) notify the Secretary that the holder of the approved 
     application does not believe that the requested labeling 
     changes are warranted and submit a statement detailing the 
     reasons why such changes are not warranted.
       ``(f) Review of Application Holder's Response.--
       ``(1) In general.--Upon receipt of the application holder's 
     response, the Secretary shall promptly review each statement 
     received under subsection (e)(2) and determine which labeling 
     changes pursuant to the Secretary's notice under subsection 
     (d) are appropriate, if any. If the Secretary disagrees with 
     the reasons why such labeling changes are not warranted, the 
     Secretary shall provide opportunity for discussions with the 
     application holders to reach agreement on whether the 
     labeling for the covered drug should be updated to reflect 
     available scientific evidence, and if so, the content of such 
     labeling changes.
       ``(2) Changes to labeling.--After considering all responses 
     from the holder of an approved application under paragraph 
     (1) or (2) of subsection (e), and any discussion under 
     paragraph (1), the Secretary may order such holder to make 
     the labeling changes the Secretary determines are 
     appropriate. Such holder of an approved application shall--
       ``(A) update its paper labeling for the drug at the next 
     printing of that labeling;
       ``(B) update any electronic labeling for the drug within 30 
     days of such order; and
       ``(C) submit the revised labeling through the form, 
     `Supplement--Changes Being Effected'.
       ``(g) Violation.--If the holder of an approved application 
     for the generic version of the selected drug does not comply 
     with the requirements of subsection (f)(2), such generic 
     version of the selected drug shall be deemed to be misbranded 
     under section 502.
       ``(h) Limitations; Generic Drugs.--
       ``(1) In general.--With respect to any labeling change 
     required under this section, the generic version shall be 
     deemed to have the same conditions of use and the same 
     labeling as its reference listed drug for purposes of clauses 
     (i) and (v) of section 505(j)(2)(A). Any labeling change so 
     required shall not have any legal effect for the applicant 
     that is different than the legal effect that would have 
     resulted if a supplemental application had been submitted and 
     approved to conform the labeling of the generic version to a 
     change in the labeling of the reference drug.
       ``(2) Supplemental applications.--Changes to labeling made 
     in accordance with this section shall not be eligible for an 
     exclusivity period under this Act.
       ``(3) Selection of drugs.--The Secretary shall not identify 
     a drug as a covered drug or select a drug label for updating 
     under subsection (b) or (c) solely based on the availability 
     of new safety information. Upon identification of a drug as a 
     covered drug under subsection (b), the Secretary may then 
     consider the availability of new safety information (as 
     defined in section 505-1(b)) in determining whether the drug 
     is a selected drug and in determining what labeling changes 
     are appropriate.
       ``(i) Rules of Construction.--

[[Page H7783]]

       ``(1) Approval standards.--This section shall not be 
     construed as altering the applicability of the standards for 
     approval of an application under section 505. No order shall 
     be issued under this subsection unless the scientific 
     evidence supporting the changed labeling meets the standards 
     for approval applicable to any change to labeling under 
     section 505.
       ``(2) Removal of information.--Nothing in this section 
     shall be construed to give the Secretary additional authority 
     to remove approved indications for drugs, other than the 
     authority described in this section.
       ``(3) Secretary authority.--Nothing in this section shall 
     be construed to limit the authority of the Secretary to 
     require labeling changes under section 505(o).
       ``(4) Maintenance of labeling.--Nothing in this section 
     shall be construed to affect the responsibility of the holder 
     of an approved application under section 505(j) to maintain 
     its labeling in accordance with existing requirements, 
     including subpart B of part 201 and sections 314.70 and 
     314.97 of title 21, Code of Federal Regulations (or any 
     successor regulations).
       ``(j) Reports.--Not later than 4 years after the date of 
     the enactment of this section, and every 4 years thereafter, 
     the Secretary shall prepare and submit to the Committee on 
     Energy and Commerce of the House of Representatives and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, a report that--
       ``(1) describes the actions of the Secretary under this 
     section, including--
       ``(A) the number of covered drugs and description of the 
     types of drugs the Secretary has selected for labeling 
     changes and the rationale for such recommended changes; and
       ``(B) the number of times the Secretary entered into 
     discussions concerning a disagreement with an application 
     holder or holders and a summary of the decision regarding a 
     labeling change, if any; and
       ``(2) includes any recommendations of the Secretary for 
     modifying the program under this section.''.

     SEC. 325. BIOLOGICAL PRODUCT PATENT TRANSPARENCY.

       (a) In General.--Section 351(k) of the Public Health 
     Service Act (42 U.S.C. 262(k)) is amended by adding at the 
     end the following:
       ``(9) Public listing.--
       ``(A) In general.--
       ``(i) Initial publication.--Not later than 180 days after 
     the date of enactment of this paragraph, the Secretary shall 
     publish and make available to the public in a searchable, 
     electronic format--

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

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

                   Subtitle D--Technical Corrections

     SEC. 331. TECHNICAL CORRECTIONS.

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

                     DIVISION CC--HEALTH EXTENDERS

     SEC. 1. TABLE OF CONTENTS.

Sec. 1. Table of contents.

                      TITLE I--MEDICARE PROVISIONS

                     Subtitle A--Medicare Extenders

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

                 Subtitle B--Other Medicare Provisions

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

[[Page H7784]]

            TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

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

                       TITLE III--HUMAN SERVICES

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

                        TITLE IV--HEALTH OFFSETS

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

                         TITLE V--MISCELLANEOUS

Sec. 501. Implementation funding.

                      TITLE I--MEDICARE PROVISIONS

                     Subtitle A--Medicare Extenders

     SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER 
                   THE MEDICARE PROGRAM.

       Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 
     1395w-4(e)(1)(E)), as amended by section 3801 of the CARES 
     Act (Public Law 116-136), section 2201 of the Continuing 
     Appropriations Act, 2021 and Other Extensions Act (Public Law 
     116-159), and section 1101 of the Further Continuing 
     Appropriations Act, 2021, and Other Extensions Act, is 
     amended by striking ``December 19, 2020'' and inserting 
     ``January 1, 2024''.

     SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE 
                   ENDORSEMENT, INPUT, AND SELECTION.

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

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

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

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

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

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

       (2) by adding at the end the following new subsection:
       ``(f) Additional Reporting by the Secretary to Congress.--
       ``(1) In general.--By not later than September 30 of each 
     year (beginning with 2021), the Secretary shall submit to 
     Congress a report on the amount of unobligated balances for 
     appropriations relating to quality measurement. Such report 
     shall include detailed plans on how the Secretary expects to 
     expend such unobligated balances in the upcoming fiscal 
     years.
       ``(2) Separate report.--The annual report required under 
     paragraph (1) shall be separate from the annual report 
     required under subsection (e).''.
       (c) Input for Removal of Measures.--Section 1890(b) of the 
     Social Security Act (42 U.S.C. 1395aaa(b)) is amended by 
     inserting after paragraph (3) the following new paragraph:
       ``(4) Removal of measures.--The entity may provide input to 
     the Secretary on quality and efficiency measures described in 
     paragraph (7)(B) that could be considered for removal.''.
       (d) Prioritization of Measure Endorsement.--Section 1890(b) 
     of the Social Security Act (42 U.S.C. 1395aaa(b)) is amended 
     by adding at the end the following new paragraph:
       ``(9) Prioritization of measure endorsement.--The 
     Secretary--
       ``(A) during the period beginning on the date of the 
     enactment of this paragraph and ending on December 31, 2023, 
     shall prioritize the endorsement of measures relating to 
     maternal morbidity and mortality by the entity with a 
     contract under subsection (a) in connection with endorsement 
     of measures described in paragraph (2); and
       ``(B) on and after January 1, 2024, may prioritize the 
     endorsement of such measures by such entity.''.

     SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR 
                   LOW-INCOME PROGRAMS.

       (a) State Health Insurance Programs.--Subsection (a)(1)(B) 
     of section 119 of the Medicare Improvements for Patients and 
     Providers Act of 2008 (42 U.S.C. 1395b-3 note), as amended by 
     section 3306 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148), section 610 of the American 
     Taxpayer Relief Act of 2012 (Public Law 112-240), section 
     1110 of the Pathway for SGR Reform Act of 2013 (Public Law 
     113-67), section 110 of the Protecting Access to Medicare Act 
     of 2014 (Public Law 113-93), section 208 of the Medicare 
     Access and CHIP Reauthorization Act of 2015 (Public Law 114-
     10), section 50207 of division E of the Bipartisan Budget Act 
     of 2018 (Public Law 115-123), section 1402 of division B of 
     the Continuing Appropriations Act, 2020, and Health Extenders 
     Act of 2019 (Public Law 116-59), section 1402 of division B 
     of the Further Continuing Appropriations Act, 2020, and 
     Further Health Extenders Act of 2019 (Public Law 116-69), 
     section 103 of division N of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94), section 3803 of 
     the CARES Act (Public Law 116-136), section 2203 of the 
     Continuing Appropriations Act, 2021 and Other Extensions Act 
     (Public Law 116-159), and section 1102 of the Further 
     Continuing Appropriations Act, 2021, and Other Extensions 
     Act, is amended--
       (1) in clause (x), by striking at the end ``and''; and
       (2) by striking clause (xi) and inserting the following 
     clauses:
       ``(xi) for fiscal year 2021, $15,000,000;
       ``(xii) for fiscal year 2022, $15,000,000; and
       ``(xiii) for fiscal year 2023, $15,000,000.''.
       (b) Area Agencies on Aging.--Subsection (b)(1)(B) of such 
     section 119, as so amended, is amended--
       (1) in clause (x), by striking at the end ``and''; and
       (2) by striking clause (xi) and inserting the following 
     clauses:
       ``(xi) for fiscal year 2021, $15,000,000;
       ``(xii) for fiscal year 2022, $15,000,000; and
       ``(xiii) for fiscal year 2023, $15,000,000.''.
       (c) Aging and Disability Resource Centers.--Subsection 
     (c)(1)(B) of such section 119, as so amended, is amended--
       (1) in clause (x), by striking at the end ``and'';

[[Page H7785]]

       (2) by striking clause (xi) and inserting the following 
     clauses:
       ``(xi) for fiscal year 2021, $5,000,000;
       ``(xii) for fiscal year 2022, $5,000,000; and
       ``(xiii) for fiscal year 2023, $5,000,000,''.
       (d) Contract With the National Center for Benefits and 
     Outreach Enrollment.--Subsection (d)(2) of such section 119, 
     as so amended, is amended--
       (1) in clause (x), by striking at the end ``and'';
       (2) by striking clause (xi) and inserting the following 
     clauses:
       ``(xi) for fiscal year 2021, $15,000,000;
       ``(xii) for fiscal year 2022, $15,000,000; and
       ``(xiii) for fiscal year 2023, $15,000,000.''.

     SEC. 104. EXTENSION OF MEDICARE PATIENT IVIG ACCESS 
                   DEMONSTRATION PROJECT.

       (a) Extension of Demonstration Project.--Section 101(b) of 
     the Medicare IVIG Access and Strengthening Medicare and 
     Repaying Taxpayers Act of 2012 (42 U.S.C. 13951 note) is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Duration.--Beginning not later than one year after 
     the date of enactment of this Act, the Secretary shall 
     conduct the demonstration project for a period of 3 years 
     and, subject to the availability of funds under subsection 
     (g), the period beginning on October 1, 2017, and ending on 
     December 31, 2023.''; and
       (2) in paragraph (2)--
       (A) by amending the first sentence to read as follows: 
     ``The Secretary shall enroll for participation in the 
     demonstration project for the period beginning on October 1, 
     2014, and ending on September 30, 2020, not more than 4,000 
     Medicare beneficiaries who have been diagnosed with primary 
     immunodeficiency disease and for the period beginning on 
     October 1, 2014, and ending on December 31, 2023, not more 
     than 6,500 Medicare beneficiaries who have been so 
     diagnosed.''; and
       (B) by striking ``December 31, 2020'' and inserting 
     ``December 31, 2023''.
       (b) Updated Evaluation and Report.--Section 101(f) is 
     amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Updated evaluation and report.--Not later than 2 
     years after the date of the enactment of Consolidated 
     Appropriations Act, 2021, the Secretary shall submit to 
     Congress an updated report that contains the following:
       ``(A) The total number of beneficiaries enrolled in the 
     demonstration project during the updated report period.
       ``(B) The total number of claims submitted for services 
     during the updated report period, disaggregated by month.
       ``(C) An analysis of the impact of the demonstration on 
     beneficiary access to the in-home administration of 
     intravenous immune globin, including the impact on 
     beneficiary health.
       ``(D) An analysis of the impact of in-home administration 
     of intravenous immune globin on overall costs to Medicare, 
     including the cost differential between in-home 
     administration of intravenous immune globin and 
     administration of intravenous immune globin in a healthcare 
     facility.
       ``(E) To the extent practicable, a survey of providers and 
     enrolled beneficiaries that participated in the demonstration 
     project that identifies barriers to accessing services, 
     including reimbursement for items and services.
       ``(F) Recommendations to Congress on the appropriateness of 
     establishing a permanent bundled services payment for the in-
     home administration of intravenous immune globin for Medicare 
     beneficiaries.''.
       (c) Definition of Updated Report Period.--Section 101(h) is 
     amended by adding at the end the following new paragraph:
       ``(4) Updated report period.--The term `updated report 
     period' means the period beginning on October 1, 2014, and 
     ending on September 30, 2020.''.

     SEC. 105. EXTENDING THE INDEPENDENCE AT HOME MEDICAL PRACTICE 
                   DEMONSTRATION PROGRAM UNDER THE MEDICARE 
                   PROGRAM.

       (a) In General.--Section 1866E of the Social Security Act 
     (42 U.S.C. 1395cc-5) is amended--
       (1) in subsection (e)--
       (A) in paragraph (1), by striking ``7-year'' and inserting 
     ``10-year''; and
       (B) in paragraph (5)--
       (i) in the first sentence, by striking ``15,000'' and 
     inserting ``20,000'';
       (ii) in the second sentence, by striking ``sixth and 
     seventh'' and inserting ``sixth through tenth''; and
       (iii) by adding at the end the following new sentence: ``An 
     applicable beneficiary that participates in the demonstration 
     program by reason of the increase from 15,000 to 20,000 in 
     the first sentence of this paragraph pursuant to the 
     amendment made by section 105 of division CC of the 
     Consolidated Appropriations Act, 2021 shall be considered in 
     the spending target estimates under paragraph (1) of 
     subsection (c) and the incentive payment calculations under 
     paragraph (2) of such subsection for the eighth through tenth 
     years of such program.''; and
       (2) in subsection (h), by inserting ``and $9,000,000 for 
     fiscal year 2021'' after ``2015''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of Public 
     Law 111-148.

                 Subtitle B--Other Medicare Provisions

     SEC. 111. IMPROVING MEASUREMENTS UNDER THE SKILLED NURSING 
                   FACILITY VALUE-BASED PURCHASING PROGRAM UNDER 
                   THE MEDICARE PROGRAM.

       (a) In General.--Section 1888(h) of the Social Security Act 
     (42 U.S.C. 1395yy(h)) is amended--
       (1) in paragraph (1), by adding at the end the following 
     new subparagraph:
       ``(C) Exclusions.--With respect to payments for services 
     furnished on or after October 1, 2022, this subsection shall 
     not apply to a facility for which there are not a minimum 
     number (as determined by the Secretary) of--
       ``(i) cases for the measures that apply to the facility for 
     the performance period for the applicable fiscal year; or
       ``(ii) measures that apply to the facility for the 
     performance period for the applicable fiscal year.'';
       (2) in paragraph (2)(A)--
       (A) by striking ``The Secretary shall apply'' and inserting 
     ``The Secretary--
       ``(i) shall apply'';
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (C) by adding at the end the following:
       ``(ii) may, with respect to payments for services furnished 
     on or after October 1, 2023, apply additional measures 
     determined appropriate by the Secretary, which may include 
     measures of functional status, patient safety, care 
     coordination, or patient experience.
     Subject to the succeeding sentence, in the case that the 
     Secretary applies additional measures under clause (ii), the 
     Secretary shall consider and apply, as appropriate, quality 
     measures specified under section 1899B(c)(1). In no case may 
     the Secretary apply more than 10 measures under this 
     subparagraph.'';
       (3) in subparagraph (A) of each of paragraphs (3) and (4), 
     by striking ``measure'' and inserting ``measures''; and
       (4) by adding at the end the following new paragraph:
       ``(12) Validation.--
       ``(A) In general.--The Secretary shall apply to the 
     measures applied under this subsection and the data submitted 
     under subsection (e)(6) a process to validate such measures 
     and data, as appropriate, which may be similar to the process 
     specified in section 1886(b)(3)(B)(viii)(XI) for validating 
     inpatient hospital measures.
       ``(B) Funding.--For purposes of carrying out this 
     paragraph, the Secretary shall provide for the transfer, from 
     the Federal Hospital Insurance Trust Fund established under 
     section 1817, of $5,000,000 to the Centers for Medicare & 
     Medicaid Services Program Management Account for each of 
     fiscal years 2023 through 2025, to remain available until 
     expended.''.
       (b) Report by MedPAC.--Not later than March 15, 2022, the 
     Medicare Payment Advisory Commission shall submit to Congress 
     a report on establishing a prototype value-based payment 
     program under a unified prospective payment system for post-
     acute care services under the Medicare program under title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). 
     Such report--
       (1) shall--
       (A) consider design elements such as--
       (i) measures that are important to the Medicare program and 
     to beneficiaries under such program;
       (ii) methodologies for scoring provider performance and 
     effects on payment; and
       (iii) other elements determined appropriate by the 
     Commission; and
       (B) analyze the effects of implementing such prototype 
     program; and
       (2) may--
       (A) discuss the possible effects, with respect to the 
     Medicare program, on program spending, post-acute care 
     providers, patient outcomes, and other effects determined 
     appropriate by the Commission; and
       (B) include recommendations with respect to such prototype 
     program, as determined appropriate by the Commission, to 
     Congress and the Secretary of Health and Human Services.

     SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION 
                   AND MEDICAID AND CHIP PAYMENT AND ACCESS 
                   COMMISSION WITH ACCESS TO CERTAIN DRUG PAYMENT 
                   INFORMATION, INCLUDING CERTAIN REBATE 
                   INFORMATION.

       (a) Access to Certain Part D Payment Data.--Section 1860D-
     15(f) of the Social Security Act (42 U.S.C. 1395w-115(f)) is 
     amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A)(ii), by striking ``and'' at the 
     end;
       (B) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (C) by inserting at the end the following new subparagraph:
       ``(C) by the Executive Director of the Medicare Payment 
     Advisory Commission for purposes of monitoring, making 
     recommendations for, and analysis of the program under this 
     title and by the Executive Director of the Medicaid and CHIP 
     Payment and Access Commission for purposes of monitoring, 
     making recommendations for, and analysis of the Medicaid 
     program established under title XIX and the Children's Health 
     Insurance Program under title XXI.''; and
       (2) by adding at the end the following new paragraph:
       ``(3) Additional restrictions on disclosure of 
     information.--
       ``(A) In general.--The Executive Directors described in 
     paragraph (2)(C) shall not disclose any of the following 
     information disclosed to such Executive Directors or obtained 
     by such Executive Directors pursuant to such paragraph, with 
     respect to a prescription drug plan offered by a PDP sponsor 
     or an MA-PD plan offered by an MA organization:
       ``(i) The specific amounts or the identity of the source of 
     any rebates, discounts, price concessions, or other forms of 
     direct or indirect remuneration under such prescription drug 
     plan or such MA-PD plan.
       ``(ii) Information submitted with the bid submitted under 
     section 1860D-11(b) by such PDP sponsor or under section 
     1854(a) by such MA organization.
       ``(iii) In the case of such information from prescription 
     drug event records, information in

[[Page H7786]]

     a form that would not be permitted under section 423.505(m) 
     of title 42, Code of Federal Regulations, or any successor 
     regulation, if released by the Centers for Medicare & 
     Medicaid Services.
       ``(B) Clarification.--The restrictions on disclosures 
     described in subparagraph (A) shall also apply to disclosures 
     to individual Commissioners of the Medicare Payment Advisory 
     Commission or of the Medicaid and CHIP Payment and Access 
     Commission.''.
       (b) Access to Certain Rebate and Payment Data Under 
     Medicare and Medicaid.--Section 1927(b)(3)(D) of the Social 
     Security Act (42 U.S.C. 1396r-8(b)(3)(D)) is amended--
       (1) in the matter before clause (i), by striking 
     ``subsection (a)(6)(A)(ii)'' and inserting ``subsection 
     (a)(6)(A)'';
       (2) in clause (v), by striking ``and'' at the end;
       (3) in clause (vi), by striking the period at the end and 
     inserting ``, and'';
       (4) by inserting after clause (vi) the following new 
     clause:
       ``(vii) to permit the Executive Director of the Medicare 
     Payment Advisory Commission and the Executive Director of the 
     Medicaid and CHIP Payment and Access Commission to review the 
     information provided.'';
       (5) in the matter at the end, by striking ``1860D-
     4(c)(2)(E)'' and inserting ``1860D-4(c)(2)(G)''; and
       (6) by adding at the end the following new sentences: ``Any 
     information disclosed to the Executive Director of the 
     Medicare Payment Advisory Commission or the Executive 
     Director of the Medicaid and CHIP Payment and Access 
     Commission pursuant to this subparagraph shall not be 
     disclosed by either such Executive Director in a form which 
     discloses the identity of a specific manufacturer or 
     wholesaler or prices charged for drugs by such manufacturer 
     or wholesaler. Such information also shall not be disclosed 
     by either such Executive Director to individual Commissioners 
     of the Medicare Payment Advisory Commission or of the 
     Medicaid and CHIP Payment and Access Commission in a form 
     which discloses the identity of a specific manufacturer or 
     wholesaler or prices charged for drugs by such manufacturer 
     or wholesaler.''.

     SEC. 113. MORATORIUM ON PAYMENT UNDER THE MEDICARE PHYSICIAN 
                   FEE SCHEDULE OF THE ADD ON CODE FOR INHERENTLY 
                   COMPLEX EVALUATION AND MANAGEMENT VISITS.

       (a) In General.--The Secretary of Health and Human Services 
     may not, prior to January 1, 2024, make payment under the fee 
     schedule under section 1848 of the Social Security Act (42 
     U.S.C. 1395w-4) for services described by Healthcare Common 
     Procedure Coding System (HCPCS) code G2211 (or any successor 
     or substantially similar code), as described in section II.F. 
     of the final rule filed by the Secretary with the Office of 
     the Federal Register for public inspection on December 2, 
     2020, and entitled ``Medicare Program; CY 2021 Payment 
     Policies under the Physician Fee Schedule and Other Changes 
     to Part B Payment Policies; Medicare Shared Savings Program 
     Requirements; Medicaid Promoting Interoperability Program 
     Requirements for Eligible Professionals; Quality Payment 
     Program; Coverage of Opioid Use Disorder Services Furnished 
     by Opioid Treatment Programs; Medicare Enrollment of Opioid 
     Treatment Programs; Electronic Prescribing for Controlled 
     Substances for a Covered Part D Drug; Payment for Office/
     Outpatient Evaluation and Management Services; Hospital IQR 
     Program; Establish New Code Categories; Medicare Diabetes 
     Prevention Program (MDPP) Expanded Model Emergency Policy; 
     Coding and Payment for Virtual Check-in Services Interim 
     Final Rule Policy; Coding and Payment for Personal Protective 
     Equipment (PPE) Interim Final Rule Policy; Regulatory 
     Revisions in Response to the Public Health Emergency (PHE) 
     for COVID-19; and Finalization of Certain Provisions from the 
     March 31st , May 8th and September 2nd Interim Final Rules in 
     Response to the PHE for COVID-19''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement this section by interim 
     final rule, program instruction, or otherwise.

     SEC. 114. TEMPORARY FREEZE OF APM PAYMENT INCENTIVE 
                   THRESHOLDS.

       (a) In General.--Section 1833(z)(2) of the Social Security 
     Act (42 U.S.C. 1395l(z)(2)) is amended--
       (1) in subparagraph (B)--
       (A) in the heading, by striking ``and 2022'' and inserting 
     ``through 2024''; and
       (B) in the matter preceding clause (i), by striking ``2021 
     and 2022'' and inserting ``each of 2021 through 2024'';
       (2) in subparagraph (C)--
       (A) in the heading, by striking ``2023'' and inserting 
     ``2025''; and
       (B) in the matter preceding clause (i), by striking 
     ``2023'' and inserting ``2025''; and
       (3) in subparagraph (D), by adding at the end the 
     following: ``With respect to 2023 and 2024, the Secretary 
     shall use the same percentage criteria for counts of patients 
     that are used in 2022.''.
       (b) Partial Qualifying APM Participant Modifications.--
     Section 1848(q)(1)(C)(iii) of the Social Security Act (42 
     U.S.C. 1395w-4(q)(1)(C)(iii)) is amended--
       (1) in subclause (II), in the matter preceding item (aa), 
     by striking ``2021 and 2022'' and inserting ``each of 2021 
     through 2024''; and
       (2) in subclause (III), in the matter preceding item (aa), 
     by striking ``2023'' and inserting ``2025''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 115. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE 
                   INITIAL ASSESSMENT VISIT AND COMPLETE THE 
                   COMPREHENSIVE ASSESSMENT WITH RESPECT TO 
                   CERTAIN REHABILITATION SERVICES FOR HOME HEALTH 
                   AGENCIES UNDER THE MEDICARE PROGRAM.

       Not later than January 1, 2022, the Secretary of Health and 
     Human Services shall revise subsections (a)(2) and (b)(3) of 
     section 484.55 of title 42, Code of Federal Regulations, or a 
     successor regulation, to permit an occupational therapist to 
     conduct the initial assessment visit and to complete the 
     comprehensive assessment (as such terms are described in such 
     subsections, respectively) for home health services for an 
     individual under title XVIII of the Social Security Act (42 
     U.S.C. 1395 et seq.) if the home health plan of care for such 
     individual--
       (1) does not initially include skilled nursing care;
       (2) includes occupational therapy; and
       (3) includes physical therapy or speech language pathology.

     SEC. 116. CENTERS FOR MEDICARE & MEDICAID SERVICES PROVIDER 
                   OUTREACH AND REPORTING ON COGNITIVE ASSESSMENT 
                   AND CARE PLAN SERVICES.

       (a) Outreach.--The Secretary of Health and Human Services 
     (in this section referred to as the ``Secretary'') shall 
     conduct outreach to physicians and appropriate non-physician 
     practitioners participating under the Medicare program under 
     title XVIII of the Social Security Act (42 U.S.C. 1395 et 
     seq.) with respect to Medicare payment for cognitive 
     assessment and care plan services furnished to individuals 
     with cognitive impairment such as Alzheimer's disease and 
     related dementias, identified as of January 1, 2018, by HCPCS 
     code 99483, or any successor to such code (in this section 
     referred to as ``cognitive assessment and care plan 
     services''). Such outreach shall include a comprehensive, 
     one-time education initiative to inform such physicians and 
     practitioners of the addition of such services as a covered 
     benefit under the Medicare program, including the 
     requirements for eligibility for such services.
       (b) Reports.--
       (1) HHS report on provider outreach.--Not later than one 
     year after the date of enactment of this Act, the Secretary 
     of Health and Human Services shall submit to the Committee on 
     Ways and Means and the Committee on Energy and Commerce of 
     the House of Representatives and the Committee on Finance of 
     the Senate a report on the outreach conducted under 
     subsection (a). Such report shall include a description of 
     the methods used for such outreach.
       (2) GAO report on utilization rates.--Not later than 3 
     years after such date of enactment, the Comptroller General 
     of the United States shall submit to the Committee on Ways 
     and Means and the Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Finance of the 
     Senate a report on the number of Medicare beneficiaries who 
     were furnished cognitive assessment and care plan services 
     for which payment was made under title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.). Such report shall 
     include information on barriers Medicare beneficiaries face 
     to access such services, and recommendations for such 
     legislative and administrative action as the Comptroller 
     General deems appropriate.

     SEC. 117. CONTINUED COVERAGE OF CERTAIN TEMPORARY 
                   TRANSITIONAL HOME INFUSION THERAPY SERVICES.

       (a) In General.--Section 1861(iii)(3)(C) of the Social 
     Security Act (42 U.S.C. 1395x(iii)(3)(C)) is amended by 
     inserting after clause (ii) the following flush sentence:
     ``Clause (ii) shall not apply to a self-administered drug or 
     biological on a self-administered drug exclusion list if such 
     drug or biological was included as a transitional home 
     infusion drug under subparagraph (A)(iii) of section 
     1834(u)(7) and was identified by a HCPCS code described in 
     subparagraph (C)(ii) of such section.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to items and services furnished on or after 
     January 1, 2021.
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendment made by subsection (a) by interim final rule, 
     program instruction, or otherwise.

     SEC. 118. TRANSITIONAL COVERAGE AND RETROACTIVE MEDICARE PART 
                   D COVERAGE FOR CERTAIN LOW-INCOME 
                   BENEFICIARIES.

       Section 1860D-14 of the Social Security Act (42 U.S.C. 
     1395w-114) is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by adding after subsection (d) the following new 
     subsection:
       ``(e) Limited Income Newly Eligible Transition Program.--
       ``(1) In general.--Beginning not later than January 1, 
     2024, the Secretary shall carry out a program to provide 
     transitional coverage for covered part D drugs for LI NET 
     eligible individuals in accordance with this subsection.
       ``(2) LI net eligible individual defined.--For purposes of 
     this subsection, the term `LI NET eligible individual' means 
     a part D eligible individual who--
       ``(A) meets the requirements of clauses (ii) and (iii) of 
     subsection (a)(3)(A); and
       ``(B) has not yet enrolled in a prescription drug plan or 
     an MA-PD plan, or, who has so enrolled, but with respect to 
     whom coverage under such plan has not yet taken effect.
       ``(3) Transitional coverage.--For purposes of this 
     subsection, the term `transitional coverage' means with 
     respect to an LI NET eligible individual--
       ``(A) immediate access to covered part D drugs at the point 
     of sale during the period that begins on the first day of the 
     month such individual is determined to meet the requirements 
     of clauses (ii) and (iii) of subsection (a)(3)(A) and ends on 
     the date that coverage under a prescription drug plan or MA-
     PD plan takes effect with respect to such individual; and

[[Page H7787]]

       ``(B) in the case of an LI NET eligible individual who is a 
     full-benefit dual eligible individual (as defined in section 
     1935(c)(6)) or a recipient of supplemental security income 
     benefits under title XVI, retroactive coverage (in the form 
     of reimbursement of the amounts that would have been paid 
     under this part had such individual been enrolled in a 
     prescription drug plan or MA-PD plan) of covered part D drugs 
     purchased by such individual during the period that begins on 
     the date that is the later of--
       ``(i) the date that such individual was first eligible for 
     a low-income subsidy under this part; or
       ``(ii) the date that is 36 months prior to the date such 
     individual enrolls in a prescription drug plan or MA-PD plan,
     and ends on the date that coverage under such plan takes 
     effect.
       ``(4) Program administration.--
       ``(A) Point of contact.--The Secretary shall, as determined 
     appropriate by the Secretary, administer the program under 
     this subsection through a contract with a single program 
     administrator.
       ``(B) Benefit design.--The Secretary shall ensure that the 
     transitional coverage provided to LI NET eligible individuals 
     under this subsection--
       ``(i) provides access to all covered part D drugs under an 
     open formulary;
       ``(ii) permits all pharmacies determined by the Secretary 
     to be in good standing to process claims under the program;
       ``(iii) is consistent with such requirements as the 
     Secretary considers necessary to improve patient safety and 
     ensure appropriate dispensing of medication; and
       ``(iv) meets such other requirements as the Secretary may 
     establish.
       ``(5) Relationship to other provisions of this title; 
     waiver authority.--
       ``(A) In general.--The following provisions shall not apply 
     with respect to the program under this subsection:
       ``(i) Paragraphs (1) and (3)(B) of section 1860D-4(a) 
     (relating to dissemination of general information; 
     availability of information on changes in formulary through 
     the internet).
       ``(ii) Subparagraphs (A) and (B) of section 1860D-4(b)(3) 
     (relating to requirements on development and application of 
     formularies; formulary development).
       ``(iii) Paragraphs (1)(C) and (2) of section 1860D-4(c) 
     (relating to medication therapy management program).
       ``(B) Waiver authority.--The Secretary may waive such other 
     requirements of title XI and this title as may be necessary 
     to carry out the purposes of the program established under 
     this subsection.
       ``(6) Contracting authority.--The authority vested in the 
     Secretary by this subsection may be performed without regard 
     to such provisions of law or regulations relating to the 
     making, performance, amendment, or modification of contracts 
     of the United States as the Secretary may determine to be 
     inconsistent with the furtherance of the purpose of this 
     title.''.

     SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO 
                   LOWER BENEFICIARY COSTS.

       (a) Requiring Prescription Drug Plan Sponsors and Medicare 
     Advantage Organizations To Include Real-Time Benefit 
     Information Under Medicare Part D.--Section 1860D-4 of the 
     Social Security Act (42 U.S.C. 1395w-104) is amended--
       (1) by redesignating subsection (m) (relating to program 
     integrity transparency measures), as added by section 6063(c) 
     of the Substance Use-Disorder Prevention that Promotes Opioid 
     Recovery and Treatment for Patients and Communities Act 
     (Public Law 115-271), as subsection (n); and
       (2) by adding at the end the following new subsection:
       ``(o) Real-Time Benefit Information.--
       ``(1) In general.--After the Secretary has adopted a 
     standard under paragraph (3) for electronic real-time benefit 
     tools, and at a time determined appropriate by the Secretary, 
     a PDP sponsor of a prescription drug plan shall implement one 
     or more of such tools that meet the requirements described in 
     paragraph (2).
       ``(2) Requirements.--For purposes of paragraph (1), the 
     requirements described in this paragraph, with respect to an 
     electronic real-time benefit tool, are that the tool is 
     capable of--
       ``(A) integrating with electronic prescribing and 
     electronic health record systems of prescribing health care 
     professionals for the transmission of formulary and benefit 
     information in real time to such professionals; and
       ``(B) with respect to a covered part D drug, transmitting 
     such information specific to an individual enrolled in a 
     prescription drug plan, including the following:
       ``(i) A list of any clinically-appropriate alternatives to 
     such drug included in the formulary of such plan.
       ``(ii) Cost-sharing information and the negotiated price 
     for such drug and such alternatives at multiple pharmacy 
     options, including the individual's preferred pharmacy and, 
     as applicable, other retail pharmacies and a mail order 
     pharmacy.
       ``(iii) The formulary status of such drug and such 
     alternatives and any prior authorization or other utilization 
     management requirements applicable to such drug and such 
     alternatives included in the formulary of such plan.
       ``(3) Standards.--In order to be treated (for purposes of 
     this subsection) as an electronic real-time benefit tool 
     described in paragraph (1), such tool shall comply with 
     technical standards adopted by the Secretary in consultation 
     with the National Coordinator for Health Information 
     Technology through notice and comment rulemaking. Such 
     technical standards adopted by the Secretary shall be 
     developed by a standards development organization, such as 
     the National Council for Prescription Drug Programs, that 
     consults with stakeholders such as PDP sponsors, Medicare 
     Advantage organizations, beneficiary advocates, health care 
     professionals, and health information technology software 
     vendors.
       ``(4) Rules of construction.--Nothing in this subsection 
     shall be construed--
       ``(A) to prohibit the application of paragraph (b)(7) of 
     section 423.160 of title 42, Code of Federal Regulations, as 
     is to be added to such section pursuant to the final rule 
     published in the Federal Register on May 23, 2019, and titled 
     `Modernizing Part D and Medicare Advantage To Lower Drug 
     Prices and Reduce Out-of-Pocket Expenses' (84 Fed. Reg. 23832 
     through 23884); or
       ``(B) to allow a PDP sponsor to use a real-time benefit 
     tool to steer an individual, without the consent of the 
     individual, to a particular pharmacy or pharmacy type over 
     their preferred pharmacy or pharmacy type nor prohibit the 
     designation of an individual's preferred pharmacy under such 
     tool.''.
       (b) Requiring Qualified Electronic Health Records To 
     Include Real-Time Benefit Tools.--Section 3000(13) of the 
     Public Health Service Act (42 U.S.C. 300jj(13)) is amended--
       (1) in subparagraph (A), by striking ``and'' at the end;
       (2) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) includes, or is capable of including, a real-time 
     benefit tool that conveys patient-specific real-time cost and 
     coverage information with respect to prescription drugs that, 
     with respect to any health information technology certified 
     for electronic prescribing, the technology shall be capable 
     of incorporating the information described in clauses (i) 
     through (iii) of paragraph (2)(B) of section 1860D-4(o) of 
     the Social Security Act at a time specified by the Secretary 
     but not before the Secretary adopts a standard for such tools 
     as described in paragraph (1) of such section.''.
       (c) Inclusion of Use of Real-Time Electronic Information in 
     Shared Decision-Making Under MIPS.--Section 
     1848(q)(2)(B)(iii)(IV) of the Social Security Act (42 U.S.C. 
     1395w-4(q)(2)(B)(iii)(IV)) is amended by adding at the end 
     the following new sentences: ``This subcategory shall include 
     as an activity, for performance periods beginning on or after 
     January 1, 2022, use of a real-time benefit tool as described 
     in section 1860D-4(o). The Secretary may establish this 
     activity as a standalone or as a component of another 
     activity.''.

     SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION.

       (a) Beneficiary Enrollment Simplification.--
       (1) Effective date of coverage.--Section 1838(a) of the 
     Social Security Act (42 U.S.C. 1395q(a)) is amended--
       (A) by amending paragraph (2) to read as follows:
       ``(2)(A) in the case of an individual who enrolls pursuant 
     to subsection (d) of section 1837 before the month in which 
     he first satisfies paragraph (1) or (2) of section 1836(a), 
     the first day of such month,
       ``(B) in the case of an individual who first satisfies such 
     paragraph in a month beginning before January 2023 and who 
     enrolls pursuant to such subsection (d)--
       ``(i) in such month in which he first satisfies such 
     paragraph, the first day of the month following the month in 
     which he so enrolls,
       ``(ii) in the month following such month in which he first 
     satisfies such paragraph, the first day of the second month 
     following the month in which he so enrolls, or
       ``(iii) more than one month following such month in which 
     he satisfies such paragraph, the first day of the third month 
     following the month in which he so enrolls,
       ``(C) in the case of an individual who first satisfies such 
     paragraph in a month beginning on or after January 1, 2023, 
     and who enrolls pursuant to such subsection (d) in such month 
     in which he first satisfies such paragraph or in any 
     subsequent month of his initial enrollment period, the first 
     day of the month following the month in which he so enrolls, 
     or
       ``(D) in the case of an individual who enrolls pursuant to 
     subsection (e) of section 1837 in a month beginning--
       ``(i) before January 1, 2023, the July 1 following the 
     month in which he so enrolls; or
       ``(ii) on or after January 1, 2023, the first day of the 
     month following the month in which he so enrolls; or''; and
       (B) by amending paragraph (3) to read as follows:
       ``(3) in the case of an individual who is deemed to have 
     enrolled--
       ``(A) on or before the last day of the third month of his 
     initial enrollment period, the first day of the month in 
     which he first meets the applicable requirements of section 
     1836(a) or July 1, 1973, whichever is later, or
       ``(B) on or after the first day of the fourth month of his 
     initial enrollment period, and where such month begins--
       ``(i) before January 1, 2023, as prescribed under 
     subparagraphs (B)(i), (B)(ii), (B)(iii), and (D)(i) of 
     paragraph (2), or
       ``(ii) on or after January 1, 2023, as prescribed under 
     subparagraphs (C) and (D)(ii) of paragraph (2).''.
       (2) Special enrollment periods for exceptional 
     circumstances.--
       (A) Enrollment.--Section 1837 of the Social Security Act 
     (42 U.S.C. 1395p) is amended by adding at the end the 
     following new subsection:
       ``(m) Beginning January 1, 2023, the Secretary may 
     establish special enrollment periods in the case of 
     individuals who satisfy paragraph (1) or (2) of section 
     1836(a) and meet such exceptional conditions as the Secretary 
     may provide.''.

[[Page H7788]]

       (B) Coverage period.--Section 1838 of the Social Security 
     Act (42 U.S.C. 1395q) is amended by adding at the end the 
     following new subsection:
       ``(g) Notwithstanding subsection (a), in the case of an 
     individual who enrolls during a special enrollment period 
     pursuant to section 1837(m), the coverage period shall begin 
     on a date the Secretary provides in a manner consistent (to 
     the extent practicable) with protecting continuity of health 
     benefit coverage.''.
       (C) Conforming amendment.--Title XVIII of the Social 
     Security Act (42 U.S.C. 1395 et seq.) is amended--
       (i) in section 1818A(c)(3), by striking ``subsections (h) 
     and (i) of section 1837'' and inserting ``subsections (h), 
     (i), and (m) of section 1837''; and
       (ii) in section 1839(b), in the first sentence, by striking 
     ``or (l)'' and inserting ``, (l), or (m)''.
       (3) Technical correction.--Section 1839(b) of the Social 
     Security Act (42 U.S.C. 1395r(b)) is amended by adding at the 
     end the following new sentence: ``For purposes of determining 
     any increase under this subsection for individuals whose 
     enrollment occurs on or after January 1, 2023, the second 
     sentence of this subsection shall be applied by substituting 
     `close of the month' for `close of the enrollment period' 
     each place it appears.''.
       (4) Report.--Not later than January 1, 2023, the Secretary 
     of Health and Human Services shall submit to the Committee on 
     Ways and Means and Committee on Energy and Commerce of the 
     House of Representatives and the Committee on Finance and 
     Special Committee on Aging of the Senate a report on how to 
     align existing Medicare enrollment periods under title XVIII 
     of the Social Security Act, including the general enrollment 
     period under part B of such title and the annual, coordinated 
     election period under the Medicare Advantage program under 
     part C of such title and under the prescription drug program 
     under part D of such title. Such report shall include 
     recommendations consistent with the goals of maximizing 
     coverage continuity and choice and easing beneficiary 
     transition.
       (b) Funding.--Section 1808 of the Social Security Act (42 
     U.S.C. 1395b-9) is amended by adding the end the following 
     new subsection:
       ``(e) Funding for Implementation of Beneficiary Enrollment 
     Simplification.--For purposes of carrying out the provisions 
     of and the amendments made by section 120 of division CC of 
     the Consolidated Appropriations Act, 2021, the Secretary 
     shall provide for the transfer, from the Federal Hospital 
     Insurance Trust Fund under section 1817 and the Federal 
     Supplementary Medical Insurance Trust Fund under section 1841 
     (in such proportion as the Secretary determines appropriate), 
     to the Centers for Medicare & Medicaid Services Program 
     Management Account, of $2,000,000 for each of fiscal years 
     2021 through 2030, to remain available until expended.''.

     SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE 
                   MEDICARE PROGRAM.

       (a) In General.--Section 1834(a)(9)(D)(ii) of the Social 
     Security Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application 
     of subsection (b), is amended by adding at the end the 
     following new sentence: ``The requirement of the preceding 
     sentence shall not apply beginning with the second calendar 
     quarter beginning on or after the date of the enactment of 
     this sentence.''.
       (b) Technical Correction.--
       (1) In general.--Section 4552(b) of the Balanced Budget Act 
     of 1997 (Public Law 105-33) is amended by striking ``section 
     1848(a)(9)'' and inserting ``section 1834(a)(9)''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the enactment of the 
     Balanced Budget Act of 1997 (Public Law 105-33).
       (c) Implementation.--Notwithstanding any other provision of 
     law, the Secretary of Health and Human Services may implement 
     the amendments made by this section by program instruction or 
     otherwise.

     SEC. 122. WAIVING MEDICARE COINSURANCE FOR CERTAIN COLORECTAL 
                   CANCER SCREENING TESTS.

       (a) In General.--Section 1833(a) of the Social Security Act 
     (42 U.S.C. 1395l(a)) is amended--
       (1) in the second sentence, by striking ``section 1834(0)'' 
     and inserting ``section 1834(o)'';
       (2) by moving such second sentence 2 ems to the left; and
       (3) by inserting the following third sentence following 
     such second sentence: ``For services furnished on or after 
     January 1, 2022, paragraph (1)(Y) shall apply with respect to 
     a colorectal cancer screening test regardless of the code 
     that is billed for the establishment of a diagnosis as a 
     result of the test, or for the removal of tissue or other 
     matter or other procedure that is furnished in connection 
     with, as a result of, and in the same clinical encounter as 
     the screening test.''.
       (b) Special Coinsurance Rule for Certain Tests.--Section 
     1833 of the Social Security Act (42 U.S.C. 1395l) is 
     amended--
       (1) in subsection (a)(1)(Y), by inserting ``subject to 
     subsection (dd),'' before ``with respect to''; and
       (2) by adding at the end the following new subsection:
       ``(dd) Special Coinsurance Rule for Certain Colorectal 
     Cancer Screening Tests.--
       ``(1) In general.--In the case of a colorectal cancer 
     screening test to which paragraph (1)(Y) of subsection (a) 
     would not apply but for the third sentence of such subsection 
     that is furnished during a year beginning on or after January 
     1, 2022, and before January 1, 2030, the amount paid shall be 
     equal to the specified percent (as defined in paragraph (2)) 
     for such year of the lesser of the actual charge for the 
     service or the amount determined under the fee schedule that 
     applies to such test under this part (or, in the case such 
     test is a covered OPD service (as defined in subsection 
     (t)(1)(B)), the amount determined under subsection (t)).
       ``(2) Specified percent defined.--For purposes of paragraph 
     (1), the term `specified percent' means--
       ``(A) for 2022, 80 percent;
       ``(B) for 2023 through 2026, 85 percent; and
       ``(C) for 2027 through 2029, 90 percent.''.
       (c) Conforming Amendments.--Paragraphs (2) and (3) of 
     section 1834(d) of the Social Security Act (42 U.S.C. 
     1395m(d)) are each amended--
       (1) in subparagraph (C)(ii), in the matter preceding 
     subclause (I), by striking ``Notwithstanding'' and inserting 
     ``Subject to section 1833(a)(1)(Y), but notwithstanding''; 
     and
       (2) in subparagraph (D), by striking ``If during'' and 
     inserting ``Subject to section 1833(a)(1)(Y), if during''.

     SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES 
                   FURNISHED THROUGH TELEHEALTH.

       (a) Treatment of Mental Health Services Furnished Through 
     Telehealth.--Paragraph (7) of section 1834(m) of the Social 
     Security Act (42 U.S.C. 1395m(m)) is amended--
       (1) by striking ``disorder services furnished through 
     telehealth.--The geographic'' and inserting ``disorder 
     services and mental health services furnished through 
     telehealth.--
       ``(A) In general.--The geographic'';
       (2) in subparagraph (A), as added by paragraph (1), by 
     inserting ``or, on or after the first day after the end of 
     the emergency period described in section 1135(g)(1)(B), 
     subject to subparagraph (B), to an eligible telehealth 
     individual for purposes of diagnosis, evaluation, or 
     treatment of a mental health disorder, as determined by the 
     Secretary,'' after ``as determined by the Secretary,''; and
       (3) by adding at the end the following new subparagraph:
       ``(B) Requirements for mental health services furnished 
     through telehealth.--
       ``(i) In general.--Payment may not be made under this 
     paragraph for telehealth services furnished by a physician or 
     practitioner to an eligible telehealth individual for 
     purposes of diagnosis, evaluation, or treatment of a mental 
     health disorder unless such physician or practitioner 
     furnishes an item or service in person, without the use of 
     telehealth, for which payment is made under this title (or 
     would have been made under this title if such individual were 
     entitled to, or enrolled for, benefits under this title at 
     the time such item or service is furnished)--

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

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

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

       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement the provisions of, or 
     amendments made by, this section by interim final rule, 
     program instruction, or otherwise.

     SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE, 
                   FRAUD, AND ABUSE DETECTION.

       (a) In General.--Section 1128C(a) of the Social Security 
     Act (42 U.S.C. 1320a-7c(a)) is amended by adding at the end 
     the following new paragraph:
       ``(6) Public-private partnership for waste, fraud, and 
     abuse detection.--
       ``(A) In general.--Under the program described in paragraph 
     (1), there is established a public-private partnership (in 
     this paragraph referred to as the `partnership') of health 
     plans, Federal and State agencies, law enforcement agencies, 
     health care anti-fraud organizations, and any other entity 
     determined appropriate by the Secretary (in this paragraph 
     referred to as `partners') for purposes of detecting and 
     preventing health care waste, fraud, and abuse.
       ``(B) Contract with trusted third party.--In carrying out 
     the partnership, the Secretary shall enter into a contract 
     with a trusted third party for purposes of carrying out the 
     duties of the partnership described in subparagraph (C).
       ``(C) Duties of partnership.--The partnership shall--
       ``(i) provide technical and operational support to 
     facilitate data sharing between partners in the partnership;
       ``(ii) analyze data so shared to identify fraudulent and 
     aberrant billing patterns;
       ``(iii) conduct aggregate analyses of health care data so 
     shared across Federal, State, and private health plans for 
     purposes of detecting fraud, waste, and abuse schemes;
       ``(iv) identify outlier trends and potential 
     vulnerabilities of partners in the partnership with respect 
     to such schemes;
       ``(v) refer specific cases of potential unlawful conduct to 
     appropriate governmental entities;
       ``(vi) convene, not less than annually, meetings with 
     partners in the partnership for purposes of providing updates 
     on the partnership's work and facilitating information 
     sharing between the partners;
       ``(vii) enter into data sharing and data use agreements 
     with partners in the partnership in such a manner so as to 
     ensure the partnership has access to data necessary to 
     identify waste,

[[Page H7789]]

     fraud, and abuse while maintaining the confidentiality and 
     integrity of such data;
       ``(viii) provide partners in the partnership with plan-
     specific, confidential feedback on any aberrant billing 
     patterns or potential fraud identified by the partnership 
     with respect to such partner;
       ``(ix) establish a process by which entities described in 
     subparagraph (A) may enter the partnership and requirements 
     such entities must meet to enter the partnership;
       ``(x) provide appropriate training, outreach, and education 
     to partners based on the results of data analyses described 
     in clauses (ii) and (iii); and
       ``(xi) perform such other duties as the Secretary 
     determines appropriate.
       ``(D) Substance use disorder treatment analysis.--Not later 
     than 2 years after the date of the enactment of the 
     Consolidated Appropriations Act, 2021, the trusted third 
     party with a contract in effect under subparagraph (B) shall 
     perform an analysis of aberrant or fraudulent billing 
     patterns and trends with respect to providers and suppliers 
     of substance use disorder treatments from data shared with 
     the partnership.
       ``(E) Executive board.--
       ``(i) Executive board composition.--

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

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

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

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

     SEC. 125. MEDICARE PAYMENT FOR RURAL EMERGENCY HOSPITAL 
                   SERVICES.

       (a) In General.--
       (1) Definitions.--Section 1861 of the Social Security Act 
     (42 U.S.C. 1395x) is amended--
       (A) in subsection (e), in the last sentence of the matter 
     following paragraph (9), by inserting ``or a rural emergency 
     hospital (as defined in subsection (kkk)(2))'' before the 
     period at the end; and
       (B) by adding at the end the following subsection:

     ``Rural Emergency Hospital Services; Rural Emergency Hospital

       ``(kkk)(1) Rural Emergency Hospital Services.--
       ``(A) In general.--The term `rural emergency hospital 
     services ' means the following services furnished by a rural 
     emergency hospital (as defined in paragraph (2)) that do not 
     exceed an annual per patient average of 24 hours in such 
     rural emergency hospital:
       ``(i) Emergency department services and observation care.
       ``(ii) At the election of the rural emergency hospital, 
     with respect to services furnished on an outpatient basis, 
     other medical and health services as specified by the 
     Secretary through rulemaking.
       ``(B) Staffed emergency department.--For purposes of 
     subparagraph (A)(i), an emergency department of a rural 
     emergency hospital shall be considered a staffed emergency 
     department if it meets the following requirements:
       ``(i) The emergency department is staffed 24 hours a day, 7 
     days a week.
       ``(ii) A physician (as defined in section 1861(r)(1)), 
     nurse practitioner, clinical nurse specialist, or physician 
     assistant (as those terms are defined in section 1861(aa)(5)) 
     is available to furnish rural emergency hospital services in 
     the facility 24 hours a day.
       ``(iii) Applicable staffing and staffing responsibilities 
     under section 485.631 of title 42, Code of Federal 
     Regulations (or any successor regulation).
       ``(2) Rural Emergency Hospital.--The term `rural emergency 
     hospital' means a facility described in paragraph (3) that--
       ``(A) is enrolled under section 1866(j), submits the 
     additional information described in paragraph (4)(A) for 
     purposes of such enrollment, and makes the detailed 
     transition plan described in clause (i) of such paragraph 
     available to the public, in a form and manner determined 
     appropriate by the Secretary;
       ``(B) does not provide any acute care inpatient services, 
     other than those described in paragraph (6)(A);
       ``(C) has in effect a transfer agreement with a level I or 
     level II trauma center;
       ``(D) meets--
       ``(i) licensure requirements as described in paragraph (5);
       ``(ii) the requirements of a staffed emergency department 
     as described in paragraph (1)(B);
       ``(iii) such staff training and certification requirements 
     as the Secretary may require;
       ``(iv) conditions of participation applicable to--
       ``(I) critical access hospitals, with respect to emergency 
     services under section 485.618 of title 42, Code of Federal 
     Regulations (or any successor regulation); and
       ``(II) hospital emergency departments under this title, as 
     determined applicable by the Secretary;
       ``(v) such other requirements as the Secretary finds 
     necessary in the interest of the health and safety of 
     individuals who are furnished rural emergency hospital 
     services; and
       ``(vi) in the case where the rural emergency hospital 
     includes a distinct part unit of the facility that is 
     licensed as a skilled nursing facility, such distinct part 
     meets the requirements applicable to skilled nursing 
     facilities under this title.
       ``(3) Facility Described.--A facility described in this 
     paragraph is a facility that as of the date of the enactment 
     of this subsection--
       ``(A) was a critical access hospital; or
       ``(B) was a subsection (d) hospital (as defined in section 
     1886(d)(1)(B)) with not more than 50 beds located in a county 
     (or equivalent unit of local government) in a rural area (as 
     defined in section 1886(d)(2)(D)), or was a subsection (d) 
     hospital (as so defined) with not more than 50 beds that was 
     treated as being located in a rural area pursuant to section 
     1886(d)(8)(E).
       ``(4) Additional Information.--
       ``(A) Information.--For purposes of paragraph (2)(A), a 
     facility that submits an application for enrollment under 
     section 1866(j) as a rural emergency hospital shall submit 
     the following information at such time and in such form as 
     the Secretary may require:
       ``(i) An action plan for initiating rural emergency 
     hospital services (as defined in paragraph (1)), including a 
     detailed transition plan that lists the specific services 
     that the facility will--
       ``(I) retain;
       ``(II) modify
       ``(III) add; and
       ``(IV) discontinue.
       ``(ii) A description of services that the facility intends 
     to furnish on an outpatient basis pursuant to paragraph 
     (1)(A)(ii).
       ``(iii) Information regarding how the facility intends to 
     use the additional facility payment provided under section 
     1834(x)(2), including a description of the services covered 
     under this title that the additional facility payment would 
     be supporting, such as furnishing telehealth services and 
     ambulance services, including operating the facility and 
     maintaining the emergency department to provide such services 
     covered under this title.
       ``(iv) Such other information as the Secretary determines 
     appropriate.
       ``(B) Effect of enrollment.--Such enrollment shall remain 
     effective with respect to a facility until such time as--
       ``(i) the facility elects to convert back to its prior 
     designation as a critical access hospital or a subsection (d) 
     hospital (as defined in section 1886(d)(1)(B)), subject to 
     requirements applicable under this title for such designation 
     and in accordance with procedures established by the 
     Secretary; or
       ``(ii) the Secretary determines the facility does not meet 
     the requirements applicable to a rural emergency hospital 
     under this subsection.

[[Page H7790]]

       ``(5) Licensure.--A facility may not operate as a rural 
     emergency hospital in a State unless the facility--
       ``(A) is located in a State that provides for the licensing 
     of such hospitals under State or applicable local law; and
       ``(B)(i) is licensed pursuant to such law; or
       ``(ii) is approved by the agency of such State or locality 
     responsible for licensing hospitals, as meeting the standards 
     established for such licensing.
       ``(6) Discretionary Authority.--A rural emergency hospital 
     may--
       ``(A) include a unit of the facility that is a distinct 
     part licensed as a skilled nursing facility to furnish post-
     hospital extended care services; and
       ``(B) be considered a hospital with less than 50 beds for 
     purposes of the exception to the payment limit for rural 
     health clinics under section 1833(f).
       ``(7) Quality Measurement.--
       ``(A) In general.--The Secretary shall establish quality 
     measurement reporting requirements for rural emergency 
     hospitals, which may include the use of a small number of 
     claims-based outcomes measures or surveys of patients with 
     respect to their experience in the rural emergency hospital, 
     in accordance with the succeeding provisions of this 
     paragraph.
       ``(B) Quality reporting by rural emergency hospitals.--
       ``(i) In general.--With respect to each year beginning with 
     2023, (or each year beginning on or after the date that is 
     one year after one or more measures are first specified under 
     subparagraph (C)), a rural emergency hospital shall submit 
     data to the Secretary in accordance with clause (ii).
       ``(ii) Submission of quality data.--With respect to each 
     such year, a rural emergency hospital shall submit to the 
     Secretary data on quality measures specified under 
     subparagraph (C). Such data shall be submitted in a form and 
     manner, and at a time, specified by the Secretary for 
     purposes of this subparagraph.
       ``(C) Quality measures.--
       ``(i) In general.--Subject to clause (ii), any measure 
     specified by the Secretary under this subparagraph must have 
     been endorsed by the entity with a contract under section 
     1890(a).
       ``(ii) Exception.--In the case of a specified area or 
     medical topic determined appropriate by the Secretary for 
     which a feasible and practical measure has not been endorsed 
     by the entity with a contract under section 1890(a), the 
     Secretary may specify a measure that is not so endorsed as 
     long as due consideration is given to measures that have been 
     endorsed or adopted by a consensus organization identified by 
     the Secretary.
       ``(iii) Consideration of low case volume when specifying 
     performance measures.--The Secretary shall, in the selection 
     of measures specified under this subparagraph, take into 
     consideration ways to account for rural emergency hospitals 
     that lack sufficient case volume to ensure that the 
     performance rates for such measures are reliable.
       ``(D) Public availability of data submitted.--The Secretary 
     shall establish procedures for making data submitted under 
     subparagraph (B) available to the public regarding the 
     performance of individual rural emergency hospitals. Such 
     procedures shall ensure that a rural emergency hospital has 
     the opportunity to review, and submit corrections for, the 
     data that is to be made public with respect to the rural 
     emergency hospital prior to such data being made public. Such 
     information shall be posted on the Internet website of the 
     Centers for Medicare & Medicaid Services in an easily 
     understandable format as determined appropriate by the 
     Secretary.
       ``(8) Clarification Regarding Application of Provisions 
     Relating to Off-campus Outpatient Department of a Provider.--
     Nothing in this subsection, section 1833(a)(10), or section 
     1834(x) shall affect the application of paragraph (1)(B)(v) 
     of section 1833(t), relating to applicable items and services 
     (as defined in subparagraph (A) of paragraph (21) of such 
     section) that are furnished by an off-campus outpatient 
     department of a provider (as defined in subparagraph (B) of 
     such paragraph).
       ``(9) Implementation.--There shall be no administrative or 
     judicial review under section 1869, 1878, or otherwise of the 
     following:
       ``(A) The determination of whether a rural emergency 
     hospital meets the requirements of this subsection.
       ``(B) The establishment of requirements under this 
     subsection by the Secretary, including requirements described 
     in paragraphs (2)(D), (4), and (7).
       ``(C) The determination of payment amounts under section 
     1834(x), including the additional facility payment described 
     in paragraph (2) of such section.''.
       (2) Payment for rural emergency hospital services.--
       (A) In general.--Section 1833(a) of the Social Security Act 
     (42 U.S.C. 1395l(a)) is amended--
       (i) in paragraph (8), by striking ``and'' at the end;
       (ii) in paragraph (9), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) with respect to rural emergency hospital services 
     furnished on or after January 1, 2023, the amounts determined 
     under section 1834(x).''.
       (B) Payment amount.--Section 1834 of the Social Security 
     Act (42 U.S.C. 1395m) is amended by adding at the end the 
     following subsection:
       ``(x) Payment Rules Relating to Rural Emergency 
     Hospitals.--
       ``(1) Payment for rural emergency hospital services.--In 
     the case of rural emergency hospital services (as defined in 
     section 1861(kkk)(1)), furnished by a rural emergency 
     hospital (as defined in section 1861(kkk)(2)) on or after 
     January 1, 2023, the amount of payment for such services 
     shall be equal to the amount of payment that would otherwise 
     apply under section 1833(t) for covered OPD services (as 
     defined in section 1833(t)(1)(B) (other than clause (ii) of 
     such section)), increased by 5 percent to reflect the higher 
     costs incurred by such hospitals, and shall include the 
     application of any copayment amount determined under section 
     1833(t)(8) as if such increase had not occurred.
       ``(2) Additional facility payment.--
       ``(A) In general.--The Secretary shall make monthly 
     payments to a rural emergency hospital in an amount that is 
     equal to \1/12\ of the annual additional facility payment 
     specified in subparagraph (B).
       ``(B) Annual additional facility payment amount.--The 
     annual additional facility payment amount specified in this 
     subparagraph is--
       ``(i) for 2023, a Medicare subsidy amount determined under 
     subparagraph (C); and
       ``(ii) for 2024 and each subsequent year, the amount 
     determined under this subparagraph for the preceding year, 
     increased by the hospital market basket percentage increase.
       ``(C) Determination of medicare subsidy amount.--For 
     purposes of subparagraph (B)(i), the Medicare subsidy amount 
     determined under this subparagraph is an amount equal to--
       ``(i) the excess (if any) of--

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

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

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

       (ii) in subparagraph (N)--

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

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

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

       (d) Conforming Amendments.--
       (1) Section 1861(u) of the Social Security Act (42 U.S.C. 
     1395x(u)) is amended by inserting ``rural emergency 
     hospital,'' after ``critical access hospital,''.
       (2) Section 1864 of the Social Security Act (42 U.S.C. 
     1395aa) is amended by inserting before the period at the end 
     of the first sentence ``, or whether a facility is a rural 
     emergency hospital as defined in section 1861(kkk)(2).

[[Page H7791]]

       (e) Studies and Reports.--
       (1) Studies.--The Secretary of Health and Human Services 
     shall conduct 3 studies to evaluate the impact of rural 
     emergency hospitals on the availability of health care and 
     health outcomes in rural areas (as defined in section 
     1886(d)(2)(D) of the Social Security Act (42 U.S.C. 
     1395ww(d)(2)(D))). The Secretary shall conduct a study--
       (A) 4 years after the date of the enactment of this Act;
       (B) 7 years after the date of the enactment of this Act; 
     and
       (C) 10 years after the date of the enactment of this Act.
       (2) Reports.--Not later than 6 months after each date that 
     the Secretary of Health and Human Services is required to 
     conduct a study under paragraph (1), the Secretary shall 
     submit to Congress a report containing the results of each 
     such study.
       (3) Funding.--For purposes of carrying out this subsection, 
     the Secretary of Health and Human Services shall provide for 
     the transfer, from the Federal Hospital Insurance Trust Fund 
     under section 1817 of the Social Security Act (42 U.S.C. 
     1395i) and the Federal Supplementary Medical Insurance Trust 
     Fund under section 1841 of such Act (42 U.S.C. 1395t), in 
     such proportion as the Secretary determines appropriate, to 
     the Centers for Medicare & Medicaid Services Program 
     Management Account, of $9,000,000. Amounts transferred under 
     the preceding sentence shall remain available until expended.
       (f) MedPAC Review of Payments to Rural Emergency 
     Hospitals.--Each report submitted by the Medicare Payment 
     Advisory Commission under section 1805(b)(1)(C) of the Social 
     Security Act (42 U.S.C. 1395b-6(b)(1)(C)) (beginning with 
     2024), shall include a review of payments to rural emergency 
     hospitals under section 1834(x), as added by subsection (a).
       (g) Effective Date.--The amendments made by this section 
     shall apply to items and services furnished on or after 
     January 1, 2023.

     SEC. 126. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.

       (a) In General.--Section 1886(h) of the Social Security Act 
     (42 U.S.C. 1395ww(h)) is amended--
       (1) in paragraph (4)(F)(i), by striking ``paragraphs (7) 
     and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
       (2) in paragraph (4)(H)(i), by striking ``paragraphs (7) 
     and (8)'' and inserting ``paragraphs (7), (8), and (9)'';
       (3) in paragraph (7)(E), by inserting ``paragraph (9),'' 
     after ``paragraph (8),''; and
       (4) by adding at the end the following new paragraph:
       ``(9) Distribution of additional residency positions.--
       ``(A) Additional residency positions.--
       ``(i) In general.--For fiscal year 2023, and for each 
     succeeding fiscal year until the aggregate number of full-
     time equivalent residency positions distributed under this 
     paragraph is equal to the aggregate number of such positions 
     made available (as specified in clause (ii)(I)), the 
     Secretary shall, subject to the succeeding provisions of this 
     paragraph, increase the otherwise applicable resident limit 
     for each qualifying hospital (as defined in subparagraph (F)) 
     that submits a timely application under this subparagraph by 
     such number as the Secretary may approve effective beginning 
     July 1 of the fiscal year of the increase.
       ``(ii) Number available for distribution.--

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

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

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

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

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

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

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

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

[[Page H7792]]

       (iii) the number of instances in which residents filling 
     such positions so distributed treated individuals entitled to 
     benefits under part A, or enrolled under part B, of title 
     XVIII of the Social Security Act (42 U.S.C. 1395 et seq.);
       (iv) the location where each resident that filled a 
     position so distributed went on to practice.

     SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.

       Section 1886(h)(4)(H)(iv) of the Social Security Act (42 
     U.S.C. 1395ww(h)(4)(iv)) is amended--
       (1) by striking ``(iv) Nonrural Hospital Operating Training 
     Programs in Rural Areas.--In the case of'' and inserting the 
     following:
       ``(iv) Training programs in rural areas.--

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

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

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

     SEC. 128. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL 
                   DEMONSTRATION PROGRAM.

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

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

       (iii) in paragraph (2), by striking ``10-year extension 
     period'' and inserting ``15-year extension period'';
       (iv) in paragraph (3), by striking ``10-year extension 
     period'' and inserting ``15-year extension period'';
       (v) in paragraph (4), by striking ``10-year extension 
     period'' each place it appears and inserting ``15-year 
     extension period'';
       (vi) in paragraph (5), by striking ``10-year extension 
     period'' and inserting ``15-year extension period''; and
       (vii) in subparagraph (A) of paragraph (6), by striking 
     ``10-year extension period'' and inserting ``15-year 
     extension period''.
       (B) Rule for hospitals that are not original participants 
     in the demonstration.--Paragraph (5) of subsection (g) of 
     such section 410A is amended--
       (i) by striking ``program.--During'' and inserting 
     ``program.--
       ``(A) CURES act extension.--During''; and
       (ii) by adding at the end the following new subparagraph:
       ``(B) Additional extension.--During the third 5 years of 
     the 15-year extension period, the Secretary shall apply the 
     provisions of paragraph (4) to rural community hospitals that 
     are not described in paragraph (4) but are participating in 
     the demonstration program under this section as of December 
     30, 2019, in a similar manner as such provisions apply to 
     rural community hospitals described in paragraph (4).''.
       (b) Clarifying Technical Amendments.--Such section 410A, as 
     amended by subsection (a), is further amended--
       (1) in subsection (a)(1), by inserting ``of Health and 
     Human Services'' after ``Secretary'';
       (2) in subsection (f)(1)(A)(iv) by inserting ``of the 
     Social Security Act (42 U.S.C. 1395i-4)'' after ``section 
     1820''; and
       (3) in subsection (g)--
       (A) in the heading of paragraph (4), by striking 
     ``Hospitals in demonstration program on date of enactment'' 
     and inserting ``Hospitals participating in the demonstration 
     program during the initial 5-year period''; and
       (B) in paragraph (6)(A), by striking ``not later than 120 
     days after the date of the enactment of this paragraph'' and 
     inserting ``not later than April 12, 2017''.

     SEC. 129. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION 
                   PROJECT DEMONSTRATION.

       (a) In General.--Subsection (f) of section 123 of the 
     Medicare Improvements for Patients and Providers Act of 2008 
     (42 U.S.C. 1395i-4 note) is amended--
       (1) in paragraph (1), by striking ``3-year period beginning 
     on October 1, 2009'' and inserting ``3-year period beginning 
     on August 1, 2016 (referred to in this section as the 
     `initial period'), and 5-year period beginning on July 1, 
     2021 (referred to in this section as the `extension 
     period')'';
       (2) in paragraph (2)--
       (A) by striking ``project.--The demonstration'' and 
     inserting ``project.--
       ``(A) Initial period.--During the initial period, the 
     demonstration''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Extension period.--During the extension period, the 
     demonstration project under this section shall be considered 
     to have begun in a State on the date during such period on 
     which the eligible counties selected to participate in the 
     demonstration project under subsection (d)(3) begin 
     operations in accordance with the requirements under the 
     demonstration project.''; and
       (3) by adding at the end the following new paragraph:
       ``(3) Re-entry on a rolling basis for extension period.--A 
     critical access hospital participating in the demonstration 
     project under this section during the extension period shall 
     begin such participation in the cost reporting year that 
     begins on or after July 1, 2021.''.
       (b) Eligible Entities.--Subsection (d)(1) of such section 
     123 is amended--
       (1) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``In this section'' and inserting ``Subject 
     to subparagraph (C), in this section''; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Extension period.--An entity shall only be eligible 
     to participate in the demonstration project under this 
     section during the extension period if the entity 
     participated in the demonstration project under this section 
     during the initial period.''.
       (c) Funding.--Subsection (g)(1) of such section 123 is 
     amended--
       (1) in subparagraph (A)--
       (A) by striking ``In general'' and inserting ``Initial 
     period''; and
       (B) by inserting ``with respect to the initial period'' 
     before the period at the end; and
       (2) by adding at the end the following new subparagraph:
       ``(C) Extension period.--The Secretary shall provide for 
     the transfer of $10,000,000, in appropriate part from the 
     Federal Hospital Insurance Trust Fund established under 
     section 1817 of the Social Security Act (42 U.S.C. 1395i) and 
     the Federal Supplementary Medical Insurance Trust Fund 
     established under section 1841 of such Act (42 U.S.C. 1395t), 
     to the Centers for Medicare & Medicaid Services for the 
     purposes of carrying out its duties under the demonstration 
     project under this section with respect to the extension 
     period.''.

     SEC. 130. IMPROVING RURAL HEALTH CLINIC PAYMENTS.

       Section 1833(f) of the Social Security Act (42 U.S.C. 
     1395l(f)) is amended--
       (1) in paragraph (2)--
       (A) by inserting ``(before April 1, 2021)'' after ``in a 
     subsequent year''; and
       (B) by striking ``this subsection'' and inserting ``this 
     paragraph'';
       (2) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (3) in the matter preceding subparagraph (A), as 
     redesignated by paragraph (2)--
       (A) by inserting ``(1)'' after ``(f)''; and
       (B) by inserting ``prior to April 1, 2021'' after 
     ``services provided''; and
       (4) by adding at the end the following new paragraphs:
       ``(2) In establishing limits under subsection (a) on 
     payment for rural health clinic services furnished on or 
     after April 1, 2021, by a rural health clinic (other than a 
     rural health clinic described in paragraph (3)(B)), the 
     Secretary shall establish such limit, for services provided--
       ``(A) in 2021, after March 31, at $100 per visit;
       ``(B) in 2022, at $113 per visit;
       ``(C) in 2023, at $126 per visit;
       ``(D) in 2024, at $139 per visit;
       ``(E) in 2025, at $152 per visit;
       ``(F) in 2026, at $165 per visit;
       ``(G) in 2027, at $178 per visit;
       ``(H) in 2028, at $190 per visit; and
       ``(I) in a subsequent year, at the limit established under 
     this paragraph for the previous year increased by the 
     percentage increase in the MEI applicable to primary care 
     services furnished as of the first day of such subsequent 
     year.
       ``(3)(A) In establishing limits under subsection (a) on 
     payment for rural health clinic services furnished on or 
     after April 1, 2021, by a rural health clinic described in 
     subparagraph (B), the Secretary shall establish such limit, 
     with respect to each such rural health clinic, for services 
     provided--
       ``(i) in 2021, after March 31, at an amount equal to the 
     greater of--
       ``(I) the per visit payment amount applicable to such rural 
     health clinic for rural health clinic services furnished in 
     2020, increased by the percentage increase in the MEI 
     applicable to primary care services furnished as of the first 
     day of 2021; or
       ``(II) the limit described in paragraph (2)(A); and
       ``(ii) in a subsequent year, at an amount equal to the 
     greater of--
       ``(I) the amount established under clause (i)(I) or this 
     subclause for the previous year with respect to such rural 
     health clinic, increased by the percentage increase in the 
     MEI applicable to primary care services furnished as of the 
     first day of such subsequent year; or
       ``(II) the limit established under paragraph (2) for such 
     subsequent year.
       ``(B) A rural health clinic described in this subparagraph 
     is a rural health clinic that, as of December 31, 2019, was--
       ``(i) in a hospital with less than 50 beds; and
       ``(ii) enrolled under section 1866(j).''.

     SEC. 131. MEDICARE GME TREATMENT OF HOSPITALS ESTABLISHING 
                   NEW MEDICAL RESIDENCY TRAINING PROGRAMS AFTER 
                   HOSTING MEDICAL RESIDENT ROTATORS FOR SHORT 
                   DURATIONS.

       (a) Redetermination of Approved FTE Resident Amount.--
     Section 1886(h)(2)(F) of the

[[Page H7793]]

     Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is amended--
       (1) by inserting ``(i)'' before ``In the case of''; and
       (2) by adding at the end the following:
       ``(ii) In applying this subparagraph in the case of a 
     hospital that trains residents and has not entered into a GME 
     affiliation agreement (as defined by the Secretary for 
     purposes of paragraph (4)(H)(ii)), on or after the date of 
     the enactment of this clause, the Secretary shall not 
     establish an FTE resident amount until such time as the 
     Secretary determines that the hospital has trained at least 
     1.0 full-time-equivalent resident in an approved medical 
     residency training program in a cost reporting period.
       ``(iii) In applying this subparagraph for cost reporting 
     periods beginning on or after the date of enactment of this 
     clause, in the case of a hospital that, as of such date of 
     enactment, has an approved FTE resident amount based on the 
     training in an approved medical residency program or programs 
     of--
       ``(I) less than 1.0 full-time-equivalent resident in any 
     cost reporting period beginning before October 1, 1997, as 
     determined by the Secretary; or
       ``(II) no more than 3.0 full-time-equivalent residents in 
     any cost reporting period beginning on or after October 1, 
     1997, and before the date of the enactment of this clause, as 
     determined by the Secretary,
     in lieu of such FTE resident amount the Secretary shall, in 
     accordance with the methodology described in section 
     413.77(e) of title 42 of the Code of Federal Regulations (or 
     any successor regulation), establish a new FTE resident 
     amount if the hospital trains at least 1.0 full-time-
     equivalent resident (in the case of a hospital described in 
     subclause (I)) or more than 3.0 full-time-equivalent 
     residents (in the case of a hospital described in subclause 
     (II)) in a cost reporting period beginning on or after such 
     date of enactment and before the date that is 5 years after 
     such date of enactment.
       ``(iv) For purposes of carrying out this subparagraph for 
     cost reporting periods beginning on or after the date of the 
     enactment of this clause, a hospital shall report full-time-
     equivalent residents on its cost report for a cost reporting 
     period if the hospital trains at least 1.0 full-time-
     equivalent residents in an approved medical residency 
     training program or programs in such period.
       ``(v) As appropriate, the Secretary may consider 
     information from any cost reporting period necessary to 
     establish a new FTE resident amount as described in clause 
     (iii).''.
       (b) Redetermination of FTE Resident Limitation.--Section 
     1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C. 
     1395ww(h)(4)(H)(i)) is amended--
       (1) by inserting ``(I)'' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(II) In applying this clause in the case of a hospital 
     that, on or after the date of the enactment of this 
     subclause, begins training residents in a new approved 
     medical residency training program or programs (as defined by 
     the Secretary), the Secretary shall not determine a 
     limitation applicable to the hospital under subparagraph (F) 
     until such time as the Secretary determines that the hospital 
     has trained at least 1.0 full-time-equivalent resident in 
     such new approved medical residency training program or 
     programs in a cost reporting period.
       ``(III) In applying this clause in the case of a hospital 
     that, as of the date of the enactment of this subclause, has 
     a limitation under subparagraph (F), based on a cost 
     reporting period beginning before October 1, 1997, of less 
     than 1.0 full-time-equivalent resident, the Secretary shall 
     adjust the limitation in the manner applicable to a new 
     approved medical residency training program if the Secretary 
     determines the hospital begins training at least 1.0 full-
     time-equivalent residents in a program year beginning on or 
     after such date of enactment and before the date that is 5 
     years after such date of enactment.
       ``(IV) In applying this clause in the case of a hospital 
     that, as of the date of the enactment of this subclause, has 
     a limitation under subparagraph (F), based on a cost 
     reporting period beginning on or after October 1, 1997, and 
     before such date of enactment, of no more than 3.0 full-time-
     equivalent residents, the Secretary shall adjust the 
     limitation in the manner applicable to a new approved medical 
     residency training program if the Secretary determines the 
     hospital begins training more than 3.0 full-time-equivalent 
     residents in a program year beginning on or after such date 
     of enactment and before the date that is 5 years after such 
     date of enactment.
       ``(V) An adjustment to the limitation applicable to a 
     hospital made pursuant to subclause (III) or (IV) shall be 
     made in a manner consistent with the methodology, as 
     appropriate, in section 413.79(e) of title 42, Code of 
     Federal Regulations (or any successor regulation). As 
     appropriate, the Secretary may consider information from any 
     cost reporting periods necessary to make such an adjustment 
     to the limitation.''.
       (c) Technical and Conforming Amendments.--Section 1886 of 
     the Social Security Act (42 U.S.C. 1395ww) is amended--
       (1) in subsection (d)(5)(B)(viii), by striking ``subsection 
     (h)(4)(H)'' and inserting ``paragraphs (2)(F)(iv) and (4)(H) 
     of subsection (h)''; and
       (2) in subsection (h)--
       (A) in paragraph (4)(H)(iv), by striking ``an rural area'' 
     and inserting ``a rural area''; and
       (B) in paragraph (7)(E), by striking ``under this'' and all 
     that follows through the period at the end and inserting the 
     following: ``under this paragraph, paragraph (8), clause (i), 
     (ii), (iii), or (v) of paragraph (2)(F), or clause (i) or 
     (vi) of paragraph (4)(H).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to payment under section 1886 of the Social 
     Security Act (42 U.S.C. 1395ww) for cost reporting periods 
     beginning on or after the date of the enactment of this Act.

     SEC. 132. MEDICARE PAYMENT FOR CERTAIN FEDERALLY QUALIFIED 
                   HEALTH CENTER AND RURAL HEALTH CLINIC SERVICES 
                   FURNISHED TO HOSPICE PATIENTS.

       Section 1834 of the Social Security Act (42 U.S.C. 1395m), 
     as amended by section 125(a)(2)(B), is amended--
       (1) in subsection (o), by adding at the end the following 
     new paragraph:
       ``(4) Payment for attending physician services furnished by 
     federally qualified health centers to hospice patients.--In 
     the case of services described in section 1812(d)(2)(A)(ii) 
     furnished on or after January 1, 2022, by an attending 
     physician (as defined in section 1861(dd)(3)(B), other than a 
     physician or practitioner who is employed by a hospice 
     program) who is employed by or working under contract with a 
     Federally qualified health center, a Federally qualified 
     health center shall be paid for such services under the 
     prospective payment system under this subsection.''; and
       (2) by adding at the end the following new subsection:
       ``(y) Payment for Attending Physician Services Furnished by 
     Rural Health Clinics to Hospice Patients.--In the case of 
     services described in section 1812(d)(2)(A)(ii) furnished on 
     or after January 1, 2022, by an attending physician (as 
     defined in section 1861(dd)(3)(B), other than a physician or 
     practitioner who is employed by a hospice program) who is 
     employed by or working under contract with a rural health 
     clinic, a rural health clinic shall be paid for such services 
     under the methodology for all-inclusive rates (established by 
     the Secretary) under section 1833(a)(3), subject to the 
     limits described in section 1833(f).''.

     SEC. 133. DELAY TO THE IMPLEMENTATION OF THE RADIATION 
                   ONCOLOGY MODEL UNDER THE MEDICARE PROGRAM.

       Notwithstanding any provision of section 1115A of the 
     Social Security Act (42 U.S.C. 1315a), the Secretary of 
     Health and Human Services may not implement the radiation 
     oncology model described in the rule entitled ``Medicare 
     Program; Specialty Care Models To Improve Quality of Care and 
     Reduce Expenditures'' (85 Fed. Reg. 61114 et seq.), or any 
     substantially similar model, pursuant to such section before 
     January 1, 2022.

     SEC. 134. IMPROVING ACCESS TO SKILLED NURSING FACILITY 
                   SERVICES FOR HEMOPHILIA PATIENTS.

       (a) In General.--Section 1888(e)(2)(A)(iii) of the Social 
     Security Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by 
     adding at the end the following:

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

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

            TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

     SEC. 201. ELIMINATING DSH REDUCTIONS FOR FISCAL YEARS 2021 
                   THROUGH 2023.

       Section 1923(f) of the Social Security Act (42 U.S.C. 
     1396r-4(f)), as amended by section 1106 of the Further 
     Continuing Appropriations Act, 2021, and Other Extensions 
     Act, is amended--
       (1) in paragraph (7)(A)--
       (A) in clause (i), in the matter preceding subclause (I), 
     by striking ``For the period'' and all that follows through 
     ``2025'' and inserting ``For each of fiscal years 2024 
     through 2027,''; and
       (B) in clause (ii), by striking ``equal to--'' and all that 
     follows through the period at the end and inserting ``equal 
     to $8,000,000,000 for each of fiscal years 2024 through 
     2027''; and
       (2) in paragraph (8), by striking ``2025'' and inserting 
     ``2027''.

     SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.

       Section 1903 of the Social Security Act (42 U.S.C. 1396b) 
     is amended by adding at the end the following new subsection:
       ``(bb) Supplemental Payment Reporting Requirements.--
       ``(1) Collection and availability of supplemental payment 
     data.--
       ``(A) In general.--Not later than October 1, 2021, the 
     Secretary shall establish a system for each State to submit 
     reports, as determined appropriate by the Secretary, on 
     supplemental payments data, as a requirement for a State plan 
     or State plan amendment that would provide for a supplemental 
     payment.
       ``(B) Requirements.--Each report submitted by a State in 
     accordance with the requirement established under 
     subparagraph (A) shall include the following:
       ``(i) An explanation of how supplemental payments made 
     under the State plan or a State plan amendment will result in 
     payments that are consistent with section 1902(a)(30)(A), 
     including standards with respect to efficiency, economy, 
     quality of care, and access, along with the stated purpose 
     and intended effects of the supplemental payment.
       ``(ii) The criteria used to determine which providers are 
     eligible to receive the supplemental payment.
       ``(iii) A comprehensive description of the methodology used 
     to calculate the amount of,

[[Page H7794]]

     and distribute, the supplemental payment to each eligible 
     provider, including--

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

       ``(iv) An assurance that the total Medicaid payments made 
     to an inpatient hospital provider, including the supplemental 
     payment, will not exceed upper payment limits.
       ``(v) If not already submitted, an upper payment limit 
     demonstration under section 447.272 of title 42, Code of 
     Federal Regulations (as such section is in effect as of the 
     date of enactment of this subsection).
       ``(C) Public availability.--The Secretary shall make all 
     reports and related data submitted under this paragraph 
     publicly available on the website of the Centers for Medicare 
     & Medicaid Services on a timely basis.
       ``(2) Supplemental payment defined.--
       ``(A) In general.--Subject to subparagraph (B), in this 
     subsection, the term `supplemental payment' means a payment 
     to a provider that is in addition to any base payment made to 
     the provider under the State plan under this title or under 
     demonstration authority.
       ``(B) DSH payments excluded.--Such term does not include a 
     disproportionate share hospital payment made under section 
     1923.''.

     SEC. 203. MEDICAID SHORTFALL AND THIRD PARTY PAYMENTS.

       (a) In General.--Subsection (g) of section 1923 of the 
     Social Security Act (42 U.S.C. 1396r-4) is amended to read as 
     follows:
       ``(g) Limit on Amount of Payment to Hospital.--
       ``(1) In general.--
       ``(A) Amount of adjustment subject to uncompensated 
     costs.--A payment adjustment during a fiscal year shall not 
     be considered to be consistent with subsection (c) with 
     respect to a hospital (other than a hospital described in 
     paragraph (2)(B)) if the payment adjustment exceeds an amount 
     equal to--
       ``(i) the costs incurred during the year of furnishing 
     hospital services by the hospital to individuals described in 
     subparagraph (B) minus--
       ``(ii) the sum of--

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

       ``(B) Individuals described.--For purposes of subparagraph 
     (A), the individuals described in this clause are the 
     following:
       ``(i) Individuals who are eligible for medical assistance 
     under the State plan or under a waiver of such plan and for 
     whom the State plan or waiver is the primary payor for such 
     services.
       ``(ii) Subject to subparagraph (C), individuals who have no 
     health insurance (or other source of third party coverage) 
     for services provided during the year, as determined by the 
     Secretary.
       ``(C) Exclusion of certain payments.--For purposes of 
     subparagraph (B)(ii), payments made to a hospital for 
     services provided to indigent patients made by a State or a 
     unit of local government within a State shall not be 
     considered to be a source of third party coverage.
       ``(2) Application of limits for certain hospitals.--
       ``(A) In general.--A payment adjustment during a fiscal 
     year shall not be considered to be consistent with subsection 
     (c) with respect to a hospital described in subparagraph (B) 
     if the payment adjustment exceeds the higher of--
       ``(i) the amount determined for the hospital and fiscal 
     year under paragraph (1)(A); and
       ``(ii) the amount determined for the hospital under 
     paragraph (1)(A) as in effect on January 1, 2020.
       ``(B) Hospitals described.--A hospital is described in this 
     subparagraph for a fiscal year if, for the most recent cost 
     reporting period, the hospital is in at least the 97th 
     percentile of all hospitals with respect to--
       ``(i) the number of inpatient days for such period that 
     were made up of patients who (for such days) were entitled to 
     benefits under part A of title XVIII and were entitled to 
     supplemental security income benefits under title XVI 
     (excluding any State supplementary benefits paid with respect 
     to such patients); or
       ``(ii) the percentage of total inpatient days that were 
     made up of patients who (for such days) were described in 
     clause (i).''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on October 1, 2021, and shall apply to 
     payment adjustments made under section 1923 of the Social 
     Security Act (42 U.S.C. 1396r-4) during fiscal years 
     beginning on or after such date.

     SEC. 204. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING 
                   DEMONSTRATION.

       (a) In General.--
       (1) Funding.--Section 6071(h) of the Deficit Reduction Act 
     of 2005 (42 U.S.C. 1396a note) is amended--
       (A) in paragraph (1)--
       (i) in each of subparagraphs (F) through (H), by striking 
     ``subject to paragraph (3),'';
       (ii) in subparagraph (G), by striking ``and'' at the end;
       (iii) in subparagraph (H), by striking the period and 
     inserting a semicolon; and
       (iv) by adding at the end the following new subparagraphs:
       ``(I) for the period beginning on December 19, 2020, and 
     ending on September 30, 2021, the amount equal to the pro 
     rata portion of an annual appropriation of $450,000,000;
       ``(J) $450,000,000 for fiscal year 2022; and
       ``(K) $450,000,000 for fiscal year 2023.'';
       (B) in paragraph (2)--
       (i) by striking ``Subject to paragraph (3), amounts'' and 
     inserting ``Amounts''; and
       (ii) by striking ``2021'' and inserting ``2023''; and
       (C) by striking paragraph (3).
       (2) Research and evaluation.--Section 6071(g) of the 
     Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is 
     amended--
       (A) in paragraph (2), by striking ``2016'' and inserting 
     ``2026''; and
       (B) in paragraph (3), by inserting ``and for each of fiscal 
     years 2021 through 2023'' after ``2016,''.
       (b) Changes to Institutional Residency Period 
     Requirement.--
       (1) In general.--Section 6071(b)(2) of the Deficit 
     Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
       (A) in subparagraph (A)(i), by striking ``90'' and 
     inserting ``60''; and
       (B) by striking the flush sentence after subparagraph (B).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on the date that is 30 days after the date 
     of the enactment of this Act.
       (c) Updates to State Application Requirements.--Section 
     6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a 
     note) is amended--
       (1) in subsection (c)--
       (A) in paragraph (3), by striking ``, which shall include'' 
     and all that follows through ``2007'';
       (B) in paragraph (7)--
       (i) in the paragraph heading, by striking ``Rebalancing'' 
     and inserting ``Expenditures'';
       (ii) in subparagraph (A), by adding ``and'' at the end; and
       (iii) in subparagraph (B)--

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

       ``(iii) include a work plan that describes for each Federal 
     fiscal year that occurs during the proposed MFP demonstration 
     project--
       ``(I) the use of grant funds for each proposed initiative 
     that is designed to accomplish the objective described in 
     subsection (a)(1), including a funding source for each 
     activity that is part of each such proposed initiative;
       ``(II) an evaluation plan that identifies expected results 
     for each such proposed initiative; and
       ``(III) a sustainability plan for components of such 
     proposed initiatives that are intended to improve 
     transitions, which shall be updated with actual expenditure 
     information for each Federal fiscal year that occurs during 
     the MFP demonstration project; and
       ``(iv) contain assurances that grant funds used to 
     accomplish the objective described in subsection (a)(1) shall 
     be obligated not later than 24 months after the date on which 
     the funds are awarded and shall be expended not later than 60 
     months after the date on which the funds are awarded (unless 
     the Secretary waives either such requirement).''; and
       (C) in paragraph (13)--
       (i) in subparagraph (A), by striking ``; and'' and 
     inserting ``, and in such manner as will meet the reporting 
     requirements set forth for the Transformed Medicaid 
     Statistical Information System (T-MSIS);'';
       (ii) by redesignating subparagraph (B) as subparagraph (D); 
     and
       (iii) by inserting after subparagraph (A) the following:
       ``(B) the State shall report on a quarterly basis on the 
     use of grant funds by distinct activity, as described in the 
     approved work plan, and by specific population as targeted by 
     the State;
       ``(C) if the State fails to report the information required 
     under subparagraph (B), fails to report such information on a 
     quarterly basis, or fails to make progress under the approved 
     work plan, the State shall implement a corrective action plan 
     approved by the Secretary; and''; and
       (2) in subsection (d)(4), by adding at the end the 
     following new subparagraph:
       ``(C) Corrective action plan progress.--In the case of a 
     State required to implement a corrective action plan under 
     subparagraph (C) of subsection (c)(13), the State must 
     implement such plan and demonstrate progress in reporting 
     information under subparagraph (B) of such subsection or 
     progress under the approved work plan (as applicable).''.
       (d) Funding for Quality Assurance and Improvement; 
     Technical Assistance; Oversight.--Section 6071(f) of the 
     Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is 
     amended by striking paragraph (2) and inserting the 
     following:
       ``(2) Funding.--From the amounts appropriated under 
     subsection (h)(1), $3,000,000 shall be available to the 
     Secretary to carry out this subsection. Such amount shall 
     remain available until expended.''.
       (e) Best Practices Evaluation.--Section 6071 of the Deficit 
     Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by 
     adding at the end the following:
       ``(i) Best Practices.--
       ``(1) Report.--The Secretary, directly or through grant or 
     contract, shall submit a report to the President and Congress 
     not later than September 30, 2022, that contains findings and 
     conclusions on best practices from MFP demonstration projects 
     carried out with grants made under this section. The report 
     shall include information and analyses with respect to the 
     following:
       ``(A) The most effective State strategies for transitioning 
     beneficiaries from institutional to qualified community 
     settings carried out under MFP demonstration projects and how 
     such

[[Page H7795]]

     strategies may vary for different types of beneficiaries, 
     such as beneficiaries who are aged, physically disabled, 
     intellectually or developmentally disabled, or individuals 
     with serious mental illnesses, and other targeted waiver 
     beneficiary populations under section 1915(c) of the Social 
     Security Act.
       ``(B) The most common and the most effective State uses of 
     grant funds carried out under demonstration projects for 
     transitioning beneficiaries from institutional to qualified 
     community settings and improving health outcomes, including 
     differentiating funding for current initiatives that are 
     designed for such purpose and funding for proposed 
     initiatives that are designed for such purpose.
       ``(C) The most effective State approaches carried out under 
     MFP demonstration projects for improving person-centered care 
     and planning.
       ``(D) Identification of program, financing, and other 
     flexibilities available under MFP demonstration projects, 
     that are not available under the traditional Medicaid 
     program, and which directly contributed to successful 
     transitions and improved health outcomes under MFP 
     demonstration projects.
       ``(E) State strategies and financing mechanisms for 
     effective coordination of housing financed or supported under 
     MFP demonstration projects with local housing authorities and 
     other resources.
       ``(F) Effective State approaches for delivering Money 
     Follows the Person transition services through managed care 
     entities.
       ``(G) Other best practices and effective transition 
     strategies demonstrated by States with approved MFP 
     demonstration projects, as determined by the Secretary.
       ``(H) Identification and analyses of opportunities and 
     challenges to integrating effective Money Follows the Person 
     practices and State strategies into the traditional Medicaid 
     program.
       ``(2) Collaboration.--In preparing the report required 
     under this subsection, the Secretary shall collect and 
     incorporate information from States with approved MFP 
     demonstration projects and beneficiaries participating in 
     such projects, and providers participating in such projects.
       ``(3) Waiver of paperwork reduction act.--Chapter 35 of 
     title 44, United States Code, shall not apply to preparation 
     of the report described in paragraph (1) or collection of 
     information described in paragraph (2).
       ``(4) Funding.--From the amounts appropriated under 
     subsection (h)(1) for each of fiscal years 2021 and 2022, not 
     more than $300,000 shall be available to the Secretary for 
     each such fiscal year to carry out this subsection.''.
       (f) MACPAC Report on Qualified Settings Criteria.--Section 
     6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a 
     note), as amended by subsection (e), is further amended by 
     adding at the end the following:
       ``(j) MACPAC Report.--Prior to the final implementation 
     date established by the Secretary for the criteria 
     established for home and community-based settings in section 
     441.301(c)(4) of title 42, Code of Federal Regulations, as 
     part of final implementation of the Home and Community Based 
     Services (HCBS) Final Rule published on January 16, 2014 (79 
     Fed. Reg. 2947) (referred to in this subsection as the `HCBS 
     final rule'), the Medicaid and CHIP Payment and Access 
     Commission (MACPAC) shall submit to Congress a report that--
       ``(1) identifies the types of home and community-based 
     settings and associated services that are available to 
     eligible individuals in both the MFP demonstration program 
     and sites in compliance with the HCBS final rule; and
       ``(2) if determined appropriate by the Commission, 
     recommends policies to align the criteria for a qualified 
     residence under subsection (b)(6) (as in effect on October 1, 
     2017) with the criteria in the HCBS final rule.''.
       (g) Application to Current Projects.--Not later than 1 year 
     after the date of the enactment of this Act, the Secretary 
     shall update the terms and conditions of any approved MFP 
     demonstration project under section 6071 of the Deficit 
     Reduction Act of 2005 (42 U.S.C. 1396a note) in effect on the 
     date of the enactment of this Act to ensure that such terms 
     and conditions are the same as are required for any new State 
     applicant for such project under the amendments made by this 
     section.

     SEC. 205. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

       (a) In General.--Section 2404 of the Patient Protection and 
     Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by 
     striking ``December 18, 2020'' and inserting ``September 30, 
     2023''.
       (b) Rule of Construction.--Nothing in section 2404 of 
     Public Law 111-148 (42 U.S.C. 1396r-5 note) or section 
     1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 
     1396a(a)(17), 1396r-5) shall be construed as prohibiting a 
     State from--
       (1) applying an income or resource disregard under a 
     methodology authorized under section 1902(r)(2) of such Act 
     (42 U.S.C. 1396a(r)(2))--
       (A) to the income or resources of an individual described 
     in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C. 
     1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income 
     or resources of such individual's spouse); or
       (B) on the basis of an individual's need for home and 
     community-based services authorized under subsection (c), 
     (d), (i), or (k) of section 1915 of such Act (42 U.S.C. 
     1396n) or under section 1115 of such Act (42 U.S.C. 1315); or
       (2) disregarding an individual's spousal income and assets 
     under a plan amendment to provide medical assistance for home 
     and community-based services for individuals by reason of 
     being determined eligible under section 1902(a)(10)(C) of 
     such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section 
     1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the 
     basis of a reduction of income based on costs incurred for 
     medical or other remedial care under which the State 
     disregarded the income and assets of the individual's spouse 
     in determining the initial and ongoing financial eligibility 
     of an individual for such services in place of the spousal 
     impoverishment provisions applied under section 1924 of such 
     Act (42 U.S.C. 1396r-5).

     SEC. 206. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES 
                   DEMONSTRATION PROGRAM.

       Section 223(d) of the Protecting Access to Medicare Act of 
     2014 (42 U.S.C. 1396a note), as amended by section 1104 of 
     the Further Continuing Appropriations Act, 2021, and Other 
     Extensions Act, is amended--
       (1) in paragraph (3), by striking ``under this subsection'' 
     and all that follows through the period and inserting ``that 
     meet the requirements of this subsection through September 
     30, 2023.'';
       (2) in paragraph (5)(C)(iii)(I), by striking ``during the 8 
     fiscal quarter period (or any portion of the period) that 
     begins on January 1, 2020'' and inserting ``through September 
     30, 2023'';
       (3) in paragraph (5)(C)(iii)(II), by inserting before the 
     period at the end ``or through September 30, 2023, whichever 
     is longer'';
       (4) in paragraph (8)(A), by striking ``to participate'' and 
     all that follows through the period and inserting ``to 
     conduct demonstration programs that meet the requirements of 
     this subsection for 2 years or through September 30, 2023, 
     whichever is longer.''.

     SEC. 207. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND 
                   ABUSE CONTROL UNITS TO INVESTIGATE AND 
                   PROSECUTE CASES OF MEDICAID PATIENT ABUSE AND 
                   NEGLECT IN ANY SETTING.

       (a) In General.--Section 1903(q)(4)(A)(ii) of the Social 
     Security Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by 
     inserting after ``patients residing in board and care 
     facilities'' the following: ``and of patients (who are 
     receiving medical assistance under the State plan under this 
     title (or waiver of such plan)) in a noninstitutional or 
     other setting''.
       (b) Availability of Funding.--Section 1903(a)(6) of the 
     Social Security Act (42 U.S.C. 1396b(a)(6)) is amended, in 
     the matter following subparagraph (B), by striking ``(as 
     found necessary by the Secretary for the elimination of fraud 
     in the provision and administration of medical assistance 
     provided under the State plan (or waiver of such plan))''.

     SEC. 208. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED 
                   STATES.

       (a) In General.--Section 402(b)(2) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(b)(2)) is amended by adding at the end 
     the following new subparagraph:
       ``(G) Medicaid exception for citizens of freely associated 
     states.--With respect to eligibility for benefits for the 
     designated Federal program defined in paragraph (3)(C) 
     (relating to the Medicaid program), paragraph (1) shall not 
     apply to any individual who lawfully resides in 1 of the 50 
     States or the District of Columbia in accordance with the 
     Compacts of Free Association between the Government of the 
     United States and the Governments of the Federated States of 
     Micronesia, the Republic of the Marshall Islands, and the 
     Republic of Palau and shall not apply, at the option of the 
     Governor of Puerto Rico, the Virgin Islands, Guam, the 
     Northern Mariana Islands, or American Samoa as communicated 
     to the Secretary of Health and Human Services in writing, to 
     any individual who lawfully resides in the respective 
     territory in accordance with such Compacts.''.
       (b) Exception to 5-Year Limited Eligibility.--Section 
     403(b) of such Act (8 U.S.C. 1613(b)) is amended by adding at 
     the end the following new paragraph:
       ``(3) Exception for citizens of freely associated states.--
     An individual described in section 402(b)(2)(G), but only 
     with respect to the designated Federal program defined in 
     section 402(b)(3)(C).''.
       (c) Definition of Qualified Alien.--Section 431(b) of such 
     Act (8 U.S.C. 1641(b)) is amended--
       (1) in paragraph (6), by striking ``; or'' at the end and 
     inserting a comma;
       (2) in paragraph (7), by striking the period at the end and 
     inserting ``, or''; and
       (3) by adding at the end the following new paragraph:
       ``(8) an individual who lawfully resides in the United 
     States in accordance with a Compact of Free Association 
     referred to in section 402(b)(2)(G), but only with respect to 
     the designated Federal program defined in section 
     402(b)(3)(C) (relating to the Medicaid program).''.
       (d) Conforming Amendments.--Section 1108 of the Social 
     Security Act (42 U.S.C. 1308) is amended--
       (1) in subsection (f), in the matter preceding paragraph 
     (1), by striking ``subsection (g) and section 1935(e)(1)(B)'' 
     and inserting ``subsections (g) and (h) and section 
     1935(e)(1)(B)''; and
       (2) by adding at the end the following:
       ``(h) Exclusion of Medical Assistance Expenditures for 
     Citizens of Freely Associated States.--Expenditures for 
     medical assistance provided to an individual described in 
     section 431(b)(8) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1641(b)(8)) 
     shall not be taken into account for purposes of applying 
     payment limits under subsections (f) and (g).''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to benefits for items and services furnished on 
     or after the date of the enactment of this Act.

     SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL 
                   TRANSPORTATION.

       (a) Continuing Requirement of Medicaid Coverage of 
     Necessary Transportation.--

[[Page H7796]]

       (1) Requirement.--Section 1902(a)(4) of the Social Security 
     Act (42 U.S.C. 1396a(a)(4)) is amended--
       (A) by striking ``and including provision for utilization'' 
     and inserting ``including provision for utilization''; and
       (B) by inserting after ``supervision of administration of 
     the plan'' the following: ``, and, subject to section 
     1903(i), including a specification that the single State 
     agency described in paragraph (5) will ensure necessary 
     transportation for beneficiaries under the State plan to and 
     from providers and a description of the methods that such 
     agency will use to ensure such transportation''.
       (2) Application with respect to benchmark benefit packages 
     and benchmark equivalent coverage.--Section 1937(a)(1) of the 
     Social Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
       (A) in subparagraph (A), by striking ``subsection (E)'' and 
     inserting ``subparagraphs (E) and (F)''; and
       (B) by adding at the end the following new subparagraph:
       ``(F) Necessary transportation.--Notwithstanding the 
     preceding provisions of this paragraph, a State may not 
     provide medical assistance through the enrollment of an 
     individual with benchmark coverage or benchmark equivalent 
     coverage described in subparagraph (A)(i) unless, subject to 
     section 1903(i)(9) and in accordance with section 1902(a)(4), 
     the benchmark benefit package or benchmark equivalent 
     coverage (or the State)--
       ``(i) ensures necessary transportation for individuals 
     enrolled under such package or coverage to and from 
     providers; and
       ``(ii) provides a description of the methods that will be 
     used to ensure such transportation.''.
       (3) Limitation on federal financial participation.--Section 
     1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is 
     amended by inserting after paragraph (8) the following new 
     paragraph:
       ``(9) with respect to any amount expended for non-emergency 
     transportation authorized under section 1902(a)(4), unless 
     the State plan provides for the methods and procedures 
     required under section 1902(a)(30)(A); or''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act 
     and shall apply to transportation furnished on or after such 
     date.
       (b) Medicaid Program Integrity Measures Related to Coverage 
     of Nonemergency Medical Transportation.--
       (1) Gao study.--Not later than two years after the date of 
     the enactment of this Act, the Comptroller General of the 
     United States shall conduct a study, and submit to Congress, 
     a report on coverage under the Medicaid program under title 
     XIX of the Social Security Act of nonemergency transportation 
     to services. Such study shall take into account the 2009 
     report of the Office of the Inspector General of the 
     Department of Health and Human Services, titled ``Fraud and 
     Abuse Safeguards for State Medicaid Nonemergency Medical 
     Transportation Services'' (OEI-06-07-00320). Such report 
     shall include the following:
       (A) An examination of the 50 States and the District of 
     Columbia to identify safeguards to prevent and detect fraud 
     and abuse with respect to coverage under the Medicaid program 
     of nonemergency transportation to covered services.
       (B) An examination of transportation brokers to identify 
     the range of safeguards against such fraud and abuse to 
     prevent improper payments for such transportation.
       (C) Identification of the numbers, types, and outcomes of 
     instances of fraud and abuse, with respect to coverage under 
     the Medicaid program of such transportation, that State 
     Medicaid Fraud Control Units have investigated in recent 
     years.
       (D) Identification of commonalities or trends in program 
     integrity, with respect to such coverage, to inform risk 
     management strategies of States and the Centers for Medicare 
     & Medicaid Services.
       (2) Stakeholder meetings.--
       (A) In general.--Not later than 18 months after the date of 
     the enactment of this Act, the Secretary of Health and Human 
     Services, through the Centers for Medicare & Medicaid 
     Services, shall convene a series of meetings to obtain input 
     from appropriate stakeholders to facilitate discussion and 
     shared learning about the leading practices for improving 
     Medicaid program integrity, with respect to coverage of 
     nonemergency transportation to medically necessary services.
       (B) Topics.--The meetings convened under subparagraph (A) 
     shall--
       (i) focus on ongoing challenges to Medicaid program 
     integrity as well as leading practices to address such 
     challenges; and
       (ii) address specific challenges raised by stakeholders 
     involved in coverage under the Medicaid program of 
     nonemergency transportation to covered services, including 
     unique considerations for specific groups of Medicaid 
     beneficiaries meriting particular attention, such as American 
     Indians and tribal land issues or accommodations for 
     individuals with disabilities.
       (C) Stakeholders.--Stakeholders described in subparagraph 
     (A) shall include individuals from State Medicaid programs, 
     brokers for nonemergency transportation to medically 
     necessary services that meet the criteria described in 
     section 1902(a)(70)(B) of the Social Security Act (42 U.S.C. 
     1396a(a)(70)(B)), providers (including transportation network 
     companies), Medicaid patient advocates, and such other 
     individuals specified by the Secretary.
       (3) Guidance review.--Not later than 24 months after the 
     date of the enactment of this Act, the Secretary of Health 
     and Human Services, through the Centers for Medicare & 
     Medicaid Services, shall assess guidance issued to States by 
     the Centers for Medicare & Medicaid Services relating to 
     Federal requirements for nonemergency transportation to 
     medically necessary services under the Medicaid program under 
     title XIX of the Social Security Act and update such guidance 
     as necessary to ensure States have appropriate and current 
     guidance in designing and administering coverage under the 
     Medicaid program of nonemergency transportation to medically 
     necessary services.
       (4) Nemt transportation provider and driver requirements.--
       (A) State plan requirement.--Section 1902(a) of the Social 
     Security Act (42 U.S.C. 1396a(a)) is amended--
       (i) by striking ``and'' at the end of paragraph (85);
       (ii) by striking the period at the end of paragraph (86) 
     and inserting ``; and''; and
       (iii) by inserting after paragraph (86) the following new 
     paragraph:
       ``(87) provide for a mechanism, which may include 
     attestation, that ensures that, with respect to any provider 
     (including a transportation network company) or individual 
     driver of nonemergency transportation to medically necessary 
     services receiving payments under such plan (but excluding 
     any public transit authority), at a minimum--
       ``(A) each such provider and individual driver is not 
     excluded from participation in any Federal health care 
     program (as defined in section 1128B(f)) and is not listed on 
     the exclusion list of the Inspector General of the Department 
     of Health and Human Services;
       ``(B) each such individual driver has a valid driver's 
     license;
       ``(C) each such provider has in place a process to address 
     any violation of a State drug law; and
       ``(D) each such provider has in place a process to disclose 
     to the State Medicaid program the driving history, including 
     any traffic violations, of each such individual driver 
     employed by such provider, including any traffic 
     violations.''.
       (B) Effective date.--
       (i) In general.--Except as provided in clause (ii), the 
     amendments made by subparagraph (A) shall take effect on the 
     date of the enactment of this Act and shall apply to services 
     furnished on or after the date that is one year after the 
     date of the enactment of this Act.
       (ii) Exception.--In the case of a State plan under title 
     XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or 
     waiver of such plan, that the Secretary of Health and Human 
     Services determines requires State legislation in order for 
     the respective plan to meet any requirement imposed by 
     amendments made by this section, the respective plan shall 
     not be regarded as failing to comply with the requirements of 
     such title solely on the basis of its failure to meet such an 
     additional requirement before the first day of the first 
     calendar quarter beginning after the close of the first 
     regular session of the State legislature that begins after 
     the date of the enactment of this Act. For purposes of the 
     previous sentence, in the case of a State that has a 2-year 
     legislative session, each year of the session shall be 
     considered to be a separate regular session of the State 
     legislature.
       (5) Analysis of t-msis data.--Not later than one year after 
     the date of the enactment of this Act, the Secretary of 
     Health and Human Services, through the Centers for Medicare & 
     Medicaid Services, shall analyze, and submit to Congress a 
     report on, the nation-wide data set under the Transformed 
     Medicaid Statistical Information System to identify 
     recommendations relating to coverage under the Medicaid 
     program under title XIX of the Social Security Act of 
     nonemergency transportation to medically necessary services.
       (c) Consultation Relating to Nonemergency Medical 
     Transportation.--In the case of a State that exercises the 
     option described in section 1902(a)(70) of the Social 
     Security Act (42 U.S.C. 1396a(a)(7)), in establishing a non-
     emergency medical transportation brokerage program under such 
     section, a State Medicaid agency may consult relevant 
     stakeholders, including stakeholders representing patients, 
     medical providers, Medicaid managed care organizations, 
     brokers for non-emergency medical transportation, and 
     transportation providers (including public transportation 
     providers).

     SEC. 210. PROMOTING ACCESS TO LIFE-SAVING THERAPIES FOR 
                   MEDICAID ENROLLEES BY ENSURING COVERAGE OF 
                   ROUTINE PATIENT COSTS FOR ITEMS AND SERVICES 
                   FURNISHED IN CONNECTION WITH PARTICIPATION IN 
                   QUALIFYING CLINICAL TRIALS.

       (a) In General.--Section 1905 of the Social Security Act 
     (42 U.S.C. 1396d) is amended--
       (1) in subsection (a)--
       (A) in paragraph (29), by striking ``and'' at the end;
       (B) by redesignating paragraph (30) as paragraph (31); and
       (C) by inserting after paragraph (29) the following new 
     paragraph:
       ``(30) subject to subsection (gg), routine patient costs 
     for items and services furnished in connection with 
     participation in a qualifying clinical trial (as defined in 
     such subsection); and''; and
       (2) by adding at the end the following new subsection:
       ``(gg)(1) Routine Patient Costs.--For purposes of 
     subsection (a)(30), with respect to a State and an individual 
     enrolled under the State plan (or a waiver of such plan) who 
     participates in a qualifying clinical trial, routine patient 
     costs--
       ``(A) include any item or service provided to the 
     individual under the qualifying clinical trial, including--
       ``(i) any item or service provided to prevent, diagnose, 
     monitor, or treat complications resulting from such 
     participation, to the extent that the provision of such an 
     item or service to the individual outside the course of such 
     participation would otherwise be covered under the State plan 
     or waiver; and

[[Page H7797]]

       ``(ii) any item or service required solely for the 
     provision of the investigational item or service that is the 
     subject of such trial, including the administration of such 
     investigational item or service; and
       ``(B) does not include--
       ``(i) an item or service that is the investigational item 
     or service that is--
       ``(I) the subject of the qualifying clinical trial; and
       ``(II) not otherwise covered outside of the clinical trial 
     under the State plan or waiver; or
       ``(ii) an item or service that is--
       ``(I) provided to the individual solely to satisfy data 
     collection and analysis needs for the qualifying clinical 
     trial and is not used in the direct clinical management of 
     the individual; and
       ``(II) not otherwise covered under the State plan or 
     waiver.
       ``(2) Qualifying Clinical Trial Defined.--
       ``(A) In general.--For purposes of this subsection and 
     subsection (a)(30), the term `qualifying clinical trial' 
     means a clinical trial (in any clinical phase of development) 
     that is conducted in relation to the prevention, detection, 
     or treatment of any serious or life-threatening disease or 
     condition and is described in any of the following clauses:
       ``(i) The study or investigation is approved, conducted, or 
     supported (which may include funding through in-kind 
     contributions) by one or more of the following:
       ``(I) The National Institutes of Health.
       ``(II) The Centers for Disease Control and Prevention.
       ``(III) The Agency for Healthcare Research and Quality.
       ``(IV) The Centers for Medicare & Medicaid Services.
       ``(V) A cooperative group or center of any of the entities 
     described in subclauses (I) through (IV) or the Department of 
     Defense or the Department of Veterans Affairs.
       ``(VI) A qualified non-governmental research entity 
     identified in the guidelines issued by the National 
     Institutes of Health for center support grants.
       ``(VII) Any of the following if the conditions described in 
     subparagraph (B) are met:

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

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

                       TITLE III--HUMAN SERVICES

     SEC. 301. EXTENSION OF TANF, CHILD CARE ENTITLEMENT TO 
                   STATES, AND RELATED PROGRAMS.

       Activities authorized by part A of title IV and section 
     1108(b) of the Social Security Act shall continue through 
     September 30, 2021, in the manner authorized for fiscal year 
     2020, and out of any money in the Treasury of the United 
     States not otherwise appropriated, there are hereby 
     appropriated such sums as may be necessary for such purpose. 
     Grants and payments may be made pursuant to this authority on 
     a quarterly basis through the 4th quarter of fiscal year 2021 
     at the level provided for such activities for the 
     corresponding quarter of fiscal year 2020.

     SEC. 302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.

       Section 513 of the Social Security Act (42 U.S.C. 713) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in subparagraph (A)--

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

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

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

       (B) in paragraph (3)--
       (i) by striking ``or the period described in paragraph 
     (1)(A)''; and
       (ii) by striking ``or period''; and
       (C) in paragraph (4)--
       (i) by striking ``2020 and for the period described in 
     paragraph (1)(A)'' and inserting ``2023'';
       (ii) by striking ``2020 and for the period so described'' 
     and inserting ``2023''; and
       (iii) by striking ``or the period so described'';
       (2) in subsection (c)--
       (A) in each of paragraphs (1) and (2), by striking 
     ``Subject to paragraph (3), from'' and inserting ``From''; 
     and
       (B) by striking paragraph (3); and
       (3) in subsection (f), by striking ``2020, and for the 
     period beginning on October 1, 2020, and ending on December 
     18, 2020, the amount equal to the pro rata portion of the 
     amount appropriated for such period for fiscal year 2020'' 
     and inserting ``2023''.

     SEC. 303. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.

       Section 510 of the Social Security Act (42 U.S.C. 710) is 
     amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A)--

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

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

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

       (ii) in subparagraph (B)(i), by striking ``(or, with 
     respect to the period described in subparagraph (A), for 
     fiscal year 2021)''; and
       (2) in subsection (f)--
       (A) in paragraph (1), by striking ``2020, and for the 
     period beginning on October 1, 2020, and ending on December 
     18, 2020, the amount equal to the pro rata portion of the 
     amount appropriated for such period for fiscal year 2020'' 
     and inserting ``2023''; and
       (B) in paragraph (2), by striking ``2020, and for the 
     period described in paragraph (1),'' and inserting ``2023,''.

     SEC. 304. EXTENSION OF SUPPORT FOR CURRENT HEALTH PROFESSIONS 
                   OPPORTUNITY GRANTS.

       Out of any money in the Treasury of the United States not 
     otherwise appropriated, there are hereby appropriated to the 
     Secretary of Health and Human Services $3,600,000, which 
     shall be available--
       (1) through the end of fiscal year 2021 for necessary 
     administrative expenses to carry out grants made under 
     section 2008(a) of the Social Security Act before the date of 
     the enactment of this Act; and
       (2) through the end of fiscal year 2022 for research, 
     evaluation, and reporting under such section, and for 
     necessary administrative expenses to carry out these 
     activities.

[[Page H7798]]

  


     SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND 
                   STABLE FAMILIES PROGRAM AND STATE COURT 
                   SUPPORT.

       (a) Extensions.--Section 436 of the Social Security Act (42 
     U.S.C. 629f) is amended in each of subsections (a), 
     (b)(4)(A), (b)(5), and (f)(10) by striking ``2021'' and 
     inserting ``2022''.
       (b) Program Changes.--Section 438 of such Act (42 U.S.C. 
     629h) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``in a timely and 
     complete manner'' before ``, as set forth''; and
       (ii) in subparagraph (C), by striking the semicolon and 
     inserting ``, including by training judges, attorneys, and 
     other legal personnel.''; and
       (B) by striking paragraphs (3) and (4);
       (2) in subsection (b)--
       (A) by striking paragraph (2);
       (B) by striking all that precedes ``be eligible to 
     receive'' and inserting the following:
       ``(b) Applications.--In order to''; and
       (C) in the matter preceding paragraph (2)--
       (i) by moving the matter 2 ems to the left;
       (ii) in subparagraph (A)--

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

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

                        TITLE IV--HEALTH OFFSETS

     SEC. 401. REQUIRING CERTAIN MANUFACTURERS TO REPORT DRUG 
                   PRICING INFORMATION WITH RESPECT TO DRUGS UNDER 
                   THE MEDICARE PROGRAM.

       (a) In General.--Section 1847A of the Social Security Act 
     (42 U.S.C. 1395w-3a) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(A), by inserting ``or subsection 
     (f)(2), as applicable'' before the period at the end;
       (B) in paragraph (3), in the matter preceding subparagraph 
     (A), by inserting ``or subsection (f)(2), as applicable,'' 
     before ``determined by''; and
       (C) in paragraph (6)(A), in the matter preceding clause 
     (i), by inserting ``or subsection (f)(2), as applicable,'' 
     before ``determined by''; and
       (2) in subsection (f)--
       (A) by striking ``For requirements'' and inserting the 
     following:
       ``(1) In general.--For requirements''; and
       (B) by adding at the end the following new paragraph:
       ``(2) Manufacturers without a rebate agreement under title 
     xix.--
       ``(A) In general.--If the manufacturer of a drug or 
     biological described in subparagraph (C), (E), or (G) of 
     section 1842(o)(1) or in section 1881(b)(14)(B) that is 
     payable under this part has not entered into and does not 
     have in effect a rebate agreement described in subsection (b) 
     of section 1927, for calendar quarters beginning on January 
     1, 2022, such manufacturer shall report to the Secretary the 
     information described in subsection (b)(3)(A)(iii) of such 
     section 1927 with respect to such drug or biological in a 
     time and manner specified by the Secretary. For purposes of 
     applying this paragraph, a drug or biological described in 
     the previous sentence includes items, services, supplies, and 
     products that are payable under this part as a drug or 
     biological.
       ``(B) Audit.--Information reported under subparagraph (A) 
     is subject to audit by the Inspector General of the 
     Department of Health and Human Services.
       ``(C) Verification.--The Secretary may survey wholesalers 
     and manufacturers that directly distribute drugs or 
     biologicals described in subparagraph (A), when necessary, to 
     verify manufacturer prices and manufacturer's average sales 
     prices (including wholesale acquisition cost) if required to 
     make payment reported under subparagraph (A). The Secretary 
     may impose a civil monetary penalty in an amount not to 
     exceed $100,000 on a wholesaler, manufacturer, or direct 
     seller, if the wholesaler, manufacturer, or direct seller of 
     such a drug or biological refuses a request for information 
     about charges or prices by the Secretary in connection with a 
     survey under this subparagraph or knowingly provides false 
     information. The provisions of section 1128A (other than 
     subsections (a) (with respect to amounts of penalties or 
     additional assessments) and (b)) shall apply to a civil money 
     penalty under this subparagraph in the same manner as such 
     provisions apply to a penalty or proceeding under section 
     1128A(a).
       ``(D) Confidentiality.--Notwithstanding any other provision 
     of law, information disclosed by manufacturers or wholesalers 
     under this paragraph (other than the wholesale acquisition 
     cost for purposes of carrying out this section) is 
     confidential and shall not be disclosed by the Secretary in a 
     form which discloses the identity of a specific manufacturer 
     or wholesaler or prices charged for drugs or biologicals by 
     such manufacturer or wholesaler, except--
       ``(i) as the Secretary determines to be necessary to carry 
     out this section (including the determination and 
     implementation of the payment amount), or to carry out 
     section 1847B;
       ``(ii) to permit the Comptroller General of the United 
     States to review the information provided;
       ``(iii) to permit the Director of the Congressional Budget 
     Office to review the information provided;
       ``(iv) to permit the Medicare Payment Advisory Commission 
     to review the information provided; and
       ``(v) to permit the Medicaid and CHIP Payment and Access 
     Commission to review the information provided.''.
       (b) Enforcement.--Section 1847A of such Act (42 U.S.C. 
     1395w-3a) is further amended--
       (1) in subsection (d)(4)--
       (A) in subparagraph (A), by striking ``In general'' and 
     inserting ``Misrepresentation'';
       (B) in subparagraph (B), by striking ``subparagraph (B)'' 
     and inserting ``subparagraph (A), (B), or (C)'';
       (C) by redesignating subparagraph (B) as subparagraph (E); 
     and
       (D) by inserting after subparagraph (A) the following new 
     subparagraphs:
       ``(B) Failure to provide timely information.--If the 
     Secretary determines that a manufacturer described in 
     subsection (f)(2) has failed to report on information 
     described in section 1927(b)(3)(A)(iii) with respect to a 
     drug or biological in accordance with such subsection, the 
     Secretary shall apply a civil money penalty in an amount of 
     $10,000 for each day the manufacturer has failed to report 
     such information and such amount shall be paid to the 
     Treasury.
       ``(C) False information.--Any manufacturer required to 
     submit information under subsection (f)(2) that knowingly 
     provides false information is subject to a civil money 
     penalty in an amount not to exceed $100,000 for each item of 
     false information. Such civil money penalties are in addition 
     to other penalties as may be prescribed by law.
       ``(D) Increasing oversight and enforcement.--For calendar 
     quarters beginning on or after January 1, 2022, section 
     1927(b)(3)(C)(iv) shall be applied as if--
       ``(i) each reference to `under this subparagraph and 
     subsection (c)(4)(B)(ii)(III)' were a reference to `under 
     this subparagraph, subsection (c)(4)(B)(ii)(III), and 
     subparagraphs (A), (B), and (C) of section 1847A(d)(4)'; and
       ``(ii) the reference to `activities related to the 
     oversight and enforcement of this section and agreements 
     under this section' were a reference to `activities related 
     to the oversight and enforcement of this section and under 
     subsection (f)(2) of section 1847A and subparagraphs (A), 
     (B), and (C) of section 1847A(d)(4) and, if applicable, 
     agreements under this section'.''; and
       (2) in subsection (c)(6)(A), by striking the period at the 
     end and inserting ``, except that, for purposes of subsection 
     (f)(2), the Secretary may, if the Secretary determines 
     appropriate, exclude repackagers of a drug or biological from 
     such term.''.
       (c) Manufacturers With a Rebate Agreement.--
       (1) In general.--Section 1927(b)(3)(A) of the Social 
     Security Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by 
     adding at the end the following new sentence: ``For purposes 
     of applying clause (iii), for calendar quarters beginning on 
     or after January 1, 2022, a drug or biological described in 
     the flush matter following such clause includes items, 
     services, supplies, and products that are payable under part 
     B of title XVIII as a drug or biological.''.
       (2) Technical amendment.--Section 1927(b)(3)(A)(iii) of the 
     Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)(iii)) is 
     amended by striking ``section 1881(b)(13)(A)(ii)'' and 
     inserting ``section 1881(b)(14)(B)''.
       (d) Report.--Not later than January 1, 2023, the Inspector 
     General of the Department of Health and Human Services shall 
     assess and submit to Congress a report on the accuracy of 
     average sales price information submitted by manufacturers 
     under section 1847A of the Social Security Act (42 U.S.C. 
     1395w-3a), including the extent to which manufacturers 
     provide false information, misclassify drug products, or 
     misreport information. Such report shall include any 
     recommendations on how to improve the accuracy of such 
     information.

     SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE 
                   DRUGS FOR KIDNEY TRANSPLANT PATIENTS AND OTHER 
                   RENAL DIALYSIS PROVISIONS.

       (a) Medicare Entitlement to Immunosuppressive Drugs for 
     Kidney Transplant Recipients.--

[[Page H7799]]

       (1) In general.--Section 226A(b)(2) of the Social Security 
     Act (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except 
     for eligibility for enrollment under part B solely for 
     purposes of coverage of immunosuppressive drugs described in 
     section 1861(s)(2)(J))'' before ``, with the thirty-sixth 
     month''.
       (2) Individuals eligible only for coverage of 
     immunosuppressive drugs.--
       (A) In general.--Section 1836 of the Social Security Act 
     (42 U.S.C. 1395o) is amended--
       (i) by striking ``Every'' and inserting ``(a) In General.--
     Every''; and
       (ii) by adding at the end the following new subsection:
       ``(b) Individuals Eligible for Immunosuppressive Drug 
     Coverage.--
       ``(1) In general.--Except as provided under paragraph (2), 
     every individual whose entitlement to insurance benefits 
     under part A ends (whether before, on, or after January 1, 
     2023) by reason of section 226A(b)(2) is eligible to enroll 
     or to be deemed to have enrolled in the medical insurance 
     program established by this part solely for purposes of 
     coverage of immunosuppressive drugs in accordance with 
     section 1837(n).
       ``(2) Exception if other coverage is available.--
       ``(A) In general.--An individual described in paragraph (1) 
     shall not be eligible for enrollment in the program for 
     purposes of coverage described in such paragraph with respect 
     to any period in which the individual, as determined in 
     accordance with subparagraph (B)--
       ``(i) is enrolled in a group health plan or group or 
     individual health insurance coverage, as such terms are 
     defined in section 2791 of the Public Health Service Act;
       ``(ii) is enrolled for coverage under the TRICARE for Life 
     program under section 1086(d) of title 10, United States 
     Code;
       ``(iii) is enrolled under a State plan (or waiver of such 
     plan) under title XIX and is eligible to receive benefits for 
     immunosuppressive drugs described in this subsection under 
     such plan (or such waiver);
       ``(iv) is enrolled under a State child health plan (or 
     waiver of such plan) under title XXI and is eligible to 
     receive benefits for such drugs under such plan (or such 
     waiver); or
       ``(v)(I) is enrolled in the patient enrollment system of 
     the Department of Veterans Affairs established and operated 
     under section 1705 of title 38, United States Code;
       ``(II) is not required to enroll under section 1705 of such 
     title to receive immunosuppressive drugs described in this 
     subsection; or
       ``(III) is otherwise eligible under a provision of title 
     38, United States Code, other than section 1710 of such title 
     to receive immunosuppressive drugs described in this 
     subsection.
       ``(B) Eligibility determinations.--
       ``(i) In general.--The Secretary, in coordination with the 
     Commissioner of Social Security, shall establish a process 
     for determining whether an individual described in paragraph 
     (1) who is to be enrolled or deemed to be enrolled in the 
     medical insurance program described in such paragraph meets 
     the requirements for such enrollment under this subsection, 
     including the requirement that the individual not be enrolled 
     in other coverage as described in subparagraph (A).
       ``(ii) Attestation regarding other coverage.--The process 
     established under clause (i) shall include, at a minimum, a 
     requirement that--

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

       (B) Conforming amendment.--
       (i) In general.--Sections 1837, 1838, and 1839 of the 
     Social Security Act (42 U.S.C. 1395p, 42 U.S.C. 1395q, 42 
     U.S.C. 1395r) are each amended by striking ``1836'' and 
     inserting ``1836(a)'' each place it appears.
       (ii) Additional amendment.--Section 1837(j)(1) of such Act 
     (42 U.S.C. 1395p(j)(1)) is amended by striking ``1836(1)'' 
     and inserting ``1836(a)(1)''.
       (b) Enrollment for Individuals Only Eligible for Coverage 
     of Immunosuppressive Drugs.--Section 1837 of the Social 
     Security Act (42 U.S.C. 1395p), as amended by section 120, is 
     amended by adding at the end the following new subsection:
       ``(n)(1) Any individual who is eligible for coverage of 
     immunosuppressive drugs under section 1836(b) may enroll or 
     be deemed to have enrolled only in such manner and form as 
     may be prescribed by regulations, and only during an 
     enrollment period described in this subsection.
       ``(2) An individual described in paragraph (1) whose 
     entitlement for hospital insurance benefits under part A ends 
     by reason of section 226A(b)(2) prior to January 1, 2023, may 
     enroll beginning on October 1, 2022, or the day on which the 
     individual first satisfies section 1836(b), whichever is 
     later.
       ``(3) An individual described in paragraph (1) whose 
     entitlement for hospital insurance benefits under part A ends 
     by reason of section 226A(b)(2) on or after January 1, 2023, 
     shall be deemed to have enrolled in the medical insurance 
     program established by this part for purposes of coverage of 
     immunosuppressive drugs.
       ``(4) The Secretary shall establish a process under which 
     an individual described in paragraph (1) whose other coverage 
     described in section 1836(b)(2)(A), or coverage under this 
     part (including the medical insurance program established 
     under this part for purposes of coverage of immunosuppressive 
     drugs), is terminated voluntarily or involuntary may enroll 
     or reenroll, if applicable, in the medical insurance program 
     established under this part for purposes of coverage of 
     immunosuppressive drugs.''.
       (c) Coverage Period for Individuals Only Eligible for 
     Coverage of Immunosuppressive Drugs.--
       (1) In general.--Section 1838 of the Social Security Act 
     (42 U.S.C. 1395q), as amended by section 120, is further 
     amended by adding at the end the following new subsection:
       ``(h) In the case of an individual described in section 
     1836(b)(1), the following rules shall apply:
       ``(1) In the case of such an individual who is deemed to 
     have enrolled in part B for coverage of immunosuppressive 
     drugs under section 1837(n)(3), such individual's coverage 
     period shall begin on the first day of the month in which the 
     individual first satisfies section 1836(b).
       ``(2) In the case of such an individual who enrolls (or 
     reenrolls, if applicable) in part B for coverage of 
     immunosuppressive drugs under paragraph (2) or (4) of section 
     1837(n), such individual's coverage period shall begin on 
     January 1, 2023, or the month following the month in which 
     the individual so enrolls (or reenrolls), whichever is later.
       ``(3) The provisions of subsections (b) and (d) shall apply 
     with respect to an individual described in paragraph (1) or 
     (2).
       ``(4) In addition to the reasons for termination under 
     subsection (b), the coverage period of an individual 
     described in paragraph (1) or (2) shall end when the 
     individual becomes entitled to benefits under this title 
     under subsection (a) or (b) of section 226, or under section 
     226A, or is no longer eligible for such coverage as a result 
     of the application of section 1836(b)(2).
       ``(5) The Secretary may conduct public education activities 
     to raise awareness of the availability of more comprehensive, 
     individual health insurance coverage (as defined in section 
     2791 of the Public Health Service Act) for individuals 
     eligible under section 1836(b) to enroll or to be deemed 
     enrolled in the medical insurance program established under 
     this part for purposes of coverage of immunosuppressive 
     drugs.''.
       (2) Conforming amendments.--Section 1838(b) of the Social 
     Security Act (42 U.S.C. 1395q(b)) is amended, in the matter 
     following paragraph (2), by inserting ``or section 
     1837(n)(3)'' after ``section 1837(f)'' each place it appears.
       (d) Premiums for Individuals Only Eligible for Coverage of 
     Immunosuppressive Drugs.--
       (1) In general.--Section 1839 of the Social Security Act 
     (42 U.S.C. 1395r), as amended by section 120, is further 
     amended--
       (A) in subsection (b), by adding at the end the following 
     new sentence: ``No increase in the premium shall be effected 
     for individuals who are enrolled pursuant to section 1836(b) 
     for coverage only of immunosuppressive drugs.''; and
       (B) by adding at the end the following new subsection:
       ``(j) Determination of Premium for Individuals Only 
     Eligible for Coverage of Immunosuppressive Drugs.--The 
     Secretary shall, during September of each year (beginning 
     with 2022), determine and promulgate a monthly premium rate 
     for the succeeding calendar year for individuals enrolled 
     only for the purpose of coverage of immunosuppressive drugs 
     under section 1836(b). Such premium shall be equal to 15 
     percent of the monthly actuarial rate for enrollees age 65 
     and over (as would be determined in accordance with 
     subsection (a)(1) if the reference to `one-half' in such 
     subsection were a reference to `100 percent') for that 
     succeeding calendar year. The monthly premium of each 
     individual enrolled for coverage of immunosuppressive drugs 
     under section 1836(b) for each month shall be the amount 
     promulgated in this subsection. In the case of such 
     individual not otherwise enrolled under this part, such 
     premium shall be in lieu of any other monthly premium 
     applicable under this section. Such amount shall be adjusted 
     in accordance with subsections (c), (f), and (i), but shall 
     not be adjusted under subsection (b).''.
       (2) Special rule for application of hold harmless 
     provisions to transitioning individuals.--Section 1839(f) of 
     the Social Security Act (42 U.S.C. 1395r(f)) is amended by 
     adding at the end the following new sentence: ``Any increase 
     in the premium for an individual who was enrolled under 
     section 1836(b) attributable to such individual otherwise 
     enrolling under this part shall not be taken into account in 
     applying this subsection.''.
       (3) Special rule for application of premium subsidy 
     reduction provisions.--Section 1839(i)(3)(A)(ii)(II) of the 
     Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is 
     amended by inserting ``(or, with respect to an individual 
     enrolled under section 1836(b) and not otherwise enrolled 
     under this part, 0 times the amount of such increase)'' after 
     ``in the year''.
       (e) Government Contribution.--Section 1844(a) of the Social 
     Security Act (42 U.S.C. 1395w(a)) is amended--
       (1) in paragraph (3), by striking the period at the end and 
     inserting ``; plus'';
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) a Government contribution equal to the estimated 
     aggregate reduction in premiums payable under part B that 
     results from establishing the premium at 15 percent of the 
     actuarial rate (as would be determined in accordance with 
     section 1839(a)(1) if the reference to `one-half' in such 
     section were a reference to `100 percent') under section 
     1839(j) instead of 25 percent of such rate (as so determined) 
     for individuals enrolled only for the purpose of coverage of 
     immunosuppressive drugs under section 1836(b).''; and
       (3) by adding the following sentence at the end of the 
     flush matter following paragraph (4), as added by paragraph 
     (2) of this subsection:
     ``The Government contribution under paragraph (4) shall be 
     treated as premiums payable and deposited for purposes of 
     subparagraphs (A) and (B) of paragraph (1).''.

[[Page H7800]]

       (f) Ensuring Coverage Under the Medicare Savings Program.--
       (1) In general.--Section 1905(p)(1)(A) of the Social 
     Security Act (42 U.S.C. 1396d(p)(1)(A)) is amended by 
     inserting ``or who is enrolled under part B for the purpose 
     of coverage of immunosuppressive drugs under section 
     1836(b)'' after ``under section 1818A)''.
       (2) Conforming amendments.--Section 1902(a)(10)(E) of the 
     Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended in 
     each of clauses (iii) and (iv) by inserting ``(including such 
     individuals enrolled under section 1836(b))'' after ``section 
     1905(p)(1)''.
       (g) Part D.--Section 1860D-1(a)(3)(A) of the Social 
     Security Act (42 U.S.C. 1395w-101(a)(3)(A)) is amended by 
     inserting ``(but not including an individual enrolled solely 
     for coverage of immunosuppressive drugs under section 
     1836(b))'' before the period at the end.
       (h) GAO Study and Report.--
       (1) Study.--The Comptroller General of the United States 
     (in this subsection referred to as the ``Comptroller 
     General'') shall conduct a study on the implementation of 
     coverage of immunosuppressive drugs for kidney transplant 
     patients under the Medicare program pursuant to the 
     provisions of, and amendments made by, this section.
       (2) Report.--Not later than January 1, 2025, the 
     Comptroller General shall submit to Congress a report on the 
     study conducted under paragraph (1), together with 
     recommendations as the Comptroller General determines 
     appropriate.

     SEC. 403. PERMITTING DIRECT PAYMENT TO PHYSICIAN ASSISTANTS 
                   UNDER MEDICARE.

       Section 1842(b)(6)(C) of the Social Security Act (42 U.S.C. 
     1395u(b)(6)(C)) is amended, in the matter preceding clause 
     (i), by inserting ``for such services furnished before 
     January 1, 2022,'' after ``1861(s)(2)(K),''.

     SEC. 404. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER 
                   MEDICARE.

       Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C. 
     1395f(i)(2)(B)) is amended--
       (1) in clause (ii), by striking ``2025'' and inserting 
     ``2030''; and
       (2) in clause (iii), by striking ``2025'' and inserting 
     ``2030''.

     SEC. 405. SPECIAL RULE FOR DETERMINATION OF ASP IN CASES OF 
                   CERTAIN NONCOVERED SELF-ADMINISTERED DRUG 
                   PRODUCTS.

       Section 1847A of the Social Security Act (42 U.S.C. 1395w-
     3a) is amended by redesignating subsection (g) as subsection 
     (h) and by inserting after subsection (f) the following:
       ``(g) Payment Adjustment for Certain Drugs for Which There 
     Is a Self-administered NDC.--
       ``(1) OIG studies.--The Inspector General of the Department 
     of Health and Human Services shall conduct periodic studies 
     to identify National Drug Codes for drug or biological 
     products that are self-administered for which payment may not 
     be made under this part because such products are not covered 
     pursuant to section 1861(s)(2) and which the Inspector 
     General determines (based on the same or similar 
     methodologies to the methodologies used in the final 
     recommendation followup report of the Inspector General 
     described in paragraph (3) or in the November 2017 final 
     report of the Inspector General entitled `Excluding 
     Noncovered Versions When Setting Payment for Two Part B Drugs 
     Would Have Resulted in Lower Drug Costs for Medicare and its 
     Beneficiaries') should be excluded from the determination of 
     the payment amount under this section.
       ``(2) Payment adjustment.--If the Inspector General 
     identifies a National Drug Code for a drug or biological 
     product under paragraph (1), the Inspector General shall 
     inform the Secretary (at such times as the Secretary may 
     specify to carry out this paragraph) and the Secretary shall, 
     to the extent the Secretary deems appropriate, apply as the 
     amount of payment under this section for the applicable 
     billing and payment code the lesser of--
       ``(A) the amount of payment that would be determined under 
     this section for such billing and payment code if such 
     National Drug Code for such product so identified under 
     paragraph (1) were excluded from such determination; or
       ``(B) the amount of payment otherwise determined under this 
     section for such billing and payment code without application 
     of this subsection.
       ``(3) Application to certain identified products.--In the 
     case of a National Drug Code for a drug or biological product 
     that is self-administered for which payment is not made under 
     this part because such product is not covered pursuant to 
     section 1861(s)(2) that was identified by the Inspector 
     General of the Department of Health and Human Services in the 
     final recommendation followup report of the Inspector General 
     published July 2020, entitled Loophole in Drug Payment Rule 
     Continues To Cost Medicare and Beneficiaries Hundreds of 
     Millions of Dollars, beginning July 1, 2021, the amount of 
     payment under this section for the applicable billing and 
     payment code shall be the lesser of--
       ``(A) the amount of payment that would be determined under 
     this section for such billing and payment code if such 
     National Drug Code for such drug or biological products so 
     identified were excluded from such determination; or
       ``(B) the amount of payment otherwise determined under this 
     section for such billing and payment code without application 
     of this subsection.''.

     SEC. 406. MEDICAID IMPROVEMENT FUND.

       Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 
     1396w-1(b)(3)(A)), as amended by section 1303 of the Further 
     Continuing Appropriations Act, 2021, and Other Extensions 
     Act, is amended by striking `` $3,464,000,000'' and inserting 
     `` $0''.

     SEC. 407. ESTABLISHING HOSPICE PROGRAM SURVEY AND ENFORCEMENT 
                   PROCEDURES UNDER THE MEDICARE PROGRAM.

       (a) Survey and Enforcement Procedures.--
       (1) In general.--Part A of title XVIII of the Social 
     Security Act (42 U.S.C. 1395c et seq.) is amended by adding 
     at the end the following new section:

     ``SEC. 1822. HOSPICE PROGRAM SURVEY AND ENFORCEMENT 
                   PROCEDURES.

       ``(a) Surveys.--
       ``(1) Frequency.--Any entity that is certified as a hospice 
     program (as defined in section 1861(dd)(2)) shall be subject 
     to a standard survey by an appropriate State or local survey 
     agency, or an approved accreditation agency, as determined by 
     the Secretary, not less frequently than once every 36 months.
       ``(2) Public transparency of survey and certification 
     information.--
       ``(A) Submission of information to the secretary.--
       ``(i) In general.--Each State or local survey agency, and 
     each national accreditation body with respect to which the 
     Secretary has made a finding under section 1865(a) respecting 
     the accreditation of a hospice program by such body, shall 
     submit, in a form and manner, and at a time, specified by the 
     Secretary for purposes of this paragraph, information 
     respecting any survey or certification made with respect to a 
     hospice program by such survey agency or body, as applicable. 
     Such information shall include any inspection report made by 
     such survey agency or body with respect to such survey or 
     certification, any enforcement actions taken as a result of 
     such survey or certification, and any other information 
     determined appropriate by the Secretary.
       ``(ii) Required inclusion of specified form.--With respect 
     to a survey under this subsection carried out by a national 
     accreditation body described in clause (i) on or after 
     October 1, 2021, information described in such clause shall 
     include Form CMS-2567 (or a successor form), along with such 
     additional information determined appropriate by such body.
       ``(B) Public disclosure of information.--Beginning not 
     later than October 1, 2022, the Secretary shall publish the 
     information submitted under subparagraph (A) on the public 
     website of the Centers for Medicare & Medicaid Services in a 
     manner that is prominent, easily accessible, readily 
     understandable, and searchable. The Secretary shall provide 
     for the timely update of such information so published.
       ``(3) Consistency of surveys.--Each State and the Secretary 
     shall implement programs to measure and reduce inconsistency 
     in the application of survey results among surveyors.
       ``(4) Survey teams.--
       ``(A) In general.--In the case of a survey conducted under 
     this subsection on or after October 1, 2021, by more than 1 
     individual, such survey shall be conducted by a 
     multidisciplinary team of professionals (including a 
     registered professional nurse).
       ``(B) Prohibition of conflicts of interest.--Beginning 
     October 1, 2021, a State may not use as a member of a survey 
     team under this subsection an individual who is serving (or 
     has served within the previous 2 years) as a member of the 
     staff of, or as a consultant to, the program surveyed 
     respecting compliance with the requirements of section 
     1861(dd) or who has a personal or familial financial interest 
     in the program being surveyed.
       ``(C) Training.--The Secretary shall provide, not later 
     than October 1, 2021, for the comprehensive training of State 
     and Federal surveyors, and any surveyor employed by a 
     national accreditation body described in paragraph (2)(A)(i), 
     in the conduct of surveys under this subsection, including 
     training with respect to the review of written plans for 
     providing hospice care (as described in section 
     1814(a)(7)(B)). No individual shall serve as a member of a 
     survey team with respect to a survey conducted on or after 
     such date unless the individual has successfully completed a 
     training and testing program in survey and certification 
     techniques that has been approved by the Secretary.
       ``(5) Funding.--The Secretary shall provide for the 
     transfer, from the Federal Hospital Insurance Trust Fund 
     under section 1817 to the Centers for Medicare & Medicaid 
     Services Program Management Account, of $10,000,000 for each 
     fiscal year (beginning with fiscal year 2022) for purposes of 
     carrying out this subsection and subsection (b). Sums so 
     transferred shall remain available until expended. Any 
     transfer pursuant to this paragraph shall be in addition to 
     any transfer pursuant to section 3(a)(2) of the Improving 
     Medicare Post-Acute Care Transformation Act of 2014.
       ``(b) Special Focus Program.--
       ``(1) In general.--The Secretary shall conduct a special 
     focus program for enforcement of requirements for hospice 
     programs that the Secretary has identified as having 
     substantially failed to meet applicable requirements of this 
     Act.
       ``(2) Periodic surveys.--Under such special focus program, 
     the Secretary shall conduct surveys of each hospice program 
     in the special focus program not less than once every 6 
     months.
       ``(c) Enforcement.--
       ``(1) Situations involving immediate jeopardy.--If the 
     Secretary determines on the basis of a standard survey or 
     otherwise that a hospice program that is certified for 
     participation under this title is no longer in compliance 
     with the requirements specified in section 1861(dd) and 
     determines that the deficiencies involved immediately 
     jeopardize the health and safety of the individuals to whom 
     the program furnishes items and services, the Secretary shall 
     take immediate action to ensure the removal of the jeopardy 
     and correction of the deficiencies or

[[Page H7801]]

     terminate the certification of the program, and may provide, 
     in addition, for 1 or more of the other remedies described in 
     paragraph (5)(B).
       ``(2) Situations not involving immediate jeopardy.--If the 
     Secretary determines on the basis of a standard survey or 
     otherwise that a hospice program that is certified for 
     participation under this title is no longer in compliance 
     with the requirements specified in section 1861(dd) and 
     determines that the deficiencies involved do not immediately 
     jeopardize the health and safety of the individuals to whom 
     the program furnishes items and services, the Secretary may 
     (for a period not to exceed 6 months) impose remedies 
     developed pursuant to paragraph (5)(A), in lieu of 
     terminating the certification of the program. If, after such 
     a period of remedies, the program is still no longer in 
     compliance with such requirements, the Secretary shall 
     terminate the certification of the program.
       ``(3) Penalty for previous noncompliance.--If the Secretary 
     determines that a hospice program that is certified for 
     participation under this title is in compliance with the 
     requirements specified in section 1861(dd) but, as of a 
     previous period, did not meet such requirements, the 
     Secretary may provide for a civil money penalty under 
     paragraph (5)(B)(i) for the days in which the Secretary finds 
     that the program was not in compliance with such 
     requirements.
       ``(4) Option to continue payments for noncompliant hospice 
     programs.--The Secretary may continue payments under this 
     title with respect to a hospice program not in compliance 
     with the requirements specified in section 1861(dd) over a 
     period of not longer than 6 months, if--
       ``(A) the State or local survey agency finds that it is 
     more appropriate to take alternative action to assure 
     compliance of the program with such requirements than to 
     terminate the certification of the program;
       ``(B) the program has submitted a plan and timetable for 
     corrective action to the Secretary for approval and the 
     Secretary approves the plan of corrective action; and
       ``(C) the program agrees to repay to the Federal Government 
     payments received under this title during such period if the 
     corrective action is not taken in accordance with the 
     approved plan and timetable.
     The Secretary shall establish guidelines for approval of 
     corrective actions requested by hospice programs under this 
     paragraph.
       ``(5) Remedies.--
       ``(A) Development.--
       ``(i) In general.--Not later than October 1, 2022, the 
     Secretary shall develop and implement--

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

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

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

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

     SEC. 408. MEDICARE IMPROVEMENT FUND.

       Section 1898(b)(1) of the Social Security Act (42 U.S.C. 
     1395iii(b)(1)) is amended by striking `` $0'' and inserting 
     `` $165,000,000''.

                         TITLE V--MISCELLANEOUS

     SEC. 501. IMPLEMENTATION FUNDING.

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

            DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

     SEC. 1. SHORT TITLE.

       This division may be cited as the ``Montana Water Rights 
     Protection Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to achieve a fair, equitable, and final settlement of 
     claims to water rights in the State of Montana, and in 
     recognition of article I, and section 3 of article IX, of the 
     Montana State Constitution for--
       (A) the Confederated Salish and Kootenai Tribes of the 
     Flathead Indian Reservation; and
       (B) the United States, for the benefit of the Tribes and 
     allottees;
       (2) to authorize, ratify, and confirm the water rights 
     compact entered into by the Tribes and the State, to the 
     extent that the Compact is consistent with this Act;
       (3) to authorize and direct the Secretary of the Interior--
       (A) to execute the Compact; and
       (B) to take any other action necessary to carry out the 
     Compact in accordance with this Act; and
       (4) to authorize funds necessary for the implementation 
     of--
       (A) the Compact; and
       (B) this Act.

     SEC. 3. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Allottee.--The term ``allottee'' means an individual 
     who holds a beneficial real property interest in an allotment 
     of Indian land that is--
       (A) located within the Reservation; and
       (B) held in trust by the United States.
       (2) Bison.--The term ``bison'' means North American plains 
     bison.
       (3) Compact.--The term ``Compact'' means--
       (A) the water rights compact entered into and ratified, as 
     applicable, by the Confederated Salish and Kootenai Tribes, 
     the State, and the United States, as contained in section 85-
     20-1901 of the Montana Code Annotated (2019), including--
       (i) any appendix or exhibit to that compact; and
       (ii) any modifications authorized by that compact; and
       (B) any amendment to the compact referred to in 
     subparagraph (A) (including an amendment to an appendix or 
     exhibit) that is--
       (i) executed to ensure that the Compact is consistent with 
     this Act; or
       (ii) otherwise authorized by the Compact and this Act.

[[Page H7802]]

       (4) Enforceability date.--The term ``enforceability date'' 
     means the date described in section 10(b).
       (5) Flathead indian irrigation project.--
       (A) In general.--The term ``Flathead Indian irrigation 
     project'' means the Federal irrigation project developed by 
     the United States to irrigate land within the Reservation 
     pursuant to--
       (i) the Act of April 23, 1904 (33 Stat. 302, chapter 1495); 
     and
       (ii) the Act of May 29, 1908 (35 Stat. 444, chapter 216).
       (B) Inclusions.--The term ``Flathead Indian irrigation 
     project'' includes--
       (i) all land and any reservoir, easement, right-of-way, 
     canal, ditch, lateral, or any other facility of the project 
     referred to in subparagraph (A) (regardless of location on or 
     off the Reservation); and
       (ii) any headgate, pipeline, pump, building, heavy 
     equipment, vehicle, supplies, record, copy of a record, or 
     any other physical, tangible object of real or personal 
     property used in the management and operation of the project 
     referred to in subparagraph (A).
       (6) Hungry horse dam.--The term ``Hungry Horse Dam'' means 
     the dam that is a part of the Hungry Horse Project.
       (7) Hungry horse project.--The term ``Hungry Horse 
     Project'' means the project authorized to be carried out by 
     the Secretary under the Act of June 5, 1944 (43 U.S.C. 593a 
     et seq.).
       (8) Hungry horse reservoir.--The term ``Hungry Horse 
     Reservoir'' means the reservoir that is a part of the Hungry 
     Horse Project.
       (9) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (10) Law of administration.--The term ``Law of 
     Administration'' means the Unitary Administration and 
     Management Ordinance, as set forth in Appendix 4 to the 
     Compact.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (12) State.--
       (A) In general.--The term ``State'' means the State of 
     Montana.
       (B) Inclusions.--The term ``State'' includes all officers, 
     agencies, departments, and political subdivisions of the 
     State.
       (13) Tribal water right.--The term ``Tribal Water Right'' 
     means the water right of the Tribes, as established in--
       (A) the Compact; and
       (B) this Act.
       (14) Tribes.--
       (A) In general.--The term ``Tribes'' means the Confederated 
     Salish and Kootenai Tribes of the Flathead Reservation of 
     Montana.
       (B) Inclusions.--The term ``Tribes'' includes all officers, 
     agencies, and departments of the Tribes.
       (15) Trust fund.--The term ``Trust Fund'' means the Selis-
     Qlispe Ksanka Settlement Trust Fund established under section 
     8(a).
       (b) Definitions of Certain Terms.--Any term used but not 
     defined in this Act, including the terms ``Existing Use'', 
     ``Historic Farm Deliveries'', ``Instream Flow'', ``Minimum 
     Reservoir Pool Elevations'', and ``Reservation'', shall have 
     the meaning given the term in article II of the Compact.

     SEC. 4. RATIFICATION OF COMPACT.

       (a) Ratification.--
       (1) In general.--As modified by this Act, the Compact is 
     authorized, ratified, and confirmed.
       (2) Amendments.--Any amendment to the Compact is 
     authorized, ratified, and confirmed, to the extent that such 
     an amendment--
       (A) is executed to ensure that the Compact is consistent 
     with this Act; or
       (B)(i) is approved by the Secretary;
       (ii) concerns nonmonetary matters; and
       (iii) does not affect the water rights of the Tribes 
     determined in the Compact, or any other property held in 
     trust by the United States on behalf of the Tribes or 
     allottees.
       (3) Modifications.--Nothing in this Act--
       (A) precludes the Secretary from approving a modification 
     to the Compact, including an appendix or exhibit to the 
     Compact, that is consistent with this Act; or
       (B) authorizes amendments or modifications that otherwise 
     require congressional approval under--
       (i) section 2116 of the Revised Statutes (25 U.S.C. 177); 
     or
       (ii) any other applicable Federal law.
       (b) Execution.--To the extent that the Compact does not 
     conflict with this Act, the Secretary shall execute the 
     Compact, including all exhibits to, appendices to, and parts 
     of the Compact requiring the signature of the Secretary.
       (c) Environmental Compliance.--
       (1) In general.--In implementing the Compact and this Act, 
     the Secretary and the Tribes shall ensure compliance with--
       (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (B) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (C) all other applicable environmental laws (including 
     regulations).
       (2) Performance of compliance activities.--The Secretary 
     and the Tribes shall perform appropriate Federal 
     environmental compliance activities relating to any activity 
     undertaken by the Secretary or Tribes pursuant to this Act 
     prior to commencement of that activity.
       (3) Effect of execution.--
       (A) In general.--The execution of the Compact by the 
     Secretary under this section shall not constitute a major 
     Federal action for purposes of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (B) Compliance.--The Secretary shall ensure compliance with 
     all Federal laws and regulations necessary to implement the 
     Compact and this Act.
       (d) Public Availability.--As provided in articles IV.I.b 
     (relating to hearings), IV.I.c (relating to the employment of 
     a water engineer), and IV.I.7.e (relating to Board records) 
     of the Compact, and in recognition of section 9 of article II 
     of the Montana State Constitution, all records of the 
     Flathead Reservation Water Management Board and the Water 
     Engineer employed by the Board shall be open to public 
     inspection.

     SEC. 5. TRIBAL WATER RIGHT.

       (a) Intent of Congress.--It is the intent of Congress to 
     provide to each allottee benefits that are equivalent to, or 
     that exceed, the benefits possessed by allottees on the day 
     before the date of enactment of this Act, taking into 
     consideration--
       (1) the potential risks, cost, and time delay associated 
     with litigation that would be resolved by the Compact and 
     this Act;
       (2) the availability of funding under this Act and from 
     other sources;
       (3) the availability of water from the Tribal Water Right; 
     and
       (4) the applicability of section 7 of the Act of February 
     8, 1887 (25 U.S.C. 381), and this Act to protect the 
     interests of allottees.
       (b) Confirmation of Tribal Water Right.--
       (1) In general.--The Tribal Water Right is ratified, 
     confirmed, and declared to be valid.
       (2) Use.--Any use of the Tribal Water Right shall be 
     subject to the terms and conditions of--
       (A) the Compact; and
       (B) this Act.
       (3) Conflict.--In the event of a conflict between the 
     Compact and this Act, the provisions of this Act shall 
     control.
       (c) Trust Status of Tribal Water Right.--The Tribal Water 
     Right--
       (1) shall be held in trust by the United States for the use 
     and benefit of the Tribes and allottees in accordance with 
     this Act; and
       (2) shall not be subject to forfeiture or abandonment.
       (d) Allottees.--
       (1) Applicability of act of february 8, 1887.--The 
     provisions of section 7 of the Act of February 8, 1887 (25 
     U.S.C. 381), relating to the use of water for irrigation 
     purposes shall apply to the Tribal Water Right.
       (2) Entitlements to water.--
       (A) In general.--Any entitlement to water of an allottee 
     under Federal law shall be satisfied from the Tribal Water 
     Right.
       (B) Water for irrigation.--Each allottee shall be entitled 
     to a just and equitable allocation of water for irrigation 
     purposes, to be enforceable under paragraph (3)(B).
       (3) Claims.--
       (A) Exhaustion of remedies.--Before asserting any claim 
     against the United States under section 7 of the Act of 
     February 8, 1887 (25 U.S.C. 381), or any other applicable 
     law, an allottee shall exhaust remedies available under--
       (i) the Law of Administration; or
       (ii) other applicable Tribal law.
       (B) Water for irrigation.--After the exhaustion of all 
     remedies available under the Law of Administration or other 
     applicable Tribal law, an allottee may seek relief under 
     section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or 
     other applicable law, to seek a just and equitable allocation 
     of water for irrigation purposes under paragraph (2)(B).
       (4) Authority of secretary.--The Secretary shall have the 
     authority to protect the rights of allottees in accordance 
     with this section.
       (e) Authority of Tribes.--
       (1) In general.--The Tribes shall have the authority to 
     allocate, distribute, and lease the Tribal Water Right for 
     any use on the Reservation in accordance with--
       (A) the Compact;
       (B) the Law of Administration;
       (C) this Act; and
       (D) applicable Federal law.
       (2) Off-reservation use.--The Tribes may allocate, 
     distribute, and lease the Tribal Water Right for off-
     Reservation use in the State in accordance with the Compact, 
     subject to the approval of the Secretary.
       (3) Land leases by allottees.--Notwithstanding paragraph 
     (1), an allottee may lease any interest in land held by the 
     allottee, together with any water right determined to be 
     appurtenant to the interest in land, in accordance with the 
     Law of Administration.
       (f) Law of Administration.--
       (1) In general.--During the period beginning on the date of 
     enactment of this Act and ending on the date on which the Law 
     of Administration becomes effective on the Reservation, the 
     Secretary shall administer, with respect to the rights of 
     allottees, the Tribal Water Right in accordance with this 
     Act.
       (2) Approval.--
       (A) In general.--The Law of Administration is approved.
       (B) Registrations.--As provided in sections 3 and 4 of 
     article IX of the Montana State Constitution and section 1-1-
     108 of the Law of Administration, all water rights and 
     changes of use authorized under the Law of Administration, 
     including all registrations required by sections 2-1-101 
     through 2-1-107, shall be provided to the department of 
     natural resources and conservation of the State, to be 
     entered into the water rights database of the department.
       (3) Amendments.--
       (A) In general.--An otherwise valid amendment to the Law of 
     Administration that affects a right of an allottee shall not 
     be effective unless the amendment is approved by the 
     Secretary in accordance with this subsection.
       (B) Approval period.--
       (i) In general.--Subject to clause (ii), the Secretary 
     shall approve or disapprove an amendment to the Law of 
     Administration not later than 180 days after the date of 
     ratification of the amendment by the Tribes and the State.
       (ii) Extension.--The deadline described in clause (i) may 
     be extended by the Secretary after consultation with the 
     Tribes.
       (4) Conflict.--In the event of a conflict between the Law 
     of Administration and this Act, the provisions of this Act 
     shall control.

[[Page H7803]]

       (g) Administration.--
       (1) Alienation.--The Tribes shall not permanently alienate 
     any portion of the Tribal Water Right.
       (2) Purchases or grants of land from indians.--An 
     authorization provided by this Act for an allocation, 
     distribution, lease, or any other arrangement shall be 
     considered to satisfy any requirement for authorization of 
     the action by treaty or convention under section 2116 of the 
     Revised Statutes (25 U.S.C. 177).
       (3) Prohibition on forfeiture.--The nonuse of all, or any 
     portion of, the Tribal Water Right by a lessee or contractor 
     shall not result in the forfeiture, abandonment, 
     relinquishment, or other loss of all, or any portion of, the 
     Tribal Water Right.
       (h) Effect.--Except as otherwise expressly provided in this 
     section, nothing in this Act--
       (1) authorizes any action by an allottee against any 
     individual or entity, or against the Tribes, under Federal, 
     State, Tribal, or local law; or
       (2) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.

     SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.

       (a) Storage Allocation to Tribes.--
       (1) In general.--Subject to paragraph (2), the Secretary 
     shall allocate to the Tribes 90,000 acre-feet per year, as 
     measured at the Hungry Horse Dam, of storage water in Hungry 
     Horse Reservoir for use by the Tribes for any beneficial 
     purpose on or off the Reservation under a water right held by 
     the United States and managed by the Bureau of Reclamation.
       (2) Limitations.--The allocation under paragraph (1) shall 
     be subject to--
       (A) Appendix 7 to the Compact, entitled ``Flathead Basin 
     Tribal Depletions Study'', prepared by the Bureau of 
     Reclamation, and dated September 2012; and
       (B) Appendix 8 to the Compact, entitled ``Hungry Horse 
     Reservoir, Montana: Biological Impact Evaluation and 
     Operational Constraints for a proposed 90,000-acre-foot 
     withdrawal'', prepared by the State, as revised on September 
     14, 2011.
       (b) Treatment.--
       (1) In general.--The allocation under subsection (a) shall 
     be considered to be part of the Tribal Water Right.
       (2) Administration.--The Tribes shall administer the water 
     allocated under subsection (a) in accordance with, and 
     subject to the limitations of, the Compact and this Act.
       (c) Allocation Agreement.--
       (1) In general.--As a condition of receiving the allocation 
     under subsection (a), the Tribes shall enter into an 
     agreement with the Secretary to establish the terms and 
     conditions of the allocation, in accordance with the Compact 
     and this Act.
       (2) Inclusions.--The agreement under paragraph (1) shall 
     include provisions establishing that--
       (A) the agreement shall be without a limit as to a term;
       (B) the Tribes, and not the United States, shall be 
     entitled to all consideration due to the Tribes under any 
     lease, contract, or agreement entered into by the Tribes 
     pursuant to subsection (d);
       (C) the United States shall have no obligation to monitor, 
     administer, or account for--
       (i) any funds received by the Tribes as consideration under 
     any lease, contract, or agreement entered into by the Tribes 
     pursuant to subsection (d); or
       (ii) the expenditure of those funds;
       (D) if the capacity or function of any facility of Hungry 
     Horse Reservoir or Hungry Horse Dam is significantly reduced, 
     or is anticipated to be significantly reduced, for an 
     extended period of time, the Tribes shall have the same 
     storage rights as other storage contractors with respect to 
     the allocation under subsection (a);
       (E) the costs associated with the construction and 
     operation of the storage facilities at Hungry Horse Reservoir 
     and Hungry Horse Dam allocable to the Tribes shall be 
     nonreimbursable;
       (F) no water service capital charge shall be due or payable 
     for the agreement or any water allocated under subsection 
     (a), regardless of whether that water is delivered for use by 
     the Tribes or under a lease, contract, or by an agreement 
     entered into by the Tribes pursuant to subsection (d);
       (G) the Tribes shall not be required to make payments to 
     the United States for the agreement or any water allocated 
     under subsection (a), except for each acre-foot of stored 
     water leased or transferred for industrial purposes;
       (H) for each acre-foot of stored water leased by the Tribes 
     for industrial purposes--
       (i) the Tribes shall pay annually to the United States an 
     amount sufficient to cover the proportionate share of the 
     annual operation, maintenance, and replacement costs for the 
     Hungry Horse Project allocable to that quantity of water; and
       (ii) the annual payments of the Tribes shall be reviewed 
     and adjusted, as appropriate, to reflect the actual 
     operation, maintenance, and replacement costs for the Hungry 
     Horse Project; and
       (I) the costs described in subparagraphs (G) and (H) shall 
     not apply to any lease or transfer for industrial purposes 
     to--
       (i) any entity of the Tribes; or
       (ii) any entity wholly owned by the Tribes.
       (d) Agreements by Tribes.--The Tribes may use, lease, 
     contract, exchange, or enter into other agreements for use of 
     the water allocated under subsection (a) if--
       (1) the water that is the subject of the agreement is used 
     within the Flathead Basin or the Clark Fork Basin within the 
     State; and
       (2) the agreement does not permanently alienate any portion 
     of water allocated under subsection (a).
       (e) Mitigation Water.--Notwithstanding section 5(e)(2), the 
     Tribes shall make available for lease not more than 11,000 
     acre-feet per year of the water allocated under subsection 
     (a), in accordance with the Compact.
       (f) No Carryover Storage.--The allocation under subsection 
     (a) shall not be increased by any year-to-year carryover 
     storage.
       (g) Development and Delivery Costs.--The United States 
     shall not be required to pay the cost of developing or 
     delivering any water allocated under subsection (a).
       (h) New Uses.--Except as provided in article III.C.1.c of 
     the Compact, the Tribes shall not develop any new use for the 
     allocation under subsection (a) until the date on which the 
     agreement entered into under subsection (c) takes effect.
       (i) Effective Date.--The allocation under subsection (a) 
     takes effect on the enforceability date.

     SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.

       (a) Purposes.--The purposes of this section are--
       (1) to implement key provisions of the Compact regarding 
     the Tribal Water Right by authorizing and carrying out the 
     activities described in subsection (b) relative to components 
     of the Flathead Indian irrigation project, in order--
       (A) to conserve water resources, enhance fish and wildlife 
     habitat, especially habitat of threatened and endangered 
     species, and improve the movement of fish through and around 
     Flathead Indian irrigation project facilities;
       (B) to ensure that the necessary water supplies are 
     provided to protect Instream Flow, Existing Uses, and 
     Historic Farm Deliveries;
       (C) to provide for the safe and efficient storage, 
     delivery, and routing of water; and
       (D) to dedicate the water thereby saved through 
     modernization and rehabilitation activities to the water 
     rights of the Tribes for Instream Flow and Minimum Reservoir 
     Pool Elevations;
       (2) to require that, in carrying out the activities under 
     subsection (b), the Secretary and the Tribes--
       (A) are guided by existing studies commissioned by the 
     Secretary and the Tribes that identify current facility 
     conditions and describe future modernization recommendations;
       (B) recognize the need to maintain flexibility and modify 
     the guidance provided by the studies described in 
     subparagraph (A), as appropriate and consistent with the 
     processes established and entities designated in the Compact; 
     and
       (C) carry out all such activities that can be accomplished 
     in a cost-effective manner and that are consistent with the 
     Compact; and
       (3) to ensure the prudent and knowledgeable conservation, 
     management, and protection of the water resources of the 
     Reservation through the activities described in subsection 
     (b), which will ensure the protection of the Reservation as 
     the permanent homeland of the Tribes in accordance with the 
     treaty between the United States and the Tribes concluded at 
     Hell Gate on July 16, 1855 (12 Stat. 975).
       (b) Activities.--Subject to the availability of 
     appropriations, the Secretary, or on the request of the 
     Tribes, the Tribes on behalf of the Secretary under title IV 
     of the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 5361 et seq.), shall in accordance with subsection 
     (c) carry out the following activities relating to the 
     Flathead Indian irrigation project:
       (1) Rehabilitation and modernization.--
       (A) Rehabilitation and modernization of structures, canals, 
     and pumping facilities, including dam safety improvements, 
     irrigation facility upgrades that improve water management 
     and operational control at irrigation diversion works, and 
     irrigation facility upgrades to reduce losses in conveyance 
     of water from irrigation sources of supply to irrigation 
     points of use, in accordance with the Compact.
       (B) Planning, design, and construction of additional 
     pumping facilities.
       (C) Operational improvements to infrastructure within the 
     distribution network of the Flathead Indian irrigation 
     project.
       (D) Reconstruction, replacement, and automation at 
     irrigation diversion works.
       (E) Lining of open canals, and placement of open canals in 
     pipe.
       (F) Fencing and physical project access enhancements.
       (2) Mitigation, reclamation, and restoration.--
       (A) Mitigation, reclamation, and restoration of streams, 
     wetlands, banks, slopes, and wasteways within, appurtenant 
     to, or affected by the Flathead Indian irrigation project.
       (B) The installation of screens, barriers, passages, or 
     ladders to prevent fish entrainment in irrigation ditches and 
     canals within, or appurtenant to, the Flathead Indian 
     irrigation project.
       (3) Acquisition of interests.--Acquisition of easements or 
     other interests in real property necessary to carry out any 
     activity under this section.
       (c) Environmental Compliance.--
       (1) In general.--Prior to the commencement of any activity 
     under subsection (b), the Secretary, or the Tribes if the 
     Tribes elect to perform the activities on behalf of the 
     Secretary under title IV of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5361 et seq.), shall 
     perform appropriate environmental, cultural, and historical 
     compliance activities relating to the activity, including to 
     ensure compliance with--
       (A) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (B) division A of subtitle III of title 54, United States 
     Code (formerly known as the ``National Historic Preservation 
     Act'' (16 U.S.C. 470 et seq.)).
       (2) Costs.--All costs associated with the performance of 
     compliance activities under paragraph (1) shall be paid with 
     funds deposited in

[[Page H7804]]

     the Trust Fund, on the condition that any costs associated 
     with the performance of Federal approval or other review of 
     such compliance work or costs associated with inherently 
     Federal functions shall remain the responsibility of the 
     Secretary.
       (d) Funding.--
       (1) Indian self-determination and education assistance act 
     compacting.--
       (A) Funding authority and agreements.--Notwithstanding any 
     other provision of law, if the Tribes elect to perform all 
     activities described in subsection (b) on behalf of the 
     Secretary, the Secretary shall enter into a self-governance 
     agreement with the Tribes under title IV of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5361 et 
     seq.) covering all such activities.
       (B) Funding agreements.--The Secretary shall use funds only 
     from the Salish and Kootenai Compact Account established 
     under section 8(b)(1) for any funding agreement, including 
     any related contract support costs, under which the Tribes 
     carry out activities described in subsection (b).
       (C) Timing for election.--Not later than 120 days after the 
     date on which funds are first appropriated for deposit in the 
     Trust Fund, or not later than such alternative later date as 
     is agreed to by the Tribes and the Secretary, the Tribes may 
     elect to perform all activities described in subsection (b) 
     on behalf of the Secretary.
       (D) Applicability of isdeaa.--Any funds transferred for use 
     in a funding agreement under this paragraph shall be subject 
     to--
       (i) title IV of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5361 et seq.); and
       (ii) the self-governance agreement and funding agreement 
     entered into between the Tribes and the Secretary.
       (E) Relation to compact.--The Tribes and the Federal 
     Government--
       (i) shall carry out the activities described in subsection 
     (b) in a manner that is consistent with, and fulfills, the 
     respective obligations of the Tribes and the Federal 
     Government under the Compact; and
       (ii) may not carry out any action pursuant to the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     5301 et seq.) that is inconsistent with the rights and 
     responsibilities under the Compact.
       (F) Applicability of certain isdeaa provisions.--For 
     purposes of this Act--
       (i) the ``annual trust evaluation'' required under section 
     403(d) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5363(d)) shall monitor the 
     performance, and progress toward completion, of activities 
     under subsection (b) that the Tribes are carrying out;
       (ii) the activities described in subsection (b) shall be 
     considered to be ``construction programs or projects'' under 
     section 403(e) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5363(e)); and
       (iii) reporting requirements regarding planning, design, 
     and the use and expenditure of funds shall be negotiated and 
     included within a funding agreement.
       (2) Secretarial performance of activities.--If the Tribes 
     do not elect to carry out the activities described in 
     subsection (b) by the deadline established under paragraph 
     (1)(C), the Secretary shall carry out the activities using 
     amounts made available under section 8(c)(3).
       (3) Nonreimbursability of costs.--All costs incurred in 
     carrying out this section shall be nonreimbursable.
       (4) Administration.--
       (A) In general.--Subject to subparagraph (B), the Secretary 
     and the Tribes shall negotiate the cost of any oversight 
     activity carried out by the Secretary under any agreement 
     entered into under paragraph (1)(A).
       (B) Requirement.--All costs associated with an oversight 
     activity--
       (i) shall be paid with funds deposited in the Salish and 
     Kootenai Compact Account established under section 8(b)(1); 
     and
       (ii) notwithstanding subsection (c), may include costs 
     associated with review or approval of environmental 
     compliance work and related Federal functions.
       (C) Limitation on cost.--The total cost described in 
     subparagraph (A) shall not exceed 3 percent of the total 
     project costs for each project.
       (e) Treatment.--Any activities carried out pursuant to 
     subsection (b) that result in improvements, additions, or 
     modifications to the Flathead Indian irrigation project, 
     including the acquisition of any real property interest, 
     shall--
       (1) become a part of the Flathead Indian irrigation 
     project; and
       (2) be recorded in the inventory of the Secretary relating 
     to the Flathead Indian irrigation project.
       (f) Easements and Rights-of-way.--
       (1) Tribal easements and rights-of-way.--
       (A) In general.--On request of the Secretary, the Tribes 
     shall grant, at no cost to the United States, such easements 
     and rights-of-way over Tribal land as are necessary for 
     construction relating to an activity under this section.
       (B) Jurisdiction.--An easement or right-of-way granted by 
     the Tribes pursuant to subparagraph (A) shall not affect in 
     any respect the civil or criminal jurisdiction of the Tribes 
     over the easement or right-of-way.
       (2) Landowner easements and rights-of-way.--In partial 
     consideration for the construction activities associated with 
     the rehabilitation and modernization of the Flathead Indian 
     irrigation project authorized by this section, and as a 
     condition of receiving service from the Flathead Indian 
     irrigation project, a willing landowner shall confirm or 
     grant, at no cost to the United States or the Tribes, such 
     easements and rights-of-way over the land of the landowner as 
     may be necessary for--
       (A) an activity authorized by this section; or
       (B) access to and operation and maintenance of--
       (i) the Flathead Indian irrigation project; or
       (ii) the Mission Valley Power Project.
       (3) Condemnation not authorized.--Nothing in this section 
     authorizes the Secretary to condemn interests in land for the 
     Flathead Indian irrigation project.
       (g) Land Acquired by United States or Tribes.--Any land 
     acquired within the boundaries of the Reservation by the 
     United States on behalf of the Tribes, or by the Tribes on 
     behalf of the Tribes and conveyed to the United States, in 
     connection with the purposes of this section shall be held in 
     trust by the United States for the benefit of the Tribes.
       (h) Effect.--Nothing in this section--
       (1) alters any applicable law under which the Bureau of 
     Indian Affairs collects assessments or carries out the 
     operation and maintenance of the Flathead Indian irrigation 
     project; or
       (2) impacts the availability of amounts under section 9.
       (i) Water Source for Flathead Indian Irrigation Project.--
       (1) In general.--The water source for the Flathead Indian 
     irrigation project--
       (A) shall be determined in accordance with article II(32) 
     of the Compact; and
       (B) shall consist of--
       (i) the water right set forth in article III.C.1.a of the 
     Compact; and
       (ii) any use of water for irrigation and incidental 
     purposes pursuant to an applicable water service contract.
       (2) Entitlement to delivery of water.--Entitlement to 
     delivery of available irrigation water for assessed parcels 
     shall be determined in accordance with article IV.D.2 of the 
     Compact.

     SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.

       (a) Establishment.--The Secretary shall establish in the 
     Treasury of the United States a trust fund, to be known as 
     the ``Selis-Qlispe Ksanka Settlement Trust Fund'', to be 
     allocated, maintained, managed, invested, and distributed by 
     the Secretary, and to remain available until expended, 
     consisting of the amounts deposited in the Trust Fund under 
     section 9(a), together with any interest earned on those 
     amounts, for the purpose of carrying out this Act.
       (b) Accounts.--The Secretary shall establish in the Trust 
     Fund the following accounts:
       (1) The Salish and Kootenai Compact Account, for the uses 
     described in paragraphs (1) and (2) of subsection (h).
       (2) The Salish and Kootenai Settlement Implementation 
     Account, for any use described in subsection (h).
       (c) Deposits.--
       (1) In general.--The Secretary shall deposit in the Trust 
     Fund the amounts made available pursuant to section 9(a)(1).
       (2) Allocation into accounts.--
       (A) In general.--Subject to subparagraph (B), each year, 
     the Secretary shall allocate from the Trust Fund amounts into 
     each of the accounts described in paragraphs (1) and (2) of 
     subsection (b) in such proportions as the Secretary and the 
     Tribes may agree.
       (B) Requirement.--In any year, if the Tribes and the 
     Secretary are unable to agree on the amounts to be allocated 
     under subparagraph (A) for that year, the Secretary shall 
     deposit equal sums in each account.
       (3) Transfer.--If the Tribes do not elect to carry out the 
     activities described in subsection (b) of section 7 by the 
     deadline described in subsection (d)(1)(C) of that section, 
     the Secretary, on an annual basis, shall transfer funds from 
     the account established under subsection (b)(1) to an 
     appropriate programmatic account solely for the purpose of 
     carrying out those activities and the activities described in 
     section 7(c).
       (d) Management and Interest.--
       (1) Management.--On receipt and deposit of the funds into 
     the Trust Fund, the Secretary shall manage, invest, and 
     distribute the amounts in accordance with the investment 
     authority of the Secretary under--
       (A) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (B) the American Indian Trust Fund Management Reform Act of 
     1994 (25 U.S.C. 4001 et seq.); and
       (C) this section.
       (2) Investment earnings.--In addition to the deposits under 
     section 9(a), any investment earnings, including interest, 
     credited to the amounts in the Trust Fund shall be available 
     for use in accordance with subsection (h).
       (e) Availability of Amounts.--
       (1) In general.--Amounts deposited in the Trust Fund 
     (including any investment earnings) shall be made available 
     to the Tribes by the Secretary beginning on the 
     enforceability date, subject to the requirements of this Act.
       (2) Use.--Notwithstanding paragraph (1), any amounts--
       (A) deposited in the account described in subsection (b)(1) 
     or transferred to another account under subsection (c)(3), 
     shall be available to the Tribes or the Secretary, as 
     applicable, on the date on which the amounts are deposited or 
     transferred, for the uses described in subsection (h)(1), in 
     accordance with Appendix 3.6 to the Compact; and
       (B) deposited in the account described in subsection (b)(1) 
     shall be available to the Tribes on the date on which the 
     amounts are deposited for the uses described in subsection 
     (h)(2).
       (f) Withdrawals Under AITFMRA.--
       (1) In general.--The Tribes may withdraw any portion of the 
     amounts in the account described in subsection (b)(2) on 
     approval by the Secretary of a Tribal management plan 
     submitted by the Tribes in accordance with the American 
     Indian Trust Fund Management Reform Act of 1994 (25 U.S.C. 
     4001 et seq.).
       (2) Inapplicability of aitfmra.--A withdrawal from the 
     account described in subsection (b)(1)--

[[Page H7805]]

       (A) shall be made only in accordance with subsection (e) 
     and section 7; and
       (B) notwithstanding any other provision of law, shall not 
     be subject to the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (3) Requirements.--
       (A) In general.--In addition to the requirements under the 
     American Indian Trust Fund Management Reform Act of 1994 (25 
     U.S.C. 4001 et seq.), the Tribal management plan under 
     paragraph (1) shall require that the Tribes shall spend all 
     amounts withdrawn from the Trust Fund and any investment 
     earnings accrued through the investments under the Tribal 
     management plan in accordance with this Act.
       (B) Enforcement.--The Secretary may carry out such judicial 
     and administrative actions as the Secretary determines to be 
     necessary to enforce the Tribal management plan to ensure 
     that amounts withdrawn by the Tribes from the Trust Fund 
     pursuant to this subsection are used in accordance with this 
     Act.
       (g) Effect.--Nothing in this Act provides to the Tribes the 
     right to judicial review of a determination by the Secretary 
     regarding whether to approve a Tribal management plan, except 
     under subchapter II of chapter 5, and chapter 7 of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act'').
       (h) Uses.--The Tribes may use amounts in the Trust Fund to 
     implement the Compact, the Law of Administration, and this 
     Act for the following purposes:
       (1) To carry out activities described in subsections (b) 
     and (c) of section 7.
       (2) The administration, implementation, and management of 
     the Tribal Water Right and the regulation and administration 
     of water rights within the Reservation under this Act, the 
     Compact, and the Law of Administration, and such 
     infrastructure as is necessary to meet related programmatic 
     needs.
       (3) To implement the Tribal Water Right through 
     rehabilitation and improvement of agricultural Indian land 
     within the Reservation.
       (4) To construct and rehabilitate livestock fencing on 
     Indian land within the Reservation.
       (5) To mitigate and control noxious weeds on land within 
     the Reservation.
       (6) To plan, design, and construct improvements to 
     irrigation systems on land served by the Flathead Indian 
     irrigation project.
       (7) To install screens, barriers, passages, or ladders to 
     prevent fish entrainment in irrigation ditches and canals 
     within the Reservation.
       (8) To plan, design, and construct irrigation facilities on 
     Indian land within the Reservation that is not served by the 
     Flathead Indian irrigation project.
       (9) To plan, design, construct, operate, maintain, and 
     replace community water distribution and wastewater treatment 
     facilities on the Reservation.
       (10) To develop geothermal water resources on Indian land 
     within the Reservation.
       (11) To develop a cultural resources program relating to 
     permitting necessary to conduct the activities authorized 
     under this subsection (including cultural, historical, and 
     archeological reviews, including training and certifications) 
     and related infrastructure necessary to meet programmatic 
     needs.
       (12) To comply with Federal environmental laws for any use 
     authorized by this subsection.
       (13) To repair, rehabilitate, or replace culverts, bridges, 
     and roads of the Flathead Indian irrigation project and any 
     public or Tribal culverts, bridges, and roads that intersect 
     with, or are otherwise located within, the supply and 
     distribution network of the Flathead Indian irrigation 
     project.
       (i) Liability.--Except with respect to amounts transferred 
     in accordance with section 7(d), the Secretary shall not be 
     liable for the expenditure or investment of any amounts 
     withdrawn from the Trust Fund by the Tribes under this 
     section.
       (j) Expenditure Reports.--
       (1) In general.--Not less frequently than annually, the 
     Tribes shall submit to the Secretary an expenditure report 
     describing--
       (A) the amount withdrawn from the Trust Fund under this 
     section; and
       (B) any authorized activities resulting from the use of a 
     withdrawal under a Tribal management plan, in accordance with 
     this Act.
       (2) Application.--Any amounts transferred to the Tribes 
     pursuant to a self-governance agreement and funding agreement 
     entered into between the Tribes and the Secretary under title 
     IV of the Indian Self-Determination and Education Assistance 
     Act (25 U.S.C. 5361 et seq.) shall not be subject to 
     paragraph (1).
       (k) OM&R Costs.--Except as otherwise provided in this Act, 
     nothing in this Act affects any obligation of the United 
     States with respect to the operation, maintenance, and repair 
     of the Flathead Indian irrigation project.

     SEC. 9. FUNDING.

       (a) Funding.--
       (1) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary for deposit in the Trust 
     Fund $1,000,000,000, to remain available until expended, 
     withdrawn, or reverted to the general fund of the Treasury.
       (2) Mandatory funding.--
       (A) In general.--On October 1, 2020, and on each October 1 
     thereafter through October 1, 2029, out of any funds in the 
     Treasury not otherwise appropriated, the Secretary of the 
     Treasury shall deposit in the Trust Fund $90,000,000, to 
     remain available until expended, withdrawn, or reverted to 
     the general fund of the Treasury.
       (B) Availability.--Amounts deposited in the Trust Fund 
     under subparagraph (A) shall be available without further 
     appropriation. 
       (b) Fluctuation in Costs.--
       (1) In general.--Of the amounts authorized to be 
     appropriated and appropriated to the Trust Fund under 
     paragraphs (1) and (2), respectively, of subsection (a)--
       (A) $347,200,000 shall be increased or decreased, as 
     appropriate, by such amounts as may be justified by reason of 
     ordinary fluctuations in costs occurring after the date of 
     enactment of this Act, as indicated by the Consumer Price 
     Index for All Urban Consumers West Urban 50,000 to 1,500,000 
     index;
       (B) $111,400,000 shall be increased or decreased, as 
     appropriate, by such amounts as may be justified by reasons 
     of ordinary fluctuations in costs occurring after the date of 
     enactment of this Act, as indicated by the Producer Price 
     Index for the Bureau of Labor Statistics; and
       (C) $1,441,400,000 shall be increased or decreased, as 
     appropriate, by such amounts as may be justified by reason of 
     ordinary fluctuations in costs occurring after the date of 
     enactment of this Act, as indicated by the Bureau of 
     Reclamation Construction Costs Index-Composite Trend.
       (2) Requirements for adjustment process.--The adjustment 
     process under this subsection shall--
       (A) take into account any agreement reached by the 
     Secretary and the Tribes under paragraph (4); and
       (B) be repeated for each subsequent amount appropriated for 
     deposit in the Trust Fund until the amount authorized to be 
     appropriated, as so adjusted, has been appropriated.
       (3) Period of indexing.--The period of indexing adjustment 
     under this subsection for any increment of funding shall end 
     on the date on which funds are deposited in the Trust Fund.
       (4) Agreement.--Based on the activities likely to be 
     conducted using amounts deposited in the Trust Fund, the 
     Secretary and the Tribes may agree on which provisions of 
     paragraph (1) shall govern the fluctuation in costs to be 
     used in calculating the amount authorized to be appropriated 
     under subsection (a)(1).
       (c) Limitation on Use of Reclamation Water Settlements 
     Fund.--Notwithstanding any other provision of law--
       (1) no amounts in the Reclamation Water Settlements Fund 
     established by section 10501(a) of the Omnibus Public Land 
     Management Act of 2009 (43 U.S.C. 407(a)) may be used by the 
     Tribes or the Secretary to carry out any provision of this 
     Act until the date that is 10 years after the date of 
     enactment of this Act; and
       (2) effective beginning on the date that is 10 years after 
     that date of enactment, the total amount used by the Tribes 
     and the Secretary to carry out this Act from the Reclamation 
     Water Settlements Fund shall not exceed an amount equal to 50 
     percent of the total amount in the Fund on that date.

     SEC. 10. WAIVERS AND RELEASES OF CLAIMS.

       (a) Waivers and Releases.--
       (1) Claims by tribes and united states as trustee for 
     tribes.--Subject to the reservation of rights and retention 
     of claims under subsection (c), as consideration for 
     recognition of the Tribal Water Right and other benefits 
     described in the Compact and this Act, the Tribes, acting on 
     behalf of the Tribes and members of the Tribes (but not any 
     member of the Tribes as an allottee), and the United States, 
     acting as trustee for the Tribes and the members of the 
     Tribes (but not any member of the Tribes as an allottee), 
     shall execute a waiver and release with prejudice of all 
     claims for water rights within the State that the Tribes, or 
     the United States acting as trustee for the Tribes, asserted 
     or could have asserted in any proceeding, including a State 
     stream adjudication, on or before the enforceability date, 
     except to the extent that such a right is recognized in the 
     Compact and this Act.
       (2) Claims by united states as trustee for allottees.--
     Subject to the reservation of rights and the retention of 
     claims under subsection (c), as consideration for recognition 
     of the Tribal Water Right and other benefits described in the 
     Compact and this Act, the United States, acting as trustee 
     for allottees, shall execute a waiver and release with 
     prejudice of all claims for water rights within the 
     Reservation that the United States, acting as trustee for 
     allottees, asserted or could have asserted in any proceeding, 
     including a State stream adjudication, on or before the 
     enforceability date, except to the extent that such a right 
     is recognized in the Compact and this Act.
       (3) Claims by tribes against united states.--Subject to the 
     reservation of rights and retention of claims under 
     subsection (c), the Tribes, acting on behalf of the Tribes 
     and members of the Tribes (but not any member of the Tribes 
     as an allottee), shall execute a waiver and release with 
     prejudice of all claims against the United States (including 
     any agency or employee of the United States) first arising 
     before the enforceability date--
       (A) relating to--
       (i) water rights within the State that the United States, 
     acting as trustee for the Tribes, asserted or could have 
     asserted in any proceeding, including the general stream 
     adjudication in the State, except to the extent that such 
     rights are recognized as part of the Tribal Water Right under 
     this Act;
       (ii) foregone benefits from nontribal use of water, on and 
     off the Reservation (including water from all sources and for 
     all uses);
       (iii) damage, loss, or injury to water, water rights, land, 
     or natural resources due to loss of water or water rights 
     (including damages, losses, or injuries to hunting, fishing, 
     gathering, or cultural rights due to loss of water or water 
     rights, claims relating to interference with, diversion, or 
     taking of water, or claims relating to a failure to protect, 
     acquire, replace, or develop water, water rights, or water 
     infrastructure) within the State;
       (iv) a failure to establish or provide a municipal, rural, 
     or industrial water delivery system on the Reservation;

[[Page H7806]]

       (v) damage, loss, or injury to water, water rights, land, 
     or natural resources due to construction, operation, and 
     management of the Flathead Indian irrigation project and 
     other Federal land and facilities (including damages, losses, 
     or injuries to Tribal fisheries, fish habitat, wildlife, and 
     wildlife habitat);
       (vi) damage, loss, or injury from failure to protect 
     natural resources and land against noxious weeds impacts;
       (vii) inadequate compensation for minerals extracted;
       (viii) inadequate compensation for land and interests in 
     land used for Bureau of Indian Affairs roads and wildlife 
     refuges;
       (ix) a failure to provide--

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

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

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

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

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

       (ii) in any future settlement of water rights of the Tribes 
     or an allottee.

     SEC. 11. SATISFACTION OF CLAIMS.

       (a) Tribal Claims.--The benefits realized by the Tribes 
     under this Act shall be in complete replacement of, complete 
     substitution for, and full satisfaction of all claims of the 
     Tribes against the United States waived and released pursuant 
     to paragraphs (1) and (3) of section 10(a).
       (b) Allottee Claims.--The benefits realized by allottees 
     under this Act shall be in complete replacement of, complete 
     substitution for, and full satisfaction of--
       (1) all claims waived and released pursuant to section 
     10(a)(2); and
       (2) any claims of an allottee against the United States 
     that an allottee asserted or could have asserted that are 
     similar in nature to a claim described in section 10(a)(2).

     SEC. 12. NATIONAL BISON RANGE RESTORATION.

       (a) Findings; Purposes.--
       (1) Findings.--Congress finds that--
       (A) the Reservation was set aside for the Tribes in 1855 
     under the treaty between the United States and the Tribes 
     concluded at Hell Gate on July 16, 1855 (12 Stat. 975);
       (B) the National Bison Range was established as a 
     conservation measure in 1908, a time when the bison were at 
     grave risk of extinction;
       (C) the National Bison Range is located in the middle of 
     the Reservation on land that was acquired by the United 
     States in what was later held, in the civil action entitled 
     ``Confederated Salish and Kootenai Tribes of the Flathead 
     Indian Reservation, Montana v. United States'' (437 F.2d 458 
     (Ct.Cl. 1971)), to be a taking under the Fifth Amendment to 
     the Constitution of the United States;
       (D) the Tribes never consented to the removal of the land 
     described in subparagraph (C) from Tribal ownership;
       (E) since time immemorial until the establishment of the 
     National Bison Range, the Tribes had used the land described 
     in subparagraph (C) for--

[[Page H7807]]

       (i) hunting, fishing, and gathering; and
       (ii) cultural and many other purposes;
       (F)(i) in the 1870s, when slaughter resulted in the risk of 
     bison extinction, a Pend d'Oreille man named Little Falcon 
     Robe received approval from leaders of the Tribes to bring 
     orphaned bison calves across the Continental Divide to the 
     Reservation for purposes of starting a herd for subsistence 
     and conservation purposes;
       (ii) starting with just a few bison calves, the animals 
     grew into a large herd under the stewardship of members of 
     the Tribes, who later included Michel Pablo and Charles 
     Allard; and
       (iii) the Reservation was the home of that free-ranging 
     herd of bison for decades before the establishment of the 
     National Bison Range;
       (G) when the Reservation was opened for homesteading, a 
     free-ranging bison herd was no longer feasible, resulting in 
     Michel Pablo selling the herd to off-Reservation interests;
       (H) many of the bison, or their descendants, from the 
     Tribal member-managed herd were repurchased and brought back 
     to the Reservation to form the original herd for the National 
     Bison Range;
       (I) the bison herd at the National Bison Range descends 
     largely from a herd started and managed as described in 
     subparagraph (F);
       (J) the Tribes--
       (i) have played a substantive role as conservation leaders, 
     often in partnership with the National Bison Range;
       (ii) have demonstrated a long-term commitment to 
     responsible management of the land and resources surrounding 
     the National Bison Range; and
       (iii) desire to carry out the purposes for which the 
     National Bison Range was established;
       (K) the Tribes have extensive experience in wildlife and 
     natural resources management, including--
       (i) the establishment and management of the 91,000-acre 
     Mission Mountains Tribal Wilderness, the first tribally 
     designated wilderness area in the United States;
       (ii) special management districts for large animals, such 
     as the Little Money Bighorn Sheep Management Area and the 
     Ferry Basin Elk Management Area; and
       (iii) the restoration and management of bighorn sheep 
     populations, peregrine falcons, and trumpeter swans on the 
     Reservation;
       (L) the Tribes have an extensive history of successful 
     partnerships with Federal agencies with respect to issues 
     such as--
       (i) threatened and endangered species management;
       (ii) migratory waterfowl management; and
       (iii) wetland habitat management;
       (M)(i) the Tribes have entered into prior management-
     related agreements relating to the National Bison Range under 
     title IV of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 5361 et seq.); and
       (ii) the Tribes and the United States desire to build on 
     past and current partnerships, as well as honor and advance 
     the Federal and Tribal objectives of increasing Tribal 
     autonomy and Tribal governmental capacity;
       (N) since the establishment of the National Bison Range, 
     additional herds of bison have been established on other 
     national wildlife refuges and national parks;
       (O) the facts and history regarding the Federal Government, 
     the Tribes, the bison, and land on the Reservation acquired 
     for the National Bison Range are exceptional circumstances 
     that warrant action by Congress; and
       (P) the United States should hold title in and to the land 
     comprising the National Bison Range, with beneficial title of 
     the land being restored to the Tribes for--
       (i) continued bison conservation;
       (ii) other wildlife and natural resource management 
     purposes; and
       (iii) other nonconflicting purposes of the Tribes.
       (2) Purposes.--The purposes of this section are--
       (A) to acknowledge the history, culture, and ecological 
     stewardship of the Tribes with respect to the land on the 
     Reservation acquired for the National Bison Range, bison, and 
     other natural resources;
       (B) to ensure that the land, bison, and other resources 
     referred to in subparagraph (A) continue to be protected and 
     enhanced;
       (C) to continue public access and educational 
     opportunities; and
       (D) to ensure a smooth transition for land, bison, and 
     other natural resources as the land is restored to Federal 
     trust ownership for the benefit of the Tribes.
       (b) Definition of National Bison Range.--In this section, 
     the term ``National Bison Range'' means all land within the 
     Reservation that was reserved for the national bison range 
     under the matter under the heading ``National bison range'' 
     under the heading ``Miscellaneous'' under the heading 
     ``Department of Agriculture'' in the Act of May 23, 1908 (16 
     U.S.C. 671) (as in effect on the day before the date of 
     enactment of this Act).
       (c) Restoration of Land.--
       (1) In general.--Notwithstanding any other provision of 
     law, for the purposes of conserving bison, wildlife, and 
     natural resources, and of safeguarding the interests of the 
     Tribes in those resources and the traditional, cultural, and 
     other interests of the Tribes, all land comprising the 
     National Bison Range (including all natural resources, 
     interests, and appurtenances of that land) shall be held in 
     trust by the United States for the benefit of the Tribes.
       (2) Administration.--The land restored by paragraph (1) 
     shall be--
       (A) a part of the Reservation;
       (B) administered under the laws (including regulations) 
     applicable to Indian trust land; and
       (C) managed by the Tribes, in accordance with paragraph 
     (3), solely for the care and maintenance of bison, wildlife, 
     and other natural resources, including designation or naming 
     of the restored land.
       (3) Tribal management.--In managing the land restored by 
     paragraph (1), the Tribes shall--
       (A) provide public access and educational opportunities; 
     and
       (B) at all times, have a publicly available management plan 
     for the land, bison, and natural resources, which shall 
     include actions to address management and control of invasive 
     weeds.
       (d) Conveyance of Buildings and Other Structures.--
       (1) In general.--The United States shall convey to the 
     Tribes, to own in fee, all ownership interests of the United 
     States in all buildings, structures, improvements, and 
     appurtenances located on the land restored by subsection 
     (c)(1).
       (2) Personal property.--The United States may convey to the 
     Tribes any personal property owned by the United States and 
     found on, or otherwise associated with, the land restored by 
     subsection (c)(1).
       (e) Relinquishment of Rights to Bison.--The United States 
     relinquishes to the Tribes all interests of United States in 
     the bison on the land restored by subsection (c)(1).
       (f) Transition.--
       (1) In general.--Notwithstanding any other provision of 
     law, during the 2-year period beginning on the date of 
     enactment of this Act, the Secretary shall cooperate with the 
     Tribes in transition activities regarding the management of 
     land, bison, and other resources conveyed by this Act, 
     including by providing to the Tribes, as determined to be 
     appropriate by the Secretary, funds, personal property, 
     equipment, or other resources for the performance of, or 
     assistance with, the types of activities carried out by the 
     Secretary at the National Bison Range as of the date of 
     enactment of this Act.
       (2) Effect.--Consistent with subsections (c), (d), and (e), 
     nothing in this section authorizes the Director of the United 
     States Fish and Wildlife Service to retain ownership or 
     control of any real or personal property conveyed by this 
     section, except as the Tribes may agree to in writing.
       (g) Repeal.--The matter under the heading ``National bison 
     range'' under the heading ``Miscellaneous'' under the heading 
     ``Department of Agriculture'' in the Act of May 23, 1908 (16 
     U.S.C. 671), is repealed.
       (h) Liability.--The Tribes shall not be liable for any 
     land, soil, surface water, groundwater, or other 
     contamination, injury, or damage resulting from the storage, 
     disposal, release, or presence of any hazardous substance (as 
     defined in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601)) on any portion of the land restored by this section on 
     or before the date of the conveyance, unless the Tribes would 
     otherwise have been responsible for the storage, disposal, 
     release, or presence.
       (i) Claims Against United States.--No claim may be brought 
     pursuant to chapter 7 of title 5, United States Code, or 
     section 1491 or 1505 of title 28, United States Code, against 
     the United States, or any agency, officer, or employee of the 
     United States, concerning the preconveyance or postconveyance 
     management of the land and other property conveyed by this 
     section.
       (j) Effect.--Nothing in this section relieves the United 
     States of any obligation under section 120(h)(3) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9620(h)(3)).
       (k) No Precedent.--The provisions of this section--
       (1) are uniquely suited to address the distinct 
     circumstances, facts, history, and relationships involved 
     with the bison, land, and Tribes; and
       (2) are not intended, and shall not be interpreted, to 
     establish a precedent for any other situation regarding 
     Federal land, property, or facilities.
       (l) Indian Gaming Regulatory Act.--The land restored by 
     this section shall not be eligible or used for any gaming 
     activity carried out under the Indian Gaming Regulatory Act 
     (25 U.S.C. 2701 et seq.).

     SEC. 13. MISCELLANEOUS PROVISIONS.

       (a) Amendments.--
       (1) Act of april 23, 1904.--Section 9 of the Act of April 
     23, 1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter 
     216), is amended by striking the seventh undesignated 
     paragraph.
       (2) Act of may 25, 1948.--Section 2 of the Act of May 25, 
     1948 (62 Stat. 269, chapter 340), is amended--
       (A) in subsection (h), by striking paragraph (6) and 
     inserting the following:
       ``(6) To enhance fisheries habitat or to improve water 
     conservation management of the project.''; and
       (B) by adding at the end the following:
       ``(k) Mission Valley Division.--
       ``(1) In general.--The Secretary of the Interior (referred 
     to in this section as the `Secretary'), or the Confederated 
     Salish and Kootenai Tribes of the Flathead Reservation of 
     Montana acting on behalf of the Secretary, as the entity with 
     the legal authority and responsibility to operate the Mission 
     Valley division of the project (referred to in this 
     subsection as the `project operator'), may allocate revenues 
     derived from the Mission Valley division in accordance with 
     paragraph (2) for the purposes described in subsection 
     (h)(6).
       ``(2) Allocation.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the revenues described in paragraph (1) shall be allocated by 
     providing--
       ``(i) $100,000 to the Tribes; and
       ``(ii) $100,000 to the project operator.
       ``(B) Negotiation.--Effective beginning on October 1 of the 
     tenth calendar year beginning

[[Page H7808]]

     after the date of enactment of the Montana Water Rights 
     Protection Act, the Confederated Salish and Kootenai Tribes 
     of the Flathead Reservation of Montana, the State of Montana, 
     and the Secretary may negotiate for an appropriate allocation 
     that differs from the allocation described in subparagraph 
     (A).
       ``(C) Carryover.--If the project operator does not use the 
     full allocation of the project operator under this paragraph 
     for a fiscal year, an amount equal to the difference between 
     the full allocation and the amount used by the project 
     operator shall be set aside and accumulated for expenditure 
     during subsequent fiscal years for the purposes described in 
     subsection (h)(6).''.
       (3) Indian self-determination and education assistance 
     act.--Section 403(b)(4) of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
       (A) in subparagraph (A), by adding ``and'' at the end;
       (B) in subparagraph (B), by striking ``and'' at the end; 
     and
       (C) by striking subparagraph (C).
       (b) Liens.--Any lien established by the Act of April 23, 
     1904 (33 Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), 
     is extinguished and released.
       (c) Waiver of Sovereign Immunity.--Except as provided in 
     subsections (a) through (c) of section 208 of the Department 
     of Justice Appropriation Act, 1953 (43 U.S.C. 666), nothing 
     in this Act waives the sovereign immunity of the United 
     States.
       (d) Other Tribes Not Adversely Affected.--Nothing in this 
     Act quantifies or diminishes any land or water right, or any 
     claim or entitlement to land or water, of any Indian tribe 
     other than the Tribes.
       (e) Limitation on Claims for Reimbursement.--With respect 
     to Indian land located within the Reservation--
       (1) the United States shall not submit against any Indian-
     owned land within the Reservation any claim for reimbursement 
     of the cost to the United States of carrying out this Act or 
     the Compact; and
       (2) no assessment of any Indian-owned land located within 
     the Reservation shall be made regarding that cost.
       (f) Limitation on Liability of United States.--
       (1) In general.--The United States has no obligation--
       (A) to monitor, administer, or account for, in any manner, 
     any funds provided to the Tribes by the State; or
       (B) to review or approve any expenditure of the funds 
     described in subparagraph (A).
       (2) Indemnity.--The Tribes shall indemnify the United 
     States, and hold the United States harmless, with respect to 
     all claims (including claims for takings or breach of trust) 
     arising from the receipt or expenditure of amounts to carry 
     out this Act (other than claims arising out of activities 
     carried out by the Tribes with funds transferred in 
     accordance with section 7(d)).
       (g) Antideficiency.--The United States shall not be liable 
     for any failure to carry out any obligation or activity 
     authorized by this Act (including any obligation or activity 
     under the Compact) if--
       (1) adequate appropriations are not provided expressly by 
     Congress to carry out this Act; or
       (2) subject to section 9(c), insufficient funds are 
     available to carry out this Act in the Reclamation Water 
     Settlements Fund established by section 10501(a) of the 
     Omnibus Public Land Management Act of 2009 (43 U.S.C. 
     407(a)).
       (h) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to any activity 
     or function carried out by the Secretary under this Act.
       (i) Cooperative Operation and Maintenance of Flathead 
     Indian Irrigation Project.--
       (1) Agreement with secretary.--On receipt of a joint 
     request from the Tribes and 1 or more irrigation districts 
     within the Flathead Indian irrigation project, the Secretary 
     shall enter into an agreement with the Tribes and the 
     irrigation districts for the cooperative operation and 
     maintenance of the Flathead Indian irrigation project, or any 
     portion of the Flathead Indian irrigation project, under such 
     form of organization and under such conditions as may be 
     acceptable to the Secretary.
       (2) Establishment of organization.--
       (A) In general.--In lieu of entering into an agreement 
     under paragraph (1), the Tribes and 1 or more irrigation 
     districts within the Flathead Indian irrigation project may 
     jointly establish an organization for the purpose of entering 
     into an agreement for the operation and maintenance of the 
     Flathead Indian irrigation project under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5301 et 
     seq.).
       (B) Contract support costs.--Any contract support costs 
     pursuant to section 106(a) of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 5325(a)) for an 
     organization established pursuant to subparagraph (A) shall 
     be limited to funds available from annual assessment under 
     part 171 of title 25, Code of Federal Regulations (or 
     successor regulations).
       (C) Treatment.--An organization established pursuant to 
     subparagraph (A) shall be considered to be a tribal 
     organization (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304)) 
     for purposes of that Act.
       (D) Annual o&m assessments.--Nothing in this subsection 
     limits the ability of an organization established pursuant to 
     subparagraph (A) to include the costs of administering the 
     Flathead Indian irrigation project when establishing annual 
     assessment rates in accordance with part 171 of title 25, 
     Code of Federal Regulations (or successor regulations).
       (j) Exchanges of Land.--
       (1) Definitions.--In this subsection:
       (A) Public land.--The term ``public land'' means--
       (i) public lands (as defined in section 103 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1702)); and
       (ii) land managed by the Secretary of Agriculture under the 
     jurisdiction of the Forest Service.
       (B) Secretary concerned.--The term ``Secretary concerned'' 
     means, as applicable--
       (i) the Secretary, with respect to the public land 
     described in subparagraph (A)(i); or
       (ii) the Secretary of Agriculture, with respect to the 
     public land described in subparagraph (A)(ii).
       (2) State trust land.--
       (A) In general.--The Secretary concerned shall offer to 
     negotiate with the State for the purpose of exchanging public 
     land within the State for State trust land located within the 
     Reservation with a total value substantially equal to the 
     value of the surface estate of the approximately 36,808 acres 
     of State trust land obtained by the State pursuant to--
       (i) the Act of February 22, 1889 (commonly known as the 
     ``Montana Enabling Act'') (25 Stat. 676, chapter 180), and 
     the Act of April 23, 1904 (33 Stat. 302, chapter 1495; 35 
     Stat. 449, chapter 216); or
       (ii) the Act of February 25, 1920 (41 Stat. 452).
       (B) Procedures.--An exchange described in subparagraph (A) 
     shall be conducted in accordance with section 206 of the 
     Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1716).
       (C) Valuation.--In determining the fair market value of 
     land for purposes of subparagraph (A), the parties to the 
     exchange shall give due consideration to the value of any 
     improvements on the land.
       (D) Financial impact.--The Secretary concerned shall ensure 
     that land exchanged pursuant to this paragraph is selected in 
     a manner that minimizes the financial impact on local 
     governments, if any.
       (E) Assistance.--The Secretary concerned shall provide such 
     financial or other assistance to the State and the Tribes as 
     may be necessary to obtain the appraisals, and to satisfy 
     administrative requirements, necessary to accomplish the 
     exchanges under subparagraph (A).
       (F) Title.--On approving an exchange under this paragraph, 
     the Secretary concerned shall--
       (i) receive title in and to the State trust land involved 
     in the exchange, on behalf of the United States; and
       (ii) transfer title in and to the public land disposed of 
     in the exchanges with the State by such means of conveyance 
     as the Secretary concerned considers to be appropriate.
       (G) Trust.--Title to the State trust land acquired pursuant 
     to an exchange under this paragraph shall be--
       (i) vested in the United States in trust for the sole use 
     and benefit of the Tribes; and
       (ii) recognized as part of the Reservation.
       (3) Requirements.--
       (A) In general.--In carrying out paragraph (2), the 
     Secretary concerned shall, during the 5-year period beginning 
     on the date of enactment of this Act, give priority to an 
     exchange of public land within the State for State trust land 
     owned by the State.
       (B) Total value.--The total value of the land exchanged and 
     acquired for the Tribes pursuant to this subsection shall not 
     exceed the value of the surface estate of the 36,808 acres 
     described in paragraph (2)(A).
       (C) Private exchanges.--
       (i) In general.--Subject to subparagraph (B), if, for any 
     reason, after the expiration of the period described in 
     subparagraph (A), the exchanges under paragraph (2) have not 
     provided to the Tribes a total of 36,808 acres of surface 
     land within the boundaries of the Reservation, the Secretary 
     concerned shall, at the request of, and in cooperation with, 
     the Tribes, develop and implement a program to provide to the 
     Tribes additional land within the Reservation through land 
     exchanges with private landowners.
       (ii) Requirement.--In carrying out this subparagraph, the 
     Secretary concerned may exchange public land within the State 
     for private land of substantially equal value within the 
     boundaries of the Reservation, in accordance with section 206 
     of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1716).
       (D) Valuation.--In determining the fair market value of 
     land under subparagraph (C), the parties to an exchange made 
     pursuant to that subparagraph shall give due consideration to 
     the value of improvements on the land.
       (E) Title.--If the Secretary concerned obtains private land 
     pursuant to subparagraph (C), the Secretary concerned shall 
     transfer title to the land to the Tribes.
       (F) Trust.--Title to any private land or public land 
     transferred to the Tribes pursuant to this paragraph shall--
       (i) be vested in the United States in trust for the sole 
     use and benefit of the Tribes; and
       (ii) be recognized as part of the Reservation, if the land 
     is located within the boundaries of the Reservation.
       (G) Tribal assistance.--The Tribes shall assist in 
     obtaining prospective willing parties to exchange private 
     land within the Reservation for public land within the State 
     under this paragraph.
       (4) Protection of grazing rights.--State trust land that is 
     not adjacent to Tribal land shall not be eligible to be 
     exchanged under this subsection.
       (k) Review of Decisions.--A court of competent jurisdiction 
     shall review the decisions of the Flathead Reservation Water 
     Management Board and the Montana Department of Fish, 
     Wildlife, and Parks in accordance with--
       (1) the Compact;
       (2) the Law of Administration; and
       (3) this Act.
       (l) Payments to Certain Counties.--
       (1) Payments.--
       (A) By secretary.--Subject to paragraph (2), to reduce the 
     financial impact on the counties in

[[Page H7809]]

     which the land restored by section 12 is located, the 
     Secretary shall make payments to Lake County and Sanders 
     County in the State, out of amounts in the fund established 
     under section 401(a) of the Act of June 15, 1935 (16 U.S.C. 
     715s(a)).
       (B) By tribes.--To ensure that culverts, bridges, and roads 
     that intersect with, or are otherwise located within, the 
     supply and distribution network of the Flathead Indian 
     irrigation project comply with Federal environmental 
     requirements, to ensure public safety, and to enhance Tribal 
     fisheries on the Reservation, the Tribes shall allocate from 
     the Trust Fund amounts withdrawn for the purposes described 
     in section 8(h)(13), under an agreement approved by the 
     Secretary--
       (i) $5,000,000 to Lake County in the State; and
       (ii) $5,000,000 to Sanders County in the State.
       (2) Amount of payments.--The amount of the payments under 
     paragraph (1)(A) shall be equal to the amount each county 
     would have received if this Act had not been enacted.
       (3) Treatment of land for purposes of calculating 
     payments.--For the limited purposes of calculating payments 
     to Lake County and Sanders County under this subsection and 
     section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the 
     land restored by section 13 shall be treated as a fee area 
     (as defined in section 401(g) of the Act of June 15, 1935 (16 
     U.S.C. 715s(g))).
       (m) Effect on Current Law.--Nothing in this Act authorizes 
     preenforcement judicial review of any Federal environmental 
     enforcement action.
       (n) No Precedent.--The provisions of this Act--
       (1) are uniquely suited to address the distinct 
     circumstances, facts, history, and relationships involved; 
     and
       (2) are not intended, and shall not be interpreted, to 
     establish precedent for any other situation.

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

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

           TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

             Subtitle A--Certain Provisions Made Permanent

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

          Subtitle B--Certain Provisions Extended Through 2025

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

           Subtitle C--Extension of Certain Other Provisions

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

                       TITLE II--OTHER PROVISIONS

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

                     TITLE III--DISASTER TAX RELIEF

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

           TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

             Subtitle A--Certain Provisions Made Permanent

     SEC. 101. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.

       (a) In General.--Section 213 is amended--
       (1) by striking ``10 percent'' in subsection (a) and 
     inserting ``7.5 percent'', and
       (2) by striking subsection (f).
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 102. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.

       (a) Deduction Made Permanent.--Section 179D is amended by 
     striking subsection (h).
       (b) Inflation Adjustment.--Section 179D, as amended by 
     subsection (a), is amended by redesignating subsection (g) as 
     subsection (h) and by inserting after subsection (f) the 
     following new subsection:
       ``(g) Inflation Adjustment.--In the case of a taxable year 
     beginning after 2020, each dollar amount in subsection (b) or 
     subsection (d)(1)(A) shall be increased by an amount equal 
     to--
       ``(1) such dollar amount, multiplied by
       ``(2) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2019' 
     for `calendar year 2016' in subparagraph (A)(ii) thereof.
     Any increase determined under the preceding sentence which is 
     not a multiple of 1 cent shall be rounded to the nearest 
     cent.''.
       (c) Update of Standards.--
       (1) ASHRAE standards.--Section 179D(c) is amended--
       (A) in paragraphs (1)(B)(ii) and (1)(D), by striking 
     ``Standard 90.1-2007'' and inserting ``Reference Standard 
     90.1'', and
       (B) by amending paragraph (2) to read as follows:
       ``(2) Reference standard 90.1.--The term `Reference 
     Standard 90.1' means, with respect to any property, the most 
     recent Standard 90.1 published by the American Society of 
     Heating, Refrigerating, and Air Conditioning Engineers and 
     the Illuminating Engineering Society of North America which 
     has been affirmed by the Secretary, after consultation with 
     the Secretary of Energy, for purposes of this section not 
     later than the date that is 2 years before the date that 
     construction of such property begins.''.
       (2) California nonresidential alternative calculation 
     method approval manual.--Section 179D(d)(2) is amended by 
     striking ``, based on the provisions of the 2005 California 
     Nonresidential Alternative Calculation Method Approval 
     Manual'' and inserting ``with respect to any property, based 
     on the provisions of the most recent California 
     Nonresidential Alternative Calculation Method Approval Manual 
     which has been affirmed by the Secretary, after consultation 
     with the Secretary of Energy, for purposes of this section 
     not later than the date that is 2 years before the date that 
     construction of such property begins''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

[[Page H7810]]

  


     SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND 
                   EMERGENCY MEDICAL RESPONDERS.

       (a) In General.--Section 139B is amended by striking 
     subsection (d).
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 104. TRANSITION FROM DEDUCTION FOR QUALIFIED TUITION AND 
                   RELATED EXPENSES TO INCREASED INCOME LIMITATION 
                   ON LIFETIME LEARNING CREDIT.

       (a) Increased Income Limitations for Phaseout of Lifetime 
     Learning Credit.--
       (1) In general.--Section 25A(d) is amended by striking 
     paragraphs (1) and (2), by redesignating paragraph (3) as 
     paragraph (2), and by inserting before paragraph (2) (as so 
     redesignated) the following new paragraph:
       ``(1) In general.--The American Opportunity Tax Credit and 
     the Lifetime Learning Credit shall each (determined without 
     regard to this paragraph) be reduced (but not below zero) by 
     the amount which bears the same ratio to each such credit (as 
     so determined) as--
       ``(A) the excess of--
       ``(i) the taxpayer's modified adjusted gross income for 
     such taxable year, over
       ``(ii) $80,000 ( $160,000 in the case of a joint return), 
     bears to
       ``(B) $10,000 ( $20,000 in the case of a joint return).''.
       (2) Conforming amendment.--Section 25A is amended by 
     striking subsection (h).
       (b) Repeal of Deduction for Qualified Tuition and Related 
     Expenses.--
       (1) In general.--Part VII of subchapter B of chapter 1 is 
     amended by striking section 222 (and by striking the item 
     relating to such section in the table of sections for such 
     part).
       (2) Conforming amendments.--
       (A) Section 62(a) is amended by striking paragraph (18).
       (B) Section 74(d)(2)(B) is amended by striking ``222,''.
       (C) Section 86(b)(2)(A) is amended by striking ``222,''.
       (D) Section 135(c)(4)(A) is amended by striking ``222,''.
       (E) Section 137(b)(3)(A) is amended by striking ``222,''.
       (F) Section 219(g)(3)(A)(ii) is amended by striking 
     ``222,''.
       (G) Section 221(b)(2)(C)(i) is amended by striking 
     ``222,''.
       (H) Section 469(i)(3)(E)(iii) is amended by striking 
     ``222,''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 105. RAILROAD TRACK MAINTENANCE CREDIT.

       (a) Made Permanent.--Section 45G is amended by striking 
     subsection (f).
       (b) Modification of Credit Rate.--Section 45G(a) is amended 
     by striking ``50 percent'' and inserting ``40 percent (50 
     percent in the case of any taxable year beginning before 
     January 1, 2023)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 106. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND 
                   DISTILLED SPIRITS.

       (a) Production Period for Beer, Wine, and Distilled 
     Spirits.--
       (1) In general.--Section 263A(f)(4) is amended to read as 
     follows:
       ``(4) Exemption for aging process of beer, wine, and 
     distilled spirits.--For purposes of this subsection, the 
     production period shall not include the aging period for--
       ``(A) beer (as defined in section 5052(a)),
       ``(B) wine (as described in section 5041(a)), or
       ``(C) distilled spirits (as defined in section 5002(a)(8)), 
     except such spirits that are unfit for use for beverage 
     purposes.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to interest costs paid or accrued after December 
     31, 2020.
       (b) Reduced Rate of Excise Tax on Beer.--
       (1) In general.--Section 5051(a)(1) is amended to read as 
     follows:
       ``(1) In general.--
       ``(A) Imposition of tax.--A tax is hereby imposed on all 
     beer brewed or produced, and removed for consumption or sale, 
     within the United States, or imported into the United States. 
     Except as provided in paragraph (2), the rate of such tax 
     shall be--
       ``(i) $16 on the first 6,000,000 barrels of beer--

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

       ``(ii) $18 on any barrels of beer to which clause (i) does 
     not apply.
       ``(B) Barrel.--For purposes of this section, a barrel shall 
     contain not more than 31 gallons of beer, and any tax imposed 
     under this section shall be applied at a like rate for any 
     other quantity or for fractional parts of a barrel.''.
       (2) Reduced rate for certain domestic production.--Section 
     5051(a)(2)(A) is amended--
       (A) in the heading, by inserting `` $3.50 a barrel'' before 
     ``rate'', and
       (B) by striking `` $7'' and all that follows through 
     ``January 1, 2021)'' and inserting `` $3.50''.
       (3) Application of reduced tax rate for foreign 
     manufacturers and importers.--Section 5051(a) is amended--
       (A) in paragraph (1)(A)(i)(II), as amended by paragraph (1) 
     of this subsection, by inserting ``but only if the importer 
     is an electing importer under paragraph (4) and the barrels 
     have been assigned to the importer pursuant to such 
     paragraph'' after ``during the calendar year'', and
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``paragraph (1)(C)'' 
     and inserting ``paragraph (1)(A)'', and
       (ii) in subparagraph (B), by striking ``The Secretary'' and 
     inserting ``The Secretary, after consultation with the 
     Secretary of the Department of Homeland Security,''.
       (4) Controlled group and single taxpayer rules.--Section 
     5051(a)(5) is amended by striking ``paragraph (1)(C)(i)'' 
     each place it appears and inserting ``paragraph (1)(A)(i)''.
       (5) Effective date.--The amendments made by this subsection 
     shall apply to beer removed after December 31, 2020.
       (c) Transfer of Beer Between Bonded Facilities.--
       (1) In general.--Section 5414 is amended to read as 
     follows:

     ``SEC. 5414. TRANSFER OF BEER BETWEEN BONDED FACILITIES.

       ``(a) In General.--Beer may be removed from one brewery to 
     another brewery, without payment of tax, and may be mingled 
     with beer at the receiving brewery, subject to such 
     conditions, including payment of the tax, and in such 
     containers, as the Secretary by regulations shall prescribe, 
     which shall include--
       ``(1) any removal from one brewery to another brewery 
     belonging to the same brewer,
       ``(2) any removal from a brewery owned by one corporation 
     to a brewery owned by another corporation when--
       ``(A) one such corporation owns the controlling interest in 
     the other such corporation, or
       ``(B) the controlling interest in each such corporation is 
     owned by the same person or persons, and
       ``(3) any removal from one brewery to another brewery 
     when--
       ``(A) the proprietors of transferring and receiving 
     premises are independent of each other and neither has a 
     proprietary interest, directly or indirectly, in the business 
     of the other, and
       ``(B) the transferor has divested itself of all interest in 
     the beer so transferred and the transferee has accepted 
     responsibility for payment of the tax.
       ``(b) Transfer of Liability for Tax.--For purposes of 
     subsection (a)(3), such relief from liability shall be 
     effective from the time of removal from the transferor's 
     premises, or from the time of divestment of interest, 
     whichever is later.''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to any calendar quarters beginning after December 
     31, 2020.
       (d) Reduced Rate of Excise Tax on Certain Wine.--
       (1) In general.--Section 5041(c) is amended--
       (A) in the heading, by striking ``for Small Domestic 
     Producers'',
       (B) by amending paragraph (1) to read as follows:
       ``(1) Allowance of credit.--
       ``(A) In general.--There shall be allowed as a credit 
     against any tax imposed by this title (other than chapters 2, 
     21, and 22) an amount equal to the sum of--
       ``(i) $1 per wine gallon on the first 30,000 wine gallons 
     of wine, plus
       ``(ii) 90 cents per wine gallon on the first 100,000 wine 
     gallons of wine to which clause (i) does not apply, plus
       ``(iii) 53.5 cents per wine gallon on the first 620,000 
     wine gallons of wine to which clauses (i) and (ii) do not 
     apply,
     which are produced by the producer and removed during the 
     calendar year for consumption or sale, or which are imported 
     by the importer into the United States during the calendar 
     year.
       ``(B) Adjustment of credit for hard cider.--In the case of 
     wine described in subsection (b)(6), subparagraph (A) of this 
     paragraph shall be applied--
       ``(i) in clause (i) of such subparagraph, by substituting 
     `6.2 cents' for ` $1',
       ``(ii) in clause (ii) of such subparagraph, by substituting 
     `5.6 cents' for `90 cents', and
       ``(iii) in clause (iii) of such subparagraph, by 
     substituting `3.3 cents' for `53.5 cents'.'',
       (C) by striking paragraphs (2) and (8),
       (D) by redesignating paragraphs (3) through (6) as 
     paragraphs (2) through (5), respectively,
       (E) by redesignating paragraph (9) as paragraph (6), and
       (F) by amending paragraph (7) to read as follows:
       ``(7) Regulations.--The Secretary may prescribe such 
     regulations as may be necessary to carry out the purposes of 
     this subsection, including regulations to ensure proper 
     calculation of the credit provided in this subsection.''.
       (2) Allowance of credit for foreign manufacturers and 
     importers.--Section 5041(c), as amended by paragraph (1), is 
     amended--
       (A) in paragraph (1)(A), by inserting ``but only if the 
     importer is an electing importer under paragraph (6) and the 
     wine gallons of wine have been assigned to the importer 
     pursuant to such paragraph'' after ``into the United States 
     during the calendar year'', and
       (B) in paragraph (6)--
       (i) in subparagraph (A), by striking ``paragraph (8)'' and 
     inserting ``paragraph (1)'',
       (ii) in subparagraph (B), by striking ``The Secretary'' and 
     inserting ``The Secretary of the Treasury, after consultation 
     with the Secretary of the Department of Homeland Security,'', 
     and
       (iii) in subparagraph (C), by striking ``paragraph (4)'' 
     and inserting ``paragraph (3)''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to wine removed after December 31, 2020.
       (e) Adjustment of Alcohol Content Level for Application of 
     Excise Tax Rates.--
       (1) In general.--Paragraphs (1) and (2) of section 5041(b) 
     are each amended by striking ``14 percent'' and all that 
     follows through ``January 1, 2021'' and inserting ``16 
     percent''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to wine removed after December 31, 2020.

[[Page H7811]]

       (f) Definition of Mead and Low Alcohol by Volume Wine.--
       (1) In general.--Section 5041(h) is amended--
       (A) in paragraph (2), by striking ``the Secretary shall'' 
     each place it appears and inserting ``the Secretary may'', 
     and
       (B) by striking paragraph (3).
       (2) Effective date.--The amendments made by this subsection 
     shall apply to wine removed after December 31, 2020.
       (g) Reduced Rate of Excise Tax on Certain Distilled 
     Spirits.--
       (1) In general.--Section 5001(c) is amended--
       (A) in the heading, by striking ``Temporary Reduced Rate'' 
     and inserting ``Reduced Rate'',
       (B) in paragraph (3)(B), by striking ``The Secretary'' and 
     inserting ``The Secretary of the Treasury, after consultation 
     with the Secretary of the Department of Homeland Security,'', 
     and
       (C) by striking paragraph (4).
       (2) Effective date.--The amendments made by this subsection 
     shall apply to distilled spirits removed after December 31, 
     2020.
       (h) Bulk Distilled Spirits.--
       (1) In general.--Section 5212 is amended by striking ``and 
     before January 1, 2021,'' and inserting ``between bonded 
     premises belonging to the same person or members of the same 
     controlled group (within the meaning of section 
     5001(c)(2))''.
       (2) Non-bulk transfers related to bottling or storage.--
     Section 5212 is amended by adding at the end the following 
     new sentence: ``In the case of distilled spirits transferred 
     in bond from the person who distilled or processed such 
     distilled spirits (hereinafter referred to as `transferor') 
     to another person for bottling or storage of such distilled 
     spirits, and returned to the transferor for removal, this 
     section shall be applied without regard to whether distilled 
     spirits are bulk distilled spirits, but only if the 
     transferor retains title during the entire period between 
     such distillation, or processing, and removal.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to distilled spirits transferred in bond after 
     December 31, 2020.
       (i) Simplification of Rules Regarding Records, Statements, 
     and Returns.--
       (1) In general.--Section 5555(a) is amended by striking 
     ``For calendar quarters beginning after the date of the 
     enactment of this sentence, and before January 1, 2021, the 
     Secretary'' and inserting ``The Secretary''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to calendar quarters beginning after December 31, 
     2020.

     SEC. 107. REFUNDS IN LIEU OF REDUCED RATES FOR CERTAIN CRAFT 
                   BEVERAGES PRODUCED OUTSIDE THE UNITED STATES.

       (a) Distilled Spirits.--
       (1) In general.--Section 5001(c), as amended by the 
     preceding provisions of this Act, is amended by adding at the 
     end the following new paragraph:
       ``(4) Refunds in lieu of reduced rates for foreign 
     production removed after december 31, 2022.--
       ``(A) In general.--In the case of any proof gallons of 
     distilled spirits which have been produced outside the United 
     States and imported into the United States, if such proof 
     gallons of distilled spirits are removed after December 31, 
     2022--
       ``(i) paragraph (1) shall not apply, and
       ``(ii) the amount determined under subparagraph (B) shall 
     be allowed as a refund, determined for periods not less 
     frequently than quarterly, to the importer in the same manner 
     as if such amount were an overpayment of tax imposed by this 
     section.
       ``(B) Amount of refund.--The amount determined under this 
     subparagraph with respect to any importer for any period is 
     an amount equal to the sum of--
       ``(i) the excess (if any) of--

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

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

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

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

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

       ``(ii) the amount of interest which would be allowed and 
     paid on an overpayment of tax at the overpayment rate 
     established under section 6621(a)(1) (without regard to the 
     second sentence thereof) were such rate applied to the excess 
     (if any) determined under clause (i) for the number of days 
     in the filing period for which the refund under this 
     paragraph is being determined.
       ``(C) Application of rules related to elections and 
     assignments.--Subparagraph (A)(ii) shall apply only if the 
     importer is an electing importer under paragraph (6) and the 
     wine gallons of wine have been assigned to the importer 
     pursuant to such paragraph.
       ``(D) Rules for refunds within 90 days.--For purposes of 
     refunds allowed under this paragraph, section 6611(e) shall 
     be applied by substituting `90 days' for `45 days' each place 
     it appears.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to wine removed after December 31, 2022.
       (d) Information Reporting in Case of Assignment of Lower 
     Rates or Refunds by Foreign Producers of Beer, Wine, and 
     Distilled Spirits.--
       (1) In general.--Subpart A of part III of subchapter A of 
     chapter 61 is amended by inserting after section 6038D the 
     following new section:

     ``SEC. 6038E. INFORMATION WITH RESPECT TO ASSIGNMENT OF LOWER 
                   RATES OR REFUNDS BY FOREIGN PRODUCERS OF BEER, 
                   WINE, AND DISTILLED SPIRITS.

       ``Any foreign producer that elects to make an assignment 
     described in section 5001(c), 5041(c), or 5051(a) shall 
     provide such information, at such time and in such manner, as 
     the Secretary may prescribe in order to make such assignment, 
     including information about the controlled group structure of 
     such foreign producer.''.

[[Page H7812]]

       (2) Clerical amendment.--Table of sections for subpart A of 
     part III of subchapter A of chapter 61 is amended by 
     inserting after the item relating to section 6038D the 
     following new item:

``Sec. 6038E. Information with respect to assignment of lower rates or 
              refunds by foreign producers of beer, wine, and distilled 
              spirits.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to elections to make an assignment under section 
     5001(c), 5041(c), or 5051(a) of the Internal Revenue Code of 
     1986 after December 31, 2020.
       (e) Administration of Refunds.--The Secretary of the 
     Treasury (or the Secretary's delegate within the Department 
     of the Treasury) shall implement and administer sections 
     5001(c)(4), 5041(c)(7), and 5051(a)(6) of the Internal 
     Revenue Code of 1986, as added by this Act, in coordination 
     with the United States Customs and Border Protection of the 
     Department of Homeland Security.
       (f) Regulations.--The Secretary of the Treasury (or the 
     Secretary's delegate within the Department of the Treasury) 
     shall prescribe such regulations as may be necessary or 
     appropriate to carry out the purposes of this section, 
     including regulations to require foreign producers to provide 
     information necessary to enforce the volume limitations under 
     sections 5001(c), 5041(c), and 5051(a) of such Code.
       (g) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of the Treasury (or the 
     Secretary's delegate within the Department of the Treasury) 
     shall, in coordination with the United States Customs and 
     Border Protection of the Department of Homeland Security, 
     prepare, submit to Congress, and make publicly available a 
     report detailing the plans for implementing and administering 
     sections 5001(c)(4), 5041(c)(7), and 5051(a)(6) of such Code, 
     as added by this Act.

     SEC. 108. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY 
                   PRODUCED BEER, WINE, AND SPIRITS.

       (a) In General.--Subpart E of part I of subchapter A of 
     chapter 51 is amended by redesignating section 5067 as 
     section 5068 and by inserting after section 5066 the 
     following new section:

     ``SEC. 5067. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR 
                   ILLEGALLY PRODUCED BEER, WINE, OR SPIRITS.

       ``In the case of beer, wine, or distilled spirits that are 
     smuggled into the United States or produced other than as 
     authorized by this chapter--
       ``(1) the rates of tax under paragraphs (1)(A)(i) and (2) 
     of section 5051(a) shall not apply in the case of any such 
     beer,
       ``(2) the credit under section 5041(c) shall not apply in 
     the case of any such wine, and
       ``(3) the rates of tax under section 5001(c) shall not 
     apply in the case of any such distilled spirits.''.
       (b) Clerical Amendment.--The table of sections for subpart 
     E of part I of subchapter A of chapter 51 is amended by 
     striking the last item and inserting the following new items:

``Sec. 5067. Reduced rates not allowed for illegally produced beer, 
              wine, or spirits.
``Sec. 5068. Cross reference.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to beer, wine, or distilled spirits, as the case 
     may be, produced after the date of the enactment of this Act.

     SEC. 109. MINIMUM PROCESSING REQUIREMENTS FOR REDUCED 
                   DISTILLED SPIRITS RATES.

       (a) In General.--Section 5001(c), as amended by the 
     preceding provisions of this Act, is amended by adding at the 
     end the following:
       ``(5) Processed distilled spirits.--A distilled spirit 
     shall not be treated as processed for purposes of this 
     subsection unless a process described in section 
     5002(a)(5)(A) (other than bottling) is performed with respect 
     to such distilled spirit.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distilled spirits removed after December 31, 
     2021.

     SEC. 110. MODIFICATION OF SINGLE TAXPAYER RULES.

       (a) Beer.--Section 5051(a)(5)(C) is amended by striking 
     ``marketed under a similar brand, license'' and inserting 
     ``under a license''.
       (b) Wine.--For single taxpayer rules relating to wine, see 
     cross reference under section 5041(c)(3) of the Internal 
     Revenue Code of 1986, as redesignated by this Act.
       (c) Distilled Spirits.--
       (1) In general.--Section 5001(c)(2)(D) is amended by 
     striking ``marketed under a similar brand, license'' and 
     inserting ``under a license''.
       (2) Application to processors.--Section 5001(c)(2)(D) is 
     further amended by inserting ``or process'' after ``that 
     produce''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to beer, wine, and distilled spirits removed 
     after December 31, 2020.

          Subtitle B--Certain Provisions Extended Through 2025

     SEC. 111. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN 
                   CORPORATIONS.

       (a) In General.--Section 954(c)(6)(C) is amended by 
     striking ``January 1, 2021'' and inserting ``January 1, 
     2026''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years of foreign corporations 
     beginning after December 31, 2020, and to taxable years of 
     United States shareholders with or within which such taxable 
     years of foreign corporations end.

     SEC. 112. NEW MARKETS TAX CREDIT.

       (a) In General.--Section 45D(f)(1)(H) is amended by 
     striking ``2020'' and inserting ``for each of calendar years 
     2020 through 2025''.
       (b) Carryover of Unused Limitation.--Section 45D(f)(3) is 
     amended by striking ``2025'' and inserting ``2030''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after December 31, 
     2020.

     SEC. 113. WORK OPPORTUNITY CREDIT.

       (a) In General.--Section 51(c)(4) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2025''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after December 31, 2020.

     SEC. 114. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF 
                   QUALIFIED PRINCIPAL RESIDENCE INDEBTEDNESS.

       (a) In General.--Section 108(a)(1)(E) is amended by 
     striking ``January 1, 2021'' both places it appears and 
     inserting ``January 1, 2026''.
       (b) Modification of Maximum Acquisition Indebtedness Taken 
     Into Account.--Section 108(h)(2) is amended by striking `` 
     $2,000,000 ( $1,000,000'' and inserting `` $750,000 ( 
     $375,000''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to discharges of indebtedness after December 31, 
     2020.

     SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS 
                   ENTERTAINMENT COMPLEXES.

       (a) In General.--Section 168(i)(15)(D) is amended by 
     striking ``December 31, 2020'' and inserting ``December 31, 
     2025''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.

       (a) Extension.--Section 181(g) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2025''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to productions commencing after December 31, 
     2020.

     SEC. 117. OIL SPILL LIABILITY TRUST FUND RATE.

       (a) In General.--Section 4611(f)(2) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2025''.
       (b) Effective Date.--The amendment made by this section 
     shall apply on and after January 1, 2021.

     SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.

       (a) In General.--Section 1391(d)(1)(A)(i) is amended by 
     striking ``December 31, 2020'' and inserting ``December 31, 
     2025''.
       (b) Termination of Increase in Expensing Under Section 
     179.--Section 1397A is amended by adding at the end the 
     following new subsection:
       ``(c) Termination.--This section shall not apply to any 
     property placed in service in taxable years beginning after 
     December 31, 2020.''.
       (c) Termination of Nonrecognition of Gain on Rollover of 
     Empowerment Zone Investments.--Section 1397B is amended by 
     adding at the end the following new subsection:
       ``(c) Termination.--This section shall not apply to sales 
     in taxable years beginning after December 31, 2020.''.
       (d) Treatment of Certain Termination Dates Specified in 
     Nominations.--In the case of a designation of an empowerment 
     zone the nomination for which included a termination date 
     which is contemporaneous with the date specified in 
     subparagraph (A)(i) of section 1391(d)(1) of the Internal 
     Revenue Code of 1986 (as in effect before the enactment of 
     this Act), subparagraph (B) of such section shall not apply 
     with respect to such designation if, after the date of the 
     enactment of this section, the entity which made such 
     nomination amends the nomination to provide for a new 
     termination date in such manner as the Secretary of the 
     Treasury (or the Secretary's designee) may provide.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 119. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.

       (a) In General.--Section 45S(i) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2025''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to wages paid in taxable years beginning after 
     December 31, 2020.

     SEC. 120. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT 
                   LOANS.

       (a) In General.--Section 127(c)(1)(B) is amended by 
     striking ``January 1, 2021'' and inserting ``January 1, 
     2026''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to payments made after December 31, 2020.

     SEC. 121. EXTENSION OF CARBON OXIDE SEQUESTRATION CREDIT.

       Section 45Q(d)(1) is amended by striking ``January 1, 
     2024'' and inserting ``January 1, 2026''.

           Subtitle C--Extension of Certain Other Provisions

     SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN 
                   RENEWABLE RESOURCES.

       (a) In General.--The following provisions of section 45(d) 
     are each amended by striking ``January 1, 2021'' each place 
     it appears and inserting ``January 1, 2022'':
       (1) Paragraph (1).
       (2) Paragraph (2)(A).
       (3) Paragraph (3)(A).
       (4) Paragraph (4)(B).
       (5) Paragraph (6).
       (6) Paragraph (7).
       (7) Paragraph (9).
       (8) Paragraph (11)(B).
       (b) Extension of Election to Treat Qualified Facilities as 
     Energy Property.--Section 48(a)(5)(C)(ii) is amended by 
     striking ``January 1, 2021'' and inserting ``January 1, 
     2022''.
       (c) Conforming Amendments Related to Application of 
     Phaseout Percentage.--
       (1) Section 45(b)(5)(D) is amended by striking ``January 1, 
     2021'' and inserting ``January 1, 2022''.

[[Page H7813]]

       (2) Section 48(a)(5)(E)(iv) is amended by striking 
     ``January 1, 2021'' and inserting ``January 1, 2022''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2021.

     SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.

       (a) Extensions.--Section 48 is amended--
       (1) in subsection (a)--
       (A) in paragraph (2)(A)(i)(II), by striking ``January 1, 
     2022'' and inserting ``January 1, 2024'', and
       (B) in paragraph (3)(A)--
       (i) in clause (ii), by striking ``January 1, 2022'' and 
     inserting ``January 1, 2024'', and
       (ii) in clause (vii), by striking ``January 1, 2022'' and 
     inserting ``January 1, 2024'', and
       (2) in subsection (c)--
       (A) in paragraph (1)(D), by striking ``January 1, 2022'' 
     and inserting ``January 1, 2024'',
       (B) in paragraph (2)(D), by striking ``January 1, 2022'' 
     and inserting ``January 1, 2024'',
       (C) in paragraph (3)(A)(iv), by striking ``January 1, 
     2022'' and inserting ``January 1, 2024'', and
       (D) in paragraph (4)(C), by striking ``January 1, 2022'' 
     and inserting ``January 1, 2024''.
       (b) Phaseouts.--
       (1) Solar energy property.--Section 48(a)(6) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``January 1, 2022, the energy percentage'' 
     and inserting ``January 1, 2024, the energy percentage'',
       (ii) in clause (i), by striking ``January 1, 2021'' and 
     inserting ``January 1, 2023'', and
       (iii) in clause (ii), by striking ``after December 31, 
     2020, and before January 1, 2022'' and inserting ``after 
     December 31, 2022, and before January 1, 2024'', and
       (B) in subparagraph (B), by striking ``begins before 
     January 1, 2022, and which is not placed in service before 
     January 1, 2024'' and inserting ``begins before January 1, 
     2024, and which is not placed in service before January 1, 
     2026''.
       (2) Fiber-optic solar, qualified fuel cell, and qualified 
     small wind energy property.--Section 48(a)(7) is amended--
       (A) in subparagraph (A)--
       (i) in clause (i), by striking ``January 1, 2021'' and 
     inserting ``January 1, 2023'', and
       (ii) in clause (ii), by striking ``after December 31, 2020, 
     and before January 1, 2022'' and inserting ``after December 
     31, 2022, and before January 1, 2024'', and
       (B) in subparagraph (B), by striking ``January 1, 2024'' 
     and inserting ``January 1, 2026''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2020.

     SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS 
                   QUALIFIED RESIDENCE INTEREST.

       (a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by 
     striking ``December 31, 2020'' and inserting ``December 31, 
     2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to amounts paid or accrued after December 31, 
     2020.

     SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE 
                   INDIVIDUALS.

       (a) In General.--Section 35(b)(1)(B) is amended by striking 
     ``January 1, 2021'' and inserting ``January 1, 2022''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to months beginning after December 31, 2020.

     SEC. 135. INDIAN EMPLOYMENT CREDIT.

       (a) In General.--Section 45A(f) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.

       (a) In General.--Section 45N(e) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR 
                   PROPERTY.

       (a) In General.--Section 168(e)(3)(A)(i) is amended--
       (1) by striking ``January 1, 2021'' in subclause (I) and 
     inserting ``January 1, 2022'', and
       (2) by striking ``December 31, 2020'' in subclause (II) and 
     inserting ``December 31, 2021''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON 
                   INDIAN RESERVATIONS.

       (a) In General.--Section 168(j)(9) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.

       (a) In General.--Section 119(d) of division A of the Tax 
     Relief and Health Care Act of 2006 is amended--
       (1) by striking ``January 1, 2021'' each place it appears 
     and inserting ``January 1, 2022'',
       (2) by striking ``first 15 taxable years'' in paragraph (1) 
     and inserting ``first 16 taxable years'', and
       (3) by striking ``first 9 taxable years'' in paragraph (2) 
     and inserting ``first 10 taxable years''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.

       (a) In General.--Section 40(b)(6)(J)(i) is amended by 
     striking ``January 1, 2021'' and inserting ``January 1, 
     2022''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to qualified second generation biofuel production 
     after December 31, 2020.

     SEC. 141. NONBUSINESS ENERGY PROPERTY.

       (a) In General.--Section 25C(g)(2) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.

       (a) In General.--Section 30B(k)(1) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property purchased after December 31, 2020.

     SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.

       (a) In General.--Section 30C(g) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to property placed in service after December 31, 
     2020.

     SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.

       (a) In General.--Section 30D(g)(3)(E)(ii) is amended by 
     striking ``January 1, 2021'' and inserting ``January 1, 
     2022''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to vehicles acquired after December 31, 2020.

     SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.

       (a) In General.--Section 45(e)(10)(A) is amended by 
     striking ``15-year period'' each place it appears and 
     inserting ``16-year period''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to coal produced after December 31, 2020.

     SEC. 146. ENERGY EFFICIENT HOMES CREDIT.

       (a) In General.--Section 45L(g) is amended by striking 
     ``December 31, 2020'' and inserting ``December 31, 2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to homes acquired after December 31, 2020.

     SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO 
                   ALTERNATIVE FUELS.

       (a) In General.--Sections 6426(d)(5) and 6426(e)(3) are 
     each amended by striking ``December 31, 2020'' and inserting 
     ``December 31, 2021''.
       (b) Outlay Payments for Alternative Fuels.--Section 
     6427(e)(6)(C) is amended by striking ``December 31, 2020'' 
     and inserting ``December 31, 2021''.
       (c) Effective Date.--The amendments made by this subsection 
     shall apply to fuel sold or used after December 31, 2020.

     SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY 
                   CREDIT AND INCLUSION OF BIOMASS FUEL PROPERTY 
                   EXPENDITURES.

       (a) Extension.--
       (1) In general.--Section 25D(h) is amended by striking 
     ``December 31, 2021'' and inserting ``December 31, 2023''.
       (2) Phasedown.--Section 25D(g) is amended--
       (A) by striking ``January 1, 2021'' in paragraph (2) and 
     inserting ``January 1, 2023'', and
       (B) by striking ``after December 31, 2020, and before 
     January 1, 2022'' in paragraph (3) and inserting ``after 
     December 31, 2022, and before January 1, 2024''.
       (b) Qualified Biomass Fuel Property Expenditures.--
       (1) In general.--Section 25D(a) is amended by striking 
     ``and'' at the end of paragraph (4), by inserting ``and'' at 
     the end of paragraph (5), and by inserting after paragraph 
     (5) the following new paragraph:
       ``(6) the qualified biomass fuel property expenditures, 
     and''.
       (2) Qualified biomass fuel property expenditures defined.--
     Section 25D(d) is amended by adding at the end the following 
     new paragraph:
       ``(6) Qualified biomass fuel property expenditure.--
       ``(A) In general.--The term `qualified biomass fuel 
     property expenditure' means an expenditure for property--
       ``(i) which uses the burning of biomass fuel to heat a 
     dwelling unit located in the United States and used as a 
     residence by the taxpayer, or to heat water for use in such a 
     dwelling unit, and
       ``(ii) which has a thermal efficiency rating of at least 75 
     percent (measured by the higher heating value of the fuel).
       ``(B) Biomass fuel.--For purposes of this section, the term 
     `biomass fuel' means any plant-derived fuel available on a 
     renewable or recurring basis.''.
       (3) Denial of double benefit for biomass stoves.--
       (A) In general.--Section 25C(d)(3) is amended by adding 
     ``and'' at the end of subparagraph (C), by striking ``, and'' 
     at the end of subparagraph (D) and inserting a period, and by 
     striking subparagraph (E).
       (B) Conforming amendment.--Section 25C(d) is amended by 
     striking paragraph (6).
       (c) Effective Date.--
       (1) Extension.--The amendments made by subsection (a) shall 
     apply to property placed in service after December 31, 2020.
       (2) Qualified biomass fuel property expenditures.--The 
     amendments made by subsection (b) shall apply to expenditures 
     paid or incurred in taxable years beginning after December 
     31, 2020.

     SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.

       (a) In General.--Section 4121(e)(2)(A) is amended by 
     striking ``December 31, 2020'' and inserting ``December 31, 
     2021''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to sales after December 31, 2020.

[[Page H7814]]

  


                       TITLE II--OTHER PROVISIONS

     SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.

       (a) In General.--Subsection (b) of section 42 is amended--
       (1) by redesignating paragraph (3) as paragraph (4), and
       (2) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) Minimum credit rate.--In the case of any new or 
     existing building to which paragraph (2) does not apply and 
     which is placed in service by the taxpayer after December 31, 
     2020, the applicable percentage shall not be less than 4 
     percent.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) any building which receives an allocation of housing 
     credit dollar amount after December 31, 2020, and
       (2) in the case of any building any portion of which is 
     financed with an obligation described in section 42(h)(4)(A), 
     any such building if any such obligation which so finances 
     such building is issued after December 31, 2020.

     SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY 
                   OVER 30-YEAR PERIOD.

       Section 13204(b) of Public Law 115-97 is amended--
       (1) in paragraph (1), by striking ``paragraph (2)'' and 
     inserting ``paragraphs (2) and (3)'', and
       (2) by adding at the end the following:
       ``(3) Certain residential rental property.--In the case of 
     any residential rental property--
       ``(A) which was placed in service before January 1, 2018,
       ``(B) which is held by an electing real property trade or 
     business (as defined in section 163(j)(7)(B) of the Internal 
     Revenue Code of 1986), and
       ``(C) for which subparagraph (A), (B), (C), (D), or (E) of 
     section 168(g)(1) of the Internal Revenue Code of 1986 did 
     not apply prior to such date,
     the amendments made by subsection (a)(3)(C) shall apply to 
     taxable years beginning after December 31, 2017.''.

     SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY 
                   CREDIT.

       (a) In General.--Section 48(a)(3)(A) is amended by striking 
     ``or'' at the end of clause (vi), by inserting ``or'' at the 
     end of clause (vii), and by adding at the end the following 
     new clause:
       ``(viii) waste energy recovery property,''.
       (b) Application of 30 Percent Credit.--Section 
     48(a)(2)(A)(i) is amended by striking ``and'' at the end of 
     subclause (III) and by adding at the end the following new 
     subclause:

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

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

     SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND 
                   FACILITIES.

       (a) In General.--Section 48(a)(5) is amended by adding at 
     the end the following new subparagraph:
       ``(F) Qualified offshore wind facilities.--
       ``(i) In general.--In the case of any qualified offshore 
     wind facility--

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

       ``(ii) Qualified offshore wind facility.--For purposes of 
     this subparagraph, the term `qualified offshore wind 
     facility' means a qualified facility (within the meaning of 
     section 45) described in paragraph (1) of section 45(d) 
     (determined without regard to any date by which the 
     construction of the facility is required to begin) which is 
     located in the inland navigable waters of the United States 
     or in the coastal waters of the United States.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to periods after December 31, 2016, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect on the day before the date of the 
     enactment of the Revenue Reconciliation Act of 1990).

     SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS 
                   RELATED TO LIFE INSURANCE CONTRACTS.

       (a) Modification of Minimum Rate for Purposes of Cash Value 
     Accumulation Test.--
       (1) In general.--Section 7702(b)(2)(A) is amended by 
     striking ``an annual effective rate of 4 percent'' and 
     inserting ``the applicable accumulation test minimum rate''.
       (2) Applicable accumulation test minimum rate.--Section 
     7702(b) is amended by adding at the end the following new 
     paragraph:
       ``(3) Applicable accumulation test minimum rate.--For 
     purposes of paragraph (2)(A), the term `applicable 
     accumulation test minimum rate' means the lesser of--
       ``(A) an annual effective rate of 4 percent, or
       ``(B) the insurance interest rate (as defined in subsection 
     (f)(11)) in effect at the time the contract is issued.''.
       (b) Modification of Minimum Rate for Purposes of Guideline 
     Premium Requirements.--
       (1) In general.--Section 7702(c)(3)(B)(iii) is amended by 
     striking ``an annual effective rate of 6 percent'' and 
     inserting ``the applicable guideline premium minimum rate''.
       (2) Applicable guideline premium minimum rate.--Section 
     7702(c)(3) is amended by adding at the end the following new 
     subparagraph:
       ``(E) Applicable guideline premium minimum rate.--For 
     purposes of subparagraph (B)(iii), the term `applicable 
     guideline premium minimum rate' means the applicable 
     accumulation test minimum rate (as defined in subsection 
     (b)(3)) plus 2 percentage points.''.
       (c) Application of Modified Minimum Rates to Determination 
     of Guideline Level Premium.--Section 7702(c)(4) is amended--
       (1) by striking ``4 percent'' and inserting ``the 
     applicable accumulation test minimum rate'', and
       (2) by striking ``6 percent'' and inserting ``the 
     applicable guideline premium minimum rate''.
       (d) Insurance Interest Rate.--Section 7702(f) is amended by 
     adding at the end the following new paragraph:
       ``(11) Insurance interest rate.--For purposes of this 
     section--
       ``(A) In general.--The term `insurance interest rate' 
     means, with respect to any contract issued in any calendar 
     year, the lesser of--
       ``(i) the section 7702 valuation interest rate for such 
     calendar year (or, if such calendar year is not an adjustment 
     year, the most recent adjustment year), or
       ``(ii) the section 7702 applicable Federal interest rate 
     for such calendar year (or, if such calendar year is not an 
     adjustment year, the most recent adjustment year).
       ``(B) Section 7702 valuation interest rate.--The term 
     `section 7702 valuation interest rate' means, with respect to 
     any adjustment year, the prescribed U.S. valuation interest 
     rate for life insurance with guaranteed durations of more 
     than 20 years (as defined in the National Association of 
     Insurance Commissioners' Standard Valuation Law) as effective 
     in the calendar year immediately preceding such adjustment 
     year.
       ``(C) Section 7702 applicable federal interest rate.--The 
     term `section 7702 applicable Federal interest rate' means, 
     with respect to any adjustment year, the average (rounded to 
     the nearest whole percentage point) of the applicable Federal 
     mid-term rates (as defined in section 1274(d) but based on 
     annual compounding) effective as of the beginning of each of 
     the calendar months in the most recent 60-month period ending 
     before the second calendar year prior to such adjustment 
     year.
       ``(D) Adjustment year.--The term `adjustment year' means 
     the calendar year following any calendar year that includes 
     the effective date of a change in the prescribed U.S. 
     valuation interest rate for life insurance with guaranteed 
     durations of more than 20 years (as defined in the National 
     Association of Insurance Commissioners' Standard Valuation 
     Law).
       ``(E) Transition rule.--Notwithstanding subparagraph (A), 
     the insurance interest rate shall be 2 percent in the case of 
     any contract which is issued during the period that--
       ``(i) begins on January 1, 2021, and
       ``(ii) ends immediately before the beginning of the first 
     adjustment year that beings after December 31, 2021.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to contracts issued after December 31, 2020.

     SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO CARES 
                   ACT EMPLOYEE RETENTION CREDIT.

       (a) Gross Receipts of Tax-exempt Organizations.--Section 
     2301(c)(2)(C) of the CARES Act is amended--
       (1) by striking ``of such Code, clauses (i) and (ii)(I)'' 
     and inserting ``of such Code--
       ``(i) clauses (i) and (ii)(I)'',
       (2) by striking the period at the end and inserting ``, 
     and'', and
       (3) by adding at the end the following new clause:
       ``(ii) any reference in this section to gross receipts 
     shall be treated as a reference to gross receipts within the 
     meaning of section 6033 of such Code.''.
       (b) Modification of Treatment of Health Plan Expenses.--
     Section 2301(c) of the CARES Act is amended--
       (1) by striking subparagraph (C) of paragraph (3), and
       (2) in paragraph (5)--
       (A) by striking ``The term'' and inserting the following:
       ``(A) In general.--The term'', and
       (B) by adding at the end the following new subparagraph:

[[Page H7815]]

       ``(B) Allowance for certain health plan expenses.--
       ``(i) In general.--Such term shall include amounts paid by 
     the eligible employer to provide and maintain a group health 
     plan (as defined in section 5000(b)(1) of the Internal 
     Revenue Code of 1986), but only to the extent that such 
     amounts are excluded from the gross income of employees by 
     reason of section 106(a) of such Code.
       ``(ii) Allocation rules.--For purposes of this section, 
     amounts treated as wages under clause (i) shall be treated as 
     paid with respect to any employee (and with respect to any 
     period) to the extent that such amounts are properly 
     allocable to such employee (and to such period) in such 
     manner as the Secretary may prescribe. Except as otherwise 
     provided by the Secretary, such allocation shall be treated 
     as properly made if made on the basis of being pro rata among 
     periods of coverage.''.
       (c) Improved Coordination Between Paycheck Protection 
     Program and Employee Retention Tax Credit.--
       (1) Amendment to paycheck protection program.--Section 
     7A(a)(12) of the Small Business Act, as redesignated, 
     transferred, and amended by the Economic Aid to Hard-Hit 
     Small Businesses, Nonprofits, and Venues Act, is amended by 
     adding at the end the following: ``Such payroll costs shall 
     not include qualified wages taken into account in determining 
     the credit allowed under section 2301 of the CARES Act or 
     qualified wages taken into account in determining the credit 
     allowed under subsection (a) or (d) of section 303 of the 
     Taxpayer Certainty and Disaster Relief Act of 2020.''.
       (2) Amendments to employee retention tax credit.--
       (A) In general.--Section 2301(g) of the CARES Act is 
     amended to read as follows:
       ``(g) Election to Not Take Certain Wages Into Account.--
       ``(1) In general.--This section shall not apply to so much 
     of the qualified wages paid by an eligible employer as such 
     employer elects (at such time and in such manner as the 
     Secretary may prescribe) to not take into account for 
     purposes of this section.
       ``(2) Coordination with paycheck protection program.--The 
     Secretary, in consultation with the Administrator of the 
     Small Business Administration, shall issue guidance providing 
     that payroll costs paid during the covered period shall not 
     fail to be treated as qualified wages under this section by 
     reason of an election under paragraph (1) to the extent that 
     a covered loan of the eligible employer is not forgiven by 
     reason of a decision under section 7A(g) of the Small 
     Business Act. Terms used in the preceding sentence which are 
     also used in section 7A of the Small Business Act shall have 
     the same meaning as when used in such section.''.
       (B) Conforming amendments.--
       (i) Section 2301 of the CARES Act is amended by striking 
     subsection (j).
       (ii) Section 2301(l) of the CARES Act is amended by 
     striking paragraph (3) and by redesignating paragraphs (4) 
     and (5) as paragraphs (3) and (4), respectively.
       (d) Regulations and Guidance.--Section 2301(l) of the CARES 
     Act, as amended by subsection (c)(2)(B)(ii), is amended by 
     striking ``and'' at the end of paragraph (3), by striking the 
     period at the end of paragraph (4) and inserting ``, and'', 
     and by adding at the end the following new paragraph:
       ``(5) to prevent the avoidance of the purposes of the 
     limitations under this section, including through the 
     leaseback of employees.''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect as if included in the provisions of the CARES Act 
     to which they relate.
       (2) Special rule.--
       (A) In general.--For purposes of section 2301 of the CARES 
     Act, an employer who has filed a return of tax with respect 
     to applicable employment taxes (as defined in section 
     2301(c)(1) of division A of such Act) before the date of the 
     enactment of this Act may elect (in such manner as the 
     Secretary of the Treasury (or the Secretary's delegate) shall 
     prescribe) to treat any applicable amount as an amount paid 
     in the calendar quarter which includes the date of the 
     enactment of this Act.
       (B) Applicable amount.--For purposes of subparagraph (A), 
     the term ``applicable amount'' means the amount of wages 
     which--
       (i) are--

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

       (ii) were--

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

     SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION 
                   AND REHIRING TAX CREDIT.

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

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

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

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

       ``(ii) the last sentence of subparagraph (A) shall be 
     applied by substituting `the corresponding calendar quarter 
     in calendar year 2019' for `the same calendar quarter in 
     calendar year 2019'.
     An election under this subparagraph shall be made at such 
     time and in such manner as the Secretary shall prescribe.''.
       (B) Conforming amendment.--Section 2301(l) of the CARES 
     Act, as amended by section 206, is amended by inserting 
     ``and'' at the end of paragraph (3), by striking paragraph 
     (4), and by redesignating paragraph (5) as paragraph (4).
       (3) Application to certain governmental employers.--
       (A) In general.--Section 2301(f) of the CARES Act is 
     amended--
       (i) by striking ``This'' and inserting the following:
       ``(1) In general.--This'', and
       (ii) by adding at the end the following new paragraph:
       ``(2) Exception.--Paragraph (1) shall not apply to--
       ``(A) any organization described in section 501(c)(1) of 
     the Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code, or
       ``(B) any entity described in paragraph (1) if--
       ``(i) such entity is a college or university, or
       ``(ii) the principal purpose or function of such entity is 
     providing medical or hospital care.
     In the case of any entity described in subparagraph (B), such 
     entity shall be treated as satisfying the requirements of 
     subsection (c)(2)(A)(i).''.
       (B) Conforming amendment.--Section 2301(c)(5)(A) of the 
     CARES Act, as amended by section 206(b)(2), is amended by 
     adding at the end the following new sentence: ``For purposes 
     of the preceding sentence, in the case of any organization or 
     entity described in subsection (f)(2), wages as defined in 
     section 3121(a) of the Internal Revenue Code of 1986 shall be 
     determined without regard to paragraphs (5), (6), (7), (10), 
     and (13) of section 3121(b) of such Code (except with respect 
     to services performed in a penal institution by an inmate 
     thereof).''.
       (e) Modification of Determination of Qualified Wages.--
       (1) Modification of threshold for treatment as a large 
     employer.--Section 2301(c)(3)(A) of the CARES Act is amended 
     by striking ``100'' each place it appears in clauses (i) and 
     (ii) and inserting ``500''.
       (2) Elimination of limitation.--Section 2301(c)(3) of the 
     CARES Act is amended--
       (A) by striking subparagraph (B), and
       (B) by striking ``Such term'' in the second sentence of 
     subparagraph (A) and inserting the following:
       ``(B) Exception.--The term `qualified wages' ''.
       (f) Denial of Double Benefit.--Section 2301(h) of the CARES 
     Act is amended--
       (1) by striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) Denial of double benefit.--Any wages taken into 
     account in determining the credit allowed under this section 
     shall not be taken into account as wages for purposes of 
     sections 41, 45A, 45P, 45S, 51, and 1396 of the Internal 
     Revenue Code of 1986.''.
       (2) by redesignating paragraph (3) as paragraph (2).
       (g) Advance Payments.--
       (1) In general.--Section 2301 of the CARES Act, as amended 
     by section 206(c)(2)(B)(i), is amended by inserting after 
     subsection (i) the following new subsection:
       ``(j) Advance Payments.--
       ``(1) In general.--Except as provided in paragraph (2), no 
     advance payment of the credit under subsection (a) shall be 
     allowed.
       ``(2) Advance payments to small employers.--
       ``(A) In general.--Under rules provided by the Secretary, 
     an eligible employer for which the average number of full-
     time employees (within

[[Page H7816]]

     the meaning of section 4980H of the Internal Revenue Code of 
     1986) employed by such eligible employer during 2019 was not 
     greater than 500 may elect for any calendar quarter to 
     receive an advance payment of the credit under subsection (a) 
     for such quarter in an amount not to exceed 70 percent of the 
     average quarterly wages paid by the employer in calendar year 
     2019.
       ``(B) Special rule for seasonal employers.--In the case of 
     any employer who employs seasonal workers (as defined in 
     section 45R(d)(5)(B) of the Internal Revenue Code of 1986), 
     the employer may elect to substitute `the wages for the 
     calendar quarter in 2019 which corresponds to the calendar 
     quarter to which the election relates' for `the average 
     quarterly wages paid by the employer in calendar year 2019'.
       ``(C) Special rule for employers not in existence in 
     2019.--In the case of any employer that was not in existence 
     in 2019, subparagraphs (A) and (B) shall each be applied by 
     substituting `2020' for `2019' each place it appears.
       ``(3) Reconciliation of credit with advance payments.--
       ``(A) In general.--The amount of credit which would (but 
     for this subsection) be allowed under this section shall be 
     reduced (but not below zero) by the aggregate payment allowed 
     to the taxpayer under paragraph (2). Any failure to so reduce 
     the credit shall be treated as arising out of a mathematical 
     or clerical error and assessed according to section 
     6213(b)(1) of the Internal Revenue Code of 1986.
       ``(B) Excess advance payments.--If the advance payments to 
     a taxpayer under paragraph (2) for a calendar quarter exceed 
     the credit allowed by this section (determined without regard 
     to subparagraph (A)), the tax imposed by chapter 21 or 22 of 
     the Internal Revenue Code of 1986 (whichever is applicable) 
     for the calendar quarter shall be increased by the amount of 
     such excess.''.
       (2) Conforming amendments.--Section 2301(l) of the CARES 
     Act, as amended by section 206 and subsection (d)(2)(B), is 
     amended--
       (A) by inserting ``as provided in subsection (j)(2)'' after 
     ``subsection (a)'' in paragraph (1),
       (B) by striking paragraph (2), and
       (C) by redesignating paragraphs (3) and (4) as paragraphs 
     (2) and (3), respectively.
       (h) Third-party Payors.--Section 2301(l) of the CARES Act, 
     as amended by section 206 and subsections (d)(2)(B) and 
     (g)(2), is amended by adding at the end the following flush 
     sentence:
     ``Any forms, instructions, regulations, or guidance described 
     in paragraph (2) shall require the customer to be responsible 
     for the accounting of the credit and for any liability for 
     improperly claimed credits and shall require the certified 
     professional employer organization or other third party payor 
     to accurately report such tax credits based on the 
     information provided by the customer.''.
       (i) Public Awareness Campaign.--Section 2301 of the CARES 
     Act is amended by adding at the end the following new 
     subsection:
       ``(n) Public Awareness Campaign.--
       ``(1) In general.--The Secretary shall conduct a public 
     awareness campaign, in coordination with the Administrator of 
     the Small Business Administration, to provide information 
     regarding the availability of the credit allowed under this 
     section.
       ``(2) Outreach.--Under the campaign conducted under 
     paragraph (1), the Secretary shall--
       ``(A) provide to all employers which reported not more than 
     500 employees on the most recently filed return of applicable 
     employment taxes a notice about the credit allowed under this 
     section and the requirements for eligibility to claim the 
     credit, and
       ``(B) not later than 30 days after the date of the 
     enactment of this subsection, provide to all employers 
     educational materials relating to the credit allowed under 
     this section, including specific materials for businesses 
     with not more than 500 employees.''.
       (j) Coordination With Certain Payroll Protection Program 
     Loans.--Section 2301(g)(2) of the CARES Act, as added by 
     section 206(c)(2)(A), is amended by striking ``section 7A(g) 
     of the Small Business Act'' and all that follows and 
     inserting ``section 7A(g) of the Small Business Act or the 
     application of section 7(a)(37)(J) of the Small Business Act. 
     Terms used in the preceding sentence which are also used in 
     section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, 
     when applied in connection with either such section, have the 
     same meaning as when used in such section, respectively.''.
       (k) Effective Date.--The amendments made by this section 
     shall apply to calendar quarters beginning after December 31, 
     2020.

     SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING 
                   RETIREMENT.

       (a) In General.--Paragraph (36) of section 401(a) is 
     amended to read as follows:
       ``(36) Distributions during working retirement.--
       ``(A) In general.--A trust forming part of a pension plan 
     shall not be treated as failing to constitute a qualified 
     trust under this section solely because the plan provides 
     that a distribution may be made from such trust to an 
     employee who has attained age 59\1/2\ and who is not 
     separated from employment at the time of such distribution.
       ``(B) Certain employees in the building and construction 
     industry.--Subparagraph (A) shall be applied by substituting 
     `age 55' for `age 59\1/2\' in the case of a multiemployer 
     plan described in section 4203(b)(1)(B)(i) of the Employee 
     Retirement Income Security Act of 1974, with respect to 
     individuals who were participants in such plan on or before 
     April 30, 2013, if--
       ``(i) the trust to which subparagraph (A) applies was in 
     existence before January 1, 1970, and
       ``(ii) before December 31, 2011, at a time when the plan 
     provided that distributions may be made to an employee who 
     has attained age 55 and who is not separated from employment 
     at the time of such distribution, the plan received at least 
     1 written determination from the Internal Revenue Service 
     that the trust to which subparagraph (A) applies constituted 
     a qualified trust under this section.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions made before, on, or after the 
     date of the enactment of this Act.

     SEC. 209. TEMPORARY RULE PREVENTING PARTIAL PLAN TERMINATION.

       A plan shall not be treated as having a partial termination 
     (within the meaning of 411(d)(3) of the Internal Revenue Code 
     of 1986) during any plan year which includes the period 
     beginning on March 13, 2020, and ending on March 31, 2021, if 
     the number of active participants covered by the plan on 
     March 31, 2021 is at least 80 percent of the number of active 
     participants covered by the plan on March 13, 2020.

     SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS 
                   MEALS.

       (a) In General.--Section 274(n)(2) of the Internal Revenue 
     Code of 1986 is amended by striking ``or'' at the end of 
     subparagraph (B), by striking the period at the end of 
     subparagraph (C)(iv) and inserting ``, or'', and by inserting 
     after subparagraph (C) the following new subparagraph:
       ``(D) such expense is--
       ``(i) for food or beverages provided by a restaurant, and
       ``(ii) paid or incurred before January 1, 2023.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2020.

     SEC. 211. TEMPORARY SPECIAL RULE FOR DETERMINATION OF EARNED 
                   INCOME.

       (a) In General.--If the earned income of the taxpayer for 
     the taxpayer's first taxable year beginning in 2020 is less 
     than the earned income of the taxpayer for the preceding 
     taxable year, the credits allowed under sections 24(d) and 32 
     of the Internal Revenue Code of 1986 may, at the election of 
     the taxpayer, be determined by substituting--
       (1) such earned income for the preceding taxable year, for
       (2) such earned income for the taxpayer's first taxable 
     year beginning in 2020.
       (b) Earned Income.--
       (1) In general.--For purposes of this section, the term 
     ``earned income'' has the meaning given such term under 
     section 32(c) of the Internal Revenue Code of 1986.
       (2) Application to joint returns.--For purposes of 
     subsection (a), in the case of a joint return, the earned 
     income of the taxpayer for the preceding taxable year shall 
     be the sum of the earned income of each spouse for such 
     preceding taxable year.
       (c) Special Rules.--
       (1) Errors treated as mathematical error.--For purposes of 
     section 6213 of the Internal Revenue Code of 1986, an 
     incorrect use on a return of earned income pursuant to 
     subsection (a) shall be treated as a mathematical or clerical 
     error.
       (2) No effect on determination of gross income, etc.--
     Except as otherwise provided in this section, the Internal 
     Revenue Code of 1986 shall be applied without regard to any 
     substitution under subsection (a).

     SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-
                   ITEMIZERS.

       (a) In General.--Section 170 is amended by redesignating 
     subsection (p) as subsection (q) and by inserting after 
     subsection (o) the following new subsection:
       ``(p) Special Rule for Taxpayers Who Do Not Elect to 
     Itemize Deductions.--In the case of any taxable year 
     beginning in 2021, if the individual does not elect to 
     itemize deductions for such taxable year, the deduction under 
     this section shall be equal to the deduction, not in excess 
     of $300 ( $600 in the case of a joint return), which would be 
     determined under this section if the only charitable 
     contributions taken into account in determining such 
     deduction were contributions made in cash during such taxable 
     year (determined without regard to subsections (b)(1)(G)(ii) 
     and (d)(1)) to an organization described in section 
     170(b)(1)(A) and not--
       ``(1) to an organization described in section 509(a)(3), or
       ``(2) for the establishment of a new, or maintenance of an 
     existing, donor advised fund (as defined in section 
     4966(d)(2)).''.
       (b) Penalty for Underpayments Attributable to Overstated 
     Deduction.--
       (1) In general.--Section 6662(b) is amended by inserting 
     after paragraph (8) the following:
       ``(9) Any overstatement of the deduction provided in 
     section 170(p).''.
       (2) Increased penalty.--Section 6662 is amended by adding 
     at the end the following new subsection:
       ``(l) Increase in Penalty in Case of Overstatement of 
     Qualified Charitable Contributions.--In the case of any 
     portion of an underpayment which is attributable to one or 
     more overstatements of the deduction provided in section 
     170(p), subsection (a) shall be applied with respect to such 
     portion by substituting `50 percent' for `20 percent'.''.
       (3) Exception to approval of assessment.--Section 
     6751(b)(2)(A) is amended by striking ``or 6655'' and 
     inserting ``6655, or 6662 (but only with respect to an 
     addition to tax by reason of subsection (b)(9) thereof)''.
       (b) Conforming Amendments.--
       (1) Section 63(b) is amended by striking ``and'' at the end 
     of paragraph (2), by striking the period at the end of 
     paragraph (3) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(4) the deduction provided in section 170(p).''.

[[Page H7817]]

       (2) Section 63(d) is amended by adding ``and'' at the end 
     of paragraph (1), by striking paragraphs (2) and (3), and by 
     inserting after paragraph (1) the following new paragraph:
       ``(2) any deduction referred to in any paragraph of 
     subsection (b).''.
       (c) Repeal of Superseded Provisions.--
       (1) In general.--Section 62(a) is amended by striking 
     paragraph (22).
       (2) Conforming amendment.--Section 62 is amended by 
     striking subsection (f).
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2020.

     SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE 
                   CONTRIBUTIONS.

       (a) In General.--Subsections (a)(3)(A)(i) and (b) of 
     section 2205 of the CARES Act are each amended by inserting 
     ``or 2021'' after ``2020''.
       (b) Conforming Amendment.--The heading of section 2205 of 
     the CARES Act is amended by striking ``MODIFICATION OF 
     LIMITATIONS ON CHARITABLE CONTRIBUTIONS DURING 2020'' and 
     inserting ``TEMPORARY MODIFICATION OF LIMITATIONS ON 
     CHARITABLE CONTRIBUTIONS''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to contributions made after December 31, 2020.

     SEC. 214. TEMPORARY SPECIAL RULES FOR HEALTH AND DEPENDENT 
                   CARE FLEXIBLE SPENDING ARRANGEMENTS.

       (a) Carryover From 2020 Plan Year.--For plan years ending 
     in 2020, a plan that includes a health flexible spending 
     arrangement or dependent care flexible spending arrangement 
     shall not fail to be treated as a cafeteria plan under the 
     Internal Revenue Code of 1986 merely because such plan or 
     arrangement permits participants to carry over (under rules 
     similar to the rules applicable to health flexible spending 
     arrangements) any unused benefits or contributions remaining 
     in any such flexible spending arrangement from such plan year 
     to the plan year ending in 2021.
       (b) Carryover From 2021 Plan Year.--For plan years ending 
     in 2021, a plan that includes a health flexible spending 
     arrangement or dependent care flexible spending arrangement 
     shall not fail to be treated as a cafeteria plan under the 
     Internal Revenue Code of 1986 merely because such plan or 
     arrangement permits participants to carry over (under rules 
     similar to the rules applicable to health flexible spending 
     arrangements) any unused benefits or contributions remaining 
     in any such flexible spending arrangement from such plan year 
     to the plan year ending in 2022.
       (c) Extension of Grace Periods, etc.--
       (1) In general.--A plan that includes a health flexible 
     spending arrangement or dependent care flexible spending 
     arrangement shall not fail to be treated as a cafeteria plan 
     under the Internal Revenue Code of 1986 merely because such 
     plan or arrangement extends the grace period for a plan year 
     ending in 2020 or 2021 to 12 months after the end of such 
     plan year, with respect to unused benefits or contributions 
     remaining in a health flexible spending arrangement or a 
     dependent care flexible spending arrangement.
       (2) Post-termination reimbursements from health FSAs.--A 
     plan that includes a health flexible spending arrangement 
     shall not fail to be treated as a cafeteria plan under the 
     Internal Revenue Code of 1986 merely because such plan or 
     arrangement allows (under rules similar to the rules 
     applicable to dependent care flexible spending arrangements) 
     an employee who ceases participation in the plan during 
     calendar year 2020 or 2021 to continue to receive 
     reimbursements from unused benefits or contributions through 
     the end of the plan year in which such participation ceased 
     (including any grace period, taking into account any 
     modification of a grace period permitted under paragraph 
     (1)).
       (d) Special Carry Forward Rule for Dependent Care Flexible 
     Spending Arrangements Where Dependent Aged Out During 
     Pandemic.--
       (1) In general.--In the case of any eligible employee, 
     section 21(b)(1)(A) of the Internal Revenue Code of 1986 
     shall be applied by substituting ``age 14'' for ``age 13'' 
     for purposes of determining the dependent care assistance 
     which may be paid or reimbursed with respect to such employee 
     under the dependent care flexible spending arrangement 
     referred to in paragraph (3)(A) with respect to such employee 
     during--
       (A) the plan year described in paragraph (3)(A), and
       (B) in the case of an employee described in paragraph 
     (3)(B)(ii), the subsequent plan year.
       (2) Application to subsequent plan year limited to unused 
     balance from preceding plan year.--Paragraph (1)(B) shall 
     only apply to so much of the amounts paid for dependent care 
     assistance with respect to the dependents referred to in 
     paragraph (3)(B) as does not exceed the unused balance 
     described in paragraph (3)(B)(ii).
       (3) Eligible employee.--For purposes of this section, the 
     term ``eligible employee'' means any employee who--
       (A) is enrolled in a dependent care flexible spending 
     arrangement for the last plan year with respect to which the 
     end of the regular enrollment period for such plan year was 
     on or before January 31, 2020, and
       (B) has one or more dependents (as defined in section 
     152(a)(1) of the Internal Revenue Code of 1986) who attain 
     the age of 13--
       (i) during such plan year, or
       (ii) in the case of an employee who (after the application 
     of this section) has an unused balance in the employee's 
     account under such arrangement for such plan year (determined 
     as of the close of the last day on which, under the terms of 
     the plan, claims for reimbursement may be made with respect 
     to such plan year), the subsequent plan year.
       (e) Change in Election Amount.--For plan years ending in 
     2021, a plan that includes a health flexible spending 
     arrangement or dependent care flexible spending arrangement 
     shall not fail to be treated as a cafeteria plan under the 
     Internal Revenue Code of 1986 merely because such plan or 
     arrangement allows an employee to make an election to modify 
     prospectively the amount (but not in excess of any applicable 
     dollar limitation) of such employee's contributions to any 
     such flexible spending arrangement (without regard to any 
     change in status).
       (f) Definitions.--Any term used in this section which is 
     also used in section 106, 125, or 129 of the Internal Revenue 
     Code of 1986, or the regulations or guidance thereunder, 
     shall have the same meaning as when used in such section, 
     regulations, or guidance.
       (g) Plan Amendments.--A plan that includes a health 
     flexible spending arrangement or dependent care flexible 
     spending arrangement shall not fail to be treated as a 
     cafeteria plan under the Internal Revenue Code of 1986 merely 
     because such plan or arrangement is amended pursuant to a 
     provision under this section and such amendment is 
     retroactive, if--
       (1) such amendment is adopted not later than the last day 
     of the first calendar year beginning after the end of the 
     plan year in which the amendment is effective, and
       (2) the plan or arrangement is operated consistent with the 
     terms of such amendment during the period beginning on the 
     effective date of the amendment and ending on the date the 
     amendment is adopted.

                     TITLE III--DISASTER TAX RELIEF

     SEC. 301. DEFINITIONS.

       For purposes of this title--
       (1) Qualified disaster area.--
       (A) In general.--The term ``qualified disaster area'' means 
     any area with respect to which a major disaster was declared, 
     during the period beginning on January 1, 2020, and ending on 
     the date which is 60 days after the date of the enactment of 
     this Act, by the President under section 401 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act if the 
     incident period of the disaster with respect to which such 
     declaration is made begins on or after December 28, 2019, and 
     on or before the date of the enactment of this Act.
       (B) COVID-19 exception.--Such term shall not include any 
     area with respect to which such a major disaster has been so 
     declared only by reason of COVID-19.
       (2) Qualified disaster zone.--The term ``qualified disaster 
     zone'' means that portion of any qualified disaster area 
     which was determined by the President, during the period 
     beginning on January 1, 2020, and ending on the date which is 
     60 days after the date of the enactment of this Act, to 
     warrant individual or individual and public assistance from 
     the Federal Government under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act by reason of the 
     qualified disaster with respect to such disaster area.
       (3) Qualified disaster.--The term ``qualified disaster'' 
     means, with respect to any qualified disaster area, the 
     disaster by reason of which a major disaster was declared 
     with respect to such area.
       (4) Incident period.--The term ``incident period'' means, 
     with respect to any qualified disaster, the period specified 
     by the Federal Emergency Management Agency as the period 
     during which such disaster occurred (except that for purposes 
     of this title such period shall not be treated as ending 
     after the date which is 30 days after the date of the 
     enactment of this Act).

     SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF 
                   RETIREMENT FUNDS.

       (a) Tax-favored Withdrawals From Retirement Plans.--
       (1) In general.--Section 72(t) of the Internal Revenue Code 
     of 1986 shall not apply to any qualified disaster 
     distribution.
       (2) Aggregate dollar limitation.--
       (A) In general.--For purposes of this subsection, the 
     aggregate amount of distributions received by an individual 
     which may be treated as qualified disaster distributions for 
     any taxable year shall not exceed the excess (if any) of--
       (i) $100,000, over
       (ii) the aggregate amounts treated as qualified disaster 
     distributions received by such individual for all prior 
     taxable years.
       (B) Treatment of plan distributions.--If a distribution to 
     an individual would (without regard to subparagraph (A)) be a 
     qualified disaster distribution, a plan shall not be treated 
     as violating any requirement of the Internal Revenue Code of 
     1986 merely because the plan treats such distribution as a 
     qualified disaster distribution, unless the aggregate amount 
     of such distributions from all plans maintained by the 
     employer (and any member of any controlled group which 
     includes the employer) to such individual exceeds $100,000.
       (C) Controlled group.--For purposes of subparagraph (B), 
     the term ``controlled group'' means any group treated as a 
     single employer under subsection (b), (c), (m), or (o) of 
     section 414 of the Internal Revenue Code of 1986.
       (D) Special rule for individuals affected by more than one 
     disaster.--The limitation of subparagraph (A) shall be 
     applied separately with respect to distributions made with 
     respect to each qualified disaster.
       (3) Amount distributed may be repaid.--
       (A) In general.--Any individual who receives a qualified 
     disaster distribution may, at any time during the 3-year 
     period beginning on the day after the date on which such 
     distribution was received, make 1 or more contributions in an 
     aggregate amount not to exceed the amount of such 
     distribution to an eligible retirement plan of which such 
     individual is a beneficiary and to which a rollover 
     contribution of such distribution could be made under section 
     402(c), 403(a)(4), 403(b)(8), 408(d)(3), or 457(e)(16), of 
     the

[[Page H7818]]

     Internal Revenue Code of 1986, as the case may be.
       (B) Treatment of repayments of distributions from eligible 
     retirement plans other than iras.--For purposes of the 
     Internal Revenue Code of 1986, if a contribution is made 
     pursuant to subparagraph (A) with respect to a qualified 
     disaster distribution from an eligible retirement plan other 
     than an individual retirement plan, then the taxpayer shall, 
     to the extent of the amount of the contribution, be treated 
     as having received the qualified disaster distribution in an 
     eligible rollover distribution (as defined in section 
     402(c)(4) of such Code) and as having transferred the amount 
     to the eligible retirement plan in a direct trustee to 
     trustee transfer within 60 days of the distribution.
       (C) Treatment of repayments of distributions from iras.--
     For purposes of the Internal Revenue Code of 1986, if a 
     contribution is made pursuant to subparagraph (A) with 
     respect to a qualified disaster distribution from an 
     individual retirement plan (as defined by section 7701(a)(37) 
     of such Code), then, to the extent of the amount of the 
     contribution, the qualified disaster distribution shall be 
     treated as a distribution described in section 408(d)(3) of 
     such Code and as having been transferred to the eligible 
     retirement plan in a direct trustee to trustee transfer 
     within 60 days of the distribution.
       (4) Definitions.--For purposes of this subsection--
       (A) Qualified disaster distribution.--Except as provided in 
     paragraph (2), the term ``qualified disaster distribution'' 
     means any distribution from an eligible retirement plan 
     made--
       (i) on or after the first day of the incident period of a 
     qualified disaster and before the date which is 180 days 
     after the date of the enactment of this Act, and
       (ii) to an individual whose principal place of abode at any 
     time during the incident period of such qualified disaster is 
     located in the qualified disaster area with respect to such 
     qualified disaster and who has sustained an economic loss by 
     reason of such qualified disaster.
       (B) Eligible retirement plan.--The term ``eligible 
     retirement plan'' shall have the meaning given such term by 
     section 402(c)(8)(B) of the Internal Revenue Code of 1986.
       (5) Income inclusion spread over 3-year period.--
       (A) In general.--In the case of any qualified disaster 
     distribution, unless the taxpayer elects not to have this 
     paragraph apply for any taxable year, any amount required to 
     be included in gross income for such taxable year shall be so 
     included ratably over the 3-taxable-year period beginning 
     with such taxable year.
       (B) Special rule.--For purposes of subparagraph (A), rules 
     similar to the rules of subparagraph (E) of section 
     408A(d)(3) of the Internal Revenue Code of 1986 shall apply.
       (6) Special rules.--
       (A) Exemption of distributions from trustee to trustee 
     transfer and withholding rules.--For purposes of sections 
     401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 
     1986, qualified disaster distributions shall not be treated 
     as eligible rollover distributions.
       (B) Qualified disaster distributions treated as meeting 
     plan distribution requirements.--For purposes of the Internal 
     Revenue Code of 1986, a qualified disaster distribution shall 
     be treated as meeting the requirements of sections 
     401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 
     457(d)(1)(A) of such Code and section 8433(h)(1) of title 5, 
     United States Code, and, in the case of a money purchase 
     pension plan, a qualified disaster distribution which is an 
     in-service withdrawal shall be treated as meeting the 
     distribution rules of section 401(a) of such Code.
       (b) Recontributions of Withdrawals for Home Purchases.--
       (1) Recontributions.--
       (A) In general.--Any individual who received a qualified 
     distribution may, during the applicable period, make 1 or 
     more contributions in an aggregate amount not to exceed the 
     amount of such qualified distribution to an eligible 
     retirement plan (as defined in section 402(c)(8)(B) of the 
     Internal Revenue Code of 1986) of which such individual is a 
     beneficiary and to which a rollover contribution of such 
     distribution could be made under section 402(c), 403(a)(4), 
     403(b)(8), or 408(d)(3), of such Code, as the case may be.
       (B) Treatment of repayments.--Rules similar to the rules of 
     subparagraphs (B) and (C) of subsection (a)(3) shall apply 
     for purposes of this subsection.
       (2) Qualified distribution.--For purposes of this 
     subsection, the term ``qualified distribution'' means any 
     distribution--
       (A) described in section 401(k)(2)(B)(i)(IV), 
     403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of the 
     Internal Revenue Code of 1986,
       (B) which was to be used to purchase or construct a 
     principal residence in a qualified disaster area, but which 
     was not so used on account of the qualified disaster with 
     respect to such area, and
       (C) which was received during the period beginning on the 
     date which is 180 days before the first day of the incident 
     period of such qualified disaster and ending on the date 
     which is 30 days after the last day of such incident period.
       (3) Applicable period.--For purposes of this subsection, 
     the term ``applicable period'' means, in the case of a 
     principal residence in a qualified disaster area with respect 
     to any qualified disaster, the period beginning on the first 
     day of the incident period of such qualified disaster and 
     ending on the date which is 180 days after the date of the 
     enactment of this Act.
       (c) Loans From Qualified Plans.--
       (1) Increase in limit on loans not treated as 
     distributions.--In the case of any loan from a qualified 
     employer plan (as defined under section 72(p)(4) of the 
     Internal Revenue Code of 1986) to a qualified individual made 
     during the 180-day period beginning on the date of the 
     enactment of this Act--
       (A) clause (i) of section 72(p)(2)(A) of such Code shall be 
     applied by substituting `` $100,000'' for `` $50,000'', and
       (B) clause (ii) of such section shall be applied by 
     substituting ``the present value of the nonforfeitable 
     accrued benefit of the employee under the plan'' for ``one-
     half of the present value of the nonforfeitable accrued 
     benefit of the employee under the plan''.
       (2) Delay of repayment.--In the case of a qualified 
     individual (with respect to any qualified disaster) with an 
     outstanding loan (on or after the first day of the incident 
     period of such qualified disaster) from a qualified employer 
     plan (as defined in section 72(p)(4) of the Internal Revenue 
     Code of 1986)--
       (A) if the due date pursuant to subparagraph (B) or (C) of 
     section 72(p)(2) of such Code for any repayment with respect 
     to such loan occurs during the period beginning on the first 
     day of the incident period of such qualified disaster and 
     ending on the date which is 180 days after the last day of 
     such incident period, such due date shall be delayed for 1 
     year (or, if later, until the date which is 180 days after 
     the date of the enactment of this Act),
       (B) any subsequent repayments with respect to any such loan 
     shall be appropriately adjusted to reflect the delay in the 
     due date under subparagraph (A) and any interest accruing 
     during such delay, and
       (C) in determining the 5-year period and the term of a loan 
     under subparagraph (B) or (C) of section 72(p)(2) of such 
     Code, the period described in subparagraph (A) of this 
     paragraph shall be disregarded.
       (3) Qualified individual.--For purposes of this subsection, 
     the term ``qualified individual'' means any individual--
       (A) whose principal place of abode at any time during the 
     incident period of any qualified disaster is located in the 
     qualified disaster area with respect to such qualified 
     disaster, and
       (B) who has sustained an economic loss by reason of such 
     qualified disaster.
       (d) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any 
     amendment to any plan or annuity contract, such plan or 
     contract shall be treated as being operated in accordance 
     with the terms of the plan during the period described in 
     paragraph (2)(B)(i).
       (2) Amendments to which subsection applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any provision of this section, or pursuant 
     to any regulation issued by the Secretary or the Secretary of 
     Labor under any provision of this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2022, or such later date as 
     the Secretary may prescribe.
     In the case of a governmental plan (as defined in section 
     414(d) of the Internal Revenue Code of 1986), clause (ii) 
     shall be applied by substituting the date which is 2 years 
     after the date otherwise applied under clause (ii).
       (B) Conditions.--This subsection shall not apply to any 
     amendment unless--
       (i) during the period--

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

     the plan or contract is operated as if such plan or contract 
     amendment were in effect, and
       (ii) such plan or contract amendment applies retroactively 
     for such period.

     SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY 
                   QUALIFIED DISASTERS.

       (a) In General.--For purposes of section 38 of the Internal 
     Revenue Code of 1986, in the case of an eligible employer, 
     the 2020 qualified disaster employee retention credit shall 
     be treated as a credit listed at the end of subsection (b) of 
     such section. For purposes of this subsection, the 2020 
     qualified disaster employee retention credit for any taxable 
     year is an amount equal to 40 percent of the qualified wages 
     with respect to each eligible employee of such employer for 
     such taxable year. The amount of qualified wages with respect 
     to any employee which may be taken into account under this 
     subsection by the employer for any taxable year shall not 
     exceed $6,000 (reduced by the amount of qualified wages with 
     respect to such employee taken into account for any prior 
     taxable year).
       (b) Definitions.--For purposes of this section--
       (1) Eligible employer.--The term ``eligible employer'' 
     means any employer--
       (A) which conducted an active trade or business in a 
     qualified disaster zone at any time during the incident 
     period of the qualified disaster with respect to such 
     qualified disaster zone, and
       (B) with respect to whom the trade or business described in 
     subparagraph (A) is inoperable at any time during the period 
     beginning on the first day of the incident period of such 
     qualified disaster and ending on the date of the enactment of 
     this Act, as a result of damage sustained by reason of such 
     qualified disaster.
       (2) Eligible employee.--The term ``eligible employee'' 
     means with respect to an eligible employer an employee whose 
     principal place of employment with such eligible employer 
     (determined immediately before the qualified disaster 
     referred to in paragraph (1)) was in the qualified disaster 
     zone referred to in such paragraph.

[[Page H7819]]

       (3) Qualified wages.--The term ``qualified wages'' means 
     wages (as defined in section 51(c)(1) of the Internal Revenue 
     Code of 1986, but without regard to section 3306(b)(2)(B) of 
     such Code) paid or incurred by an eligible employer with 
     respect to an eligible employee at any time on or after the 
     date on which the trade or business described in paragraph 
     (1) first became inoperable at the principal place of 
     employment of the employee (determined immediately before the 
     qualified disaster referred to in such paragraph) and before 
     the earlier of--
       (A) the date on which such trade or business has resumed 
     significant operations at such principal place of employment, 
     or
       (B) the date which is 150 days after the last day of the 
     incident period of the qualified disaster referred to in 
     paragraph (1).
     Such term shall include wages paid without regard to whether 
     the employee performs no services, performs services at a 
     different place of employment than such principal place of 
     employment, or performs services at such principal place of 
     employment before significant operations have resumed. Such 
     term shall not include any wages taken into account under 
     section 2301 of the CARES Act.
       (c) Special Rules.--
       (1) Denial of double benefit.--Any wages taken into account 
     in determining any credit allowed under this section shall 
     not be taken into account as wages for purposes of sections 
     41, 45A, 45P, 45S, 51, and 1396 of the Internal Revenue Code 
     of 1986.
       (2) Certain other rules to apply.--For purposes of this 
     section, rules similar to the rules of sections 51(i)(1), 52, 
     and 280C(a) of the Internal Revenue Code of 1986 shall apply.
       (d) Payroll Tax Credit for Certain Tax-exempt 
     Organizations.--
       (1) In general.--In the case of any qualified tax-exempt 
     organization, there shall be allowed as a credit against the 
     tax imposed by section 3111(a) of the Internal Revenue Code 
     of 1986 on wages paid with respect to employment of all 
     employees of the organization during the calendar quarter an 
     amount equal to 40 percent of the qualified wages paid to 
     eligible employees of such organization during such calendar 
     quarter.
       (2) Application of aggregate dollar limitation per 
     employee.--The amount of qualified wages with respect to any 
     employee which may be taken into account under this 
     subsection by the employer for any calendar quarter shall not 
     exceed $6,000 (reduced by the amount of qualified wages with 
     respect to which credit was allowed under this subsection for 
     any prior calendar quarter with respect to such employee).
       (3) Overall limitation.--
       (A) In general.--The aggregate amount allowed as a credit 
     under this subsection for all eligible employees of any 
     employer for any calendar quarter shall not exceed the amount 
     of the tax imposed by section 3111(a) of the Internal Revenue 
     Code of 1986 on wages paid with respect to employment of all 
     employees of such employer during such calendar quarter 
     (reduced by any credits allowed under subsections (e) and (f) 
     of section 3111 of such Code for such quarter).
       (B) Carryforward.--If the amount of the credit under 
     paragraph (1) exceeds the limitation of subparagraph (A) for 
     any calendar quarter, such excess shall be carried to the 
     succeeding calendar quarter and allowed as a credit under 
     paragraph (1) for such quarter.
       (C) Coordination with other payroll tax credits.--
       (i) Section 7001(b)(3) of the Families First Coronavirus 
     Response Act is amended by inserting ``, and section 303(d) 
     of the Taxpayer Certainty and Disaster Tax Relief Act of 
     2020,'' after ``subsections (e) and (f) of section 3111 of 
     such Code''.
       (ii) Section 7003(b)(2) of the Families First Coronavirus 
     Response Act is amended by striking ``and section 7001 of 
     this Act,'' and inserting ``section 7001 of this Act, and 
     section 303(d) of the Taxpayer Certainty and Disaster Tax 
     Relief Act of 2020,''.
       (iii) Section 2301(b)(2) of the CARES Act is amended by 
     striking ``and sections 7001 and 7003 of the Families First 
     Coronavirus Response Act'' and inserting ``, sections 7001 
     and 7003 of the Families First Coronavirus Response Act, and 
     section 303(d) of the Taxpayer Certainty and Disaster Tax 
     Relief Act of 2020''.
       (4) Definitions.--
       (A) Qualified tax-exempt organization.--For purposes of 
     this subsection, the term ``qualified tax-exempt 
     organization'' means an organization described in section 
     501(c) of the Internal Revenue Code of 1986 and exempt from 
     taxation under section 501(a) of such Code if such 
     organization would be an eligible employer if the activities 
     of such organization were an active trade or business.
       (B) Application of certain terms with respect to qualified 
     tax-exempt organizations.--For purposes of this subsection, 
     the terms ``eligible employee'' and ``qualified wages'' shall 
     be applied with respect to any qualified tax-exempt 
     organization--
       (i) by treating the activities of such organization as an 
     active trade or business, and
       (ii) by substituting ``wages (within the meaning of 
     subsection (d)(4)(C))'' for ``wages (as defined in section 
     51(c)(1) of the Internal Revenue Code of 1986, but without 
     regard to section 3306(b)(2)(B) of such Code)'' in subsection 
     (b)(3).
       (C) Other terms.--Except as otherwise provided in this 
     subsection, any term used in this subsection which is also 
     used in chapter 21 or 22 of the Internal Revenue Code of 1986 
     shall have the same meaning as when used in such chapter.
       (5) Transfers to certain trust funds.--There are hereby 
     appropriated to the Federal Old-Age and Survivors Insurance 
     Trust Fund and the Federal Disability Insurance Trust Fund 
     established under section 201 of the Social Security Act (42 
     U.S.C. 401) and the Social Security Equivalent Benefit 
     Account established under section 15A(a) of the Railroad 
     Retirement Act of 1974 (45 U.S.C. 231n-1(a)) amounts equal to 
     the reduction in revenues to the Treasury by reason of this 
     subsection (without regard to this paragraph). Amounts 
     appropriated by the preceding sentence shall be transferred 
     from the general fund at such times and in such manner as to 
     replicate to the extent possible the transfers which would 
     have occurred to such Trust Fund or Account had this 
     subsection not been enacted.
       (6) Treatment of deposits.--The Secretary shall waive any 
     penalty under section 6656 of such Code for any failure to 
     make a deposit of applicable employment taxes if the 
     Secretary determines that such failure was due to the 
     anticipation of the credit allowed under this subsection.
       (7) Third party payors.--Any credit allowed under this 
     subsection shall be treated as a credit described in section 
     3511(d)(2) of such Code.
       (8) Coordination with subsection (a) credit.--Any wages 
     taken into account in determining the credit allowed under 
     this subsection shall not be take into account as wages for 
     purposes of subsection (a).
       (9) Regulations and guidance.--The Secretary shall issue 
     such forms, instructions, regulations, and guidance as are 
     necessary--
       (A) to allow the advance payment of the credit under 
     paragraph (1), subject to the limitations provided in this 
     subsection, based on such information as the Secretary shall 
     require,
       (B) regulations or other guidance to provide for the 
     reconciliation of such advance payment with the amount of the 
     credit under this subsection at the time of filing the return 
     of tax for the applicable quarter or taxable year,
       (C) with respect to the application of the credit under 
     paragraph (1) to third party payors (including professional 
     employer organizations, certified professional employer 
     organizations, or agents under section 3504 of the Internal 
     Revenue Code of 1986), including regulations or guidance 
     allowing such payors to submit documentation necessary to 
     substantiate the eligible employer status of employers that 
     use such payors, and
       (D) for recapturing the benefit of credits determined under 
     this subsection in cases where there is a subsequent 
     adjustment to the credit determined under paragraph (1).
       (e) Election to Not Take Certain Wages Into Account.--
       (1) In general.--This section shall not apply to qualified 
     wages paid by an eligible employer with respect to which such 
     employer makes an election (at such time and in such manner 
     as the Secretary may prescribe) to have this section not 
     apply to such wages.
       (2) Coordination with paycheck protection program.--The 
     Secretary, in consultation with the Administrator of the 
     Small Business Administration, shall issue guidance providing 
     that payroll costs paid or incurred during the covered period 
     shall not fail to be treated as qualified wages under this 
     section by reason of an election under paragraph (1) to the 
     extent that a covered loan of the eligible employer is not 
     forgiven by reason of a decision under section 7A(g) of the 
     Small Business Act. Terms used in the preceding sentence 
     which are also used in section 7A(g) of such Act shall have 
     the same meaning as when used in such section.
       (f) Certain Governmental Employers.--
       (1) In general.--The credits under this section shall not 
     apply to the Government of the United States, the government 
     of any State or political subdivision thereof, or any agency 
     or instrumentality of any of the foregoing.
       (2) Exception.--Paragraph (1) shall not apply to--
       (A) any organization described in section 501(c)(1) of the 
     Internal Revenue Code of 1986 and exempt from tax under 
     section 501(a) of such Code, or
       (B) any entity described in paragraph (1) if --
       (i) such entity is a college or university, or
       (ii) the principal purpose or function of such entity is 
     providing medical or hospital care.
     An entity described in subparagraph (B) shall be treated for 
     purposes of this section in the same manner as an 
     organization described in section 501(c) of the Internal 
     Revenue Code of 1986 and exempt from tax under section 501(a) 
     of such Code.
       (g) Amendment to Paycheck Protection Program.--Section 
     7A(a)(12) of the Small Business Act (as redesignated, 
     transferred, and amended by the Economic Aid to Hard-Hit 
     Small Businesses, Nonprofits, and Venues Act and as amended 
     by section 206(c) of this division) is amended by adding at 
     the end the following: ``Such payroll costs shall not include 
     qualified wages taken into account in determining the credit 
     allowed under subsection (a) or (d) of section 303 of the 
     Taxpayer Certainty and Disaster Tax Relief Act of 2020.''.

     SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.

       (a) Special Rules for Qualified Disaster Relief 
     Contributions.--
       (1) In general.--In the case of a qualified disaster relief 
     contribution made by a corporation--
       (A) section 2205(a)(2)(B) of the CARES Act shall be applied 
     first to qualified contributions without regard to any 
     qualified disaster relief contributions and then separately 
     to such qualified disaster relief contribution, and
       (B) in applying such section to such qualified disaster 
     relief contributions, clause (i) thereof shall be applied--
       (i) by substituting ``100 percent'' for ``25 percent'', and
       (ii) by treating qualified contributions other than 
     qualified disaster relief contributions as contributions 
     allowed under section 170(b)(2) of the Internal Revenue Code 
     of 1986.
       (2) Qualified disaster relief contribution.--For purposes 
     of this subsection, the term

[[Page H7820]]

     ``qualified disaster relief contribution'' means any 
     qualified contribution (as defined in section 2205(a)(3) of 
     the CARES Act) if--
       (A) such contribution--
       (i) is paid, during the period beginning on January 1, 
     2020, and ending on the date which is 60 days after the date 
     of the enactment of this Act, and
       (ii) is made for relief efforts in one or more qualified 
     disaster areas,
       (B) the taxpayer obtains from such organization 
     contemporaneous written acknowledgment (within the meaning of 
     section 170(f)(8) of such Code) that such contribution was 
     used (or is to be used) for relief efforts described in 
     subparagraph (A)(ii), and
       (C) the taxpayer has elected the application of this 
     subsection with respect to such contribution.
       (3) Cross-reference.--For the suspension of the limitation 
     on qualified disaster relief contributions made by an 
     individual during 2020, see section 2205(a) of the CARES Act.
       (b) Special Rules for Qualified Disaster-related Personal 
     Casualty Losses.--
       (1) In general.--If an individual has a net disaster loss 
     for any taxable year--
       (A) the amount determined under section 165(h)(2)(A)(ii) of 
     the Internal Revenue Code of 1986 shall be equal to the sum 
     of--
       (i) such net disaster loss, and
       (ii) so much of the excess referred to in the matter 
     preceding clause (i) of section 165(h)(2)(A) of such Code 
     (reduced by the amount in clause (i) of this subparagraph) as 
     exceeds 10 percent of the adjusted gross income of the 
     individual,
       (B) in the case of qualified disaster-related personal 
     casualty losses, section 165(h)(1) of such Code shall be 
     applied to by substituting `` $500'' for `` $500 ( $100 for 
     taxable years beginning after December 31, 2009)'',
       (C) the standard deduction determined under section 63(c) 
     of such Code shall be increased by the net disaster loss, and
       (D) section 56(b)(1)(E) of such Code shall not apply to so 
     much of the standard deduction as is attributable to the 
     increase under subparagraph (C) of this paragraph.
       (2) Net disaster loss.--For purposes of this subsection, 
     the term ``net disaster loss'' means the excess of qualified 
     disaster-related personal casualty losses over personal 
     casualty gains (as defined in section 165(h)(3)(A) of the 
     Internal Revenue Code of 1986).
       (3) Qualified disaster-related personal casualty losses.--
     For purposes of this subsection, the term ``qualified 
     disaster-related personal casualty losses'' means losses 
     described in section 165(c)(3) of the Internal Revenue Code 
     of 1986 which arise in a qualified disaster area on or after 
     the first day of the incident period of the qualified 
     disaster to which such area relates, and which are 
     attributable to such qualified disaster.

     SEC. 305. LOW-INCOME HOUSING TAX CREDIT.

       (a) Additional Low-income Housing Credit Allocations.--
       (1) In general.--For purposes of section 42 of the Internal 
     Revenue Code of 1986, the State housing credit ceiling for 
     any State for each of calendar years 2021 and 2022 shall be 
     increased by the aggregate housing credit dollar amount 
     allocated by the State housing credit agencies of such State 
     for such calendar year to buildings located in any qualified 
     disaster zone in such State.
       (2) Limitation.--
       (A) Application of aggregate limitation.--The increase 
     determined under paragraph (1) with respect to any State 
     shall not exceed--
       (i) in the case of any such increase determined for 
     calendar year 2021, the applicable dollar limitation for such 
     State, and
       (ii) in the case of any such increase determined for 
     calendar year 2022, the applicable dollar limitation for such 
     State reduced by the amount of any increase determined under 
     paragraph (1) with respect to such State for calendar year 
     2021.
       (B) Applicable dollar limitation.--For purposes of this 
     paragraph, the term ``applicable dollar limitation'' means, 
     with respect to any State, the lesser of--
       (i) the product of $3.50 multiplied by the population of 
     such State (as determined for calendar year 2020) which 
     resides in qualified disaster zones in such State, or
       (ii) 65 percent of the State housing credit ceiling for 
     such State for calendar year 2020.
       (3) Extension of placed in service deadline for designated 
     housing credit dollar amounts.--
       (A) In general.--In the case of any housing credit dollar 
     amount which is allocated by a State housing credit agency of 
     a State for calendar year 2021 or 2022 to a building located 
     in a qualified disaster zone in such State and which is 
     designated (at such time and in such manner as the Secretary 
     may provide) by such State housing credit agency as housing 
     credit dollar amount to which this paragraph applies, section 
     42(h)(1)(E) of the Internal Revenue Code of 1986 shall be 
     applied--
       (i) by substituting ``third calendar year'' for ``second 
     calendar year'' both places it appears, and
       (ii) by substituting ``2 years'' for ``1 year'' in clause 
     (ii) thereof.
       (B) Application of limitation.--The aggregate amount of 
     housing credit dollar amount designated under subparagraph 
     (A) for any calendar year by all State housing credit 
     agencies of a State shall not exceed the amount determined 
     under paragraph (2)(A) with respect to such State for such 
     calendar year.
       (4) Allocations treated as made first from additional 
     allocation for purposes of determining carryover.--For 
     purposes of determining the unused State housing credit 
     ceiling for any calendar year under section 42(h)(3)(C) of 
     the Internal Revenue Code of 1986, any increase in the State 
     housing credit ceiling under paragraph (1) shall be treated 
     as an amount described in clause (ii) of such section.

     SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.

       (a) Payments to Possessions With Mirror Code Tax Systems.--
     The Secretary of the Treasury shall pay to each possession of 
     the United States which has a mirror code tax system amounts 
     equal to the loss (if any) to that possession by reason of 
     the application of the provisions of this title. Such amounts 
     shall be determined by the Secretary of the Treasury based on 
     information provided by the government of the respective 
     possession.
       (b) Payments to Other Possessions.--The Secretary of the 
     Treasury shall pay to each possession of the United States 
     which does not have a mirror code tax system amounts 
     estimated by the Secretary of the Treasury as being equal to 
     the aggregate benefits (if any) that would have been provided 
     to residents of such possession by reason of the provisions 
     of this title if a mirror code tax system had been in effect 
     in such possession. The preceding sentence shall not apply 
     unless the respective possession has a plan, which has been 
     approved by the Secretary of the Treasury, under which such 
     possession will promptly distribute such payments to its 
     residents.
       (c) Mirror Code Tax System.--For purposes of this section, 
     the term ``mirror code tax system'' means, with respect to 
     any possession of the United States, the income tax system of 
     such possession if the income tax liability of the residents 
     of such possession under such system is determined by 
     reference to the income tax laws of the United States as if 
     such possession were the United States.
       (d) Treatment of Payments.--For purposes of section 1324 of 
     title 31, United States Code, the payments under this section 
     shall be treated in the same manner as a refund due from a 
     credit provision referred to in subsection (b)(2) of such 
     section.

                       DIVISION FF--OTHER MATTER

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

     SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN 
                   INSTITUTIONS.

       (a) In General.--Section 3510 of the CARES Act (20 U.S.C. 
     1001 note) is amended--
       (1) in subsection (a), by striking ``for the duration of 
     such emergency'' and all that follows through the period at 
     the end and inserting ``for purposes of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) until 
     the end of the covered period applicable to the 
     institution.'';
       (2) in subsection (b), by striking ``for the duration of 
     the qualifying emergency and the following payment period for 
     purposes of title IV of the Higher Education Act of 1965 (20 
     U.S.C. 1070 et seq.).'' and inserting ``until the end of the 
     covered period applicable to the institution.'';
       (3) in subsection (c), by striking ``for the duration of 
     the qualifying emergency and the following payment period,'' 
     and inserting ``until all covered periods for foreign 
     institutions carrying out a distance education program 
     authorized under this section have ended,'';
       (4) in subsection (d)--
       (A) in paragraph (1)--
       (i) by striking ``for the duration of a qualifying 
     emergency and the following payment period,'' and inserting 
     ``until the end of the covered period applicable to a foreign 
     institution,''; and
       (ii) by striking ``allow a foreign institution'' and 
     inserting ``allow the foreign institution'';
       (B) in each of subparagraphs (A) and (B) of paragraph (2), 
     by striking ``subsection (a)'' and inserting ``paragraph 
     (1)'';
       (C) in paragraph (3)(B), by striking ``30 days'' and 
     inserting ``10 days''; and
       (D) in paragraph (4)--
       (i) by striking ``for the duration of the qualifying 
     emergency and the following payment period,'' and inserting 
     ``until all covered periods for foreign institutions that 
     entered into written arrangements under paragraph (1) have 
     ended,''; and
       (ii) by striking ``identifies each foreign institution that 
     entered into a written arrangement under subsection (a).'' 
     and inserting the following: identifies, for each such 
     foreign institution--
       ``(A) the name of the foreign institution;
       ``(B) the name of the institution of higher education 
     located in the United States that has entered into a written 
     arrangement with such foreign institution; and
       ``(C) information regarding the nature of such written 
     arrangement, including which coursework or program 
     requirements are accomplished at each respective 
     institution.''; and
       (5) by adding at the end the following:
       ``(e) Definition of Covered Period.--
       ``(1) In general.--In this section, the term `covered 
     period', when used with respect to a foreign institution of 
     higher education, means the period--
       ``(A) beginning on the first day of--
       ``(i) a qualifying emergency; or
       ``(ii) a public health emergency, major disaster or 
     emergency, or national emergency declared by the applicable 
     government authorities in the country in which the foreign 
     institution is located; and
       ``(B) ending on the later of--
       ``(i) subject to paragraph (2), the last day of the payment 
     period, for purposes of title IV of the Higher Education Act 
     of 1965 (20 U.S.C. 1070 et seq.), following the end of any 
     qualifying emergency or any emergency or disaster described 
     in subparagraph (A)(ii) applicable to the foreign 
     institution; or

[[Page H7821]]

       ``(ii) June 30, 2022.
       ``(2) Special rule for certain payment periods.--For 
     purposes of subparagraph (B)(i), if the following payment 
     period for an award year ends before June 30 of such award 
     year, the covered period shall be extended until June 30 of 
     such award year.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if included in the enactment of the 
     CARES Act (Public Law 116-136).

     SEC. 102. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT 
                   ELIGIBLE FOR COLLECTION PURSUANT TO QUALIFIED 
                   TAX COLLECTION CONTRACTS.

       (a) In General.--Section 1106 of the Social Security Act 
     (42 U.S.C. 1306) is amended by adding at the end the 
     following:
       ``(g) Notwithstanding any other provision of this section, 
     the Commissioner of Social Security shall enter into an 
     agreement with the Secretary of the Treasury under which--
       ``(1) if the Secretary provides the Commissioner with the 
     information described in section 6103(k)(15) of the Internal 
     Revenue Code of 1986 with respect to any individual, the 
     Commissioner shall indicate to the Secretary as to whether 
     such individual receives disability insurance benefits under 
     section 223 or supplemental security income benefits under 
     title XVI (including State supplementary payments of the type 
     referred to in section 1616(a) or payments of the type 
     described in section 212(a) of Public Law 93-66);
       ``(2) appropriate safeguards are included to assure that 
     the indication described in paragraph (1) will be used solely 
     for the purpose of determining if tax receivables involving 
     such individual are not eligible for collection pursuant to a 
     qualified tax collection contract by reason of section 
     6306(d)(3)(E) of the Internal Revenue Code of 1986; and
       ``(3) the Secretary shall pay the Commissioner of Social 
     Security the full costs (including systems and administrative 
     costs) of providing the indication described in paragraph 
     (1).''.
       (b) Authorization of Disclosure by Secretary of the 
     Treasury.--
       (1) In general.--Section 6103(k) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(15) Disclosures to social security administration to 
     identify tax receivables not eligible for collection pursuant 
     to qualified tax collection contracts.--In the case of any 
     individual involved with a tax receivable which the Secretary 
     has identified for possible collection pursuant to a 
     qualified tax collection contract (as defined in section 
     6306(b)), the Secretary may disclose the taxpayer identity 
     and date of birth of such individual to officers, employees, 
     and contractors of the Social Security Administration to 
     determine if such tax receivable is not eligible for 
     collection pursuant to such a qualified tax collection 
     contract by reason of section 6306(d)(3)(E).''.
       (2) Conforming amendments related to safeguards.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (14)'' and inserting ``(14), or (15)''.
       (B) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``(k)(8), (10) or (11)'' both places it 
     appears and inserting ``(k)(8), (10), (11), or (15)'', and
       (ii) by striking ``any other person described in subsection 
     (k)(10)'' each place it appears and inserting ``any other 
     person described in subsection (k)(10) or (15)''.
       (C) Section 7213(a)(2) of such Code is amended by striking 
     ``(k)(10), (13), or (14)'' and inserting ``(k)(10), (13), 
     (14), or (15)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to disclosures made on or after the date of the 
     enactment of this Act.

     SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER 
                   RETURN INFORMATION.

       (a) Amendments to the Internal Revenue Code of 1986.--
       (1) In general.--Subparagraph (D) of section 6103(l)(13) of 
     the Internal Revenue Code of 1986 is amended--
       (A) by inserting at the end of clause (iii) the following 
     new sentence: ``Under such terms and conditions as may be 
     prescribed by the Secretary, after consultation with the 
     Department of Education, an institution of higher education 
     described in subclause (I) or a State higher education agency 
     described in subclause (II) may designate a contractor of 
     such institution or state agency to receive return 
     information on behalf of such institution or state agency to 
     administer aspects of the institution's or state agency's 
     activities for the application, award, and administration of 
     such financial aid.'', and
       (B) by adding at the end the following:
       ``(iv) Redisclosure to office of inspector general, 
     independent auditors, and contractors.--Any return 
     information which is redisclosed under clause (iii)--

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

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

       (I) in clause (i)--

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

       ``(I) the''; and

       (bb) by adding at the end the following:

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

       (iii) in subparagraph (B), by striking ``disclosure 
     described in subparagraph (A)(i)'' and inserting 
     ``disclosures described in subclauses (I) and (II) of 
     subparagraph (A)(i)'';
       (B) in subsection (a)(2)(A)(ii), by striking 
     ``affirmatively approve the disclosure described in paragraph 
     (1)(A)(i) and agree that such approval shall serve as an 
     ongoing approval of such disclosure until the date on which 
     the individual elects to opt out of such disclosure'' and 
     inserting ``affirmatively approve the disclosures described 
     in subclauses (I) and (II) of paragraph (1)(A)(i), to the 
     extent applicable, and agree that such approval shall serve 
     as an ongoing approval of such disclosures until the date on 
     which the individual elects to opt out of such disclosures''; 
     and
       (C) by adding at the end the following:
       ``(c) Access to FAFSA Information.--
       ``(1) Redisclosure of information.--The information in a 
     complete, unredacted Student Aid Report (including any return 
     information disclosed under section 6103(l)(13) of the 
     Internal Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with 
     respect to an application described in subsection (a)(1) of 
     an applicant for Federal student financial aid--
       ``(A) upon request for such information by such applicant, 
     shall be provided to such applicant by--
       ``(i) the Secretary; or
       ``(ii) in a case in which the Secretary has requested that 
     institutions of higher education carry out the requirements 
     of this subparagraph, an institution of higher education that 
     has received such information; and
       ``(B) with the written consent by the applicant to an 
     institution of higher education, may be provided by such 
     institution of higher education as is necessary to a 
     scholarship granting organization (including a tribal 
     organization (defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304))), or to an organization assisting the applicant in 
     applying for and receiving Federal, State, local, or tribal 
     assistance, that is designated by the applicant to assist the 
     applicant in applying for and receiving financial assistance 
     for any component of the applicant's cost of attendance 
     (defined in section 472) at that institution.
       ``(2) Discussion of information.--A discussion of the 
     information in an application described in subsection (a)(1) 
     (including any return information disclosed under section 
     6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 
     6103(l)(13)) of an applicant between an institution of higher 
     education and the applicant may, with the written consent of 
     the applicant, include an individual selected by the 
     applicant (such as an advisor) to participate in such 
     discussion.
       ``(3) Restriction on disclosing information.--A person 
     receiving information under paragraph (1)(B) or (2) with 
     respect to an applicant shall not use the information for any 
     purpose other than the express purpose for which consent was 
     granted by the applicant and shall not disclose such 
     information to any other person without the express 
     permission of, or request by, the applicant.

[[Page H7822]]

       ``(4) Definitions.--In this subsection:
       ``(A) Student aid report.--The term `Student Aid Report' 
     has the meaning given the term in section 668.2 of title 34, 
     Code of Federal Regulations (or successor regulations).
       ``(B) Written consent.--The term `written consent' means a 
     separate, written document that is signed and dated (which 
     may include by electronic format) by an applicant, which--
       ``(i) indicates that the information being disclosed 
     includes return information disclosed under section 
     6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 
     6103(l)(13)) with respect to the applicant;
       ``(ii) states the purpose for which the information is 
     being disclosed; and
       ``(iii) states that the information may only be used for 
     the specific purpose and no other purposes.
       ``(5) Record keeping requirement.--An institution of higher 
     education shall--
       ``(A) keep a record of each written consent made under this 
     subsection for a period of at least 3 years from the date of 
     the student's last date of attendance at the institution; and
       ``(B) make each such record readily available for review by 
     the Secretary.''.
       (2) Conforming amendment.--Section 494(a)(3) of the Higher 
     Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by 
     striking ``paragraph (1)(A)(i)'' both places the term appears 
     and inserting ``paragraph (1)(A)(i)(I)''.

     SEC. 104. RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH AND 
                   8TH GRADE ASSESSMENT AND ALIGNMENT OF THE 
                   MANDATED QUADRENNIAL 12TH GRADE ASSESSMENT.

       (a) Current Assessment Administration Rescheduling.--
     Notwithstanding any other provision of law and due to the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19--
       (1) the biennial 4th and 8th grade reading and mathematics 
     assessments scheduled to be conducted during the 2020-2021 
     school year in accordance with paragraphs (2)(B) and 
     (3)(A)(i) of section 303(b) of the National Assessment of 
     Educational Progress Authorization Act (20 U.S.C. 9622(b)) 
     and, as practicable and subject to the discretion of the 
     National Assessment Governing Board, the Trial Urban District 
     Assessment, shall be conducted during the 2021-2022 school 
     year; and
       (2) the next quadrennial 12th grade reading and mathematics 
     assessments carried out in accordance with section 
     303(b)(2)(C) of the National Assessment of Educational 
     Progress Authorization Act (20 U.S.C. 9622(b)(2)(C)) after 
     the date of enactment of this section, shall be conducted 
     during the 2023-2024 school year.
       (b) Future Assessment Administration.--In accordance with 
     section 303(b)(2)(B) of the National Assessment of 
     Educational Progress Authorization Act (20 U.S.C. 
     9622(b)(2)(B)), the next biennial assessments following the 
     2021-2022 administration, as authorized under subsection (a), 
     shall occur in the 2023-2024 school year and, as practicable 
     and subject to the discretion of the National Assessment 
     Governing Board, the next Trial Urban District Assessment 
     following the 2021-2022 administration, as authorized under 
     subsection (a), shall occur in the 2023-2024 school year.

                         TITLE II--PUBLIC LANDS

     SEC. 201. SAGUARO NATIONAL PARK BOUNDARY EXPANSION.

       (a) Short Title.--This section may be cited as the 
     ``Saguaro National Park Boundary Expansion Act''.
       (b) Boundary of Saguaro National Park.--Section 4 of the 
     Saguaro National Park Establishment Act of 1994 (Public Law 
     103-364; 108 Stat. 3467) is amended--
       (1) in subsection (a)--
       (A) by inserting ``(1)'' before ``The boundaries of the 
     park''; and
       (B) by adding at the end the following:
       ``(2)(A) The boundaries of the park are further modified to 
     include approximately 1,152 acres, as generally depicted on 
     the map titled `Saguaro National Park Proposed Boundary 
     Adjustment', numbered 151/80,045G, and dated December 2020.
       ``(B) The map referred to in subparagraph (A) shall be on 
     file and available for inspection in the appropriate offices 
     of the National Park Service.''; and
       (2) by striking subsection (b)(2) and inserting the 
     following new paragraphs:
       ``(2) The Secretary may, with the consent of the State of 
     Arizona and in accordance with Federal and State law, acquire 
     land or interests therein owned by the State of Arizona 
     within the boundary of the park.
       ``(3) If the Secretary is unable to acquire the State land 
     under paragraph (2), the Secretary may enter into an 
     agreement with the State that would allow the National Park 
     Service to manage State land within the boundary of the 
     park.''.

     SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE 
                   DESIGNATION.

       (a) Short Title.--This section may be cited as the ``New 
     River Gorge National Park and Preserve Designation Act''.
       (b) Designation of New River Gorge National Park and New 
     River Gorge National Preserve, West Virginia.--
       (1) Redesignation.--The New River Gorge National River 
     established under section 1101 of the National Parks and 
     Recreation Act of 1978 (16 U.S.C. 460m-15) shall be known and 
     designated as the ``New River Gorge National Park and 
     Preserve'', consisting of--
       (A) the New River Gorge National Park; and
       (B) the New River Gorge National Preserve.
       (2) New river gorge national park.--The boundaries of the 
     New River Gorge National Park referred to in paragraph (1)(A) 
     shall be the boundaries depicted as ``Proposed National Park 
     Area'' on the map entitled ``New River Gorge National Park 
     and Preserve Proposed Boundary'', numbered 637/163,199A, and 
     dated September 2020.
       (3) New river gorge national preserve; boundary.--The 
     boundaries of the New River Gorge National Preserve referred 
     to in paragraph (1)(B) shall be the boundaries depicted as 
     ``Proposed National Preserve Area'' on the map entitled ``New 
     River Gorge National Park and Preserve Proposed Boundary'', 
     numbered 637/163,199A, and dated September 2020.
       (c) Administration.--
       (1) In general.--The New River Gorge National Park and 
     Preserve shall be administered by the Secretary of the 
     Interior (referred to in this section as the ``Secretary'') 
     in accordance with--
       (A) this section;
       (B) the laws generally applicable to units of the National 
     Park System, including--
       (i) section 100101(a), chapter 1003, and sections 
     100751(a), 100752, 100753, and 102101 of title 54, United 
     States Code; and
       (ii) chapter 3201 of title 54, United States Code; and
       (C) title XI of the National Parks and Recreation Act of 
     1978 (16 U.S.C. 460m-15 et seq.), except that the provisions 
     of section 1106 of that Act (16 U.S.C. 460m-20) relating to 
     hunting shall not apply to the New River Gorge National Park.
       (2) Hunting and fishing.--
       (A) Hunting.--Hunting within the New River Gorge National 
     Preserve shall be administered by the Secretary--
       (i) in the same manner as hunting was administered on the 
     day before the date of enactment of this Act in those 
     portions of the New River Gorge National River designated as 
     the New River Gorge National Preserve by subsection (b)(3); 
     and
       (ii) in accordance with--

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

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

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

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

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

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

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

       (ii) Administration.--On acquisition of the land under 
     clause (i), the acquired land shall be administered as part 
     of the New River Gorge National Park or the New River Gorge 
     National Preserve, as appropriate.
       (4) Commercial recreational watercraft services.--
     Commercial recreational watercraft services within the New 
     River Gorge National Park and Preserve shall be administered 
     by the Secretary in accordance with section 402 of the West 
     Virginia National Interest River Conservation Act of 1987 (16 
     U.S.C. 460m-15 note; Public Law 100-534).
       (5) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     New River Gorge National River shall be considered to be a 
     reference to the ``New River Gorge National Park'' or the 
     ``New River Gorge National Preserve'', as appropriate.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 203. DESIGNATION OF MIRACLE MOUNTAIN.

       (a) Short Title.--This section may be cited as the 
     ``Miracle Mountain Designation Act''.
       (b) Findings.--Congress finds as follows:
       (1) On September 13, 2018, the Bald Mountain Fire burned 
     nearly 20,000 acres of land in Utah.
       (2) Elk Ridge City, located in Utah County, was nearly the 
     victim of this fire.
       (3) Suddenly, the fire halted its progression and, instead 
     of burning into Elk Ridge City, stayed behind the mountain 
     and spared the city.
       (4) Congress, in acknowledgment of this event, believes 
     this mountain holds special significance to the residents of 
     Elk Ridge City and surrounding communities.
       (5) The presently unnamed peak has been referred to as 
     ``Miracle Mountain'' by many residents since the fire that 
     nearly went into Elk Ridge City.

[[Page H7823]]

       (c) Designation.--The mountain in the State of Utah, 
     located at 39 59' 02N, 111 40' 12W, shall be known and 
     designated as ``Miracle Mountain''.
       (d) References.--Any reference in a law, map, regulation, 
     document, record, or other paper of the United States to the 
     mountain described in subsection (c) shall be considered to 
     be a reference to ``Miracle Mountain''.

    TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS

    Subtitle A--Robert Levinson Hostage Recovery and Hostage-taking 
                           Accountability Act

     SEC. 301. SHORT TITLE.

       This subtitle may be cited as the ``Robert Levinson Hostage 
     Recovery and Hostage-Taking Accountability Act''.

     SEC. 302. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY 
                   OR WRONGFULLY DETAINED ABROAD.

       (a) Review.--The Secretary of State shall review the cases 
     of United States nationals detained abroad to determine if 
     there is credible information that they are being detained 
     unlawfully or wrongfully, based on criteria which may include 
     whether--
       (1) United States officials receive or possess credible 
     information indicating innocence of the detained individual;
       (2) the individual is being detained solely or 
     substantially because he or she is a United States national;
       (3) the individual is being detained solely or 
     substantially to influence United States Government policy or 
     to secure economic or political concessions from the United 
     States Government;
       (4) the detention appears to be because the individual 
     sought to obtain, exercise, defend, or promote freedom of the 
     press, freedom of religion, or the right to peacefully 
     assemble;
       (5) the individual is being detained in violation of the 
     laws of the detaining country;
       (6) independent nongovernmental organizations or 
     journalists have raised legitimate questions about the 
     innocence of the detained individual;
       (7) the United States mission in the country where the 
     individual is being detained has received credible reports 
     that the detention is a pretext for an illegitimate purpose;
       (8) the individual is detained in a country where the 
     Department of State has determined in its annual human rights 
     reports that the judicial system is not independent or 
     impartial, is susceptible to corruption, or is incapable of 
     rendering just verdicts;
       (9) the individual is being detained in inhumane 
     conditions;
       (10) due process of law has been sufficiently impaired so 
     as to render the detention arbitrary; and
       (11) United States diplomatic engagement is likely 
     necessary to secure the release of the detained individual.
       (b) Referrals to the Special Envoy.--Upon a determination 
     by the Secretary of State, based on the totality of the 
     circumstances, that there is credible information that the 
     detention of a United States national abroad is unlawful or 
     wrongful, and regardless of whether the detention is by a 
     foreign government or a nongovernmental actor, the Secretary 
     shall transfer responsibility for such case from the Bureau 
     of Consular Affairs of the Department of State to the Special 
     Envoy for Hostage Affairs created pursuant to section 303.
       (c) Report.--
       (1) Annual report.--
       (A) In general.--The Secretary of State shall submit to the 
     appropriate congressional committees an annual report with 
     respect to United States nationals for whom the Secretary 
     determines there is credible information of unlawful or 
     wrongful detention abroad.
       (B) Form.--The report required under this paragraph shall 
     be submitted in unclassified form, but may include a 
     classified annex if necessary.
       (2) Composition.--The report required under paragraph (1) 
     shall include current estimates of the number of individuals 
     so detained, as well as relevant information about particular 
     cases, such as--
       (A) the name of the individual, unless the provision of 
     such information is inconsistent with section 552a of title 
     5, United States Code (commonly known as the ``Privacy Act of 
     1974'');
       (B) basic facts about the case;
       (C) a summary of the information that such individual may 
     be detained unlawfully or wrongfully;
       (D) a description of specific efforts, legal and 
     diplomatic, taken on behalf of the individual since the last 
     reporting period, including a description of accomplishments 
     and setbacks; and
       (E) a description of intended next steps.
       (d) Resource Guidance.--
       (1) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act and after consulting with 
     relevant organizations that advocate on behalf of United 
     States nationals detained abroad and the Family Engagement 
     Coordinator established pursuant to section 304(c)(2), the 
     Secretary of State shall provide resource guidance in writing 
     for government officials and families of unjustly or 
     wrongfully detained individuals.
       (2) Content.--The resource guidance required under 
     paragraph (1) should include--
       (A) information to help families understand United States 
     policy concerning the release of United States nationals 
     unlawfully or wrongfully held abroad;
       (B) contact information for officials in the Department of 
     State or other government agencies suited to answer family 
     questions;
       (C) relevant information about options available to help 
     families obtain the release of unjustly or wrongfully 
     detained individuals, such as guidance on how families may 
     engage with United States diplomatic and consular channels to 
     ensure prompt and regular access for the detained individual 
     to legal counsel, family members, humane treatment, and other 
     services;
       (D) guidance on submitting public or private letters from 
     members of Congress or other individuals who may be 
     influential in securing the release of an individual; and
       (E) appropriate points of contacts, such as legal resources 
     and counseling services, who have a record of assisting 
     victims' families.

     SEC. 303. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.

       (a) Establishment.--There shall be a Special Presidential 
     Envoy for Hostage Affairs, who shall be appointed by the 
     President, by and with the advice and consent of the Senate, 
     and shall report to the Secretary of State.
       (b) Rank.--The Special Envoy shall have the rank and status 
     of ambassador.
       (c) Responsibilities.--The Special Presidential Envoy for 
     Hostage Affairs shall--
       (1) lead diplomatic engagement on United States hostage 
     policy;
       (2) coordinate all diplomatic engagements and strategy in 
     support of hostage recovery efforts, in coordination with the 
     Hostage Recovery Fusion Cell and consistent with policy 
     guidance communicated through the Hostage Response Group;
       (3) in coordination with the Hostage Recovery Fusion Cell 
     as appropriate, coordinate diplomatic engagements regarding 
     cases in which a foreign government has detained a United 
     States national and the United States Government regards such 
     detention as unlawful or wrongful;
       (4) provide senior representation from the Special Envoy's 
     office to the Hostage Recovery Fusion Cell established under 
     section 304 and the Hostage Response Group established under 
     section 305; and
       (5) ensure that families of United States nationals 
     unlawfully or wrongly detained abroad receive updated 
     information about developments in cases and government 
     policy.

     SEC. 304. HOSTAGE RECOVERY FUSION CELL.

       (a) Establishment.--The President shall establish an 
     interagency Hostage Recovery Fusion Cell.
       (b) Participation.--The President shall direct the heads of 
     each of the following executive departments, agencies, and 
     offices to make available personnel to participate in the 
     Hostage Recovery Fusion Cell:
       (1) The Department of State.
       (2) The Department of the Treasury.
       (3) The Department of Defense.
       (4) The Department of Justice.
       (5) The Office of the Director of National Intelligence.
       (6) The Federal Bureau of Investigation.
       (7) The Central Intelligence Agency.
       (8) Other agencies as the President, from time to time, may 
     designate.
       (c) Personnel.--The Hostage Recovery Fusion Cell shall 
     include--
       (1) a Director, who shall be a full-time senior officer or 
     employee of the United States Government;
       (2) a Family Engagement Coordinator who shall--
       (A) work to ensure that all interactions by executive 
     branch officials with a hostage's family occur in a 
     coordinated fashion and that the family receives consistent 
     and accurate information from the United States Government; 
     and
       (B) if directed, perform the same function as set out in 
     subparagraph (A) with regard to the family of a United States 
     national who is unlawfully or wrongfully detained abroad; and
       (3) other officers and employees as deemed appropriate by 
     the President.
       (d) Duties.--The Hostage Recovery Fusion Cell shall--
       (1) coordinate efforts by participating agencies to ensure 
     that all relevant information, expertise, and resources are 
     brought to bear to secure the safe recovery of United States 
     nationals held hostage abroad;
       (2) if directed, coordinate the United States Government's 
     response to other hostage-takings occurring abroad in which 
     the United States has a national interest;
       (3) if directed, coordinate or assist the United States 
     Government's response to help secure the release of United 
     States nationals unlawfully or wrongfully detained abroad; 
     and
       (4) pursuant to policy guidance coordinated through the 
     National Security Council--
       (A) identify and recommend hostage recovery options and 
     strategies to the President through the National Security 
     Council or the Deputies Committee of the National Security 
     Council;
       (B) coordinate efforts by participating agencies to ensure 
     that information regarding hostage events, including 
     potential recovery options and engagements with families and 
     external actors (including foreign governments), is 
     appropriately shared within the United States Government to 
     facilitate a coordinated response to a hostage-taking;
       (C) assess and track all hostage-takings of United States 
     nationals abroad and provide regular reports to the President 
     and Congress on the status of such cases and any measures 
     being taken toward the hostages' safe recovery;
       (D) provide a forum for intelligence sharing and, with the 
     support of the Director of National Intelligence, coordinate 
     the declassification of relevant information;
       (E) coordinate efforts by participating agencies to provide 
     appropriate support and assistance to hostages and their 
     families in a coordinated and consistent manner and to 
     provide families with timely information regarding 
     significant events in their cases;
       (F) make recommendations to agencies in order to reduce the 
     likelihood of United States nationals' being taken hostage 
     abroad and enhance United States Government preparation to 
     maximize the probability of a favorable outcome following a 
     hostage-taking; and
       (G) coordinate with agencies regarding congressional, 
     media, and other public inquiries pertaining to hostage 
     events.

[[Page H7824]]

       (e) Administration.--The Hostage Recovery Fusion Cell shall 
     be located within the Federal Bureau of Investigation for 
     administrative purposes.

     SEC. 305. HOSTAGE RESPONSE GROUP.

       (a) Establishment.--The President shall establish a Hostage 
     Response Group, chaired by a designated member of the 
     National Security Council or the Deputies Committee of the 
     National Security Council, to be convened on a regular basis, 
     to further the safe recovery of United States nationals held 
     hostage abroad or unlawfully or wrongfully detained abroad, 
     and to be tasked with coordinating the United States 
     Government response to other hostage-takings occurring abroad 
     in which the United States has a national interest.
       (b) Membership.--The regular members of the Hostage 
     Response Group shall include the Director of the Hostage 
     Recovery Fusion Cell, the Hostage Recovery Fusion Cell's 
     Family Engagement Coordinator, the Special Envoy appointed 
     pursuant to section 303, and representatives from the 
     Department of the Treasury, the Department of Defense, the 
     Department of Justice, the Federal Bureau of Investigation, 
     the Office of the Director of National Intelligence, the 
     Central Intelligence Agency, and other agencies as the 
     President, from time to time, may designate.
       (c) Duties.--The Hostage Recovery Group shall--
       (1) identify and recommend hostage recovery options and 
     strategies to the President through the National Security 
     Council;
       (2) coordinate the development and implementation of United 
     States hostage recovery policies, strategies, and procedures;
       (3) receive regular updates from the Hostage Recovery 
     Fusion Cell and the Special Envoy for Hostage Affairs on the 
     status of United States nationals being held hostage or 
     unlawfully or wrongfully detained abroad and measures being 
     taken to effect safe recoveries;
       (4) coordinate the provision of policy guidance to the 
     Hostage Recovery Fusion Cell, including reviewing recovery 
     options proposed by the Hostage Recovery Fusion Cell and 
     working to resolve disputes within the Hostage Recovery 
     Fusion Cell;
       (5) as appropriate, direct the use of resources at the 
     Hostage Recovery Fusion Cell to coordinate or assist in the 
     safe recovery of United States nationals unlawfully or 
     wrongfully detained abroad; and
       (6) as appropriate, direct the use of resources at the 
     Hostage Recovery Fusion Cell to coordinate the United States 
     Government response to other hostage-takings occurring abroad 
     in which the United States has a national interest.
       (d) Meetings.--The Hostage Response Group shall meet 
     regularly.
       (e) Reporting.--The Hostage Response Group shall regularly 
     provide recommendations on hostage recovery options and 
     strategies to the National Security Council.

     SEC. 306. AUTHORIZATION OF IMPOSITION OF SANCTIONS.

       (a) In General.--The President may impose the sanctions 
     described in subsection (b) with respect to any foreign 
     person the President determines, based on credible evidence--
       (1) is responsible for or is complicit in, or responsible 
     for ordering, controlling, or otherwise directing, the 
     hostage-taking of a United States national abroad or the 
     unlawful or wrongful detention of a United States national 
     abroad; or
       (2) knowingly provides financial, material, or 
     technological support for, or goods or services in support 
     of, an activity described in paragraph (1).
       (b) Sanctions Described.--The sanctions described in this 
     subsection are the following:
       (1) Ineligibility for visas, admission, or parole.--
       (A) Visas, admission, or parole.--An alien described in 
     subsection (a) may be--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--An alien described in subsection (a) may 
     be subject to revocation of any visa or other entry 
     documentation regardless of when the visa or other entry 
     documentation is or was issued.
       (ii) Immediate effect.--A revocation under clause (i) may--

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

       (2) Blocking of property.--
       (A) In general.--The President may exercise all of the 
     powers granted to the President under the International 
     Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to 
     the extent necessary to block and prohibit all transactions 
     in property and interests in property of a foreign person 
     described in subsection (a) if such property and interests in 
     property are in the United States, come within the United 
     States, or are or come within the possession or control of a 
     United States person.
       (B) Inapplicability of national emergency requirement.--The 
     requirements of section 202 of the International Emergency 
     Economic Powers Act (50 U.S.C. 1701) shall not apply for 
     purposes of this section.
       (c) Exceptions.--
       (1) Exception for intelligence activities.--Sanctions under 
     this section shall not apply to any activity subject to the 
     reporting requirements under title V of the National Security 
     Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
     intelligence activities of the United States.
       (2) Exception to comply with international obligations and 
     for law enforcement activities.--Sanctions under subsection 
     (b)(1) shall not apply with respect to an alien if admitting 
     or paroling the alien into the United States is necessary--
       (A) to permit the United States to comply with the 
     Agreement regarding the Headquarters of the United Nations, 
     signed at Lake Success June 26, 1947, and entered into force 
     November 21, 1947, between the United Nations and the United 
     States, or other applicable international obligations; or
       (B) to carry out or assist law enforcement activity in the 
     United States.
       (d) Penalties.--A person that violates, attempts to 
     violate, conspires to violate, or causes a violation of 
     subsection (b)(2) or any regulation, license, or order issued 
     to carry out that subsection shall be subject to the 
     penalties set forth in subsections (b) and (c) of section 206 
     of the International Emergency Economic Powers Act (50 U.S.C. 
     1705) to the same extent as a person that commits an unlawful 
     act described in subsection (a) of that section.
       (e) Termination of Sanctions.--The President may terminate 
     the application of sanctions under this section with respect 
     to a person if the President determines that--
       (1) information exists that the person did not engage in 
     the activity for which sanctions were imposed;
       (2) the person has been prosecuted appropriately for the 
     activity for which sanctions were imposed;
       (3) the person has credibly demonstrated a significant 
     change in behavior, has paid an appropriate consequence for 
     the activity for which sanctions were imposed, and has 
     credibly committed to not engage in an activity described in 
     subsection (a) in the future; or
       (4) the termination of the sanctions is in the national 
     security interests of the United States.
       (f) Reporting Requirement.--If the President terminates 
     sanctions pursuant to subsection (d), the President shall 
     report to the appropriate congressional committees a written 
     justification for such termination within 15 days.
       (g) Implementation of Regulatory Authority.--The President 
     may exercise all authorities provided under sections 203 and 
     205 of the International Emergency Economic Powers Act (50 
     U.S.C. 1702 and 1704) to carry out this section.
       (h) Exception Relating to Importation of Goods.--
       (1) In general.--The authorities and requirements to impose 
     sanctions authorized under this subtitle shall not include 
     the authority or a requirement to impose sanctions on the 
     importation of goods.
       (2) Good defined.--In this paragraph, the term ``good'' 
     means any article, natural or manmade substance, material, 
     supply or manufactured product, including inspection and test 
     equipment, and excluding technical data.
       (i) Definitions.--In this section:
       (1) Foreign person.--The term ``foreign person'' means--
       (A) any citizen or national of a foreign country (including 
     any such individual who is also a citizen or national of the 
     United States); or
       (B) any entity not organized solely under the laws of the 
     United States or existing solely in the United States.
       (2) United states person.--The term ``United States 
     person'' means--
       (A) an individual who is a United States citizen or an 
     alien lawfully admitted for permanent residence to the United 
     States;
       (B) an entity organized under the laws of the United States 
     or any jurisdiction within the United States, including a 
     foreign branch of such an entity; or
       (C) any person in the United States.

     SEC. 307. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations, the Committee on 
     Appropriations, the Committee on Banking, Housing, and Urban 
     Affairs, the Committee on the Judiciary, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the United States Senate; and
       (B) the Committee on Foreign Affairs, the Committee on 
     Appropriations, the Committee on Financial Services, the 
     Committee on the Judiciary, the Committee on Armed Services, 
     and the Permanent Select Committee on Intelligence of the 
     House of Representatives.
       (2) United states national.--The term ``United States 
     national'' means--
       (A) a United States national as defined in section 
     101(a)(22) or section 308 of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
       (B) a lawful permanent resident alien with significant ties 
     to the United States.

     SEC. 308. RULE OF CONSTRUCTION.

       Nothing in this Act may be construed to authorize a private 
     right of action.

                Subtitle B--Taiwan Assurance Act of 2020

     SEC. 311. SHORT TITLE.

       This subtitle may be cited as the ``Taiwan Assurance Act of 
     2020''.

     SEC. 312. FINDINGS.

       Congress makes the following findings:
       (1) April 10, 2019, marked the 40th anniversary of the 
     Taiwan Relations Act of 1979 (Public Law 96-8).
       (2) Since 1949, the close relationship between the United 
     States and Taiwan has benefitted both parties and the broader 
     Indo-Pacific region.
       (3) The security of Taiwan and its democracy are key 
     elements of continued peace and stability of the greater 
     Indo-Pacific region, which is in the political, security, and 
     economic interests of the United States.

[[Page H7825]]

       (4) The People's Republic of China is currently engaged in 
     a comprehensive military modernization campaign to enhance 
     the power-projection capabilities of the People's Liberation 
     Army and its ability to conduct joint operations, which is 
     shifting the military balance of power across the Taiwan 
     Strait.
       (5) Taiwan and its diplomatic partners continue to face 
     sustained pressure and coercion from the People's Republic of 
     China, which seeks to isolate Taiwan from the international 
     community.
       (6) It is the policy of the United States to reinforce its 
     commitments to Taiwan under the Taiwan Relations Act in a 
     manner consistent with the ``Six Assurances'' and in 
     accordance with the United States ``One China'' policy.
       (7) In the Taiwan Travel Act, which became law on March 16, 
     2018, Congress observed that the ``self-imposed restrictions 
     that the United States maintains on high-level visits'' 
     between the United States and Taiwan have resulted in 
     insufficient high-level communication.

     SEC. 313. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) Taiwan is a vital part of the United States Free and 
     Open Indo-Pacific Strategy;
       (2) the United States Government--
       (A) supports Taiwan's continued pursuit of asymmetric 
     capabilities and concepts; and
       (B) urges Taiwan to increase its defense spending in order 
     to fully resource its defense strategy; and
       (3) the United States should conduct regular sales and 
     transfers of defense articles to Taiwan in order to enhance 
     its self-defense capabilities, particularly its efforts to 
     develop and integrate asymmetric capabilities, including 
     undersea warfare and air defense capabilities, into its 
     military forces.

     SEC. 314. TAIWAN'S INCLUSION IN INTERNATIONAL ORGANIZATIONS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the People's Republic of China's attempts to dictate the 
     terms of Taiwan's participation in international 
     organizations, has, in many cases, resulted in Taiwan's 
     exclusion from such organizations even when statehood is not 
     a requirement, and that such exclusion--
       (1) is detrimental to global health, civilian air safety, 
     and efforts to counter transnational crime;
       (2) negatively impacts the safety and security of citizens 
     globally; and
       (3) negatively impacts the security of Taiwan and its 
     democracy.
       (b) Statement of Policy.--It is the policy of the United 
     States to advocate for Taiwan's meaningful participation in 
     the United Nations, the World Health Assembly, the 
     International Civil Aviation Organization, the International 
     Criminal Police Organization, and other international bodies, 
     as appropriate, and to advocate for Taiwan's membership in 
     the Food and Agriculture Organization, the United Nations 
     Educational, Scientific and Cultural Organization, and other 
     international organizations for which statehood is not a 
     requirement for membership.

     SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall 
     conduct a review of the Department of State's guidance that 
     governs relations with Taiwan, including the periodic 
     memorandum entitled ``Guidelines on Relations with Taiwan'' 
     and related documents, and reissue such guidance to executive 
     branch departments and agencies.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Department of State's guidance regarding relations with 
     Taiwan--
       (1) should be crafted with the intent to deepen and expand 
     United States-Taiwan relations, and be based on the value, 
     merits, and importance of the United States-Taiwan 
     relationship;
       (2) should be crafted giving due consideration to the fact 
     that Taiwan is governed by a representative democratic 
     government that is peacefully constituted through free and 
     fair elections that reflect the will of the people of Taiwan, 
     and that Taiwan is a free and open society that respects 
     universal human rights and democratic values; and
       (3) should ensure that the conduct of relations with Taiwan 
     reflects the longstanding, comprehensive, and values-based 
     relationship the United States shares with Taiwan, and 
     contribute to the peaceful resolution of cross-strait issues.
       (c) Reporting Requirements.--Not later than 180 days after 
     the date of the enactment of this Act, the Secretary of State 
     shall submit to the Committee on Foreign Relations of the 
     Senate and the Committee on Foreign Affairs of the House of 
     Representatives a report that includes a description of--
       (1) the results of the review pursuant to subsection (a) of 
     the Department of State's guidance on relations with Taiwan, 
     including a copy of the reissued ``Guidelines of Relations 
     with Taiwan'' memorandum; and
       (2) the implementation of the Taiwan Travel Act (Public Law 
     115-135) and any changes to guidance on relations with Taiwan 
     that are the result of such implementation.

            Subtitle C--Support for Human Rights in Belarus

     SEC. 321. SHORT TITLE.

       This subtitle may be cited as the ``Belarus Democracy, 
     Human Rights, and Sovereignty Act of 2020''.

     SEC. 322. FINDINGS.

       Section 2 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 2. FINDINGS.

       ``Congress finds the following:
       ``(1) The International Covenant on Civil and Political 
     Rights, done at New York December 19, 1966, was ratified by 
     Belarus in 1973, guaranteeing Belarusians the freedom of 
     expression and the freedom of association.
       ``(2) Alyaksandr Lukashenka has ruled Belarus as an 
     undemocratic dictatorship since the first presidential 
     election in Belarus in 1994.
       ``(3) Subsequent presidential elections in Belarus have 
     been neither free nor fair and have been rejected by the 
     international community as not meeting minimal electoral 
     standards, with the jailing of opposition activists 
     frequently used as a tool of government repression before and 
     after the elections.
       ``(4) In response to the repression and violence during the 
     2006 presidential election, Congress passed the Belarus 
     Democracy Reauthorization Act of 2006 (Public Law 109-480).
       ``(5) In 2006, President George W. Bush issued Executive 
     Order 13405, titled `Blocking Property of Certain Persons 
     Undermining Democratic Processes or Institutions in Belarus', 
     which authorized the imposition of sanctions against persons 
     responsible for--
       ``(A) undermining democratic processes in Belarus; or
       ``(B) participating in human rights abuses related to 
     political repression in Belarus.
       ``(6) In March 2011, the Senate unanimously passed Senate 
     Resolution 105, which--
       ``(A) condemned the December 2010 election in Belarus as 
     `illegitimate, fraudulent, and not representative of the will 
     or the aspirations of the voters in Belarus'; and
       ``(B) called on the Lukashenka regime `to immediately and 
     unconditionally release all political prisoners in Belarus 
     who were arrested in association with the December 19, 2010, 
     election'.
       ``(7) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, continues to engage in a pattern of 
     clear and persistent violations of human rights and 
     fundamental freedoms.
       ``(8) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, continues to engage in a pattern of 
     clear and uncorrected violations of basic principles of 
     democratic governance, including through a series of 
     fundamentally flawed presidential and parliamentary elections 
     undermining the legitimacy of executive and legislative 
     authority in that country.
       ``(9) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, continues to subject thousands of pro-
     democracy political activists and peaceful protesters to 
     harassment, beatings, and imprisonment, particularly as a 
     result of their attempts to peacefully exercise their right 
     to freedom of assembly and association.
       ``(10) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, continues to suppress independent 
     media and journalists and to restrict access to the internet, 
     including social media and other digital communication 
     platforms, in violation of the right to freedom of speech and 
     expression of those dissenting from the dictatorship of 
     Alyaksandr Lukashenka.
       ``(11) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, continues a systematic campaign of 
     harassment, repression, and closure of nongovernmental 
     organizations, including independent trade unions and 
     entrepreneurs, creating a climate of fear that inhibits the 
     development of civil society and social solidarity.
       ``(12) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, has pursued a policy undermining the 
     country's sovereignty and independence by making Belarus 
     political, economic, cultural, and societal interests 
     subservient to those of Russia.
       ``(13) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, continues to reduce the independence 
     of Belarus through integration into a so-called `Union State' 
     that is under the control of Russia.
       ``(14) In advance of the August 2020 presidential elections 
     in Belarus, authorities acting on behalf of President 
     Lukashenka arrested journalists, bloggers, political 
     activists, and opposition leaders, including 3 leading 
     presidential candidates (Syarhey Tsikhanouski, Mikalay 
     Statkevich, and Viktar Babaryka), who were barred from 
     running in the election by the Central Election Commission of 
     the Republic of Belarus.
       ``(15) While the 3 opposition candidates were imprisoned, 2 
     of their wives and 1 of their campaign managers (Sviatlana 
     Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava) 
     joined together and ran in place of the candidates.
       ``(16) Thousands of Belarusian people demonstrated their 
     support for these candidates by attending rallies, including 
     1 rally that included an estimated 63,000 participants.
       ``(17) On August, 5, 2020, the Senate unanimously passed 
     Senate Resolution 658, which calls for a free, fair, and 
     transparent presidential election in Belarus, including the 
     unimpeded participation of all presidential candidates.
       ``(18) On August 9, 2020, the Government of Belarus 
     conducted a presidential election that--
       ``(A) was held under undemocratic conditions that did not 
     meet international standards;
       ``(B) involved government malfeasance and serious 
     irregularities with ballot counting and the reporting of 
     election results, including--
       ``(i) early voting ballot stuffing;
       ``(ii) ballot burning;
       ``(iii) pressuring poll workers; and
       ``(iv) removing bags full of ballots by climbing out of 
     windows;
       ``(C) included restrictive measures that impeded the work 
     of local independent observers and did not provide sufficient 
     notice to the OSCE to allow for the OSCE to monitor the 
     elections, as is customary.
       ``(19) Incumbent president Alyaksandr Lukashenka declared a 
     landslide victory in the election and claimed to have 
     received more than 80 percent of the votes cast in the 
     election.
       ``(20) The leading opposition candidate, Sviatlana 
     Tsikhanouskaya--

[[Page H7826]]

       ``(A) formally disputed the government's reported election 
     results;
       ``(B) explained that her staff had examined the election 
     results from more than 50 polling places; and
       ``(C) found that her share of the vote exceeded 
     Lukashenka's share by many times.
       ``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was 
     detained while attending a meeting with the Central Election 
     Commission of the Republic of Belarus and forced to flee to 
     Lithuania under pressure from government authorities.
       ``(22) On August 11, 2020, Lithuanian Foreign Minister 
     Linas Linkevicius announced that Sviatlana Tsikhanouskaya was 
     safe in Lithuania and has continued to be one of the 
     strongest voices supporting the pro-democracy movement in 
     Belarus within the European Union and globally.
       ``(23) On August 18, 2020, Sviatlana Tsikhanouskaya 
     announced the formation of a Coordination Council to oversee 
     a resolution to the crisis in Belarus and a peaceful 
     transition of power by subjecting the Council's senior 
     members to violence, detention, and forced exile. The 
     Government of Belarus, led illegally by Alyaksandr 
     Lukashenka, has sought to stop the work of the Coordination 
     Council.
       ``(24) Before the European Parliament on August 25, 2020, 
     Sviatlana Tsikhanouskaya stressed that a `peaceful 
     revolution' was underway in Belarus, and that `It is neither 
     a pro-Russian nor anti-Russian revolution. It is neither an 
     anti-European Union nor a pro-European Union revolution. It 
     is a democratic revolution.'.
       ``(25) On or around September 6, 2020, opposition leader 
     Maria Kalesnikava and members of the Coordination Council, 
     including Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov, 
     were detained by authorities who sought to forcibly expel 
     them to Ukraine. Ms. Kalesnikava tore up her passport at the 
     Ukrainian border in a successful effort to prevent this 
     expulsion, subsequently disappeared, and was discovered in a 
     Minsk prison on September 9, 2020.
       ``(26) On August 11, 2020, the European Union High 
     Representative for Foreign and Security Policy, Josep 
     Borrell, issued a declaration on the presidential election in 
     Belarus stating that the elections were neither free nor 
     fair.
       ``(27) On August 28, 2020, United States Deputy Secretary 
     of State Stephen Biegun declared that the August 9th election 
     in Belarus was fraudulent.
       ``(28) Following Alyaksandr Lukashenka's September 23, 
     2020, secret inauguration, the United States, the European 
     Union, numerous European Union member states, the United 
     Kingdom, and Canada announced that they did not recognize Mr. 
     Lukashenka as the legitimately elected leader of Belarus.
       ``(29) Since the sham election on August 9, 2020, tens of 
     thousands of Belarusian citizens have participated in daily 
     peaceful protests calling for a new, free, and fair election, 
     and the release of political prisoners.
       ``(30) According to Amnesty International, on August 30, 
     2020, Belarusians held one of the largest protest rallies in 
     the country's modern history in Minsk and in other cities, 
     which was attended by at least 100,000 people who demanded 
     the resignation of President Lukashenka and an investigation 
     into the human rights violations in Belarus.
       ``(31) Women have served as the leading force in 
     demonstrations across the country, protesting the police 
     brutality and mass detentions by wearing white, carrying 
     flowers, forming `solidarity chains', and unmasking 
     undercover police trying to arrest demonstrators.
       ``(32) The Government of Belarus has responded to the 
     peaceful opposition protests, which are the largest in 
     Belarus history, with a violent crackdown, including, 
     according to the United Nations Special Rapporteur, the 
     detention by government authorities of more than 10,000 
     peaceful protestors as of September 18, 2020, mostly for 
     taking part in or observing peaceful protests, with many of 
     these arrests followed by beatings and torture at the hands 
     of Belarusian law enforcement.
       ``(33) According to the Viasna Human Rights Centre, at 
     least 450 detainees have reported being tortured or otherwise 
     ill-treated while held in incommunicado detention for up to 
     10 days, including through--
       ``(A) severe beatings;
       ``(B) forced performance of humiliating acts; and
       ``(C) sexual violence and other forms of violence.
       ``(34) At least 4 Belarusians have been killed at protests, 
     and dozens of Belarusians who were detained during the 
     protests are still missing.
       ``(35) The Belarus Ministry of Defense threatened to send 
     the army to confront protestors, warning that in case of any 
     violation of peace and order in areas around national 
     monuments, `you will have the army to deal with now, not the 
     police'.
       ``(36) The Government of Belarus, led illegally by 
     Alyaksandr Lukashenka, has consistently restricted the free 
     flow of information to silence the opposition and to conceal 
     the regime's violent crackdown on peaceful protestors, 
     including by--
       ``(A) stripping the accreditation of journalists from major 
     foreign news outlets;
       ``(B) detaining and harassing countless journalists.
       ``(C) arresting dozens of journalists, 6 of whom report for 
     Radio Free Europe/Radio Liberty;
       ``(D) halting the publishing of 2 independent newspapers; 
     and
       ``(E) disrupting internet access;
       ``(F) blocking more than 50 news websites that were 
     covering the protests; and
       ``(G) limiting access to social media and other digital 
     communication platforms.
       ``(37) Internet access in Belarus has been repeatedly 
     disrupted and restricted since August 9, 2020, which 
     independent experts and monitoring groups have attributed to 
     government interference.
       ``(38) Thousands of employees at Belarusian state-owned 
     enterprises, who have been seen as Alyaksandr Lukashenka's 
     traditional base during his 26-year rule, went on strike 
     across the country to protest Lukashenka's illegitimate 
     election and the subsequent crackdowns, including at some of 
     Belarus's largest factories such as the BelAZ truck plant, 
     the Minsk Tractor Works, and the Minsk Automobile Plant.
       ``(39) After the employees of state media outlets walked 
     off the job in protest rather than help report misleading 
     government propaganda, Lukashenka confirmed that he `asked 
     the Russians' to send teams of Russian journalists to replace 
     local employees.
       ``(40) On August 19, 2020, European Council President 
     Charles Michel announced that the European Union would impose 
     sanctions on a substantial number of individuals responsible 
     for violence, repression, and election fraud in Belarus.
       ``(41) On October 2, 2020, the Department of Treasury 
     announced new sanctions under Executive Order 13405 on eight 
     individuals `for their roles in the fraudulent August 9, 2020 
     Belarus presidential election or the subsequent violent 
     crackdown on peaceful protesters'.
       ``(42) Similar sanctions have also been applied to 
     Belarusian human rights violators by the Government of Canada 
     and the Government of the United Kingdom.
       ``(43) Against the will of the majority of the Belarusian 
     people--
       ``(A) Alyaksandr Lukashenka appealed to Russian President 
     Vladimir Putin to provide security assistance to his 
     government, if requested; and
       ``(B) President Putin has agreed to prop up the Alyaksandr 
     Lukashenka regime by--
       ``(i) confirming that a Russian police force was ready to 
     be deployed if `the situation gets out of control';
       ``(ii) providing significant financial support; and
       ``(iii) sending Russian propagandists to help disseminate 
     pro-regime propaganda on Belarus state television.
       ``(44) The Governments of the United States, the European 
     Union, the United Kingdom, and Canada have--
       ``(A) condemned the violent crackdown on peaceful 
     protestors;
       ``(B) refused to accept the results of the fraudulent 
     election; and
       ``(C) called for new free and fair elections under 
     independent observation.''.

     SEC. 323. STATEMENT OF POLICY.

       Section 3 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 3. STATEMENT OF POLICY.

       ``It is the policy of the United States--
       ``(1) to condemn--
       ``(A) the conduct of the August 9, 2020, presidential 
     election in Belarus, which was neither free nor fair;
       ``(B) the Belarusian authorities' unrelenting crackdown on, 
     arbitrary arrests of, and violence against opposition 
     candidates, peaceful protestors, human rights activists, 
     employees from state-owned enterprises participating in 
     strikes, independent election observers, and independent 
     journalists and bloggers; and
       ``(C) the unjustified detention and forced or attempted 
     expulsion of members of the Coordination Council in Belarus;
       ``(2) to continue demanding the immediate release without 
     preconditions of all political prisoners in Belarus and those 
     arrested for peacefully protesting, including all those 
     individuals detained in connection with the August 9, 2020, 
     presidential election;
       ``(3) to stand in solidarity with the people of Belarus, 
     including human rights defenders, bloggers, and journalists, 
     who are exercising their right to freedom of assembly, 
     freedom of expression, and rule of law and to continue 
     supporting the aspirations of the people of Belarus for 
     democracy, human rights, and the rule of law;
       ``(4) to continue actively supporting the aspirations of 
     the people of the Republic of Belarus--
       ``(A) to preserve the independence and sovereignty of their 
     country; and
       ``(B) to freely exercise their religion, including the head 
     of the Catholic Church in Belarus, Archbishop Tadeusz 
     Kondrusiewicz, who was barred from entering the country after 
     criticizing Belarusian authorities;
       ``(5) to recognize the leading role of women in the 
     peaceful protests and pro-democracy movement in Belarus;
       ``(6) to continue--
       ``(A) rejecting the invalid results of the fraudulent 
     August 9, 2020 presidential election in Belarus announced by 
     the Central Election Commission of the Republic of Belarus; 
     and
       ``(B) supporting calls for new presidential and 
     parliamentary elections, conducted in a manner that is free 
     and fair according to OSCE standards and under the 
     supervision of OSCE observers and independent domestic 
     observers;
       ``(7) to refuse to recognize Alyaksandr Lukashenka as the 
     legitimately elected leader of Belarus;
       ``(8) to not recognize any incorporation of Belarus into a 
     `Union State' with Russia, since this so-called `Union State' 
     would be both an attempt to absorb Belarus and a step to 
     reconstituting the totalitarian Soviet Union;
       ``(9) to continue calling for the fulfillment by the 
     Government of Belarus of Belarus's freely undertaken 
     obligations as an OSCE participating state and as a signatory 
     of the Charter of the United Nations;

[[Page H7827]]

       ``(10) to support an OSCE role in mediating a dialogue 
     within Belarus between the government and genuine 
     representatives of Belarusian society;
       ``(11) to recognize the Coordination Council as a 
     legitimate institution to participate in a dialogue on a 
     peaceful transition of power;
       ``(12) to applaud the commitment by foreign diplomats in 
     Minsk to engage with Coordination Council member and Nobel 
     Laureate, Svetlana Alexievich, and to encourage an ongoing 
     dialogue with her and with other leaders of the 
     democratically-oriented political opposition in Belarus;
       ``(13) to urge an expanded United States diplomatic 
     presence in Belarus to advocate for the aspirations of the 
     people of Belarus for democracy, human rights, and the rule 
     of law;
       ``(14) to encourage the United States Government--
       ``(A) to continue working closely with the European Union, 
     the United Kingdom, Canada, and other countries and 
     international organizations to promote the principles of 
     democracy, the rule of law, and human rights in Belarus; and
       ``(B) to impose targeted sanctions, in coordination with 
     the European Union and other international partners, against 
     officials in Belarus who are responsible for--
       ``(i) undermining democratic processes in Belarus; or
       ``(ii) participating in human rights abuses related to 
     political repression in Belarus;
       ``(15) to call on the Government of Belarus to uphold its 
     human rights obligations, including those rights enumerated 
     in the International Covenant on Civil and Political Rights; 
     and
       ``(16) to support--
       ``(A) the continued territorial integrity of Belarus; and
       ``(B) the right of the Belarusian people to determine their 
     future.''.

     SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND 
                   SOVEREIGNTY IN BELARUS.

       Section 4 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended--
       (1) by amending the section heading to read as follows: 
     ``ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND 
     SOVEREIGNTY IN BELARUS.'';
       (2) in subsection (a)--
       (A) in paragraph (1), by striking ``European'' and 
     inserting ``Trans-Atlantic''; and
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively; and
       (C) by inserting after paragraph (1) the following:
       ``(2) To assist the people of Belarus in building the 
     sovereignty and independence of their country.'';
       (3) in subsection (b)--
       (A) by inserting ``and Belarusian groups outside of 
     Belarus'' after ``indigenous Belarusian groups''; and
       (B) by inserting ``and Belarusian sovereignty'' before the 
     period at the end;
       (4) in subsection (c)--
       (A) by striking paragraph (8);
       (B) by redesignating paragraphs (3) through (7) as 
     paragraphs (4) through (8), respectively;
       (C) by inserting after paragraph (2) the following:
       ``(3) countering internet censorship and repressive 
     surveillance technology that seek to limit free association, 
     control access to information, and prevent citizens from 
     exercising their rights to free speech;'';
       (D) in paragraph (8), as redesignated, by striking ``and'' 
     at the end; and
       (E) by adding at the end the following:
       ``(9) supporting the work of women advocating freedom, 
     human rights, and human progress;
       ``(10) supporting the development of Belarusian language 
     education;
       ``(11) enhancing the development of the private sector, 
     particularly the information technology sector, and its role 
     in the economy of Belarus, including by increasing the 
     capacity of private sector actors, developing business 
     support organizations, offering entrepreneurship training, 
     and expanding access to finance for small and medium 
     enterprises;
       ``(12) supporting political refugees in neighboring 
     European countries fleeing the crackdown in Belarus;
       ``(13) supporting the gathering of evidence on and 
     investigating of the human rights abuses in Belarus;
       ``(14) supporting the public health response, including 
     filling the information void, in Belarus during the COVID-19 
     pandemic; and
       ``(15) other activities consistent with the purposes of 
     this Act.'';
       (5) by redesignating subsection (d) as subsection (g);
       (6) by inserting after subsection (c) the following:
       ``(d) Sense of Congress.--It is the sense of Congress that, 
     in light of the political crisis in Belarus and the 
     unprecedented mobilization of the Belarusian people, United 
     States foreign assistance to Belarusian civil society should 
     be reevaluated and increased--
       ``(1) to carry out the purposes described in subsection 
     (a); and
       ``(2) to include the activities described in subsection 
     (c).
       ``(e) Coordination With European Partners.--In order to 
     maximize impact, eliminate duplication, and further the 
     achievement of the purposes described in subsection (a), the 
     Secretary of State shall ensure coordination with the 
     European Union and its institutions, the governments of 
     countries that are members of the European Union, the United 
     Kingdom, and Canada.
       ``(f) Report on Assistance.--Not later than 1 year after 
     the date of the enactment of the Belarus Democracy, Human 
     Rights, and Sovereignty Act of 2020, the Secretary of State, 
     acting through the Office of the Coordinator of U.S. 
     Assistance to Europe and Eurasia, and in coordination with 
     the Administrator of the United States Agency for 
     International Development, shall submit a report to the 
     appropriate congressional committees describing the programs 
     and activities carried out to achieve the purposes described 
     in subsection (a), including an assessment of whether or not 
     progress was made in achieving those purposes.''; and
       (7) in subsection (g), as redesignated--
       (A) in the subsection heading, by striking ``Authorization 
     of Appropriations'' and all that follows through ``There 
     are'' and inserting ``Authorization of Appropriations.--There 
     are'';
       (B) by striking ``fiscal years 2007 and 2008'' and 
     inserting ``fiscal years 2021 and 2022''; and
       (C) by striking paragraph (2).

     SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND 
                   ACCESS TO INFORMATION IN BELARUS.

       Section 5 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND 
                   ACCESS TO INFORMATION IN BELARUS.

       ``(a) Sense of Congress.--It is the sense of Congress 
     that--
       ``(1) the President should support and reallocate resources 
     to radio, television, and internet broadcasting conducted by 
     Radio Free Europe/Radio Liberty in languages spoken in 
     Belarus;
       ``(2) the United States should also support other 
     independent media providing objective information to the 
     Belarusian people, particularly in the Belarusian language;
       ``(3) the President should provide the United States Agency 
     for Global Media with a surge capacity (as such term is 
     defined in section 316 of the United States International 
     Broadcasting Act (22 U.S.C. 6216)) for programs and 
     activities in Belarus;
       ``(4) the Chief Executive Officer of the United States 
     Agency for Global Media, working through the Open Technology 
     Fund and in coordination with the Secretary of State, should 
     expand and prioritize efforts to provide anti-censorship 
     technology and services to journalists and civil society in 
     Belarus in order to enhance their ability to safely access or 
     share digital news and information without fear of 
     repercussions or surveillance; and
       ``(5) the United States should continue to condemn the 
     Belarusian authorities' crackdown on independent media, 
     including the harassment and mass detentions of independent 
     and foreign journalists and the denial of accreditation.
       ``(b) Strategy To Promote Expanded Broadcasting, Internet 
     Freedom, and Access to Information in Belarus.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2020, the Chief Executive Officer of the 
     United States Agency for Global Media and the Secretary of 
     State shall jointly submit to the appropriate congressional 
     committees a comprehensive strategy, including a cost 
     estimate, to carry out the following:
       ``(A) Expand independent radio, television, live stream, 
     and social network broadcasting and communications in Belarus 
     to provide news and information, particularly in the 
     Belarusian language, that is credible, comprehensive, and 
     accurate.
       ``(B) Support the development and use of anti-censorship 
     and circumvention technologies by the Open Technology Fund 
     and the Bureau of Democracy Human Rights and Labor that 
     enable the citizens of Belarus to communicate securely and 
     undertake internet activities without interference from the 
     Government of Belarus.
       ``(C) Assist efforts to overcome attempts by the Government 
     of Belarus to disrupt internet access and block content 
     online.
       ``(D) Monitor the cooperation of the Government of Belarus 
     with any foreign government or organization for purposes 
     related to the censorship or surveillance of the internet, 
     including an assessment of any such cooperation in the 
     preceding ten years.
       ``(E) Monitor the purchase or receipt by the Government of 
     Belarus of any technology or training from any foreign 
     government or organization for purposes related to the 
     censorship or surveillance of the internet, including an 
     assessment of any such purchase or receipt in the preceding 
     ten years.
       ``(F) Assist with the protection of journalists who have 
     been targeted for free speech activities, including through 
     the denial of accreditation.
       ``(G) Provide cyber-attack mitigation services to civil 
     society organizations in Belarus.
       ``(H) Provide resources for educational materials and 
     training on digital literacy, bypassing internet censorship, 
     digital safety, and investigative and analytical journalism 
     for independent journalists working in Belarus.
       ``(I) Build the capacity of civil society, media, and other 
     nongovernmental and organizations to identify, track, and 
     counter disinformation, including from proxies of the 
     Government of Russia working at Belarusian state television.
       ``(2) Form.--The report required under paragraph (1) shall 
     be transmitted in unclassified form, but may contain a 
     classified annex.''.

     SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.

       Section 6 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended--
       (1) in subsection (b)--
       (A) by striking ``December 19, 2010'' each place it appears 
     and inserting ``August 9, 2020'';
       (B) in paragraph (2), by inserting ``, peaceful 
     protesters,'' after ``all opposition activists'';
       (C) by striking paragraphs (3) and (6); and
       (D) by redesignating paragraphs (4), (5), and (7) as 
     paragraphs (3), (4), and (5), respectively;

[[Page H7828]]

       (2) in subsection (c)--
       (A) in the subsection heading, by inserting ``and Russian 
     Individuals Complicit in the Crackdown That Occurred After 
     the August 9, 2020, Election'' after ``Belarus'';
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively;
       (C) by inserting after paragraph (3) the following:
       ``(4) is a member of the Central Election Commission of 
     Belarus or assisted the Commission in manipulating the 
     presidential election of August 9, 2020;'';
       (D) in paragraph (5), as redesignated, to read as follows:
       ``(5) is a member of any branch of the security or law 
     enforcement services of Belarus, including the KGB, Interior 
     Ministry, and OMON special police unit, and is responsible 
     for, or complicit in, ordering, controlling, materially 
     assisting, sponsoring, or providing financial, material, or 
     technological support for, or otherwise directing, the 
     crackdown on opposition leaders, journalists, and peaceful 
     protestors that occurred in connection with the presidential 
     election of August 9, 2020; or''; and
       (E) by adding at the end the following:
       ``(7) is a government official, including at the 
     Information Ministry, responsible for the crackdown on 
     independent media, including revoking the accreditation of 
     journalists, disrupting internet access, and restricting 
     online content;
       ``(8) is an official in the so-called `Union State' between 
     Russia and Belarus (regardless of nationality of the 
     individual); or
       ``(9) is a Russian individual that has significantly 
     participated in the crackdown on independent press or human 
     rights abuses related to political repression in Belarus, 
     including the Russian propagandists sent to replace local 
     employees at Belarusian state media outlets.'';
       (3) in subsection (d)(1), by striking ``the Overseas 
     Private Investment Corporation'' and inserting ``the United 
     States International Development Finance Corporation'';
       (4) in subsection (e), by striking ``(including any 
     technical assistance or grant) of any kind''; and
       (5) in subsection (f)--
       (A) in paragraph (1)(A), by striking ``or by any member or 
     family member closely linked to any member of the senior 
     leadership of the Government of Belarus'' and inserting ``or 
     by the senior leadership of the Government of Belarus or by 
     any member or family member closely linked to the senior 
     leadership of the Government of Belarus, or an official of 
     the so-called `Union State' with Russia''; and
       (B) in paragraph (2)--
       (i) in subparagraph (A), by adding at the end before the 
     semicolon the following: ``, or an official of the so-called 
     `Union State' with Russia''; and
       (ii) in subparagraph (B), by inserting ``, or the so-called 
     `Union State' with Russia,'' after ``the Government of 
     Belarus''.

     SEC. 327. MULTILATERAL COOPERATION.

       Section 7 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 7. MULTILATERAL COOPERATION.

       ``It is the sense of Congress that the President should 
     continue to coordinate with the European Union and its 
     institutions, European Union member states, the United 
     Kingdom, and Canada to develop a comprehensive, multilateral 
     strategy--
       ``(1) to further the purposes of this Act, including, as 
     appropriate, encouraging other countries to take measures 
     with respect to the Republic of Belarus that are similar to 
     measures described in this Act; and
       ``(2) to deter the Government of the Russian Federation 
     from undermining democratic processes and institutions in 
     Belarus or threatening the independence, sovereignty, and 
     territorial integrity of Belarus.''.

     SEC. 328. REPORTS.

       Section 8 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended to read as follows:

     ``SEC. 8. REPORTS.

       ``(a) Report on Threat to Sovereignty and Independence of 
     Belarus.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2020, the Secretary of State, in 
     coordination with the Director of National Intelligence and 
     the Secretary of the Treasury, shall transmit to the 
     appropriate congressional committees a report describing the 
     threat that the Government of Russia poses to the sovereignty 
     and independence of Belarus.
       ``(2) Matters to be included.--The report required under 
     paragraph (1) shall include--
       ``(A) an assessment of how the Government of Russia is 
     exploiting the current political crisis in Belarus to push 
     for deeper political and economic control of or integration 
     with Belarus;
       ``(B) a description of the economic and energy assets in 
     Belarus that the Government of Russia, including Russian 
     state-owned or state-controlled companies, controls;
       ``(C) a description of Belarus major enterprises that are 
     vulnerable of being taken over by Russian entities amid the 
     country's worsening financial crisis;
       ``(D) a description of how and to what ends the Government 
     of Russia seeks to augment its military presence in Belarus;
       ``(E) a description of Russian influence over the media and 
     information space in Belarus and how the Government of Russia 
     uses disinformation and other malign techniques to undermine 
     Belarusian history, culture, and language;
       ``(F) a description of other actors in Belarus that the 
     Government of Russia uses to advance its malign influence, 
     including veterans' organizations and extrajudicial networks;
       ``(G) a description of efforts to undermine Belarusian 
     language, cultural, and national symbols, including the 
     traditional red and white flag and the `Pahonia' mounted 
     knight; and
       ``(H) the identification of Russian individuals and 
     government agencies that are significantly supporting or 
     involved in the crackdown on peaceful protestors and the 
     opposition or the repression of independent media following 
     the August 9, 2020, presidential election.
       ``(3) Form.--The report required under this subsection 
     shall be transmitted in unclassified form, but may contain a 
     classified annex.
       ``(b) Report on Personal Assets of Alyaksandr Lukashenka.--
       ``(1) In general.--Not later than 90 days after the date of 
     the enactment of the Belarus Democracy, Human Rights, and 
     Sovereignty Act of 2020, the Director of National 
     Intelligence, in consultation with the Secretary of the 
     Treasury and the Secretary of State, shall submit to the 
     appropriate congressional committees a report describing--
       ``(A) the total assets under the direct or indirect control 
     of Alyaksandr Lukashenka, including estimated assets and 
     known sources of income of Alyaksandr Lukashenka and his 
     immediate family members, including assets, investments, bank 
     accounts, and other business interests; and
       ``(B) an identification of the most significant senior 
     foreign political figures in Belarus, as determined by their 
     closeness to Alyaksandr Lukashenka.
       ``(2) Waiver.--The Director of National Intelligence may 
     waive, in whole or in part, the reporting requirement under 
     paragraph (1)(A) if the Director submits to the appropriate 
     congressional committees--
       ``(A) a written justification stating that the waiver is in 
     the national interest of the United States; and
       ``(B) a detailed explanation of the reasons therefor.
       ``(3) Form.--The report required under this subsection 
     shall be transmitted in unclassified form, but may contain a 
     classified annex.''.

     SEC. 329. DEFINITIONS.

       Section 9 of the Belarus Democracy Act of 2004 (Public Law 
     109-480; 22 U.S.C. 5811 note) is amended--
       (1) by amending paragraph (1) to read as follows:
       ``(1) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means--
       ``(A) the Committee on Foreign Relations of the Senate;
       ``(B) the Committee on Banking, Housing, and Urban Affairs 
     of the Senate;
       ``(C) the Committee on Appropriations of the Senate;
       ``(D) the Committee on Foreign Affairs of the House of 
     Representatives;
       ``(E) the Committee on Financial Services of the House of 
     Representatives; and
       ``(F) the Committee on Appropriations of the House of 
     Representatives.''; and
       (2) in paragraph (3)(B)--
       (A) in clause (i), by inserting ``members of the security 
     and intelligence services,'' after ``prosecutors,''; and
       (B) in clause (ii), by inserting ``, electoral fraud, 
     online censorship, or restrictions on independent media and 
     journalists'' after ``public corruption''.

     SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this subtitle, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this subtitle, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

       Subtitle D--Gandhi-King Scholarly Exchange Initiative Act

     SEC. 331. SHORT TITLE.

       This subtitle may be cited as the ``Gandhi-King Scholarly 
     Exchange Initiative Act''.

     SEC. 332. FINDINGS.

       Congress makes the following findings:
       (1) The peoples of the United States and India have a long 
     history of friendship and the interests of the peoples of the 
     United States, India, and the world will benefit from a 
     stronger United States-India partnership.
       (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr., 
     were dedicated leaders fighting for social justice and social 
     change, peace, and civil rights in their respective 
     communities, and countries and in the world.
       (3) The use of nonviolent civil disobedience is a shared 
     tactic that has played a key role in defeating social 
     injustice in India, the United States, and in other parts of 
     the world.
       (4) Mohandas Gandhi, who was born on October 2, 1869, was 
     murdered on January 30, 1948, after dedicating his life to 
     the peaceful empowerment of the people of India and to the 
     end of British colonial rule.
       (5) Martin Luther King, Jr., who was born on January 15, 
     1929, was murdered on April 4, 1968, after a life dedicated 
     to peaceful movements against segregation, discrimination, 
     racial injustice, and poverty.
       (6) In February 1959, Dr. King and his wife, Coretta Scott 
     King, traveled throughout India. By the end of his monthlong 
     visit, Dr. King said, ``I am more convinced than ever before 
     that the method of nonviolent resistance is the most potent 
     weapon available to oppressed people in their struggle for 
     justice and human dignity.''.
       (7) Fifty years after Dr. King's visit, All India Radio, 
     the national radio station of India, discovered a taped 
     message by Dr. King that emphasized the intellectual harmony 
     between the

[[Page H7829]]

     messages of Dr. King and Mohandas Gandhi on nonviolent social 
     action.
       (8) On August 22, 2011, the Dr. Martin Luther King, Jr., 
     National Memorial opened to the public in Washington, DC. 
     This newest memorial on the National Mall pays tribute to Dr. 
     King's national and international contributions to world 
     peace through nonviolent social change.
       (9) The 116th Congress coincides with both the 150th birth 
     anniversary of Mohandas Gandhi and the 90th birth anniversary 
     of Dr. Martin Luther King, Jr.
       (10) Mohandas Gandhi, who employed the principle of 
     satyagraha, or ``fighting with peace'', has come to represent 
     the moral force inspiring many civil and social rights 
     movement around the world.
       (11) Dr. King's effective use of Gandhi's principles was 
     instrumental to the American civil rights movement.
       (12) There is a long history of civil and social rights 
     movements in the United States and in India. As the 
     relationship between the United States and India evolves, a 
     binational foundation through which the governments of each 
     country can work together and catalyze private investment 
     toward development objectives would provide an ongoing, 
     productive institution and symbol of the friendship and 
     common ideals of the respective governments and their 
     peoples.
       (13) There is a global goal of ending tuberculosis by 2030, 
     the United States and India seek a TB-Free India by 2025, and 
     the United States-India Gandhi-King Development Foundation, 
     as described in this subtitle, could help address gaps across 
     the TB value chain in prevention, detection, diagnosis, and 
     treatment, and catalyze market-based strategies to bridge the 
     service gap for the ``last mile''.
       (14) Leaders in both countries have prioritized the United 
     States-India relationship and continue to support a 
     strengthened United States-India partnership, recognizing 
     that it will be one of the defining partnerships of the 21st 
     century.

     SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.

       (a) In General.--In order to further the shared ideals and 
     values of Mohandas Gandhi and Martin Luther King, Jr, the 
     Secretary of State should establish, in cooperation with the 
     appropriate representatives of the Government of India, a 
     professional exchange program known as the ``Gandhi-King 
     Scholarly Exchange Initiative''. The initiative should be 
     comprised of the following:
       (1) An annual educational forum for scholars from the 
     United States and India that focuses on the social justice 
     and human and civil rights legacies of Mohandas Gandhi and 
     Martin Luther King, Jr., which should--
       (A) be held alternately in the United States and in India;
       (B) include representatives from governments, 
     nongovernmental organizations, civic organizations, and 
     educational, cultural, women's, civil, and human rights 
     groups, including religious and ethnic minorities and 
     marginalized communities; and
       (C) focus on studying the works of Gandhi and King, and 
     applying their philosophies of nonviolent resistance to 
     addressing current issues, including poverty alleviation, 
     conflict mitigation, human and civil rights challenges, 
     refugee crises, and threats to democracy and democratic norms 
     in countries around the world.
       (2) An undergraduate, graduate, and post-graduate student 
     exchange for students in the United States and India to--
       (A) study the history and legacies of Martin Luther King, 
     Jr., and Mohandas Gandhi; and
       (B) research, develop, and recommend best practices 
     relating to peace, nonviolence, and reconciliation in current 
     conflict regions.
       (b) Sunset.--The authorities provided under this section 
     shall terminate on the date that is five years after the date 
     of enactment of this Act.

     SEC. 334. GANDHI-KING GLOBAL ACADEMY.

       (a) In General.--The president and chief executive officer 
     of the United States Institute of Peace should create a 
     professional development training initiative on conflict 
     resolution tools based on the principles of nonviolence. Such 
     training initiative shall be known as the Gandhi-King Global 
     Academy and should--
       (1) include representatives from governments, 
     nongovernmental organizations, civic organizations, and 
     educational, cultural, women's, civil, and human rights 
     groups, including religious and ethnic minorities and 
     marginalized communities in countries with ongoing political, 
     social, ethnic, or violent conflict;
       (2) include a specific focus on the success of nonviolent 
     movements, inclusion, and representation in conflict 
     resolution;
       (3) develop a curriculum on conflict resolution tools based 
     on the principles of nonviolence; and
       (4) make the curriculum publicly available online, in 
     person, and through a variety of media.
       (b) Prohibition.--The United States Institute of Peace may 
     not, in the course of any activity authorized by subsection 
     (a), enter into any contract with an outside entity to 
     conduct advocacy on its behalf.
       (c) Sunset.--The authorities provided under this section 
     shall terminate on the date that is five years after the date 
     of enactment of this Act.

     SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-
                   KING DEVELOPMENT FOUNDATION.

       (a) Establishment.--The Administrator of the United States 
     Agency for International Development (USAID), with the 
     concurrence of the Secretary of State and in coordination 
     with appropriate counterparts in the Government of India, is 
     authorized to establish, on such terms and conditions as are 
     determined necessary, one or more legal entities to compose 
     the United States-India Gandhi-King Development Foundation 
     (in this section referred to as the ``Foundation''). Each 
     such legal entity within the Foundation shall be organized 
     under the laws of India and shall not be considered to be an 
     agency or establishment of the United States Government and 
     shall not have the full faith and credit of the United 
     States.
       (b) Functions.--The Foundation, through one or more 
     entities referred to in subsection (a)--
       (1) shall identify development priorities and administer 
     and oversee competitively-awarded grants to private 
     nongovernmental entities to address such priorities in India, 
     including--
       (A) health initiatives addressing tuberculosis (TB), water, 
     sanitation, and health (WASH), and pollution and related 
     health impacts (PHI);
       (B) pollution, plastic waste reduction, and climate-related 
     shocks;
       (C) education; and
       (D) empowerment of women;
       (2) should provide credible platforms and models, including 
     returnable capital to attract and blend public and private 
     capital, which can then be deployed efficiently and 
     effectively to address the priorities identified in paragraph 
     (1).
       (c) Additionality.--
       (1) In general.--Before an entity within the Foundation 
     makes a grant under subsection (b)(1) to address a priority 
     identified under such subsection, the Foundation shall ensure 
     that private sector entities are afforded an opportunity to 
     support the projects funded by such grants.
       (2) Safeguards, policies, and guidelines.--The Foundation 
     shall develop appropriate safeguards, policies, and 
     guidelines to ensure that grants made under subsection (b)(1) 
     operate according to internationally recognized best 
     practices and standards, including for transparency and 
     accountability.
       (d) Limitations.--No party receiving a grant made under 
     subsection (b)(1) may receive such grant in an amount that is 
     more than five percent of amounts appropriated or otherwise 
     made available under section 337(a)(3) to the entity in the 
     Foundation making such grant.
       (e) Governing Council.--
       (1) Purpose.--The Government of the United States and the 
     Government of India shall convene a Governing Council to 
     provide guidance and direction to the Foundation.
       (2) Appointment of members.--The Administrator of the 
     United States Agency for International Development, with the 
     concurrence of the Secretary of State, shall appoint a 
     majority of the Governing Council of the Foundation for a 
     period of five years following the establishment of the 
     Foundation.
       (3) Charter.--The Governing Council of the Foundation shall 
     adopt a charter for the operation of the Foundation, which 
     shall include provisions to--
       (A) identify development priorities or a process to 
     identify development priorities;
       (B) define criteria for application, merit review, and 
     transparent, competitive awarding of grants by the 
     Foundation;
       (C) establish an annual organization-wide audit by an 
     independent auditor in accordance with generally accepted 
     auditing standards, the results of which shall be made 
     immediately available to the Board, the Administrator of the 
     United States Agency for International Development, and the 
     appropriate Government of India counterpart;
       (D) assist in the creation of project specific timetables 
     for each of the projects funded by a grant from the 
     Foundation;
       (E) establish an oversight role and march-in audit rights 
     for the Administrator of the United States Agency for 
     International Development and the appropriate Government of 
     India counterpart; and
       (F) establish an annual report on the activities of the 
     Foundation to be made publicly available.
       (f) Publicly Available Project Information.--The Foundation 
     shall maintain a user-friendly, publicly available, machine 
     readable database with detailed project level information, as 
     appropriate, including a description of the grants made by 
     the Foundation under this section and project level 
     performance metrics.
       (g) Detail of United States Government Personnel to the 
     Foundation.--
       (1) In general.--Whenever the Administrator of the United 
     States Agency for International Development or the Secretary 
     of State determines it to be in furtherance of the purposes 
     of this subtitle, the Administrator and the Secretary are 
     authorized to detail or assign any officer or employee of the 
     Agency or the Department, respectively, to any position in 
     the Foundation to provide technical, scientific, or 
     professional assistance to the Foundation or, in cooperation 
     with the Foundation, to implementing partners of the 
     Foundation, without reimbursement to the United States 
     Government.
       (2) Status.--Any United States Government officer or 
     employee, while detailed or assigned under this subsection, 
     shall be considered, for the purpose of preserving their 
     allowances, privileges, rights, seniority, and other benefits 
     as such, an officer or employee of the United States 
     Government and of the agency of the United States Government 
     from which detailed or assigned, and shall continue to 
     receive compensation, allowances, and benefits from program 
     funds appropriated to that agency or made available to that 
     agency for purposes related to the activities of the detail 
     or assignment, in accordance with authorities related to 
     their employment status and agency policies.
       (3) Sunset.--The authorities provided under this subsection 
     shall terminate on the date that is five years after the 
     establishment of the Foundation.

     SEC. 336. REPORTING REQUIREMENTS.

       (a) Initial Reports.--Not later than 120 days after the 
     date of the enactment of this Act--

[[Page H7830]]

       (1) the Secretary of State shall submit to the Committee on 
     Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate a 
     report on the Secretary of State's plan to establish the 
     initiative authorized under section 333;
       (2) the president and chief executive officer of the United 
     States Institute of Peace shall submit to the Committee on 
     Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate a 
     report on the president and chief executive officer's plan to 
     establish the initiative authorized under section 334; and
       (3) the Administrator of the United States Agency for 
     International Development shall submit to the Committee on 
     Foreign Affairs and the Committee on Appropriations of the 
     House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate a 
     report on the Administrator's plan to establish the 
     organization authorized under section 335.
       (b) Periodic Updates.--The Secretary of State, president 
     and chief executive officer of the United States Institute of 
     Peace, and Administrator of the United States Agency for 
     International Development shall submit to the committees 
     described in subsection (a)(3) an update on a semiannual 
     basis regarding the progress in implementing each of the 
     initiatives or establishing the organization referred to in 
     such subsection.

     SEC. 337. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out--
       (1) section 333, up to $1,000,000 for each of fiscal years 
     2021 through 2025 to the Secretary of State
       (2) section 334, up to $2,000,000 for fiscal year 2021 to 
     the United States Institute of Peace;
       (3) section 335, up to $30,000,000 for fiscal year 2021 to 
     the Administrator of the United States Agency for 
     International Development; and
       (4) section 335, up to an additional $15,000,000 for each 
     of fiscal years 2022 through 2025 to the Administrator of the 
     United States Agency for International Development, if the 
     private sector in India commits amounts equal to that 
     contributed by the United States.
       (b) Sense of Congress on Foreign Assistance Funds.--It is 
     the sense of Congress that the authorization of 
     appropriations under subsection (a) should be renewable for 
     one or more periods of not more than 5 years if--
       (1) authorized by Congress; and
       (2) the Secretary of State, in consultation with the 
     Administrator of the United States Agency for International 
     Development, determines that the Foundation's work is 
     successful in addressing the priorities identified in section 
     335(b)(1) and that the private sector in India has committed 
     funds to the Foundation in accordance with subsection (a)(4).

           Subtitle E--Tibetan Policy and Support Act of 2020

     SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN 
                   POLICY ACT OF 2020.

       (a) Tibetan Negotiations.--Section 613 of the Tibetan 
     Policy Act of 2002 (22 U.S.C. 6901 note) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by inserting ``without preconditions'' after ``a 
     dialogue'';
       (ii) by inserting ``or democratically-elected leaders of 
     the Tibetan community'' after ``his representatives''; and
       (iii) by inserting before the period at the end the 
     following: ``and should coordinate with other governments in 
     multilateral efforts toward this goal'';
       (B) by redesignating paragraph (2) as paragraph (3); and
       (C) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Policy communication.--The Secretary of State shall 
     ensure that, in accordance with this Act, United States 
     policy on Tibet, as coordinated by the United States Special 
     Coordinator for Tibetan Issues, is communicated to all 
     Federal departments and agencies in contact with the 
     Government of the People's Republic of China.'';
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``until December 31, 2021'' and inserting 
     ``until December 31, 2031''; and
       (ii) by inserting ``and direct the Department of State to 
     make public on its website'' after ``appropriate 
     congressional committees'';
       (B) in paragraph (1), by striking ``; and'' and inserting a 
     semicolon;
       (C) in paragraph (2), by striking the period at the end and 
     inserting ``; and'' ; and
       (D) by adding at the end the following new paragraph:
       ``(3) the steps taken by the United States Government to 
     promote the human rights and distinct religious, cultural, 
     linguistic, and historical identity of the Tibetan people, 
     including the right of the Tibetan people to select, educate, 
     and venerate their own religious leaders in accordance with 
     their established religious practice and system.''.
       (b) Tibet Project Principles.--Section 616 of such Act (22 
     U.S.C. 6901 note) is amended--
       (1) in subsection (d)--
       (A) in paragraph (5), by inserting ``human rights,'' after 
     ``respect Tibetan'';
       (B) in paragraph (8), by striking ``; and'' and inserting a 
     semicolon;
       (C) in paragraph (9)--
       (i) by inserting ``involuntary or coerced'' after ``nor 
     facilitate the''; and
       (ii) by striking the period at the end and inserting ``; 
     and''; and
       (D) by adding at the end the following new paragraph:
       ``(10) neither provide incentive for, nor facilitate the 
     involuntary or coerced relocation of, Tibetan nomads from 
     their traditional pasturelands into concentrated 
     settlements.'';
       (2) by adding at the end the following new subsections:
       ``(e) United States Assistance.--
       ``(1) In general.--The President is authorized to provide 
     assistance to nongovernmental organizations to support 
     inclusive economic growth, resilience, global health, 
     education, environmental stewardship, and cultural and 
     historical preservation for Tibetan communities in Tibet, in 
     accordance with the principles specified in subsection (d).
       ``(2) Coordination.--Assistance authorized under paragraph 
     (1) shall be carried out in coordination with the United 
     States Special Coordinator for Tibetan Issues in accordance 
     with section 621(d).
       ``(f) Private Sector Investment.--The Secretary of State, 
     in coordination with the Secretary of Commerce, should--
       ``(1) encourage United States businesses and individuals 
     that are engaged in commerce or investing in enterprises in 
     Tibet to be guided by the principles specified in subsection 
     (d) and the United Nations Guiding Principles on Business and 
     Human Rights; and
       ``(2) hold regular consultations with businesses and 
     individuals that are engaged in commerce or are investing in 
     enterprises in Tibet about the principles referenced in 
     paragraph (1) and the business practices of such businesses 
     and individuals in Tibet.''.
       (c) Diplomatic Representation Relating to Tibet.--Section 
     618 of such Act (22 U.S.C. 6901 note) is amended to read as 
     follows:

     ``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.

       ``(a) United States Consulate in Lhasa, Tibet.--The 
     Secretary should seek to establish a United States consulate 
     in Lhasa, Tibet--
       ``(1) to provide consular services to United States 
     citizens traveling in Tibet; and
       ``(2) to monitor political, economic, and cultural 
     developments in Tibet.
       ``(b) Policy.--The Secretary may not authorize the 
     establishment in the United States of any additional 
     consulate of the People's Republic of China until such time 
     as a United States consulate in Lhasa, Tibet, is established 
     under subsection (a).
       ``(c) Waiver.--The Secretary may waive the requirement 
     under subsection (b), notwithstanding the lack of a United 
     States consulate in Lhasa, not less than 30 days after the 
     Secretary determines and reports to the appropriate 
     congressional committees that it is in the national security 
     interests of the United States to waive such requirements and 
     submits to the appropriate congressional committees a report 
     including--
       ``(1) a specific and detailed rationale for the 
     determination that the waiver is in the national security 
     interests of the United States; and
       ``(2) a description of the efforts by the Department of 
     State to seek the establishment of a United States consulate 
     in Lhasa.''.
       (d) Religious Persecution in Tibet.--Section 620(b) of such 
     Act (22 U.S.C. 6901 note) is amended by inserting before the 
     period at the end the following: ``, including with respect 
     to the reincarnation system of Tibetan Buddhism''.
       (e) United States Special Coordinator for Tibetan Issues.--
     Section 621 of such Act (22 U.S.C. 6901 note) is amended--
       (1) by amending subsection (c) to read as follows:
       ``(c) Objectives.--The objectives of the Special 
     Coordinator are to--
       ``(1) promote substantive dialogue without preconditions, 
     between the Government of the People's Republic of China and 
     the Dalai Lama, his or her representatives, or democratically 
     elected leaders of the Tibetan community, or explore 
     activities to improve prospects for dialogue, that leads to a 
     negotiated agreement on Tibet;
       ``(2) coordinate with other governments in multilateral 
     efforts towards the goal of a negotiated agreement on Tibet;
       ``(3) encourage the Government of the People's Republic of 
     China to address the aspirations of the Tibetan people with 
     regard to their distinct historical, cultural, religious, and 
     linguistic identity;
       ``(4) promote the human rights of the Tibetan people;
       ``(5) promote activities to preserve environment and water 
     resources of the Tibetan plateau;
       ``(6) encourage that any initiatives or activities for 
     Tibetan communities in the Tibet Autonomous Region are 
     conducted in accordance with the principles espoused in 
     section 616(d); and
       ``(7) promote access to Tibet in accordance with the 
     Reciprocal Access to Tibet Act of 2018 (Public Law 115-
     330).'';
       (2) in subsection (d)--
       (A) in paragraph (5), by striking ``; and'' and inserting a 
     semicolon;
       (B) by redesignating paragraph (6) as paragraph (8); and
       (C) by inserting after paragraph (5) the following new 
     paragraphs:
       ``(6) provide guidance with respect to all projects carried 
     out pursuant to assistance provided under section 616(e);
       ``(7) seek to establish international diplomatic coalitions 
     to--
       ``(A) oppose any effort by the Government of the People's 
     Republic of China to select, educate, and venerate Tibetan 
     Buddhist religious leaders in a manner inconsistent with the 
     principle that the succession or identification of Tibetan 
     Buddhist lamas, including the Dalai Lama, should occur 
     without interference, in a manner consistent with traditional 
     practice; and
       ``(B) ensure that the identification and installation of 
     Tibetan Buddhist religious leaders, including any future 
     Dalai Lama, is determined

[[Page H7831]]

     solely within the Tibetan Buddhist faith community, in 
     accordance with the internationally-recognized right to 
     religious freedom; and''; and
       (3) by adding at the end the following new subsection:
       ``(e) Personnel.--The Secretary shall ensure that the 
     Office of the Special Coordinator is adequately staffed at 
     all times to assist in the management of the responsibilities 
     of this section.''.

     SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR 
                   REINCARNATION OF THE DALAI LAMA.

       (a) Findings.--Congress finds the following:
       (1) Tibetan Buddhism is practiced in many countries 
     including Bhutan, India, Mongolia, Nepal, the People's 
     Republic of China, the Russian Federation, and the United 
     States, yet the Government of the People's Republic of China 
     has repeatedly insisted on its role in managing the selection 
     of Tibet's next spiritual leader, the Dalai Lama, through 
     actions such as those described in the ``Measures on the 
     Management of the Reincarnation of Living Buddhas'' in 2007.
       (2) On March 19, 2019, Chinese Ministry of Affairs 
     spokesperson reiterated that the ``reincarnation of living 
     Buddhas including the Dalai Lama must comply with Chinese 
     laws and regulations and follow religious rituals and 
     historical conventions''.
       (3) The Government of the People's Republic of China has 
     interfered in the process of recognizing a successor or 
     reincarnation of Tibetan Buddhist leaders, including in 1995 
     by arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old 
     boy who was identified as the 11th Panchen Lama, and 
     purporting to install its own candidate as the Panchen Lama.
       (4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement 
     on September 24, 2011, explaining the traditions and 
     spiritual precepts of the selection of Dalai Lamas, setting 
     forth his views on the considerations and process for 
     selecting his successor, and providing a response to the 
     Chinese government's claims that only the Chinese government 
     has the ultimate authority in the selection process of the 
     Dalai Lama.
       (5) The 14th Dalai Lama said in his statement that the 
     person who reincarnates has sole legitimate authority over 
     where and how he or she takes rebirth and how that 
     reincarnation is to be recognized and if there is a need for 
     a 15th Dalai Lama to be recognized, then the responsibility 
     shall primarily rest with the officers of the Dalai Lama's 
     Gaden Phodrang Trust, who will be informed by the written 
     instructions of the 14th Dalai Lama.
       (6) Since 2011, the 14th Dalai Lama has reiterated publicly 
     on numerous occasions that decisions on the successions, 
     emanations, or reincarnations of the Dalai Lama belongs to 
     the Tibetan Buddhist faith community alone.
       (7) On June 8, 2015, the United States House of 
     Representatives unanimously approved House Resolution 337 
     which calls on the United States Government to ``underscore 
     that government interference in the Tibetan reincarnation 
     process is a violation of the internationally recognized 
     right to religious freedom . . . and to highlight the fact 
     that other countries besides China have long Tibetan Buddhist 
     traditions, and that matters related to reincarnations in 
     Tibetan Buddhism are of keen interest to Tibetan Buddhist 
     populations worldwide''.
       (8) On April 25, 2018, the United States Senate unanimously 
     approved Senate Resolution 429 which ``expresses its sense 
     that the identification and installation of Tibetan Buddhist 
     religious leaders, including a future 15th Dalai Lama, is a 
     matter that should be determined solely within the Tibetan 
     Buddhist faith community, in accordance with the inalienable 
     right to religious freedom''.
       (9) The Department of State's Report on International 
     Religious Freedom for 2018 reported on policies and efforts 
     of the Government of the People's Republic of China to exert 
     control over the selection of Tibetan Buddhist religious 
     leaders, including reincarnate lamas, and stated that 
     ``[United States] officials underscored that decisions on the 
     reincarnation of the Dalai Lama should be made solely by 
     faith leaders.''.
       (b) Statement of Policy.--It is the policy of the United 
     States that--
       (1) decisions regarding the selection, education, and 
     veneration of Tibetan Buddhist religious leaders are 
     exclusively spiritual matters that should be made by the 
     appropriate religious authorities within the Tibetan Buddhist 
     tradition and in the context of the will of practitioners of 
     Tibetan Buddhism;
       (2) the wishes of the 14th Dalai Lama, including any 
     written instructions, should play a key role in the 
     selection, education, and veneration of a future 15th Dalai 
     Lama; and
       (3) interference by the Government of the People's Republic 
     of China or any other government in the process of 
     recognizing a successor or reincarnation of the 14th Dalai 
     Lama and any future Dalai Lamas would represent a clear abuse 
     of the right to religious freedom of Tibetan Buddhists and 
     the Tibetan people.
       (c) Holding Chinese Officials Responsible for Religious 
     Freedom Abuses Targeting Tibetan Buddhists.--It is the policy 
     of the United States to take all appropriate measures to hold 
     accountable senior officials of the Government of the 
     People's Republic of China or the Chinese Communist Party who 
     directly interfere with the identification and installation 
     of the future 15th Dalai Lama of Tibetan Buddhism, successor 
     to the 14th Dalai Lama, including by--
       (1) imposing sanctions pursuant to the Global Magnitsky 
     Human Rights Accountability Act (22 U.S.C. 2656 note); and
       (2) prohibiting admission to the United States under 
     section 212(a)(2)(G) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(2)(G)).
       (d) Department of State Programming to Promote Religious 
     Freedom for Tibetan Buddhists.--Consistent with section 401 
     of the Frank R. Wolf International Religious Freedom Act 
     (Public Law 114-281; 130 Stat. 1436), the Ambassador-at-Large 
     for International Religious Freedom should support efforts to 
     protect and promote international religious freedom in China 
     and for programs to protect Tibetan Buddhism in China and 
     elsewhere.

     SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER 
                   RESOURCES ON THE TIBETAN PLATEAU.

       (a) Findings.--Congress finds the following:
       (1) The Tibetan Plateau contains glaciers, rivers, 
     grasslands, and other geographical and ecological features 
     that are crucial for supporting vegetation growth and 
     biodiversity and regulating water flow and supply for an 
     estimated 1,800,000,000 people. Environmental changes 
     threaten the glaciers in Tibet that feed the major rivers of 
     South and East Asia, which supply freshwater to an estimated 
     1,800,000,000 people.
       (2) Several factors, including temperature changes, large 
     government-backed infrastructure projects, and resettlement 
     of Tibetan nomads, are likely to result in variable water 
     flows in the future.
       (3) The grasslands of Tibet play a significant role in 
     carbon production and sequestration and Tibet's rivers 
     support wetlands that play a key role in water storage, water 
     quality, and the regulation of water flow, support 
     biodiversity, foster vegetation growth, and act as carbon 
     sinks.
       (4) Traditional Tibetan grassland stewardship practices, 
     which can be key to mitigating the negative effects of 
     environmental changes on the Tibetan Plateau, are undermined 
     by the resettlement of nomads from Tibetan grasslands.
       (5) The People's Republic of China has approximately 20 
     percent of the world's population but only around 7 percent 
     of the world's water supply, while many countries in South 
     and Southeast Asia rely on the rivers flowing from the 
     Himalayas of the Tibetan Plateau.
       (6) The People's Republic of China has already completed 
     water transfer programs diverting billions of cubic meters of 
     water yearly and has plans to divert more waters from the 
     Tibetan plateau in China.
       (b) Water Resources in Tibet and the Tibetan Watershed.--
     The Secretary of State, in coordination with relevant 
     agencies of the United States Government, should--
       (1) pursue collaborative efforts with Chinese and 
     international scientific institutions, as appropriate, to 
     monitor the environment on the Tibetan Plateau, including 
     glacial retreat, temperature rise, and carbon levels, in 
     order to promote a greater understanding of the effects on 
     permafrost, river flows, grasslands and desertification, and 
     the monsoon cycle;
       (2) engage with the Government of the People's Republic of 
     China, the Tibetan people, and nongovernmental organizations 
     to encourage the participation of Tibetan nomads and other 
     Tibetan stakeholders in the development and implementation of 
     grassland management policies, in order to utilize their 
     indigenous experience in mitigation and stewardship of the 
     land and to assess policies on the forced resettlement of 
     nomads; and
       (3) encourage a regional framework on water security, or 
     use existing frameworks, such as the Lower Mekong Initiative, 
     to facilitate cooperative agreements among all riparian 
     nations that would promote transparency, sharing of 
     information, pollution regulation, and arrangements on 
     impounding and diversion of waters that originate on the 
     Tibetan Plateau.

     SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.

       (a) Findings.--Congress finds the following:
       (1) The 14th Dalai Lama advocates the Middle Way Approach, 
     which seeks genuine autonomy for the 6,000,000 Tibetans in 
     Tibet.
       (2) The 14th Dalai Lama has overseen a process of 
     democratization within the Tibetan polity and devolved his 
     political responsibilities to the elected representatives of 
     the Tibetan people in exile in 2011.
       (3) In 2011 and again in 2016, members of the Tibetan exile 
     community across some 30 countries held free and fair 
     elections to select political leaders to serve in the Central 
     Tibetan Administration parliament and as chief executive.
       (4) The Dalai Lama has said that the Central Tibetan 
     Administration will cease to exist once a negotiated 
     settlement has been achieved that allows Tibetans to freely 
     enjoy their culture, religion, and language in Tibet.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Tibetan exile communities around the world should be 
     commended for the adoption of a system of self-governance 
     with democratic institutions to choose their leaders;
       (2) the Dalai Lama should be commended for his decision to 
     devolve political authority to elected leaders in accordance 
     with democratic principles;
       (3) as of the date of the enactment of this Act, the 
     Central Tibetan Administration is the institution that 
     represents and reflects, to the greatest extent, the 
     aspirations of the Tibetan diaspora around the world, and the 
     Sikyong is the President of the Central Tibetan 
     Administration; and
       (4) as consistent with section 621(d)(3) of the Tibetan 
     Policy Act of 2002 (22 U.S.C. 6901 note), the United States 
     Special Coordinator for Tibetan Issues should continue to 
     maintain close contact with the religious, cultural, and 
     political leaders of the Tibetan people.

     SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO 
                   PRESERVE THEIR CULTURE, RELIGION, AND LANGUAGE.

       The Secretary of State should urge the Government of Nepal 
     to honor the Gentleman's Agreement with the United Nations 
     High Commissioner for Refugees and the Government of India, 
     which commits the Government of Nepal

[[Page H7832]]

     to respect the principle of non-refoulement by continuing to 
     give Tibetan new arrivals access to the territory of Nepal 
     and allowing them safe passage through Nepal to India.

     SEC. 346. AUTHORIZATION OF APPROPRIATIONS.

       (a) Office of the United States Special Coordinator for 
     Tibetan Issues.--There is authorized to be appropriated 
     $1,000,000 for each of the fiscal years 2021 through 2025 for 
     the Office of the United States Special Coordinator for 
     Tibetan Issues.
       (b) Tibetan Scholarship Program and Ngawang Choephel 
     Exchange Programs.--
       (1) Tibetan scholarship program.--There is authorized to be 
     appropriated $675,000 for each of the fiscal years 2021 
     through 2025 to carry out the Tibetan scholarship program 
     established under section 103(b)(1) of the Human Rights, 
     Refugee, and Other Foreign Relations Provisions Act of 1996 
     (Public Law 104-319; 22 U.S.C. 2151 note).
       (2) Ngawang choephel exchange programs.--There is 
     authorized to be appropriated $575,000 for each of the fiscal 
     years 2021 through 2025 to carry out the ``Ngawang Choephel 
     Exchange Programs'' (formerly known as ``programs of 
     educational and cultural exchange between the United States 
     and the people of Tibet'') under section 103(a) of the Human 
     Rights, Refugee, and Other Foreign Relations Provisions Act 
     of 1996 (Public Law 104-319; 110 Stat. 3865).
       (c) Humanitarian Assistance and Support to Tibetan Refugees 
     in South Asia.--Amounts authorized to be appropriated or 
     otherwise made available to carry out chapter 9 of part I of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2292 et seq.) 
     and the Migration and Refugee Assistance Act of 1962 (Public 
     Law 87-510) for each of the fiscal years 2021 through 2025 
     are authorized to be made available for humanitarian 
     assistance, including food, medicine, clothing, and medical 
     and vocational training, for Tibetan refugees in South Asia 
     who have fled facing a credible threat of persecution in the 
     People's Republic of China.
       (d) Tibetan Autonomous Region and Tibetan Communities in 
     China.--There is authorized to be appropriated $8,000,000 for 
     each year of the fiscal years 2021 through 2025 under chapter 
     4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2346 et seq.) to support activities for Tibetan communities 
     in the Tibet Autonomous Region and in other Tibetan 
     communities in China that are conducted in accordance with 
     subsection 616(d) of the Tibetan Policy Act of 2002 (22 
     U.S.C. 6901 note).
       (e) Assistance for Tibetans in India and Nepal.--There is 
     authorized to be appropriated $6,000,000 for each of the 
     fiscal years 2021 through 2025 under chapter 4 of part II of 
     the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) 
     for programs to promote and preserve Tibetan culture and 
     language development, and the resilience of Tibetan 
     communities in India and Nepal, and to assist in the 
     education and development of the next generation of Tibetan 
     leaders from such communities.
       (f) Tibetan Governance.--There is authorized to be 
     appropriated $3,000,000 for each of the fiscal years 2021 
     through 2025 under chapter 4 of part II of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2346 et seq.) for programs 
     to strengthen the capacity of Tibetan institutions and 
     strengthen democracy, governance, information and 
     international outreach, and research.
       (g) Voice of America and Radio Free Asia.--
       (1) Voice of america.--There is authorized to be 
     appropriated $3,344,000 for each of the fiscal years 2021 
     through 2025 to Voice of America for broadcasts described in 
     paragraph (3).
       (2) Radio free asia.--There is authorized to be 
     appropriated $4,060,000 for each of the fiscal years 2021 
     through 2025 to Radio Free Asia for broadcasts described in 
     paragraph (3).
       (3) Broadcasts described.--Broadcasts described in this 
     paragraph are broadcasts to provide uncensored news and 
     information in the Tibetan language to Tibetans, including 
     Tibetans in Tibet.

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

     SEC. 351. SHORT TITLE.

       This subtitle may be cited as the ``The United States - 
     Northern Triangle Enhanced Engagement Act''.

     SEC. 352. STRATEGY TO ADVANCE PROSPERITY, COMBAT CORRUPTION, 
                   STRENGTHEN DEMOCRATIC GOVERNANCE, AND IMPROVE 
                   CIVILIAN SECURITY IN EL SALVADOR, GUATEMALA, 
                   AND HONDURAS.

       (a) Elements.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State, in 
     coordination with the Administrator of the United States 
     Agency for International Development, and the heads of other 
     relevant Federal agencies, shall submit to the appropriate 
     congressional committees a 5-year strategy to advance 
     economic prosperity, combat corruption, strengthen democratic 
     governance, and improve civilian security in El Salvador, 
     Guatemala, and Honduras and to curb irregular migration from 
     the region.
       (b) Consideration.--In developing the strategy required 
     under this section, the Secretary of State should consider 
     the following priorities:
       (1) Promoting economic prosperity, including by--
       (A) supporting market-based solutions to eliminate 
     constraints to inclusive economic growth;
       (B) addressing the underlying causes of poverty and 
     inequality;
       (C) responding to immediate humanitarian needs by improving 
     humanitarian outcomes, including through access to 
     sanitation, hygiene, and shelter, and by enabling the 
     provision of health resources;
       (D) supporting conservation and community resilience and 
     strengthening community preparedness for natural disasters;
       (E) identifying, as appropriate, a role for relevant United 
     States agencies and the United States private sector in 
     supporting efforts to increase private sector investment and 
     advance economic prosperity; and
       (F) improving domestic resource mobilization, including by 
     strengthening tax collection and enforcement and legal 
     arbitration mechanisms.
       (2) Combating corruption, including by--
       (A) strengthening the capacity of national justice systems 
     and attorneys generals to identify and prosecute money 
     laundering and other financial crimes and breaking up 
     financial holdings of organized criminal syndicates, 
     including illegally acquired lands and proceeds from illegal 
     activities;
       (B) strengthening special prosecutorial offices and 
     financial institutions to conduct asset forfeitures and 
     criminal analysis, and to combat corruption, money 
     laundering, financial crimes, extortion, and human rights 
     crimes;
       (C) implementing transparent, merit-based selection 
     processes for prosecutors and judges and the development of 
     professional and merit-based civil services;
       (D) establishing or strengthening methods, procedures for 
     internal and external control mechanisms for the security and 
     police services and judiciary; and
       (E) supporting anticorruption efforts through bilateral 
     assistance and complementary support through multilateral 
     anticorruption mechanisms when necessary.
       (3) Advancing democratic governance, including by--
       (A) strengthening government institutions at the local and 
     national levels to provide services and respond to citizen 
     needs through transparent, inclusive, and democratic 
     processes;
       (B) strengthening access to information laws and reforming 
     laws that currently limit access to information;
       (C) building the capacity of independent media to engage in 
     professional investigative journalism;
       (D) ensuring that threats and attacks on journalists, labor 
     leaders, human rights defenders, and other members of civil 
     society are fully investigated and perpetrators are held 
     accountable; and
       (E) strengthening electoral institutions and processes to 
     ensure free, fair, and transparent elections.
       (4) Improving security conditions, including by--
       (A) implementing the Central America Regional Security 
     Initiative;
       (B) increasing the professionalization of security 
     services, including the civilian police and military units;
       (C) combating the illicit activities of transnational 
     criminal organizations through support to fully vetted 
     elements of attorneys general offices, appropriate government 
     institutions, and security services; and
       (D) enhancing the capacity of relevant security services 
     and attorneys general to support counternarcotics efforts and 
     combat human trafficking, forcible recruitment of children 
     and youth by gangs, gender-based violence, and other illicit 
     activities, including trafficking of wildlife, and natural 
     resources.
       (c) Consultation.--In developing the strategy required 
     under this section, the Secretary of State may consult with 
     civil society and the private sector in the United States, El 
     Salvador, Guatemala, and Honduras.
       (d) Benchmarks.--The strategy required under this section 
     shall include annual benchmarks to track the strategy's 
     progress in curbing irregular migration from the region to 
     the United States and improving conditions in El Salvador, 
     Guatemala, and Honduras by measuring progress in key areas, 
     including--
       (1) reducing poverty and unemployment, increasing private 
     sector investment, responding to immediate humanitarian 
     needs, sustainably reintegrating returnees, supporting 
     conservation and community resilience, and addressing forced 
     displacement in accordance with the priorities outlined in 
     subsection (b)(1);
       (2) strengthening national justice systems and attorneys 
     generals, supporting multilateral anticorruption mechanisms, 
     identifying and prosecuting money laundering and other 
     financial crimes, breaking up financial holdings of organized 
     criminal syndicates, and advancing judicial integrity and 
     investigative capacity of local authorities in accordance 
     with the priorities outlined in subsection (b)(2);
       (3) strengthening government institutions at the local and 
     national levels to provide services and respond to citizen 
     needs through transparent, inclusive, and democratic 
     processes, promoting human rights, building the capacity of 
     independent media, developing the capacity of civil society 
     to conduct oversight, affording legal protections for human 
     rights defenders and members of civil society, and 
     strengthening electoral institutions in accordance with 
     priorities outlined in subsection (b)(3); and
       (4) implementing the objectives stated under the Central 
     America Regional Security Initiative and building the 
     capacity of civilian security services in accordance with the 
     priorities outlined in subsection (b)(4).
       (e) Public Diplomacy.--The strategy required under this 
     section shall include a public diplomacy strategy for 
     educating citizens of the region about United States 
     assistance and its benefits to them, and informing such 
     citizens of the dangers of irregular migration to the United 
     States.
       (f) Annual Progress Updates.--Not later than 1 year after 
     the submission of the strategy required under this section 
     and annually thereafter for 4 years, the Secretary of State 
     shall provide the appropriate congressional committees with a 
     written description of progress made in meeting the 
     benchmarks established in the strategy.

[[Page H7833]]

       (g) Public Availability.--The strategy required under this 
     section shall be made publicly available on the website of 
     the Department of State. If appropriate, a classified annex 
     may be submitted to the appropriate congressional committees.
       (h) Definition.--In this section, the term ``appropriate 
     congressional committees'' means--
       (1) the Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate; and
       (2) the Committee on Foreign Affairs and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 353. TARGETED SANCTIONS TO FIGHT CORRUPTION IN EL 
                   SALVADOR, GUATEMALA, AND HONDURAS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) corruption in El Salvador, Guatemala, and Honduras by 
     private citizens and select officials in local, regional, and 
     Federal governments significantly damages the economies of 
     such countries and deprives citizens of opportunities;
       (2) corruption in El Salvador, Guatemala, and Honduras is 
     facilitated and carried out not only by private citizens and 
     select officials from those countries but also in many 
     instances by individuals from third countries; and
       (3) imposing targeted sanctions on individuals from 
     throughout the world and particularly in the Western 
     Hemisphere who are engaged in acts of significant corruption 
     that impact El Salvador, Guatemala, and Honduras or 
     obstruction of investigations into such acts of corruption 
     will benefit the citizens and governments of such countries.
       (b) Report Required.--Not later than 180 days after the 
     date of the enactment of this Act, and not less frequently 
     than annually thereafter, the President shall submit to the 
     appropriate congressional committees an unclassified report 
     with classified annex if necessary that identifies each 
     foreign person who the President determines to have knowingly 
     engaged in actions that undermine democratic processes or 
     institutions, or in significant corruption or obstruction of 
     investigations into such acts of corruption in El Salvador, 
     Guatemala, and Honduras, including the following:
       (1) Corruption related to government contracts.
       (2) Bribery and extortion.
       (3) The facilitation or transfer of the proceeds of 
     corruption, including through money laundering.
       (4) Acts of violence, harassment, or intimidation directed 
     at governmental and nongovernmental corruption investigators.
       (c) Imposition of Sanctions.--The President shall impose 
     the sanctions described in subsection (d) with respect to 
     each foreign person identified in the report required under 
     subsection (b).
       (d) Sanctions Described.--
       (1) In general.--The sanctions described in this subsection 
     are the following:
       (A) Ineligibility for visas and admission to the united 
     states.--In the case of a foreign person who is an 
     individual, such foreign person is--
       (i) inadmissible to the United States;
       (ii) ineligible to receive a visa or other documentation to 
     enter the United States; and
       (iii) otherwise ineligible to be admitted or paroled into 
     the United States or to receive any other benefit under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (B) Current visas revoked.--
       (i) In general.--The issuing consular officer or the 
     Secretary of State, (or a designee of the Secretary of State) 
     shall, in accordance with section 221(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or 
     other entry documentation issued to a foreign person 
     regardless of when the visa or other entry documentation is 
     issued.
       (ii) Effect of revocation.--A revocation under clause (i) 
     shall--

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

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

                      Subtitle G--Other Provisions

     SEC. 361. OFFICE OF SANCTIONS COORDINATION.

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

[[Page H7834]]

     in foreign governments establishing exchange programs for the 
     temporary detail of Federal Government employees to share 
     information and expertise with respect to the development and 
     implementation of sanctions authorities.
       (5) Briefing required.--Not later than 90 days after the 
     date of the enactment of this Act and every 180 days 
     thereafter until the date that is five years after such date 
     of enactment, the Secretary of State shall brief the 
     appropriate congressional committees on the efforts of the 
     Department of State to implement this section, including a 
     description of--
       (A) measures taken to implement paragraph (1);
       (B) actions taken pursuant to paragraphs (2) through (4);
       (C) the extent of coordination between the United States 
     and allies and partners of the United States, including the 
     countries specified in paragraph (1), with respect to the 
     development and implementation of sanctions policy; and
       (D) obstacles preventing closer coordination between the 
     United States and such allies and partners with respect to 
     the development and implementation of sanctions policy.
       (c) Sense of Congress.--It is the sense of the Congress 
     that the President should appoint a coordinator for sanctions 
     and national economic security issues within the framework of 
     the National Security Council.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Banking, Housing, and Urban Affairs, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on Finance of the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Financial Services, the Committee on Oversight and Reform, 
     and the Committee on Way and Means of the House of 
     Representatives.

            TITLE IV--SENATE SERGEANT AT ARMS CLOUD SERVICES

     SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.

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

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

     SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL 
                   PROPERTY IN PLUM ISLAND, NEW YORK.

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

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

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``Preventing Online Sales of 
     E-Cigarettes to Children Act''.

     SEC. 602. AMENDMENTS TO THE JENKINS ACT.

       (a) In General.--The Act entitled ``An Act to assist States 
     in collecting sales and use taxes on cigarettes'', approved 
     October 19, 1949 (commonly known as the ``Jenkins Act'') (15 
     U.S.C. 375 et seq.), is amended--
       (1) in section 1 (15 U.S.C. 375)--
       (A) in paragraph (2)(A)(ii)--
       (i) by striking ``includes roll-your-own tobacco'' and 
     inserting the following: ``includes--

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

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

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

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

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

[[Page H7835]]

       ``(ii) marketed and sold solely for a purpose described in 
     clause (i).''; and
       (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by 
     inserting ``NICOTINE/'' after
     ``CIGARETTES/''.
       (b) Effective Date.--This section, and the amendments made 
     by this section, shall take effect on the date that is 90 
     days after the date of enactment of this Act.
       (c) Rule of Construction.--Nothing in this section, or an 
     amendment made by this section, may be construed to affect or 
     otherwise alter any provision of the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.), including its 
     implementing regulations.

     SEC. 603. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY 
                   SYSTEMS.

       (a) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the United States Postal Service shall 
     promulgate regulations to clarify the applicability of the 
     prohibition on mailing of cigarettes under section 1716E of 
     title 18, United States Code, to electronic nicotine delivery 
     systems, in accordance with the amendment to the definition 
     of ``cigarette'' made by section 602.
       (b) Effective Date.--The prohibition on mailing of 
     cigarettes under section 1716E of title 18, United States 
     Code, shall apply to electronic nicotine delivery systems on 
     and after the date on which the United States Postal Service 
     promulgates regulations under subsection (a) of this section.

                    TITLE VII--FAFSA SIMPLIFICATION

     SEC. 701. SHORT TITLE; EFFECTIVE DATE.

       (a) Short Title.--This title may be cited as the ``FAFSA 
     Simplification Act''.
       (b) General Effective Date.--Except as otherwise expressly 
     provided, this Act, and the amendments made by this title to 
     the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), 
     shall take effect on July 1, 2023, and shall apply with 
     respect to award year 2023-2024 and each subsequent award 
     year, as determined under the Higher Education Act of 1965. 
     The Secretary of Education shall have the authority to take 
     such steps as are necessary before July 1, 2023, to provide 
     for the orderly implementation on such date of the amendments 
     to the Higher Education Act of 1965 made by this Act.

     SEC. 702. MAKING IT EASIER TO APPLY FOR FEDERAL AID AND 
                   MAKING THAT AID PREDICTABLE.

       (a) Need Analysis.--
       (1) In general.--Section 471 of the Higher Education Act of 
     1965 (20 U.S.C. 1087kk) is amended to read as follows:

     ``SEC. 471. AMOUNT OF NEED.

       ``Except as otherwise provided therein, for award year 
     2023-2024 and each subsequent award year, the amount of need 
     of any student for financial assistance under this title 
     (except subpart 1 or 2 of part A) is equal to--
       ``(1) the cost of attendance of such student, minus
       ``(2) the student aid index (as defined in section 473) for 
     such student, minus
       ``(3) other financial assistance not received under this 
     title (as defined in section 480(i)).''.
       (2) Maximum aid under part d.--Section 451 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087a) is amended by adding 
     at the end the following:
       ``(c) Maximum Aid.--The maximum dollar amount of financial 
     assistance provided under this part to a student shall not 
     exceed the cost of attendance for such student.''.
       (3) Guidance to states.--The Secretary of Education shall 
     issue guidance for States on interpretation and 
     implementation of the terminology and formula adjustments 
     made to the Higher Education Act of 1965 (20 U.S.C. 1001 et 
     seq.) under the amendments by this Act, including the student 
     aid index, formerly known as the expected family 
     contribution, and the need analysis formulas.
       (b) Cost of Attendance and Student Aid Index.--Sections 472 
     and 473 of the Higher Education Act of 1965 (20 U.S.C. 1087ll 
     and 1087mm) are amended to read as follows:

     ``SEC. 472. COST OF ATTENDANCE.

       ``(a) In General.--For the purpose of this title, the term 
     `cost of attendance' means--
       ``(1) tuition and fees normally assessed a student carrying 
     the same academic workload as determined by the institution;
       ``(2) an allowance for books, course materials, supplies, 
     and equipment, which shall include all such costs required of 
     all such students in the same course of study, including a 
     reasonable allowance for the documented rental or upfront 
     purchase of a personal computer, as determined by the 
     institution;
       ``(3) an allowance for transportation, which may include 
     transportation between campus, residences, and place of work, 
     as determined by the institution;
       ``(4) an allowance for miscellaneous personal expenses, for 
     a student attending the institution on at least a half-time 
     basis, as determined by the institution;
       ``(5) an allowance for living expenses, including food and 
     housing costs, to be incurred by the student attending the 
     institution on at least a half-time basis, as determined by 
     the institution, which shall include--
       ``(A) for a student electing institutionally owned or 
     operated food services, such as board or meal plans, a 
     standard allowance for such services that provides the 
     equivalent of three meals each day;
       ``(B) for a student not electing institutionally owned or 
     operated food services, such as board or meal plans, a 
     standard allowance for purchasing food off campus that 
     provides the equivalent of three meals each day;
       ``(C) for a student without dependents residing in 
     institutionally owned or operated housing, a standard 
     allowance determined by the institution based on the average 
     or median amount assessed to such residents for housing 
     charges, whichever is greater;
       ``(D) for a student with dependents residing in 
     institutionally owned or operated housing, a standard 
     allowance determined by the institution based on the average 
     or median amount assessed to such residents for housing 
     charges, whichever is greater;
       ``(E) for a student living off campus, and not in 
     institutionally owned or operated housing, a standard 
     allowance for rent or other housing costs;
       ``(F) for a dependent student residing at home with 
     parents, a standard allowance that shall not be zero 
     determined by the institution;
       ``(G) for a student living in housing located on a military 
     base or for which a basic allowance is provided under section 
     403(b) of title 37, United States Code, a standard allowance 
     for food based upon such student's choice of purchasing food 
     on-campus or off-campus (determined respectively in 
     accordance with subparagraph (A) or (B)), but not for housing 
     costs; and
       ``(H) for all other students, an allowance based on the 
     expenses reasonably incurred by such students for housing and 
     food;
       ``(6) for a student engaged in a program of study by 
     correspondence, only tuition and fees and, if required, books 
     and supplies, travel, and housing and food costs incurred 
     specifically in fulfilling a required period of residential 
     training;
       ``(7) for a confined or incarcerated student, only tuition, 
     fees, books, course materials, supplies, equipment, and the 
     cost of obtaining a license, certification, or a first 
     professional credential in accordance with paragraph (14);
       ``(8) for a student enrolled in an academic program in a 
     program of study abroad approved for credit by the student's 
     home institution, reasonable costs associated with such study 
     (as determined by the institution at which such student is 
     enrolled);
       ``(9) for a student with one or more dependents, an 
     allowance based on the estimated actual expenses incurred for 
     such dependent care, based on the number and age of such 
     dependents, except that--
       ``(A) such allowance shall not exceed the reasonable cost 
     in the community in which such student resides for the kind 
     of care provided; and
       ``(B) the period for which dependent care is required 
     includes, but is not limited to, class-time, study-time, 
     field work, internships, and commuting time;
       ``(10) for a student with a disability, an allowance (as 
     determined by the institution) for those expenses related to 
     the student's disability, including special services, 
     personal assistance, transportation, equipment, and supplies 
     that are reasonably incurred and not provided for by other 
     assisting agencies;
       ``(11) for a student receiving all or part of the student's 
     instruction by means of telecommunications technology, no 
     distinction shall be made with respect to the mode of 
     instruction in determining costs;
       ``(12) for a student engaged in a work experience under a 
     cooperative education program, an allowance for reasonable 
     costs associated with such employment (as determined by the 
     institution);
       ``(13) for a student who receives a Federal student loan 
     made under this title or any other Federal law, to cover a 
     student's cost of attendance at the institution, an allowance 
     for the actual cost of any loan fee, origination fee, or 
     insurance premium charged to such student or the parent of 
     such student on such loan; and
       ``(14) for a student in a program requiring professional 
     licensure, certification, or a first professional credential, 
     the cost of obtaining the license, certification, or a first 
     professional credential.
       ``(b) Special Rule for Living Expenses for Less-than-half-
     time Students.--For students attending an institution of 
     higher education less than half-time, an institution of 
     higher education may include an allowance for living 
     expenses, including food and housing costs in accordance with 
     subsection (a)(4) for up to three semesters, or the 
     equivalent, with no more than two semesters being 
     consecutive.
       ``(c) Disclosure of Cost of Attendance Elements.--Each 
     institution shall make publicly available on the 
     institution's website a list of all the elements of cost of 
     attendance described in paragraphs (1) through (14) of 
     subsection (a), and shall disclose such elements on any 
     portion of the website describing tuition and fees of the 
     institution.

     ``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.

       ``(a) In General.--For the purpose of this Act, the term 
     `student aid index' means, with respect to a student, an 
     index that reflects an evaluation of a student's approximate 
     financial resources to contribute toward the student's 
     postsecondary education for the academic year, as determined 
     in accordance with this part.
       ``(b) Special Rule for Students Eligible for the Total 
     Maximum Pell Grant.--The Secretary shall consider an 
     applicant to automatically have a student aid index equal to 
     zero if the applicant is eligible for the total maximum 
     Federal Pell Grant under section 401(b)(1)(A), except that, 
     if the applicant has a calculated student aid index of less 
     than zero the Secretary shall consider the negative number as 
     the student aid index for the applicant.
       ``(c) Special Rule for Nonfilers.--Notwithstanding 
     subsection (b), for an applicant (or, as applicable, an 
     applicant and spouse, or an applicant's parents) who is not 
     required to file a Federal tax return for the second 
     preceding tax year, the Secretary shall for the purposes of 
     this title consider the student aid index as equal to - 
     $1,500 for the applicant.''.
       (c) Determination of Student Aid Index.--Section 474 of the 
     Higher Education Act of 1965 (20 U.S.C. 1087nn) is amended to 
     read as follows:

[[Page H7836]]

  


     ``SEC. 474. DETERMINATION OF STUDENT AID INDEX.

       ``The student aid index--
       ``(1) for a dependent student shall be determined in 
     accordance with section 475;
       ``(2) for a single independent student or a married 
     independent student without dependents (other than a spouse) 
     shall be determined in accordance with section 476; and
       ``(3) for an independent student with dependents other than 
     a spouse shall be determined in accordance with section 
     477.''.
       (d) Student Aid Index for Dependent Students.--Section 475 
     of the Higher Education Act of 1965 (20 U.S.C. 1087oo) is 
     amended to read as follows:

     ``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.

       ``(a) Computation of Student Aid Index.--
       ``(1) In general.--Except as provided in paragraph (2), for 
     each dependent student, the student aid index is equal to the 
     sum of--
       ``(A) the assessment of the parents' adjusted available 
     income (determined in accordance with subsection (b));
       ``(B) the assessment of the student's available income 
     (determined in accordance with subsection (g)); and
       ``(C) the student's available assets (determined in 
     accordance with subsection (h)).
       ``(2) Exception.--If the sum determined under paragraph (1) 
     with respect to a dependent student is less than - $1,500, 
     the student aid index for the dependent student shall be - 
     $1,500.
       ``(b) Assessment of Parents' Adjusted Available Income.--
     The assessment of parents' adjusted available income is equal 
     to the amount determined by--
       ``(1) computing adjusted available income by adding--
       ``(A) the parents' available income (determined in 
     accordance with subsection (c)); and
       ``(B) the parents' available assets (determined in 
     accordance with subsection (d));
       ``(2) assessing such adjusted available income in 
     accordance with the assessment schedule set forth in 
     subsection (e); and
       ``(3) considering such assessment resulting under paragraph 
     (2) as the amount determined under this subsection.
       ``(c) Parents' Available Income.--
       ``(1) In general.--The parents' available income is 
     determined by subtracting from total income (as defined in 
     section 480)--
       ``(A) Federal income taxes;
       ``(B) an allowance for payroll taxes, determined in 
     accordance with paragraph (2);
       ``(C) an income protection allowance, determined in 
     accordance with paragraph (3); and
       ``(D) an employment expense allowance, determined in 
     accordance with paragraph (4).
       ``(2) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the parents, multiplied by 
     the rate of tax under section 3101(b) of the Internal Revenue 
     Code of 1986; and
       ``(B) the amount earned by the parents that does not exceed 
     such contribution and benefit base (twice such contribution 
     and benefit base, in the case of a joint return) for the year 
     of the earnings, multiplied by the rate of tax applicable to 
     such earnings under section 3101(a) of the Internal Revenue 
     Code of 1986.
       ``(3) Income protection allowance.--The income protection 
     allowance shall equal the amount determined in the following 
     table, as adjusted by the Secretary pursuant to section 
     478(b):

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

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

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

[[Page H7837]]

 
56............................................................                   $8,100                   $3,100
57............................................................                   $8,400                   $3,100
58............................................................                   $8,600                   $3,200
59............................................................                   $8,800                   $3,300
60............................................................                   $9,100                   $3,400
61............................................................                   $9,300                   $3,500
62............................................................                   $9,600                   $3,600
63............................................................                   $9,900                   $3,700
64............................................................                  $10,200                   $3,800
65 or more....................................................                  $10,500                  $3,900.
----------------------------------------------------------------------------------------------------------------

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

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

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

     ``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS 
                   WITHOUT DEPENDENTS OTHER THAN A SPOUSE.

       ``(a) Computation of Student Aid Index.--
       ``(1) In general.--For each independent student without 
     dependents other than a spouse, the student aid index is 
     equal to (except as provided in paragraph (2)) the sum of--
       ``(A) the family's available income (determined in 
     accordance with subsection (b)); and
       ``(B) the family's available assets (determined in 
     accordance with subsection (c)).
       ``(2) Exception.--If the sum determined under paragraph (1) 
     with respect to an independent student without dependents 
     other than a spouse is less than - $1,500, the student aid 
     index for the independent student shall be - $1,500.
       ``(b) Family's Available Income.--
       ``(1) In general.--The family's available income is 
     determined by--
       ``(A) deducting from total income (as defined in section 
     480)--
       ``(i) Federal income taxes;
       ``(ii) an allowance for payroll taxes, determined in 
     accordance with paragraph (2);
       ``(iii) an income protection allowance that is equal to--

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

       ``(iv) in the case of a married independent student, an 
     employment expense allowance, as determined in accordance 
     with paragraph (3); and
       ``(B) multiplying the amount determined under subparagraph 
     (A) by 50 percent.
       ``(2) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the student (and spouse, 
     if appropriate), multiplied by the rate of tax under section 
     3101(b) of the Internal Revenue Code of 1986; and
       ``(B) the amount earned by the student (and spouse, if 
     appropriate) that does not exceed such contribution and 
     benefit base (twice such contribution and benefit base, in 
     the case of a joint return) for the year of the earnings, 
     multiplied by the rate of tax applicable to such earnings 
     under section 3101(a) of the Internal Revenue Code of 1986.
       ``(3) Employment expense allowance.--The employment expense 
     allowance is equal to the following:
       ``(A) If the student is married, such allowance is equal to 
     the lesser of $4,000 or 35 percent of the couple's combined 
     earned income (as adjusted by the Secretary pursuant to 
     section 478(g)).
       ``(B) If the student is not married, the employment expense 
     allowance is zero.
       ``(c) Family's Available Assets.--

[[Page H7838]]

       ``(1) In general.--
       ``(A) Determination.--Except as provided in subparagraph 
     (B), the family's available assets are equal to--
       ``(i) the difference between the family's assets (as 
     defined in section 480(f)) and the asset protection allowance 
     (determined in accordance with paragraph (2)); multiplied by
       ``(ii) 20 percent.
       ``(B) Not less than zero.--The family's available assets 
     under this subsection shall not be less than zero.
       ``(2) Asset protection allowance.--The asset protection 
     allowance is calculated based on the following table (as 
     revised by the Secretary pursuant to section 478(d)):

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

       ``(d) Computations in Case of Separation, Divorce, or 
     Death.--In the case of a student who is divorced or 
     separated, or whose spouse has died, the spouse's income and 
     assets shall not be considered in determining the family's 
     available income or assets.''.
       (f) Student Aid Index for Independent Students With 
     Dependents Other Than a Spouse.--Section 477 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087qq) is amended to read 
     as follows:

     ``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH 
                   DEPENDENTS OTHER THAN A SPOUSE.

       ``(a) Computation of Student Aid Index.--
       ``(1) In general.--For each independent student with 
     dependents other than a spouse, the student aid index is 
     equal to the amount determined by--
       ``(A) computing adjusted available income by adding--
       ``(i) the family's available income (determined in 
     accordance with subsection (b)); and
       ``(ii) the family's available assets (determined in 
     accordance with subsection (c));
       ``(B) assessing such adjusted available income in 
     accordance with an assessment schedule set forth in 
     subsection (d); and
       ``(C) considering such assessment resulting under 
     subparagraph (B) as the amount determined under this 
     subsection.
       ``(2) Exception.--If the sum determined under paragraph (1) 
     with respect to an independent student with dependents other 
     than a spouse is less than - $1,500, the student aid index 
     for the independent student shall be - $1,500.
       ``(b) Family's Available Income.--
       ``(1) In general.--The family's available income is 
     determined by deducting from total income (as defined in 
     section 480)--
       ``(A) Federal income taxes;
       ``(B) an allowance for payroll taxes, determined in 
     accordance with paragraph (2);
       ``(C) an income protection allowance, determined in 
     accordance with paragraph (3); and
       ``(D) an employment expense allowance, determined in 
     accordance with paragraph (4).
       ``(2) Allowance for payroll taxes.--The allowance for 
     payroll taxes is equal to the sum of--
       ``(A) the total amount earned by the student (and spouse, 
     if appropriate), multiplied by the rate of tax under section 
     3101(b) of the Internal Revenue Code of 1986; and
       ``(B) the amount earned by the student (and spouse, if 
     appropriate) that does not exceed such contribution and 
     benefit base (twice such contribution and benefit base, in 
     the case of a joint return) for the year of the earnings, 
     multiplied by the rate of tax applicable to such earnings 
     under section 3101(a) of the Internal Revenue Code of 1986.
       ``(3) Income protection allowance.--The income protection 
     allowance shall equal the amount determined in the following 
     table, as adjusted by the Secretary pursuant to section 
     478(b):
       ``(A) In the case of a married independent student with 
     dependents:

     ``Income Protection Allowance (to be adjusted for 2023-2024 and
                            succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
3..........................................................      $46,140

[[Page H7839]]

 
4..........................................................      $56,970
5..........................................................      $67,230
6..........................................................      $78,620
For each additional add....................................      $8,880.
------------------------------------------------------------------------

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

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

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

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

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

[[Page H7840]]



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

       ``(e) Computations in Case of Separation, Divorce, or 
     Death.--In the case of a student who is divorced or 
     separated, or whose spouse has died, the spouse's income and 
     assets shall not be considered in determining the family's 
     available income or assets.''.
       (g) Regulations; Updated Tables.--Section 478 of the Higher 
     Education Act of 1965 (20 U.S.C. 1087rr) is amended to read 
     as follows:

     ``SEC. 478. REGULATIONS; UPDATED TABLES.

       ``(a) Authority To Prescribe Regulations Restricted.--
     Notwithstanding any other provision of law, the Secretary 
     shall not have the authority to prescribe regulations to 
     carry out this part except--
       ``(1) to prescribe updated tables in accordance with 
     subsections (b) through (g); and
       ``(2) with respect to the definition of cost of attendance 
     under section 472, excluding section 472(a)(1).
       ``(b) Income Protection Allowance Adjustments.--For award 
     year 2023-2024 and each subsequent award year, the Secretary 
     shall publish in the Federal Register revised income 
     protection allowances for the purposes of subsections (c)(3) 
     and (g)(2)(C) of section 475, subclauses (I) and (II) of 
     section 476(b)(1)(A)(iii), and section 477(b)(3), by 
     increasing the income protection allowances in each of such 
     provisions, by a percentage equal to the percentage increase 
     in the Consumer Price Index, as defined in subsection (f), 
     between April 2020 and the April in the year prior to the 
     beginning of the award year and rounding the result to the 
     nearest $10.
       ``(c) Adjusted Net Worth of a Farm or Business.--
       ``(1) Table.--The table of the net worth of a farm or 
     business for purposes of making determinations of assets as 
     defined under section 480(f) is the following:

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

       ``(2) Revised tables.--For award year 2023-2024 and each 
     subsequent award year, the Secretary shall publish in the 
     Federal Register a revised table of the adjusted net worth of 
     a farm or business for purposes of section 480(f). Such 
     revised table shall be developed--
       ``(A) by increasing each dollar amount that refers to net 
     worth of a farm or business by a percentage equal to the 
     percentage increase in the Consumer Price Index between April 
     2020 and the April in the year prior to the beginning of such 
     award year, and rounding the result to the nearest $5,000; 
     and
       ``(B) by adjusting the dollar amounts in the column 
     referring to the adjusted net worth to reflect the changes 
     made pursuant to subparagraph (A).
       ``(d) Asset Protection Allowance.--For award year 2023-2024 
     and each subsequent award year, the Secretary shall publish 
     in the Federal Register a revised table of allowances for the 
     purpose of sections 475(d)(2), 476(c)(2), and 477(c)(2). Such 
     revised table shall be developed by determining the present 
     value cost, rounded to the nearest $100, of an annuity that 
     would provide, for each age cohort of 40 and above, a 
     supplemental income at age 65 (adjusted for inflation) equal 
     to the difference between the moderate family income (as most 
     recently determined by the Bureau of Labor Statistics), and 
     the current average social security retirement benefits. For 
     each age cohort below 40, the allowance shall be computed by 
     decreasing the allowance for age 40, as updated, by one-
     fifteenth for each year of age below age 40 and rounding the 
     result to the nearest $100. In making such determinations--
       ``(1) the tables of allowances specified in sections 
     475(d)(2), 476(c)(2), and 477(c)(2) shall be considered to be 
     for award year 2021-2022 for the purposes of calculating 
     inflation;
       ``(2) inflation shall be presumed to be 6 percent per year;
       ``(3) the rate of return of an annuity shall be presumed to 
     be 8 percent; and
       ``(4) the sales commission on an annuity shall be presumed 
     to be 6 percent.
       ``(e) Assessment Schedules and Rates.--For award year 2023-
     2024 and each subsequent award year, the Secretary shall 
     publish in the Federal Register a revised table of 
     assessments from adjusted available income for the purpose of 
     sections 475(e) and 477(d). Such revised table shall be 
     developed--
       ``(1) by increasing each dollar amount that refers to 
     adjusted available income by a percentage equal to the 
     percentage increase in the Consumer Price Index between April 
     2020 and the April in the year prior to the beginning of such 
     academic year, rounded to the nearest $100; and
       ``(2) by adjusting the other dollar amounts to reflect the 
     changes made pursuant to paragraph (1).
       ``(f) Consumer Price Index Defined.--In this section, the 
     term `Consumer Price Index' means the Consumer Price Index 
     for All Urban Consumers published by the Department of Labor. 
     Each annual update of tables to reflect changes in the 
     Consumer Price Index shall be corrected for misestimation of 
     actual changes in such Index in previous years.
       ``(g) Employment Expense Allowance.--For award year 2023-
     2024 and each succeeding award year, the Secretary shall 
     publish in the Federal Register a revised table of employment 
     expense allowances for the purpose of sections 475(c)(4), 
     476(b)(3), and 477(b)(4). Such revised table shall be 
     developed by increasing the dollar amount specified in 
     sections 475(c)(4), 476(b)(3), and 477(b)(4) by a percentage 
     equal to the percentage increase in the Consumer Price Index, 
     as defined in subsection (f), between April 2020 and the 
     April in the year prior to the beginning of the award year 
     and rounding the result to the nearest $10.
       ``(h) Clarification for Award Year 2023-2024.--For award 
     year 2023-2024, the Secretary shall determine adjusted 
     amounts and prescribe revised tables with respect to the 
     income protection, employment expense, and asset protection 
     allowances and the assessment schedules under sections 475, 
     476, and 477, pursuant to this section. The amounts and 
     tables specified in sections 475, 476, and 477 with respect 
     to such allowances and schedules shall only be used by the 
     Secretary as a baseline for adjustments and table revisions 
     prescribed in accordance with this section.''.
       (h) Applicants Exempt From Asset Reporting.--Section 479 of 
     the Higher Education Act of 1965 (20 U.S.C. 1087ss) is 
     amended to read as follows:

     ``SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.

       ``(a) In General.--Notwithstanding any other provision of 
     law, this section shall be effective for each individual 
     seeking to apply for Federal financial aid under this title, 
     as part of the simplified application for Federal student 
     financial aid under section 483, on or after July 1, 2023.
       ``(b) Applicants Exempt From Asset Reporting.--
       ``(1) In general.--Except as provided in paragraph (3), in 
     carrying out section 483, the Secretary shall not use asset 
     information from an eligible applicant or, as applicable, the 
     parent or spouse of an eligible applicant.
       ``(2) Eligible applicants.--In this subsection, the term 
     `eligible applicant' means an applicant who meets at least 
     one of the following criteria:
       ``(A) Is an applicant who qualifies for an automatic zero 
     student aid index or negative student aid index under 
     subsection (b) or (c) of section 473.
       ``(B) Is an applicant who is a dependent student and the 
     student's parents have a total adjusted gross income 
     (excluding any income of the dependent student) that is less 
     than $60,000 and do not file a Schedule A, B, D, E, F, or H 
     (or equivalent successor schedules) with the Federal income 
     tax return for the second preceding tax year, and--
       ``(i) do not file a Schedule C (or the equivalent successor 
     schedule) with the Federal income tax return for the second 
     preceding tax year; or
       ``(ii) file a Schedule C (or the equivalent successor 
     schedule) with net business income of not more than a $10,000 
     loss or gain with the Federal income tax return for the 
     second preceding tax year.
       ``(C) Is an applicant who is an independent student and the 
     student (including the student's spouse, if any) has a total 
     adjusted gross income that is less than $60,000 and does not 
     file a

[[Page H7841]]

     Schedule A, B, D, E, F, or H (or equivalent successor 
     schedules), with the Federal income tax return for the second 
     preceding tax year, and--
       ``(i) does not file a Schedule C (or the equivalent 
     successor schedule) with the Federal income tax return for 
     the second preceding tax year; or
       ``(ii) files a Schedule C (or the equivalent successor 
     schedule) with net business income of not more than a $10,000 
     loss or gain with the Federal income tax return for the 
     second preceding tax year.
       ``(D) Is an applicant who, at any time during the previous 
     24-month period, received a benefit under a means-tested 
     Federal benefit program (or whose parent or spouse received 
     such a benefit, as applicable).
       ``(3) Special rule.--An eligible applicant shall not be 
     exempt from asset reporting under this section if the 
     applicant is a dependent student and the students' parents do 
     not--
       ``(A) reside in the United States or a United States 
     territory; or
       ``(B) file taxes in the United States or a United States 
     territory, except if such nonfiling is due to not being 
     required to file a Federal tax return for the applicable tax 
     year due to a low income.
       ``(4) Definitions.--In this section:
       ``(A) Schedule a.--The term `Schedule A' means a form or 
     information by a taxpayer to report itemized deductions.
       ``(B) Schedule b.--The term `Schedule B' means a form or 
     information filed by a taxpayer to report interest and 
     ordinary dividend income.
       ``(C) Schedule c.--The term `Schedule C' means a form or 
     information filed by a taxpayer to report income or loss from 
     a business operated or a profession practiced as a sole 
     proprietor.
       ``(D) Schedule d .--The term `Schedule D' means a form or 
     information filed by a taxpayer to report sales, exchanges or 
     some involuntary conversions of capital assets, certain 
     capital gain distributions, and nonbusiness bad debts.
       ``(E) Schedule e .--The term `Schedule E' means a form or 
     information filed by a taxpayer to report income from rental 
     properties, royalties, partnerships, S corporations, estates, 
     trusts, and residual interests in real estate mortgage 
     investment conduits.
       ``(F) Schedule f.--The term `Schedule F' means a form or 
     information filed by a taxpayer to report farm income and 
     expenses.
       ``(G) Schedule h.--The term `Schedule H' means a form or 
     information filed by a taxpayer to report household 
     employment taxes.
       ``(H) Means-tested federal benefit program.--The term 
     `means-tested Federal benefit program' means any of the 
     following:
       ``(i) The supplemental security income program under title 
     XVI of the Social Security Act (42 U.S.C. 1381 et seq.).
       ``(ii) The supplemental nutrition assistance program under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), a 
     nutrition assistance program carried out under section 19 of 
     such Act (7 U.S.C. 2028), and a supplemental nutrition 
     assistance program carried out under section 3(c) of the Act 
     entitled `An Act to authorize appropriations for certain 
     insular areas of the United States, and for other purposes' 
     (Public Law 95-348).
       ``(iii) The program of block grants for States for 
     temporary assistance for needy families established under 
     part A of title IV of the Social Security Act (42 U.S.C. 601 
     et seq.).
       ``(iv) The special supplemental nutrition program for 
     women, infants, and children established by section 17 of the 
     Child Nutrition Act of 1966 (42 U.S.C. 1786).
       ``(v) The Medicaid program under title XIX of the Social 
     Security Act (42 U.S.C. 1396 et seq.).
       ``(vi) Federal housing assistance programs, including 
     tenant-based assistance under section 8(o) of the United 
     States Housing Act of 1937 (42 U.S.C. 1437f(o)), and public 
     housing, as defined in section 3(b)(1) of such Act (42 U.S.C. 
     1437a(b)(1)).
       ``(vii) Other means-tested programs determined by the 
     Secretary to be approximately consistent with the income 
     eligibility requirements of the means-tested programs under 
     clauses (i) through (vi).''.
       (i) Discretion of Student Financial Aid Administrators.--
     Section 479A of the Higher Education Act of 1965 (20 U.S.C. 
     1087tt) is amended to read as follows:

     ``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID 
                   ADMINISTRATORS.

       ``(a) In General.--
       ``(1) Authority of financial aid administrators.--A 
     financial aid administrator shall have the authority to, on 
     the basis of adequate documentation, make adjustments to any 
     or all of the following on a case-by-case basis:
       ``(A) For an applicant with special circumstances under 
     subsection (b) to--
       ``(i) the cost of attendance;
       ``(ii) the values of the data used to calculate the student 
     aid index; or
       ``(iii) the values of the data used to calculate the 
     Federal Pell Grant award.
       ``(B) For an applicant with unusual circumstances under 
     subsection (c), to the dependency status of such applicant.
       ``(2) Limitations on authority.--
       ``(A) Use of authority.--No institution of higher education 
     or financial aid administrator shall maintain a policy of 
     denying all requests for adjustments under this section.
       ``(B) No additional fee.--No student or parent shall be 
     charged a fee for a documented interview of the student by 
     the financial aid administrator or for the review of a 
     student or parent's request for adjustments under this 
     section including the review of any supplementary information 
     or documentation of a student or parent's special 
     circumstances or a student's unusual circumstances.
       ``(C) Rule of construction.--The authority to make 
     adjustments under paragraph (1)(A) shall not be construed to 
     permit financial aid administrators to deviate from the cost 
     of attendance, the values of data used to calculate the 
     student aid index or the values of data used to calculate the 
     Federal Pell Grant award (or both) for awarding aid under 
     this title in the absence of special circumstances.
       ``(3) Adequate documentation.--Adequate documentation for 
     adjustments under this section must substantiate the special 
     circumstances or unusual circumstances of an individual 
     student, and may include, to the extent relevant and 
     appropriate--
       ``(A) a documented interview between the student and the 
     financial aid administrator;
       ``(B) for the purposes of determining that a student 
     qualifies for an adjustment under paragraph (1)(B)--
       ``(i) submission of a court order or official Federal or 
     State documentation that the student or the student's parents 
     or legal guardians are incarcerated in any Federal or State 
     penal institution;
       ``(ii) a documented phone call or a written statement, 
     which confirms the specific unusual circumstances with--

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

       ``(iii) a documented phone call or a written statement from 
     an attorney, a guardian ad litem, or a court-appointed 
     special advocate, or a person serving in a similar capacity 
     which confirms the specific unusual circumstances and 
     documents the person's relationship to the student;
       ``(iv) a documented phone call or written statement from a 
     representative under chapter 1 or 2 of subpart 2 of part A, 
     which confirms the specific unusual circumstances and 
     documents the representative's relationship to the student;
       ``(v) documents, such as utility bills or health insurance 
     documentation, that demonstrate a separation from parents or 
     legal guardians; and
       ``(vi) in the absence of documentation described in this 
     subparagraph, other documentation the financial aid 
     administrator determines is adequate to confirm the unusual 
     circumstances, pursuant to section 480(d)(9); and
       ``(C) supplementary information, as necessary, about the 
     financial status or personal circumstances of eligible 
     applicants as it relates to the special circumstances or 
     unusual circumstances based on which the applicant is 
     requesting an adjustment.
       ``(4) Special rule.--In making adjustments under paragraph 
     (1), a financial aid administrator may offer a dependent 
     student financial assistance under a Federal Direct 
     Unsubsidized Stafford Loan without requiring the parents of 
     such student to provide their parent information on the Free 
     Application for Federal Student Aid if the student does not 
     qualify for, or does not choose to use, the unusual 
     circumstance option described in section 480(d)(9), and the 
     financial aid administrator determines that the parents of 
     such student ended financial support of such student or 
     refuse to file such form.
       ``(5) Public disclosure.--Each institution of higher 
     education shall make publicly available information that 
     students applying for aid under this title have the 
     opportunity to pursue adjustments under this section.
       ``(b) Adjustments for Students With Special 
     Circumstances.--
       ``(1) Special circumstances for adjustments related to pell 
     grants.--Special circumstances for adjustments to calculate a 
     Federal Pell Grant award--
       ``(A) shall be conditions that differentiate an individual 
     student from a group of students rather than conditions that 
     exist across a group of students; and
       ``(B) may include--
       ``(i) recent unemployment of a family member or student;
       ``(ii) a student or family member who is a dislocated 
     worker (as defined in section 3 of the Workforce Innovation 
     and Opportunity Act);
       ``(iii) a change in housing status that results in an 
     individual being a homeless youth;
       ``(iv) an unusual amount of claimed losses against income 
     on the Federal tax return that substantially lower adjusted 
     gross income, such as business, investment, or real estate 
     losses;
       ``(v) receipt of foreign income of permanent residents or 
     United States citizens exempt from Federal taxation, or the 
     foreign income for which a permanent resident or citizen 
     received a foreign tax credit;
       ``(vi) in the case of an applicant who does not qualify for 
     the exemption from asset reporting under section 479, assets 
     as defined in section 480(f); or
       ``(vii) other changes or adjustments in the income, assets, 
     or size of a family, or a student's dependency status.
       ``(2) Special circumstances for adjustments related to cost 
     of attendance and student aid index.--Special circumstances 
     for adjustments to the cost of attendance or the values of 
     the data used to calculate the student aid index--
       ``(A) shall be conditions that differentiate an individual 
     student from a group of students rather than conditions that 
     exist across a group of students, except as provided in 
     sections 479B and 479C; and
       ``(B) may include--
       ``(i) tuition expenses at an elementary school or secondary 
     school;
       ``(ii) medical, dental, or nursing home expenses not 
     covered by insurance;
       ``(iii) child care or dependent care costs not covered by 
     the dependent care cost allowance calculated in accordance 
     with section 472;
       ``(iv) recent unemployment of a family member or student;

[[Page H7842]]

       ``(v) a student or family member who is a dislocated worker 
     (as defined in section 3 of the Workforce Innovation and 
     Opportunity Act);
       ``(vi) the existence of additional family members enrolled 
     in a degree, certificate, or other program leading to a 
     recognized educational credential at an institution with a 
     program participation agreement under section 487;
       ``(vii) a change in housing status that results in an 
     individual being a homeless youth;
       ``(viii) a condition of severe disability of the student, 
     or in the case of a dependent student, the dependent 
     student's parent or guardian, or in the case of an 
     independent student, the independent student's dependent or 
     spouse;
       ``(ix) unusual amount of claimed losses against income on 
     the Federal tax return that substantially lower adjusted 
     gross income, such as business, investment, or real estate 
     losses; or
       ``(x) other changes or adjustments in the income, assets, 
     or size of a family, or a student's dependency status.
       ``(c) Unusual Circumstances Adjustments.--
       ``(1) In general.--Unusual circumstances for adjustments to 
     the dependency status of an applicant shall be--
       ``(A) conditions that differentiate an individual student 
     from a group of students; and
       ``(B) based on unusual circumstances, pursuant to section 
     480(d)(9).
       ``(2) Provisional independent students.--
       ``(A) Requirements for the secretary.--The Secretary 
     shall--
       ``(i) enable each student who, based on an unusual 
     circumstance described in section 480(d)(9), may qualify for 
     an adjustment under subsection (a)(1)(B) that will result in 
     a determination of independence under this section or section 
     479D to complete the Free Application for Federal Student Aid 
     as an independent student for the purpose of a provisional 
     determination of the student's Federal financial aid award, 
     with the final determination of the award subject to the 
     documentation requirements of subsection (a)(3);
       ``(ii) upon completion of the Free Application for Federal 
     Student Aid provide an estimate of the student's Federal Pell 
     Grant award, and other information as specified in section 
     483(a)(3)(A), based on the assumption that the student is 
     determined to be an independent student; and
       ``(iii) specify, on the Free Application for Federal 
     Student Aid, the consequences under section 490(a) of 
     knowingly and willfully completing the Free Application for 
     Federal Student Aid as an independent student under clause 
     (i) without meeting the unusual circumstances to qualify for 
     such a determination.
       ``(B) Requirements for financial aid administrators.--With 
     respect to a student accepted for admission who completes the 
     Free Application for Federal Student Aid as an independent 
     student under subparagraph (A), a financial aid administrator 
     shall--
       ``(i) notify the student of the institutional process, 
     requirements, and timeline for an adjustment under this 
     section and section 480(d)(9) that will result in a review of 
     the student's request for an adjustment and a determination 
     of the student's dependency status under such sections within 
     a reasonable time after the student completes the Free 
     Application for Federal Student Aid;
       ``(ii) provide the student a final determination of the 
     student's dependency status and Federal financial aid award 
     as soon as practicable after all requested documentation is 
     provided;
       ``(iii) retain all documents related to the adjustment 
     under this section and section 480(d)(9), including 
     documented interviews, for at least the duration of the 
     student's enrollment, and shall abide by all other record 
     keeping requirements of this Act; and
       ``(iv) presume that any student who has obtained an 
     adjustment under this section and section 480(d)(9) and a 
     final determination of independence for any preceding award 
     year at an institution of higher education to be independent 
     for each subsequent award year at the same institution 
     unless--

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

       ``(C) Eligibility.--If a student pursues provisional 
     independent student status and is not determined to be an 
     independent student by a financial aid administrator, such 
     student shall only be eligible for a Federal Direct 
     Unsubsidized Stafford Loan for that award year unless such 
     student subsequently completes the Free Application for 
     Federal Student Aid as a dependent student.
       ``(d) Adjustments to Assets or Income Taken Into Account.--
     A financial aid administrator shall be considered to be 
     making a necessary adjustment in accordance with this section 
     if--
       ``(1) the administrator makes adjustments excluding from 
     family income or assets any proceeds or losses from a sale of 
     farm or business assets of a family if such sale results from 
     a voluntary or involuntary foreclosure, forfeiture, or 
     bankruptcy or a voluntary or involuntary liquidation; or
       ``(2) the administrator makes adjustments for a condition 
     of disability of a student, or in the case of a dependent 
     student, the dependent student's parent or guardian, or in 
     the case of an independent student, the independent student's 
     dependent or spouse, so as to take into consideration the 
     additional costs incurred as a result of such disability.
       ``(e) Refusal or Adjustment of Loan Certifications.--On a 
     case-by-case basis, an eligible institution may refuse to use 
     the authority provided under this section, certify a 
     statement that permits a student to receive a loan under part 
     D, certify a loan amount, or make a loan that is less than 
     the student's determination of need (as determined under this 
     part), if the reason for the action is documented and 
     provided in writing to the student. No eligible institution 
     shall discriminate against any borrower or applicant in 
     obtaining a loan on the basis of race, ethnicity, national 
     origin, religion, sex, marital status, age, or disability 
     status.
       ``(f) Special Rule Regarding Professional Judgment During a 
     Disaster, Emergency, or Economic Downturn.--
       ``(1) In general.--For the purposes of making a 
     professional judgment under this section, financial aid 
     administrators may, during a qualifying emergency--
       ``(A) determine that the income earned from work for an 
     applicant is zero, if the applicant can provide paper or 
     electronic documentation of receipt of unemployment benefits 
     or confirmation that an application for unemployment benefits 
     was submitted; and
       ``(B) make additional appropriate adjustments to the income 
     earned from work for a student, parent, or spouse, as 
     applicable, based on the totality of the family's situation, 
     including consideration of unemployment benefits.
       ``(2) Documentation.--For the purposes of documenting 
     unemployment under paragraph (1), documentation shall be 
     accepted if such documentation is submitted not more than 90 
     days from the date on which such documentation was issued, 
     except if a financial aid administrator knows that the 
     student, parent, or spouse, as applicable, has already 
     obtained other employment.
       ``(3) Program reviews.--The Secretary shall make 
     adjustments to the model used to select institutions of 
     higher education participating under this title for program 
     reviews in order to account for any rise in the use of 
     professional judgment under this section during the award 
     years applicable to the qualifying emergency, as determined 
     by the Secretary.
       ``(4) Qualifying emergency.--In this subsection, the term 
     `qualifying emergency' means--
       ``(A) an event for which the President declared a major 
     disaster or an emergency under section 401 or 501, 
     respectively, of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170 and 5191);
       ``(B) a national emergency related to the coronavirus 
     declared by the President under section 201 of the National 
     Emergencies Act (50 U.S.C. 1601 et seq.); or
       ``(C) a period of recession or economic downturn as 
     determined by the Secretary, in consultation with the 
     Secretary of Labor.''.
       (j) Disregard of Student Aid in Other Programs.--Section 
     479B of the Higher Education Act of 1965 (20 U.S.C. 1087uu) 
     is amended to read as follows:

     ``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.

       ``Notwithstanding any other provision of law, student 
     financial assistance received under this title, Bureau of 
     Indian Education student assistance programs, and employment 
     and training programs under section 134 of the Workforce 
     Innovation and Opportunity Act (29 U.S.C. 3174 et. seq.) 
     shall not be taken into account in determining the need or 
     eligibility of any person for benefits or assistance, or the 
     amount of such benefits or assistance, under any Federal, 
     State, or local program financed in whole or in part with 
     Federal funds.''.
       (k) Native American Students.--Section 479C of the Higher 
     Education Act of 1965 (20 U.S.C. 1087uu-1) is amended to read 
     as follows:

     ``SEC. 479C. NATIVE AMERICAN STUDENTS.

       ``(a) In General.--In determining the student aid index for 
     Native American students, computations performed pursuant to 
     this part shall exclude--
       ``(1) any income and assets of $2,000 or less per 
     individual payment received by the student (and spouse) and 
     student's parents under Public Law 98-64 (25 U.S.C. 117a et 
     seq.; 97 Stat. 365) (commonly known as the `Per Capita Act') 
     or the Indian Tribal Judgment Funds Use or Distribution Act 
     (25 U.S.C. 1401 et seq.); and
       ``(2) any income received by the student (and spouse) and 
     student's parents under the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1601 et seq.) or the Maine Indian Claims 
     Settlement Act of 1980 (25 U.S.C. 1721 et seq.).
       ``(b) Guidance.--The Secretary shall develop guidance, in 
     consultation with Tribal Colleges and Universities (as 
     defined in section 316) and the State higher education agency 
     in Alaska and Maine, to implement the determination under 
     subsection (a) without adding additional questions to the 
     FAFSA, including through the use of the authority under 
     section 479A.''.
       (l) Special Rules for Independent Students.--Part F of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 
     1087kk et seq.) is further amended--
       (1) by inserting after section 479C the following:

     ``SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS.

       ``(a) Determination Process for Unaccompanied Homeless 
     Youth.--In making a determination of independence under 
     section 480(d)(8), a financial aid administrator shall comply 
     with the following:
       ``(1) Consider documentation of the student's circumstance 
     to be adequate in the absence of documented conflicting 
     information, if such documentation is provided through a 
     documented phone call, written statement, or verifiable 
     electronic data match by--
       ``(A) a local educational agency homeless liaison, 
     designated pursuant to section 722(g)(1)(J)(ii) of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11432(g)(1)(J)(ii)) or a designee of the liaison;
       ``(B) the director of an emergency or transitional shelter, 
     street outreach program, homeless youth drop-in center, or 
     other program serving individuals who are experiencing 
     homelessness, or a designee of the director;

[[Page H7843]]

       ``(C) the director of a project supported by a Federal TRIO 
     program or a Gaining Early Awareness and Readiness for 
     Undergraduate program grant under chapter 1 or 2 of subpart 2 
     of part A, or a designee of the director; or
       ``(D) a financial aid administrator at another institution 
     who documented the student's circumstance in a prior award 
     year.
       ``(2) If a student is unable to provide documentation from 
     any individual described in paragraph (1), make a case-by-
     case determination, which shall be--
       ``(A) based on a written statement from, or a documented 
     interview with, the student that confirms that the student is 
     an unaccompanied homeless youth, or unaccompanied, at risk of 
     homelessness, and self-supporting; and
       ``(B) made without regard to the reasons that the student 
     is an unaccompanied homeless youth, or unaccompanied, at risk 
     of homelessness, and self-supporting.
       ``(3) Consider a determination made under this subsection 
     as distinct from a determination of independence under 
     section 480(d)(9).
       ``(b) Documentation Process for Foster Care Youth.--If an 
     institution requires that a student provide documentation 
     that the student was in foster care when the student was age 
     13 or older, a financial aid administrator shall consider any 
     of the following as adequate documentation, in the absence of 
     documented conflicting information:
       ``(1) Submission of a court order or official State 
     documentation that the student received Federal or State 
     support in foster care.
       ``(2) A documented phone call, written statement, or 
     verifiable electronic data match, which confirms the student 
     was in foster care at an applicable age, from--
       ``(A) a State, county, or tribal agency administering a 
     program under part B or E of title IV of the Social Security 
     Act (42 U.S.C. 621 et seq. and 670 et seq.);
       ``(B) a State Medicaid agency; or
       ``(C) a public or private foster care placing agency or 
     foster care facility or placement.
       ``(3) A documented phone call or a written statement from 
     an attorney, a guardian ad litem, or a Court Appointed 
     Special Advocate that confirms that the student was in foster 
     care at an applicable age and documents the person's 
     relationship to the student.
       ``(4) Verification of the student's eligibility for an 
     education and training voucher under the John H. Chafee 
     Foster Care Program under section 477 of the Social Security 
     Act (42 U.S.C. 677).
       ``(5) A documented phone call or written statement from a 
     financial aid administrator who documented the student's 
     circumstance in a prior award year.
       ``(c) Timing.--A determination of independence under 
     paragraph (2), (8), or (9) of section 480(d) for a student--
       ``(1) shall be made as quickly as practicable;
       ``(2) may be made as early as the year before the award 
     year for which the student initially submits an application; 
     and
       ``(3) shall be made not later than 60 days after the date 
     of the student's enrollment during the award year for which 
     the student initially submits an application.
       ``(d) Use of Earlier Determinations.--
       ``(1) Earlier determination by the institution.--Any 
     student who is determined to be independent under paragraph 
     (2), (8), or (9) of section 480(d) for a preceding award year 
     at an institution shall be presumed to be independent for 
     each subsequent award year at the same institution unless--
       ``(A) the student informs the institution that 
     circumstances have changed; or
       ``(B) the institution has specific conflicting information 
     about the student's independence and has informed the student 
     of this information.
       ``(2) Earlier determination by another institution.--A 
     financial aid administrator may make a determination of 
     independence pursuant to section 479A(c), based upon a 
     documented determination of independence that was previously 
     made by another financial aid administrator under such 
     paragraph in the same award year.
       ``(e) Retention of Documents.--A financial aid 
     administrator shall retain all documents related to any 
     determination of independence, including documented 
     interviews, for at least the duration of the student's 
     enrollment and an additional period prescribed by the 
     Secretary to enable a student to utilize the documents for 
     the purposes of subsection (a)(1)(D), (b)(5), or (d) of this 
     section.''; and
       (2) by amending section 480 to read as follows:

     ``SEC. 480. DEFINITIONS.

       ``In this part:
       ``(a) Total Income.--The term `total income' means the 
     amount equal to adjusted gross income for the second 
     preceding tax year plus untaxed income and benefits for the 
     second preceding tax year minus excludable income for the 
     second preceding tax year. The factors used to determine 
     total income shall be derived from the Federal income tax 
     return, if available, except for the applicant's ability to 
     indicate a qualified rollover in the second preceding tax 
     year as outlined in section 483 or foreign income described 
     in subsection (b)(5).
       ``(b) Untaxed Income and Benefits.--The term `untaxed 
     income and benefits' means--
       ``(1) deductions and payments to self-employed SEP, SIMPLE, 
     Keogh, and other qualified individual retirement accounts 
     excluded from income for Federal tax purposes, except such 
     term shall not include payments made to tax-deferred pension 
     and retirement plans, paid directly or withheld from 
     earnings, that are not delineated on the Federal tax return;
       ``(2) tax-exempt interest income;
       ``(3) untaxed portion of individual retirement account 
     distributions;
       ``(4) untaxed portion of pensions; and
       ``(5) foreign income of permanent residents of the United 
     States or United States citizens exempt from Federal 
     taxation, or the foreign income for which such a permanent 
     resident or citizen receives a foreign tax credit.
       ``(c) Veterans and Veterans' Education Benefits.--(1) The 
     term `veteran' has the meaning given the term in section 
     101(2) of title 38, United States Code, and includes 
     individuals who served in the United States Armed Forces as 
     described in sections 101(21), 101(22), and 101(23) of title 
     38, United States Code.
       ``(2) The term `veterans' education benefits' means 
     veterans' benefits under the following provisions of law:
       ``(A) Chapter 103 of title 10, United States Code (Senior 
     Reserve Officers' Training Corps).
       ``(B) Chapter 106A of title 10, United States Code 
     (Educational Assistance for Persons Enlisting for Active 
     Duty).
       ``(C) Chapter 1606 of title 10, United States Code 
     (Selected Reserve Educational Assistance Program).
       ``(D) Chapter 1607 of title 10, United States Code 
     (Educational Assistance Program for Reserve Component Members 
     Supporting Contingency Operations and Certain Other 
     Operations).
       ``(E) Chapter 30 of title 38, United States Code (All-
     Volunteer Force Educational Assistance Program, also known as 
     the `Montgomery GI Bill--active duty').
       ``(F) Chapter 31 of title 38, United States Code (Training 
     and Rehabilitation for Veterans with Service-Connected 
     Disabilities).
       ``(G) Chapter 32 of title 38, United States Code (Post-
     Vietnam Era Veterans' Educational Assistance Program).
       ``(H) Chapter 33 of title 38, United States Code (Post-9/11 
     Educational Assistance).
       ``(I) Chapter 35 of title 38, United States Code 
     (Survivors' and Dependents' Educational Assistance Program).
       ``(J) Section 903 of the Department of Defense 
     Authorization Act, 1981 (10 U.S.C. 2141 note) (Educational 
     Assistance Pilot Program).
       ``(K) Section 156(b) of the `Joint Resolution making 
     further continuing appropriations and providing for 
     productive employment for the fiscal year 1983, and for other 
     purposes' (42 U.S.C. 402 note) (Restored Entitlement Program 
     for Survivors, also known as `Quayle benefits').
       ``(L) The provisions of chapter 3 of title 37, United 
     States Code, related to subsistence allowances for members of 
     the Reserve Officers Training Corps.
       ``(d) Independent Students and Determinations.--The term 
     `independent', when used with respect to a student, means any 
     individual who--
       ``(1) is 24 years of age or older by December 31 of the 
     award year;
       ``(2) is, or was at any time when the individual was 13 
     years of age or older--
       ``(A) an orphan;
       ``(B) a ward of the court; or
       ``(C) in foster care;
       ``(3) is, or was immediately prior to attaining the age of 
     majority, an emancipated minor or in legal guardianship as 
     determined by a court of competent jurisdiction in the 
     individual's State of legal residence;
       ``(4) is a veteran of the Armed Forces of the United States 
     (as defined in subsection (c)) or is currently serving on 
     active duty in the Armed Forces for other than training 
     purposes;
       ``(5) is a graduate or professional student;
       ``(6) is married and not separated;
       ``(7) has legal dependents other than a spouse;
       ``(8) is an unaccompanied homeless youth or is 
     unaccompanied, at risk of homelessness, and self-supporting, 
     without regard to such individual's age; and
       ``(9) is a student for whom a financial aid administrator 
     makes a documented determination of independence by reason of 
     other unusual circumstances pursuant to section 479A(c) in 
     which the student is unable to contact a parent or where 
     contact with parents poses a risk to such student, which 
     includes circumstances of--
       ``(A) human trafficking, as described in the Trafficking 
     Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
       ``(B) legally granted refugee or asylum status;
       ``(C) parental abandonment or estrangement; or
       ``(D) student or parental incarceration.
       ``(e) Excludable Income.--The term `excludable income' 
     means--
       ``(1) an amount equal to the education credits described in 
     paragraphs (1) and (2) of section 25A(a) of the Internal 
     Revenue Code of 1986;
       ``(2) if an applicant elects to report it, college grant 
     and scholarship aid included in gross income on a Federal tax 
     return, including amounts attributable to grant and 
     scholarship portions of fellowships and assistantships and 
     any national service educational award or post-service 
     benefit received by an individual under title I of the 
     National and Community Service Act of 1990 (42 U.S.C. 12511 
     et seq.), including awards, living allowances, and interest 
     accrual payments; and
       ``(3) income earned from work under part C of this title.
       ``(f) Assets.--
       ``(1) In general.--The term `assets' means the amount in 
     checking and savings accounts, time deposits, money market 
     funds, investments, trusts, stocks, bonds, derivatives, 
     securities, mutual funds, tax shelters, qualified education 
     benefits (except as provided in paragraph (3)), the annual 
     amount of child support received and the net value of real 
     estate, vacation homes, income producing property, and 
     business and farm assets, determined in accordance with 
     section 478(c).
       ``(2) Exclusions.--With respect to determinations of need 
     under this title, the term `assets' shall not include the net 
     value of the family's principal place of residence.
       ``(3) Consideration of qualified education benefit.--A 
     qualified education benefit shall be considered an asset of--

[[Page H7844]]

       ``(A) the student if the student is an independent student; 
     or
       ``(B) the parent if the student is a dependent student and 
     the account is designated for the student, regardless of 
     whether the owner of the account is the student or the 
     parent.
       ``(4) Definition of qualified education benefit.--In this 
     subsection, the term `qualified education benefit' means--
       ``(A) a qualified tuition program (as defined in section 
     529(b)(1)(A) of the Internal Revenue Code of 1986) or other 
     prepaid tuition plan offered by a State; and
       ``(B) a Coverdell education savings account (as defined in 
     section 530(b)(1) of the Internal Revenue Code of 1986).
       ``(g) Net Value.--The term `net value' means the market 
     value at the time of application of the assets (as defined in 
     subsection (f)), minus the outstanding liabilities or 
     indebtedness against the assets.
       ``(h) Treatment of Income Taxes Paid to Other 
     Jurisdictions.--
       ``(1) The tax on income paid to the Governments of the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
     Islands, or the Commonwealth of the Northern Mariana Islands, 
     the Republic of the Marshall Islands, the Federated States of 
     Micronesia, or Palau under the laws applicable to those 
     jurisdictions, or the comparable tax paid to the central 
     government of a foreign country, shall be treated as Federal 
     income taxes.
       ``(2) References in this part to the Internal Revenue Code 
     of 1986, Federal income tax forms, and the Internal Revenue 
     Service shall, for purposes of the tax described in paragraph 
     (1), be treated as references to the corresponding laws, tax 
     forms, and tax collection agencies of those jurisdictions, 
     respectively, subject to such adjustments as the Secretary 
     may provide by regulation.
       ``(i) Other Financial Assistance.--
       ``(1) For purposes of determining a student's eligibility 
     for funds under this title, other financial assistance not 
     received under this title shall include all scholarships, 
     grants, loans, or other assistance known to the institution 
     at the time the determination of the student's need is made, 
     including national service educational awards or post-service 
     benefits under title I of the National and Community Service 
     Act of 1990 (42 U.S.C. 12511 et seq.), but excluding 
     veterans' education benefits.
       ``(2) Notwithstanding paragraph (1), a tax credit taken 
     under section 25A of the Internal Revenue Code of 1986, or a 
     distribution that is not includable in gross income under 
     section 529 of such Code, under another prepaid tuition plan 
     offered by a State, or under a Coverdell education savings 
     account under section 530 of such Code, shall not be treated 
     as other financial assistance for purposes of section 
     471(a)(3).
       ``(3) Notwithstanding paragraph (1) and section 472, 
     assistance not received under this title may be excluded from 
     both other financial assistance and cost of attendance, if 
     that assistance is provided by a State and is designated by 
     such State to offset a specific component of the cost of 
     attendance. If that assistance is excluded from either other 
     financial assistance or cost of attendance, it shall be 
     excluded from both.
       ``(4) Notwithstanding paragraph (1), payments made and 
     services provided under part E of title IV of the Social 
     Security Act to or on behalf of any child or youth over whom 
     the State agency has responsibility for placement, care, or 
     supervision, including the value of vouchers for education 
     and training and amounts expended for room and board for 
     youth who are not in foster care but are receiving services 
     under section 477 of such Act, shall not be treated as other 
     financial assistance for purposes of section 471(a)(3).
       ``(5) Notwithstanding paragraph (1), emergency financial 
     assistance provided to the student for unexpected expenses 
     that are a component of the student's cost of attendance, and 
     not otherwise considered when the determination of the 
     student's need is made, shall not be treated as other 
     financial assistance for purposes of section 471(a)(3).
       ``(j) Dependents.--
       ``(1) Except as otherwise provided, the term `dependent of 
     the parent' means the student who is deemed to be a dependent 
     student when applying for aid under this title, and any other 
     person who lives with and receives more than one-half of 
     their support from the parent (or parents) and will continue 
     to receive more than half of their support from the parent 
     (or parents) during the award year.
       ``(2) Except as otherwise provided, the term `dependent of 
     the student' means the student's dependent children and other 
     persons (except the student's spouse) who live with and 
     receive more than one-half of their support from the student 
     and will continue to receive more than half of their support 
     from the student during the award year.
       ``(k) Family Size.--
       ``(1) Dependent student.--Except as provided in paragraph 
     (3), in determining family size in the case of a dependent 
     student--
       ``(A) if the parents are not divorced or separated, family 
     members include the student's parents, and any dependent 
     (within the meaning of section 152 of the Internal Revenue 
     Code of 1986 or an eligible individual for purposes of the 
     credit under section 24 of the Internal Revenue Code of 1986) 
     of the student's parents for the taxable year used in 
     determining the amount of need of the student for financial 
     assistance under this title;
       ``(B) if the parents are divorced or separated, family 
     members include the parent whose income is included in 
     computing available income and any dependent (within the 
     meaning of section 152 of the Internal Revenue Code of 1986 
     or an eligible individual for purposes of the credit under 
     section 24 of the Internal Revenue Code of 1986) of that 
     parent for the taxable year used in determining the amount of 
     need of the student for financial assistance under this 
     title;
       ``(C) if the parents are divorced and the parents whose 
     income is so included are remarried, or if the parent was a 
     widow or widower who has remarried, family members also 
     include, in addition to those individuals referred to in 
     subparagraph (B), the new spouse and any dependent (within 
     the meaning of section 152 of the Internal Revenue Code of 
     1986 or an eligible individual for purposes of the credit 
     under section 24 of the Internal Revenue Code of 1986) of the 
     new spouse for the taxable year used in determining the 
     amount of need of the student for financial assistance under 
     this title, if that spouse's income is included in 
     determining the parent's adjusted available income; and
       ``(D) if the student is not considered as a dependent 
     (within the meaning of section 152 of the Internal Revenue 
     Code of 1986 or an eligible individual for purposes of the 
     credit under section 24 of the Internal Revenue Code of 1986) 
     of any parent, the parents' family size shall include the 
     student and the family members applicable to the parents' 
     situation under subparagraph (A), (B), or (C).
       ``(2) Independent student.--Except as provided in paragraph 
     (3), in determining family size in the case of an independent 
     student--
       ``(A) family members include the student, the student's 
     spouse, and any dependent (within the meaning of section 152 
     of the Internal Revenue Code of 1986 or an eligible 
     individual for purposes of the credit under section 24 of the 
     Internal Revenue Code of 1986) of that student for the 
     taxable year used in determining the amount of need of the 
     student for financial assistance under this title; and
       ``(B) if the student is divorced or separated, family 
     members do not include the spouse (or ex-spouse), but do 
     include the student and any dependent (within the meaning of 
     section 152 of the Internal Revenue Code of 1986 or an 
     eligible individual for purposes of the credit under section 
     24 of the Internal Revenue Code of 1986) of that student for 
     the taxable year used in determining the amount of need of 
     the student for financial assistance under this title.
       ``(3) Procedures and modification.--The Secretary shall 
     provide procedures for determining family size in cases in 
     which information for the taxable year used in determining 
     the amount of need of the student for financial assistance 
     under this title has changed or does not accurately reflect 
     the applicant's current household size, including when a 
     divorce settlement only allows a parent to file for the 
     Earned Income Tax Credit available under section 32 of the 
     Internal Revenue Code of 1986.
       ``(l) Business Assets.--The term `business assets' means 
     property that is used in the operation of a trade or 
     business, including real estate, inventories, buildings, 
     machinery, and other equipment, patents, franchise rights, 
     and copyrights.
       ``(m) Homeless Youth.--The term `homeless youth' has the 
     meaning given the term `homeless children and youths' in 
     section 725 of the McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11434a).
       ``(n) Unaccompanied.--The terms `unaccompanied', 
     `unaccompanied youth', or `unaccompanied homeless youth' have 
     the meaning given the term `unaccompanied youth' in section 
     725 of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
     11434a).''.
       (m) FAFSA.--
       (1) In general.--Section 483 of the Higher Education Act of 
     1965 (20 U.S.C. 1090) is amended to read as follows:

     ``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.

       ``(a) Simplified Application for Federal Student Financial 
     Aid.--
       ``(1) In general.--Each individual seeking to apply for 
     Federal financial aid under this title for award year 2023-
     2024 and any subsequent award year shall file a free 
     application with the Secretary, known as the `Free 
     Application for Federal Student Aid', to determine 
     eligibility for such aid, as described in paragraph (2), and 
     in accordance with section 479.
       ``(2) Free application.--
       ``(A) In general.--The Secretary shall make available, for 
     the purposes of paragraph (1), a free application to 
     determine the eligibility of a student for Federal financial 
     aid under this title.
       ``(B) Information required by the applicant.--
       ``(i) In general.--The applicant, and, if necessary, the 
     parents or spouse of the applicant, shall provide the 
     Secretary with the applicable information described in clause 
     (ii) in order to be eligible for Federal financial aid under 
     this title.
       ``(ii) Information to be provided.--The information 
     described in this clause is the following:

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

       ``(aa) Name and location of the high school from which the 
     applicant received, or will receive prior to the period of 
     enrollment for which aid is sought, a regular high school 
     diploma;

[[Page H7845]]

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

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

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

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

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

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

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

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

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

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

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

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

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

[[Page H7846]]

       ``(ii) Information on other types of Federal financial aid 
     for which the applicant may be eligible (including situations 
     in which the applicant could qualify for 150 percent of a 
     scheduled Federal Pell Grant award and loans made under this 
     title) and how the applicant can find additional information 
     regarding such aid.
       ``(iii) Consumer-tested information regarding each 
     institution selected by the applicant in accordance with 
     paragraph (2)(B)(ii)(XI), which may include the following:

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

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

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

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

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

       ``(iii) Limitation on consent process.--A State may provide 
     a consent process whereby an applicant may elect to share the 
     information described in clause (i), except for the 
     information described in section 6103(l)(13) of the Internal 
     Revenue Code of 1986, through explicit written consent to 
     Federal, State, or local government agencies or tribal 
     organizations to assist such applicant in applying for and 
     receiving Federal, State, or local government assistance, or 
     tribal assistance for any component of the applicant's cost 
     of attendance that may include financial assistance or non-
     monetary assistance.
       ``(iv) Prohibition.--Any entity that receives applicant 
     information under clause (iii) shall not sell, share, or 
     otherwise use applicant information other than for the 
     purposes outlined in clause (iii).
       ``(C) Use of information provided to the institution.--An 
     institution--
       ``(i) shall use the information provided to it solely for 
     the application, award, and administration of financial aid 
     to the applicant;
       ``(ii) may use the information provided, excluding the 
     information described under section 6013(l)(13) of the 
     Internal Revenue Code of 1986, for research that does not 
     release any individually identifiable information on any 
     applicant, to promote college attendance, persistence, and 
     completion; and
       ``(iii) shall not share such educational record information 
     with any other entity without the explicit written consent of 
     the applicant.
       ``(D) Prohibition.--Any entity that receives applicant 
     information under subparagraph (C)(iii) shall not sell, 
     share, or otherwise use applicant information other than for 
     the purposes outlined in subparagraph (C).
       ``(E) Fafsa information that includes tax return 
     information.--An applicant's FAFSA information that includes 
     return or return information as described in section 
     6103(l)(13) of the Internal Revenue Code of 1986 may be 
     disclosed or redisclosed (which shall include obtaining, 
     sharing, or discussing such information) only in accordance 
     with the procedures described in section 494.
       ``(4) Development of form and information exchange.--Prior 
     to the design of the free application under this subsection, 
     the Secretary shall, to the maximum extent practicable, on an 
     annual basis--
       ``(A) consult with stakeholders to gather information about 
     innovations and technology available to--
       ``(i) ensure an efficient and effective process;
       ``(ii) mitigate unintended consequences; and
       ``(iii) determine the best practices for outreach to 
     students and families during the transition to the 
     streamlined process for the determination of Federal 
     financial aid and Federal Pell Grant eligibility while 
     reducing the data burden on applicants and families; and
       ``(B) solicit public comments for the format of the free 
     application that provides for adequate time to incorporate 
     feedback prior to development of the application for the 
     succeeding award year.
       ``(5) No additional information requests permitted.--In 
     carrying out this subsection, the Secretary may not require 
     additional information to be submitted by an applicant (or 
     the parents or spouse of an applicant) for Federal financial 
     aid through other requirements or reporting, except as 
     required under a process or procedure exercised in accordance 
     with the authority under section 479A.
       ``(6) State-run programs.--
       ``(A) In general.--The Secretary shall conduct outreach to 
     States in order to research the benefits to students of 
     States relying solely on the student aid index, scheduled 
     Pell Grant Award, or the financial data made available, upon 
     authorization by the applicant, as a result of an application 
     for aid under this subsection for determining the eligibility 
     of the applicant for State provided financial aid.
       ``(B) Secretarial review.--If a State determines that there 
     is a need for additional data elements beyond those provided 
     pursuant to this subsection for determining the eligibility 
     of an applicant for State provided financial aid, the State 
     shall forward a list of those additional data elements 
     determined necessary, but not provided by virtue of the 
     application under this subsection, to the Secretary. The 
     Secretary shall make readily available to the public through 
     the Department's websites and other means--
       ``(i) a list of States that do not require additional 
     financial information separate from the Free Application for 
     Federal Student Aid and do not require asset information from 
     students who qualify for the exemption from asset reporting 
     under section 479 for the purposes of awarding State 
     scholarships and grant aid;
       ``(ii) a list of States that require asset information from 
     students who qualify for the exemption from asset reporting 
     under section 479 for the purposes of awarding State 
     scholarships and grant aid;
       ``(iii) a list of States that have indicated that they 
     require additional financial information separate from the 
     Free Application for Federal Student Aid for purposes of 
     awarding State scholarships and grant aid; and
       ``(iv) with the publication of the lists under this 
     subparagraph, information about additional resources 
     available to applicants, including links to such State 
     websites.
       ``(7) Institution-run financial aid.--
       ``(A) In general.--The Secretary shall conduct outreach to 
     institutions of higher education to describe the benefits to 
     students of relying solely on the student aid index, 
     scheduled Pell Grant Award, or the financial data made 
     available, upon authorization for release by the applicant, 
     as a result of an application for aid under this subsection 
     for determining the eligibility of the applicant for 
     institutional financial aid. The Secretary shall make readily 
     available to the public through its websites and other 
     means--
       ``(i) a list of institutions that do not require additional 
     financial information separate from the Free Application for 
     Federal Student Aid and do not require asset information from 
     students who qualify for the exemption from asset reporting 
     under section 479 for the purpose of awarding institution-run 
     financial aid;
       ``(ii) a list of institutions that require asset 
     information from students who qualify for the exemption from 
     asset reporting under section 479 for the purpose of awarding 
     institution-run financial aid;
       ``(iii) a list of institutions that require additional 
     financial information separate from the Free Application for 
     Federal Student Aid for the purpose of awarding institution-
     run financial aid; and
       ``(iv) with the publication of the list in clause (iii), 
     information about additional resources available to 
     applicants.
       ``(8) Security of data.--The Secretary shall, in 
     consultation with the Secretary of the Treasury--
       ``(A) take all necessary steps to safeguard the data 
     required to be transmitted for the purpose of this section 
     between Federal agencies and to States and institutions of 
     higher education and secure the transmittal of such data;
       ``(B) provide guidance to States and institutions of higher 
     education regarding their obligation to ensure the security 
     of the data provided under this section and section 6103 of 
     the Internal Revenue Code of 1986; and
       ``(C) provide guidance on the implementation of section 
     6103 of the Internal Revenue Code of 1986, including how it 
     intersects with the provisions of section 444 of the General 
     Education Provisions Act (commonly known as the `Family 
     Educational Rights and Privacy Act of 1974'), and any 
     additional consent processes that may be available to 
     applicants in accordance with the Internal Revenue Code of 
     1986 regarding sharing of Federal tax information.
       ``(9) Report to congress.--

[[Page H7847]]

       ``(A) In general.--Not later than 1 year after the date of 
     enactment of the FAFSA Simplification Act, the Secretary 
     shall report to the authorizing committees on the progress of 
     the Secretary in carrying out this subsection, including 
     planning and stakeholder consultation. Such report shall 
     include--
       ``(i) benchmarks for implementation;
       ``(ii) entities and organizations that the Secretary 
     consulted;
       ``(iii) system requirements for such implementation and how 
     they will be addressed;
       ``(iv) any areas of concern and potential problem issues 
     uncovered that may hamper such implementation; and
       ``(v) solutions determined to address such issues.
       ``(B) Updates.--The Secretary shall provide updates to the 
     authorizing committees--
       ``(i) as to the progress and planning described in 
     subparagraph (A) prior to implementation of the revisions to 
     the Free Application for Federal Student Aid under this 
     subsection not less often than quarterly; and
       ``(ii) at least 6 months and 1 year after implementation of 
     the revisions to the Free Application for Federal Student 
     Aid.
       ``(b) Adjustments and Improvements.--
       ``(1) In general.--The Secretary shall disclose in a 
     consumer-tested format, upon completion of the Free 
     Application for Federal Student Aid under this section, that 
     the student may, on a case-by-case basis, qualify for an 
     adjustment under section 479A to the cost of attendance or 
     the values of the data items required to calculate the 
     Federal Pell Grant or the need analysis for the student or 
     parent. Such disclosure shall specify--
       ``(A) examples of the special circumstances under which a 
     student or family member may qualify for such adjustment or 
     determination of independence; and
       ``(B) additional information regarding the steps a student 
     or family member may take in order to seek an adjustment 
     under section 479A.
       ``(2) Consumer testing.--
       ``(A) In general.--Not later than 9 months after the date 
     of enactment of the FAFSA Simplification Act, the Secretary 
     shall begin consumer testing the design of the Free 
     Application for Federal Student Aid under this section with 
     prospective first-generation college students, 
     representatives of students (including low-income students, 
     English learners, first-generation college students, adult 
     students, veterans, servicemembers, and prospective 
     students), students' families (including low-income families, 
     families with English learners, families with first-
     generation college students, and families with prospective 
     students), institutions of higher education, secondary school 
     and postsecondary counselors, and nonprofit consumer groups.
       ``(B) Updates.--For award year 2023-2024 and at least each 
     fourth succeeding award year thereafter, the Secretary shall 
     update the design of the Free Application for Federal Student 
     Aid based on additional consumer testing with the populations 
     described in subparagraph (A) in order to improve the 
     usability and accessibility of the application.
       ``(3) Accessibility of the fafsa.--The Secretary shall--
       ``(A) in conjunction with the Bureau of the Census, 
     determine the most common languages spoken by English learner 
     students and their parents in the United States;
       ``(B) develop and make publicly available versions of the 
     Free Application for Federal Student Aid form in not fewer 
     than 11 of the most common languages determined under 
     subparagraph (A) and make such versions available and 
     accessible to applicants in paper and electronic formats; and
       ``(C) ensure that the Free Application for Federal Student 
     Aid is available in formats accessible to individuals with 
     disabilities and compliant with the most recent Web Content 
     Accessibility Guidelines, or successor guidelines.
       ``(4) Reapplication in a succeeding academic year.--In 
     order to streamline an applicant's experience in applying for 
     financial aid, the Secretary shall allow an applicant who 
     electronically applies for financial assistance under this 
     title for an academic year subsequent to an academic year for 
     which such applicant applied for financial assistance under 
     this title to automatically electronically import all of the 
     applicant's (including parents', guardians', or spouses', as 
     applicable) identifying, demographic, and school data from 
     the previous application and to update such information to 
     reflect any circumstances that have changed.
       ``(5) Technology accessibility.--The Secretary shall make 
     the application under this section available through 
     prevalent technology. Such technology shall, at a minimum, 
     enable applicants to--
       ``(A) save data; and
       ``(B) submit the application under this title to the 
     Secretary through such technology.
       ``(6) Verification burden.--The Secretary shall--
       ``(A) to the maximum extent practicable, streamline and 
     simplify the process of verification for applicants for 
     Federal financial aid;
       ``(B) in establishing policies and procedures to verify 
     applicants' eligibility for Federal financial aid, consider--
       ``(i) the burden placed on low-income applicants;
       ``(ii) the risk to low-income applicants of failing to 
     complete the application, enroll in college, or complete a 
     postsecondary credential as a result of being selected for 
     verification;
       ``(iii) the effectiveness of the policies and procedures in 
     preventing overpayments; and
       ``(iv) the reasons for the source of any improper payments; 
     and
       ``(C) issue a public report not less often than annually 
     that includes the number and percentage of applicants subject 
     to verification, whether the applicants ultimately received 
     Federal financial aid disbursements, the extent to which the 
     student aid index changed for such applicants as a result of 
     verification, and the extent to which such applicants' 
     eligibility for Federal financial aid under this title 
     changed.
       ``(7) Studies.--The Secretary shall periodically conduct 
     studies on--
       ``(A) whether the Free Application for Federal Student Aid 
     is a barrier to college enrollment by examining--
       ``(i) the effect of States requiring additional information 
     specified in clauses (ii) and (iii) of subsection (a)(6)(B) 
     on the determination of State financial aid awards, 
     including--

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

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

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

       ``(B) the most common barriers faced by applicants in 
     completing the Free Application for Federal Student Aid; and
       ``(C) the most common reasons that students and families do 
     not fill out the Free Applications for Federal Student Aid.
       ``(c) Data and Information.--
       ``(1) In general.--The Secretary shall publish data in a 
     publicly accessible manner--
       ``(A) annually on the total number of Free Applications for 
     Federal Student Aid submitted by application cycle, 
     disaggregated by demographic characteristics, type of 
     institution or institutions of higher education to which the 
     applicant applied, the applicant's State of legal residence, 
     and high school and public school district;
       ``(B) quarterly on the total number of Free Applications 
     for Federal Student Aid submitted by application cycle, 
     disaggregated by type of institution or institutions of 
     higher education to which the applicant applied, the 
     applicant's State of legal residence, and high school and 
     public school district;
       ``(C) weekly on the total number of Free Applications for 
     Federal Student Aid submitted, disaggregated by high school 
     and public school district; and
       ``(D) annually on the number of individuals who apply for 
     federal financial aid pursuant to this section who indicated 
     that they are--
       ``(i) an unaccompanied homeless youth or unaccompanied, at 
     risk of homelessness, and self-supporting; or
       ``(ii) a foster care youth.
       ``(2) Contents.--The data described in paragraph (1)(D) 
     with respect to homeless youth shall include, at a minimum, 
     for each application cycle--
       ``(A) the total number of all applicants who were 
     determined to be individuals described in section 480(d)(8); 
     and
       ``(B) the number of applicants described in subparagraph 
     (A), disaggregated--
       ``(i) by State; and
       ``(ii) by the sources of determination as described in 
     section 479D(b).
       ``(3) Data sharing.--The Secretary may enter into data 
     sharing agreements with the appropriate Federal or State 
     agencies to conduct outreach regarding, and connect 
     applicants directly with, the means-tested Federal benefit 
     programs described in subsection (a)(2)(B)(ii)(XVII) for 
     which the applicants may be eligible.
       ``(d) Ensuring Form Usability.--
       ``(1) Signature.--Notwithstanding any other provision of 
     this title, the Secretary may permit the Free Application for 
     Federal Student Aid to be submitted without a signature, if a 
     signature is subsequently submitted by the applicant, or if 
     the applicant uses an access device provided by the 
     Secretary.
       ``(2) Free preparation authorized.--Notwithstanding any 
     other provision of this title, an applicant may use a 
     preparer for consultative or preparation services for the 
     completion of the Free Application for Federal Student Aid 
     without charging a fee to the applicant if the preparer--
       ``(A) includes, at the time the application is submitted to 
     the Department, the name, address or employer's address, 
     social security number or employer identification number, and 
     organizational affiliation of the preparer on the applicant's 
     form;
       ``(B) is subject to the same penalties as an applicant for 
     purposely giving false or misleading information in the 
     application;
       ``(C) clearly informs each individual upon initial contact, 
     that the Free Application for Federal Student Aid is a free 
     form that may be completed without professional assistance; 
     and
       ``(D) does not produce, use, or disseminate any other form 
     for the purpose of applying for Federal financial aid other 
     than the Free Application for Federal Student Aid developed 
     by the Secretary under this section.
       ``(3) Charges to students and parents for use of forms 
     prohibited.--The need for and eligibility of a student for 
     financial assistance under this title may be determined only 
     by using the Free Application for Federal Student Aid 
     developed by the Secretary under this section. Such 
     application shall be produced, distributed, and processed by 
     the Secretary, and no parent or student shall be charged a 
     fee by the Secretary, a contractor, a third-party servicer or 
     private software provider, or any other public or private 
     entity for the collection, processing, or delivery of Federal 
     financial aid through the use of such application. No data 
     collected on a

[[Page H7848]]

     form for which a fee is charged shall be used to complete the 
     Free Application for Federal Student Aid prescribed under 
     this section, except that a Federal or State income tax form 
     prepared by a paid income tax preparer or preparer service 
     for the primary purpose of filing a Federal or State income 
     tax return may be used to complete the Free Application for 
     Federal Student Aid prescribed under this section.
       ``(4) Application processing cycle.--The Secretary shall 
     enable applicants to submit a Free Application for Federal 
     Student Aid developed under this section and initiate the 
     processing of such application, not later than January 1 of 
     the applicant's planned year of enrollment, to the maximum 
     extent practicable, on or around October 1 prior to the 
     applicant's planned year of enrollment.
       ``(5) Early estimates.--The Secretary shall maintain an 
     electronic method for applicants to enter income and family 
     size information to calculate a non-binding estimate of the 
     applicant's Federal financial aid available under this title 
     and shall place such calculator on a prominent location at 
     the beginning of the Free Application for Federal Student 
     Aid.
       ``(6) Additional forms.--Notwithstanding any other 
     provision of this title, an institution may not condition the 
     packaging or receipt of Federal financial aid on the 
     completion of additional requests for financial information 
     beyond the Free Application for Federal Student Aid, unless 
     such information is required for verification, a 
     determination of independence, or professional judgement.''.
       (2) Reports.--Notwithstanding section 701(b) of this title, 
     the Secretary of Education shall have the authority to issue 
     reports and begin consumer testing prior to July 1, 2023, as 
     provided in the amendment made by paragraph (1).
       (n) Student Eligibility.--
       (1) Amendments.--
       (A) In general.--Section 484 of the Higher Education Act of 
     1965 (20 U.S.C. 1091) is amended--
       (i) by striking subsections (n) and (r);
       (ii) by redesignating subsections (o), (p), (s), and (t), 
     as subsections (n), (o), (q), and (r), respectively;
       (iii) by inserting between subsections (o) and (q), as 
     redesignated under clause (i), the following:
       ``(p) Use of Income Data With IRS.--The Secretary, in 
     cooperation with the Secretary of the Treasury, shall fulfill 
     the data transfer requirements under section 6103(l)(13) of 
     the Internal Revenue Code of 1986 and the procedure and 
     requirements outlined in section 494.''; and
       (iv) by adding at the end the following:
       ``(s) Exception to Required Registration With the Selective 
     Service System.--Notwithstanding section 12(f) of the 
     Military Selective Service Act (50 U.S.C. 3811(f)), an 
     individual shall not be ineligible for assistance or a 
     benefit provided under this title if the individual is 
     required under section 3 of such Act (50 U.S.C. 3802) to 
     present himself for and submit to registration under such 
     section and fails to do so in accordance with any 
     proclamation issued under such section, or in accordance with 
     any rule or regulation issued under such section.
       ``(t) Confined or Incarcerated Individuals.--
       ``(1) Definitions.--In this subsection:
       ``(A) Confined or incarcerated individual.--The term 
     `confined or incarcerated individual'--
       ``(i) means an individual who is serving a criminal 
     sentence in a Federal, State, or local penal institution, 
     prison, jail, reformatory, work farm, or other similar 
     correctional institution; and
       ``(ii) does not include an individual who is in a halfway 
     house or home detention or is sentenced to serve only 
     weekends.
       ``(B) Prison education program.--The term `prison education 
     program' means an education or training program that--
       ``(i) is an eligible program under this title offered by an 
     institution of higher education (as defined in section 101 or 
     102(a)(1)(B));
       ``(ii) is offered by an institution that has been approved 
     to operate in a correctional facility by the appropriate 
     State department of corrections or other entity that is 
     responsible for overseeing correctional facilities, or by the 
     Bureau of Prisons;
       ``(iii) has been determined by the appropriate State 
     department of corrections or other entity that is responsible 
     for overseeing correctional facilities, or by the Bureau of 
     Prisons, to be operating in the best interest of students, 
     the determination of which shall be made by the State 
     department of corrections or other entity or by the Bureau of 
     Prisons, respectively, and may be based on--

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

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

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

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

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

       ``(iii) track individuals who received Federal Pell Grants 
     under subpart 1 of part A at 1, 3, and 5 years after the 
     individuals' release from confinement or incarceration; and
       ``(iv) examine the extent to which institutions provide re-
     entry or relevant career services to participating confined 
     or incarcerated individuals as part of the prison education 
     program and the efficacy of such services, if offered.
       ``(B) Report.--Beginning not later than 1 year after the 
     Secretary awards the grant, contract, or cooperative 
     agreement described in subparagraph (A) and annually 
     thereafter, each institution of higher education operating a 
     prison education program under this subsection shall submit a 
     report to the Secretary on activities assisted and students 
     served under this subsection, which shall include the 
     information, as applicable, contained in clauses (i) through 
     (iv) of subparagraph (A).
       ``(5) Report.--Not later than 1 year after the date of 
     enactment of the FAFSA Simplification Act and on at least an 
     annual basis thereafter, the Secretary shall submit to the 
     authorizing committees, and make publicly available on the 
     website of the Department, a report on the--
       ``(A) impact of this subsection which shall include, at a 
     minimum--
       ``(i) the names and types of institutions of higher 
     education offering prison education programs at which 
     confined or incarcerated individuals are enrolled and 
     receiving Federal Pell Grants;
       ``(ii) the number of confined or incarcerated individuals 
     receiving Federal Pell Grants through each prison education 
     program;
       ``(iii) the amount of Federal Pell Grant expenditures for 
     each prison education program;
       ``(iv) the average amount of Federal Pell Grant 
     expenditures per full-time equivalent students in a prison 
     education program compared to the average amount of Federal 
     Pell Grant expenditures per full-time equivalent students not 
     in prison education programs;
       ``(v) the demographics of confined or incarcerated 
     individuals receiving Federal Pell Grants;
       ``(vi) the cost of attendance for such individuals;
       ``(vii) the mode of instruction (such as distance 
     education, in-person instruction, or a combination of such 
     modes) for each prison education program;
       ``(viii) information on the academic outcomes of such 
     individuals (such as credits attempted and earned, and 
     credential and degree completion) and any information 
     available from student satisfaction surveys conducted by the 
     applicable institution or correctional facility;

[[Page H7849]]

       ``(ix) information on post-release outcomes of such 
     individuals, including, to the extent practicable, continued 
     postsecondary enrollment, earnings, credit transfer, and job 
     placement;
       ``(x) rates of recidivism for confined or incarcerated 
     individuals receiving Federal Pell Grants;
       ``(xi) information on transfers of confined or incarcerated 
     individuals between prison education programs;
       ``(xii) the most common programs and courses offered in 
     prison education programs; and
       ``(xiii) rates of instructor turnover or departure for 
     courses offered in prison education programs;
       ``(B) results of each prison education program at each 
     institution of higher education, including the information 
     described in clauses (ii) through (xiii) of subparagraph (A); 
     and
       ``(C) findings regarding best practices with respect to 
     prison education programs.''.
       (B) Conforming amendment.--Section 428B(f)(2) of the Higher 
     Education Act of 1965 (20 U.S.C. 1078-2(f)(2)) is amended by 
     striking ``section 484(p)'' and inserting ``section 484(o)''.
       (C) Institutional and financial assistance information for 
     students.--Section 485 of the Higher Education Act of 1965 
     (20 U.S.C. 1092) is amended by repealing subsection (k).
       (2) Early effective date permitted.--Notwithstanding 
     section 701(b) of this Act, sections 401(b)(6) and 484(r) of 
     the Higher Education Act of 1965 (20 U.S.C. 1070a(b)(6); 
     1091(r)) as in effect on the date of enactment of this Act, 
     and section 12(f) of the Military Selective Service Act (50 
     U.S.C. 3811(f)), the Secretary of Education may implement the 
     amendments made by paragraph (1) of this subsection before 
     (but not later than) July 1, 2023. The Secretary shall 
     specify in a designation on what date, under what conditions, 
     and for which award years the Secretary will implement such 
     amendments prior to July 1, 2023. The Secretary shall publish 
     any designation under this paragraph in the Federal Register 
     at least 60 days before implementation.
       (o) Early Awareness of Financial Aid Eligibility.--Section 
     485E of the Higher Education Act of 1965 (20 U.S.C. 1092f) is 
     amended to read as follows:

     ``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID 
                   ELIGIBILITY.

       ``(a) In General.--The Secretary shall implement early 
     outreach activities in order to provide prospective students 
     and their families with information about financial aid and 
     estimates of financial aid. Such early outreach activities 
     shall include the activities described in subsections (b), 
     (c), and (d).
       ``(b) Pell Grant Early Awareness Estimates.--
       ``(1) In general.--The Secretary shall produce a consumer-
     tested method of estimating student eligibility for Federal 
     Pell Grants under section 401(b) utilizing the variables of 
     family size and adjusted gross income, presented in 
     electronic format. There shall be a method for students to 
     indicate whether they are, or will be in--
       ``(A) a single-parent household;
       ``(B) a household with two parents; or
       ``(C) a household with no children or dependents.
       ``(2) Consumer testing.--
       ``(A) In general.--The method of estimating eligibility 
     described in paragraph (1) shall be consumer tested with 
     prospective first-generation students and families as well as 
     low-income individuals and families.
       ``(B) Updates.--For award year 2023-2024 and each fourth 
     succeeding award year thereafter, the design of the method of 
     estimating eligibility shall be updated based on additional 
     consumer testing with the populations described in 
     subparagraph (A).
       ``(3) Distribution.--The method of estimating eligibility 
     described in paragraph (1) shall be--
       ``(A) made publicly and prominently available on the 
     Department's website; and
       ``(B) actively shared by the Secretary with--
       ``(i) institutions of higher education participating in 
     programs under this title;
       ``(ii) all middle and secondary schools eligible for funds 
     under part A of title I of the Elementary and Secondary 
     Education Act of 1965;
       ``(iii) local educational agencies and middle schools and 
     high schools that serve students not less than 25 percent of 
     whom meet a measure of poverty as described in section 
     1113(a)(5) of the Elementary and Secondary Education Act of 
     1965; and
       ``(iv) agencies responsible for administering means-tested 
     Federal benefit programs, as defined in section 479(b)(4)(H).
       ``(4) Electronic estimator on fafsa.--In accordance with 
     subsection (d)(5) of section 483, the Secretary shall 
     maintain an electronic method for applicants to enter income 
     and family size, and level of education sought information to 
     calculate a non-binding estimate (which may include a range, 
     ceiling, or minimum) of the applicant's Federal financial aid 
     available under this title and shall place such calculator on 
     a prominent location on the FAFSA website and in a manner 
     that encourages students to fill out the FAFSA.
       ``(c) Early Awareness Plans.--The Secretary shall establish 
     and implement early awareness and outreach plans to provide 
     early information about the availability of Federal financial 
     aid and estimates of prospective students' eligibility for 
     Federal financial aid as well as to promote the attainment of 
     postsecondary education specifically among prospective first-
     generation students and families as well as low-income 
     individuals and families, as follows:
       ``(1) Outreach plans for low-income families.--
       ``(A) In general.--The Secretary shall develop plans for 
     each population described in this subparagraph to disseminate 
     information about the availability of Federal financial aid 
     under this title, in addition to and in coordination with the 
     distribution of the method of estimating eligibility under 
     subsection (b), to--
       ``(i) all middle schools and secondary schools eligible for 
     funds under part A of title I of the Elementary and Secondary 
     Education Act of 1965;
       ``(ii) local educational agencies and middle schools and 
     high schools that serve students not less than 25 percent of 
     whom meet a measure of poverty as described in section 
     1113(a)(5) of the Elementary and Secondary Education Act;
       ``(iii) households receiving assistance under the 
     supplemental nutrition assistance program established under 
     the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 
     and
       ``(iv) agencies responsible for administering means-tested 
     Federal benefit programs, as defined in section 479(b)(4)(H).
       ``(B) Content of plans.--The plans described in paragraph 
     (A) shall--
       ``(i) provide students and their families with information 
     on--

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

       ``(ii) describe how the dissemination of information will 
     be conducted by the Secretary.
       ``(C) Reporting and updates.--The Secretary shall post the 
     information about the plans under subparagraph (A) and 
     associated goals publicly on the Department's website. On an 
     annual basis, the Secretary shall report qualitative and 
     quantitative outcomes regarding the implementation of the 
     plans under subparagraph (A). The Secretary shall review and 
     update such plans not less often than every 4 award years 
     with the goal of progressively increasing the impact of the 
     activities under this paragraph.
       ``(D) Partnership.--The Secretary may partner with States, 
     State systems of higher education, institutions of higher 
     education, or college access organizations to carry out this 
     paragraph.
       ``(2) Interagency coordination plans.--
       ``(A) In general.--The Secretary shall develop interagency 
     coordination plans in order to inform more students and 
     families, including low-income individuals or families and 
     recipients of means-tested Federal benefits, about the 
     availability of Federal financial aid under this title 
     through participation in existing Federal programs or tax 
     benefits that serve low-income individuals or families, in 
     coordination with the following Secretaries:
       ``(i) The Secretary of the Treasury.
       ``(ii) The Secretary of Labor.
       ``(iii) The Secretary of Health and Human Services.
       ``(iv) The Secretary of Agriculture.
       ``(v) The Secretary of Housing and Urban Development.
       ``(vi) The Secretary of Commerce.
       ``(vii) The Secretary of Veterans Affairs.
       ``(viii) The Secretary of the Interior.
       ``(B) Process, activities, and goals.--Each interagency 
     coordination plan under subparagraph (A) shall--
       ``(i) identify opportunities in which low-income 
     individuals and families could be informed of the 
     availability of Federal financial aid under this title 
     through access to other Federal programs that serve low-
     income individuals and families;
       ``(ii) identify methods to effectively inform low-income 
     individuals and families of the availability of Federal 
     financial aid for postsecondary education under this title 
     and assist such individuals in completing the Free 
     Application for Federal Student Aid;
       ``(iii) develop early awareness and FAFSA completion 
     activities that align with the opportunities and methods 
     identified under clauses (i) and (ii);
       ``(iv) establish goals regarding the effects of the 
     activities to be implemented under clause (iii); and
       ``(v) provide information on how students and families can 
     maintain access to Federal programs that serve low-income 
     individuals and families operated by the agencies identified 
     under subsection (A) while attending an institution of higher 
     education.
       ``(C) Plan with secretary of the treasury.--The interagency 
     coordination plan under subparagraph (A)(i) between the 
     Secretary and the Secretary of the Treasury shall further 
     include specific methods to increase the application for 
     Federal financial aid under this title from individuals who 
     file Federal tax returns, including collaboration with tax 
     preparation entities or other third parties, as appropriate.
       ``(D) Reporting and updates.--The Secretary shall post the 
     information about the interagency coordination plans under 
     this paragraph and associated goals publicly on the 
     Department's website. The plans shall have the goal of 
     progressively increasing the impact of the activities under 
     this paragraph by increasing the number of low-income 
     applicants for, and recipients of, Federal financial aid. The 
     plans shall be updated not less than once every 4 years.
       ``(3) Nationwide participation in early awareness plans.--
       ``(A) In general.--The Secretary shall solicit voluntary 
     public commitments from entities, such as States, State 
     systems of higher education, institutions of higher 
     education, and other interested organizations, to carry out 
     early awareness plans, which shall include goals, to--

[[Page H7850]]

       ``(i) notify prospective and existing students who are low-
     income individuals and families about their eligibility for 
     Federal aid under this title, as well as State-based 
     financial aid, if applicable, on an annual basis;
       ``(ii) increase the number of prospective and current 
     students who are low-income individuals and families filing 
     the Free Application for Federal Student Aid; and
       ``(iii) increase the number of prospective and current 
     students who are low-income individuals and families 
     enrolling in postsecondary education.
       ``(B) Reporting and updates.--Each entity that makes a 
     voluntary public commitment to carry out an early awareness 
     plan may submit quantitative and qualitative data based on 
     the entity's progress toward the goals of the plan annually 
     prior to a date selected by the Secretary.
       ``(C) Early awareness champions.--Based on data submitted 
     by entities, the Secretary shall select and designate 
     entities submitting public commitments, plans, and goals, as 
     Early Awareness Champions on an annual basis. Those entities 
     designated as Early Awareness Champions shall provide one or 
     more case studies regarding the activities the entity 
     undertook under this paragraph which shall be made public by 
     the Secretary on the Department of Education website to 
     promote best practices.
       ``(d) Public Awareness Campaign.--
       ``(1) In general.--The Secretary shall develop and 
     implement a public awareness campaign designed using current 
     and relevant independent research regarding strategies and 
     media platforms found to be most effective in communicating 
     with low-income populations in order to increase national 
     awareness regarding the availability of Federal Pell Grants 
     and financial aid under this title and, at the option of the 
     Secretary, potential availability of state need-based 
     financial aid.
       ``(2) Coordination.--The public awareness campaign 
     described in paragraph (1) shall leverage the activities in 
     subsections (b) and (c) to highlight eligibility among low-
     income populations. In developing and implementing the 
     campaign, the Secretary may work in coordination with States, 
     institutions of higher education, early intervention and 
     outreach programs under this title, other Federal agencies, 
     agencies responsible for administering means-tested Federal 
     benefit programs (as defined in section 479(b)(4)(H)), 
     organizations involved in college access and student 
     financial aid, secondary schools, local educational agencies, 
     public libraries, community centers, businesses, employers, 
     workforce investment boards, and organizations that provide 
     services to individuals who are or were homeless, in foster 
     care, or are disconnected youth.
       ``(3) Reporting.--The Secretary shall report on the success 
     of the public awareness campaign described in paragraph (1) 
     annually regarding the extent to which the public and target 
     populations were reached using data commonly used to evaluate 
     advertising and outreach campaigns and data regarding whether 
     the campaign produced any increase in applicants for Federal 
     aid under this title publicly on the Department of Education 
     website.''.
       (p) Procedure and Requirements for Requesting Tax Return 
     Information From the Internal Revenue Service.--Section 
     494(a)(1) of the Higher Education Act of 1965 (20 U.S.C. 
     1098h(a)(1)) is amended--
       (1) in subparagraph (A)(ii), by striking ``and'' after the 
     semicolon;
       (2) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(C) if an individual is pursuing provisional independent 
     student status due to an unusual circumstance, as described 
     in section 479A and provided for in section 479D, require 
     such individual to provide an affirmative approval under 
     subparagraph (B), but not require a parent of such individual 
     to provide an affirmative approval under subparagraph (B).''.

     SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 
                   APPLICATIONS.

       Section 401 of the Higher Education Act of 1965 (20 U.S.C. 
     1070a) is amended to read as follows:

     ``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 
                   APPLICATIONS.

       ``(a) Purpose; Definitions.--
       ``(1) Purpose.--The purpose of this subpart is to provide a 
     Federal Pell Grant to low-income students.
       ``(2) Definitions.--In this section--
       ``(A) the term `adjusted gross income' means--
       ``(i) in the case of a dependent student, the adjusted 
     gross income (as defined in section 62 of the Internal 
     Revenue Code of 1986) of the student's parents in the second 
     tax year preceding the academic year; and
       ``(ii) in the case of an independent student, the adjusted 
     gross income (as defined in section 62 of the Internal 
     Revenue Code of 1986) of the student (and the student's 
     spouse, if applicable) in the second tax year preceding the 
     academic year;
       ``(B) the term `family size' has the meaning given the term 
     in section 480(k);
       ``(C) the term `poverty line' means the poverty line (as 
     determined under the poverty guidelines updated periodically 
     in the Federal Register by the Department of Health and Human 
     Services under the authority of section 673(2) of the 
     Community Services Block Grant Act (42 U.S.C. 9902(2))) 
     applicable to the student's family size and applicable to the 
     second tax year preceding the academic year;
       ``(D) the term `single parent' means--
       ``(i) a parent of a dependent student who was a head of 
     household (as defined in section 2(b) of the Internal Revenue 
     Code of 1986) or a surviving spouse (as defined in section 
     2(a) of the Internal Revenue Code of 1986) or was an eligible 
     individual for purposes of the credit under section 32 of 
     such Code, in the second tax year preceding the academic 
     year; or
       ``(ii) an independent student who is a parent and was a 
     head of household (as defined in section 2(b) of the Internal 
     Revenue Code of 1986) or a surviving spouse (as defined in 
     section 2(a) of the Internal Revenue Code of 1986) or was an 
     eligible individual for purposes of the credit under section 
     32 of such Code, in the second tax year preceding the 
     academic year;
       ``(E) the term `total maximum Federal Pell Grant' means the 
     total maximum Federal Pell Grant award per student for any 
     academic year described under subsection (b)(5); and
       ``(F) the term `minimum Federal Pell Grant' means the 
     minimum amount of a Federal Pell Grant that shall be awarded 
     to a student for any academic year in which that student is 
     attending full time, which shall be equal to 10 percent of 
     the total maximum Federal Pell Grant for such academic year.
       ``(b) Amount and Distribution of Grants.--
       ``(1) Determination of amount of a federal pell grant.--
     Subject to paragraphs (2) and (3), the amount of a Federal 
     Pell Grant for a student shall be determined in accordance 
     with the following:
       ``(A) A student shall be eligible for a total maximum 
     Federal Pell Grant for an academic year in which the student 
     is enrolled in an eligible program full time--
       ``(i) if the student (and the student's spouse, if 
     applicable), or, in the case of a dependent student, the 
     dependent student's parents (or single parent), is not 
     required to file a Federal income tax return in the second 
     year preceding the academic year;
       ``(ii) if the student or, in the case of a dependent 
     student, the dependent student's parent, is a single parent, 
     and the adjusted gross income is greater than zero and equal 
     to or less than 225 percent of the poverty line; or
       ``(iii) if the student or, in the case of a dependent 
     student, the dependent student's parent, is not a single 
     parent, and the adjusted gross income is greater than zero 
     and equal to or less than 175 percent of the poverty line.
       ``(B) A student who is not eligible for a total maximum 
     Federal Pell Grant under subparagraph (A) for an academic 
     year, shall be eligible for a Federal Pell Grant for an 
     academic year in which the student is enrolled in an eligible 
     program full time if such student's student aid index in such 
     award year is less than the total maximum Federal Pell Grant 
     for that award year. The amount of the Federal Pell Grant for 
     a student eligible under this subparagraph shall be--
       ``(i) the total maximum Federal Pell Grant as calculated 
     under paragraph (5)(A) for that year, less
       ``(ii) an amount equal to the amount determined to be the 
     student aid index with respect to that student for that year, 
     except that a student aid index of less than zero shall be 
     considered to be zero for the purposes of this clause,
     rounded to the nearest $5, except that a student eligible for 
     less than the minimum Federal Pell Grant as defined in 
     section (a)(2)(F) shall not be eligible for an award.
       ``(C) A student who is not eligible for a Federal Pell 
     Grant under subparagraph (A) or (B) shall be eligible for the 
     minimum Federal Pell Grant for an academic year in which the 
     student is enrolled in an eligible program full time--
       ``(i) in the case of a dependent student--

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

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

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

       ``(D) A student eligible for the total maximum Federal Pell 
     Grant under subparagraph (A) who has (or whose spouse or 
     parent, as applicable based on whose information is used 
     under such subparagraph, has) foreign income that would, if 
     added to adjusted gross income, result in the student no 
     longer being eligible for such total maximum Federal Pell 
     Grant, shall not be provided a Federal Pell Grant until the 
     student aid administrator evaluates the student's FAFSA and 
     makes a determination regarding whether it is appropriate to 
     make an adjustment under section 479A(b)(1)(B)(v) to account 
     for such foreign income when determining the student's 
     eligibility for such total maximum Federal Pell Grant.
       ``(E) With respect to a student who is not eligible for the 
     total maximum Federal Pell Grant under subparagraph (A) or a 
     minimum Federal Pell Grant under subparagraph (C), the 
     Secretary shall subtract from the student or parents' 
     adjusted gross income, as applicable based on whose income is 
     used for the Federal Pell Grant calculation, the sum of the 
     following for the individual whose income is so used, and 
     consider such difference the adjusted gross income for 
     purposes of determining the student's eligibility for such 
     Federal Pell Grant award under such subparagraph:
       ``(i) If the applicant, or, if applicable, the parents or 
     spouse of the applicant, elects to report receiving college 
     grant and scholarship aid included in gross income on a 
     Federal tax return described in section 480(e)(2), the amount 
     of such aid.
       ``(ii) Income earned from work under part C of this title.

[[Page H7851]]

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

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

       ``(d) Period of Eligibility for Grants.--
       ``(1) In general.--The period during which a student may 
     receive Federal Pell Grants shall be the period required for 
     the completion of the first undergraduate baccalaureate 
     course of study being pursued by that student at the 
     institution at which the student is in attendance, except 
     that any period during which the student is enrolled in a 
     noncredit or remedial course of study, as described in 
     paragraph (2), shall not be counted for the purpose of this 
     paragraph.
       ``(2) Noncredit or remedial courses; study abroad.--Nothing 
     in this section shall exclude from eligibility courses of 
     study which are noncredit or remedial in nature (including 
     courses in English language instruction) which are determined 
     by the institution to be necessary to help the student be 
     prepared for the pursuit of a first undergraduate 
     baccalaureate degree or certificate or, in the case of 
     courses in English language instruction, to be necessary to 
     enable the student to use already existing knowledge, 
     training, or skills. Nothing in this section shall exclude 
     from eligibility programs of study abroad that are approved 
     for credit by the home institution at which the student is 
     enrolled.
       ``(3) No concurrent payments.--No student is entitled to 
     receive Pell Grant payments concurrently from more than one 
     institution or from both the Secretary and an institution.
       ``(4) Postbaccalaureate program.--Notwithstanding paragraph 
     (1), the Secretary may allow, on a case-by-case basis, a 
     student to receive a Federal Pell Grant if the student--
       ``(A) is carrying at least one-half the normal full-time 
     work load for the course of study the student is pursuing, as 
     determined by the institution of higher education; and
       ``(B) is enrolled or accepted for enrollment in a 
     postbaccalaureate program that does not lead to a graduate 
     degree, and in courses required by a State in order for the 
     student to receive a professional certification or licensing 
     credential

[[Page H7852]]

     that is required for employment as a teacher in an elementary 
     school or secondary school in that State,
     except that this paragraph shall not apply to a student who 
     is enrolled in an institution of higher education that offers 
     a baccalaureate degree in education.
       ``(5) Maximum period.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the period during which a student may receive Federal Pell 
     Grants shall not exceed 12 semesters, or the equivalent of 12 
     semesters, as determined by the Secretary by regulation. Such 
     regulations shall provide, with respect to a student who 
     received a Federal Pell Grant for a term but was enrolled at 
     a fraction of full time, that only that same fraction of such 
     semester or equivalent shall count towards such duration 
     limits.
       ``(B) Exception.--
       ``(i) In general.--Any Federal Pell Grant that a student 
     received during a period described in subclause (I) or (II) 
     of clause (ii) shall not count towards the student's duration 
     limits under this paragraph.
       ``(ii) Applicable periods.--Clause (i) shall apply with 
     respect to any Federal Pell Grant awarded to a student to 
     enroll in an eligible program at an institution--

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

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

       ``(II) during a period--

       ``(aa) for which the student received a loan under this 
     title; and
       ``(bb) for which the loan described in item (aa) is 
     discharged under--
       ``(AA) section 437(c)(1) or section 464(g)(1);
       ``(BB) section 432(a)(6); or
       ``(CC) section 455(h) due to the student's successful 
     assertion of a defense to repayment of the loan, including 
     defenses provided to any applicable groups of students.
       ``(e) Applications for Grants.--
       ``(1) Deadlines.--The Secretary shall from time to time set 
     dates by which students shall file the Free Application for 
     Federal Student Aid under section 483.
       ``(2) Application.--Each student desiring a Federal Pell 
     Grant for any year shall file the Free Application for 
     Federal Student Aid containing the information necessary to 
     enable the Secretary to carry out the functions and 
     responsibilities of this subpart.
       ``(f) Distribution of Grants to Students.--Payments under 
     this section shall be made in accordance with regulations 
     promulgated by the Secretary for such purpose, in such manner 
     as will best accomplish the purpose of this section. Any 
     disbursement allowed to be made by crediting the student's 
     account shall be limited to tuition and fees, and food and 
     housing if that food and housing is institutionally owned or 
     operated. The student may elect to have the institution 
     provide other such goods and services by crediting the 
     student's account.
       ``(g) Insufficient Appropriations.--If, for any fiscal 
     year, the funds appropriated for payments under this subpart 
     are insufficient to satisfy fully all entitlements, as 
     calculated under subsections (b) and (c) (but at the maximum 
     grant level specified in such appropriation), the Secretary 
     shall promptly transmit a notice of such insufficiency to 
     each House of the Congress, and identify in such notice the 
     additional amount that would be required to be appropriated 
     to satisfy fully all entitlements (as so calculated at such 
     maximum grant level).
       ``(h) Use of Excess Funds.--
       ``(1) 15 percent or less.--If, at the end of a fiscal year, 
     the funds available for making payments under this subpart 
     exceed the amount necessary to make the payments required 
     under this subpart to eligible students by 15 percent or 
     less, then all of the excess funds shall remain available for 
     making payments under this subpart during the next succeeding 
     fiscal year.
       ``(2) More than 15 percent.--If, at the end of a fiscal 
     year, the funds available for making payments under this 
     subpart exceed the amount necessary to make the payments 
     required under this subpart to eligible students by more than 
     15 percent, then all of such funds shall remain available for 
     making such payments but payments may be made under this 
     paragraph only with respect to entitlements for that fiscal 
     year.
       ``(i) Treatment of Institutions and Students Under Other 
     Laws.--Any institution of higher education which enters into 
     an agreement with the Secretary to disburse to students 
     attending that institution the amounts those students are 
     eligible to receive under this subpart shall not be deemed, 
     by virtue of such agreement, a contractor maintaining a 
     system of records to accomplish a function of the Secretary. 
     Recipients of Pell Grants shall not be considered to be 
     individual grantees for purposes of chapter 81 of title 41, 
     United States Code.
       ``(j) Institutional Ineligibility Based on Default Rates.--
       ``(1) In general.--No institution of higher education shall 
     be an eligible institution for purposes of this subpart if 
     such institution of higher education is ineligible to 
     participate in a loan program under part B or D as a result 
     of a final default rate determination made by the Secretary 
     under part B or D after the final publication of cohort 
     default rates for fiscal year 1996 or a succeeding fiscal 
     year.
       ``(2) Sanctions subject to appeal opportunity.--No 
     institution may be subject to the terms of this subsection 
     unless the institution has had the opportunity to appeal the 
     institution's default rate determination under regulations 
     issued by the Secretary for the loan program authorized under 
     part B or D, as applicable. This subsection shall not apply 
     to an institution that was not participating in the loan 
     program authorized under part B or D on October 7, 1998, 
     unless the institution subsequently participates in the loan 
     programs.''.

     SEC. 704. CONFORMING AMENDMENTS.

       The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) 
     is amended--
       (1) by striking ``the expected family contribution'' each 
     place the term appears and inserting ``the student aid 
     index'';
       (2) by striking ``expected family contributions'' each 
     place the term appears and inserting ``student aid indexes'';
       (3) by striking ``an expected family contribution'' each 
     place the term appears and inserting ``a student aid index'';
       (4) by striking ``average expected family contribution'' 
     each place the term appears and inserting ``average student 
     aid index'';
       (5) in section 415E(c)(1)(B)(vii), by striking ``automatic 
     zero expected family contribution'' and inserting ``automatic 
     zero student aid index''; and
       (6) in section 428(a)(2)(B), by striking ``expected family 
     contribution'' and inserting ``student aid index''.

     SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA) 
                   RESTRICTION.

       (a) Repeal.--Section 455(q) of the Higher Education Act of 
     1965 (20 U.S.C. 1087e(q)) is repealed.
       (b) Early Effective Date Permitted.--Notwithstanding 
     section 701(b) of this Act and section 455(q) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087e(q)) as in effect on 
     the date of enactment of this Act, the Secretary of Education 
     may implement the repeal authorized under subsection (a) 
     before (but not later than) July 1, 2023. The Secretary shall 
     specify in a designation on what date and for which award 
     years the implementation of such repeal will be effective 
     prior to July 1, 2023. The Secretary shall publish any 
     designation under this paragraph in the Federal Register at 
     least 60 days before implementation.

     SEC. 706. FORGIVENESS OF HBCU CAPITAL FINANCING LOANS.

       (a) Forgiveness.--Not later than 90 days after the 
     effective date of this section, the Secretary of Education 
     shall repay each institution of higher education's 
     outstanding balance of principal, interest, fees, and costs 
     on the disbursed loan amounts (as of such effective date) 
     under each applicable closed loan agreement, including paying 
     any reimbursement (including reimbursements of escrow and 
     return of fees and deposits) relating to the applicable 
     closed loan agreement that are usual and customary when the 
     loan is paid off by the institution.
       (b) Applicable Closed Loan Agreement.--In this section, the 
     term ``applicable closed loan agreement'' means each of the 
     following:
       (1) A closed loan agreement executed before the date of 
     enactment of this Act and made under part D of title III of 
     the Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
       (2) A closed loan agreement executed before the date of 
     enactment of this Act and made for deferment balances 
     authorized under--
       (A) section 3512 of the CARES Act (20 U.S.C. 1001 note);
       (B) title III of division A of the Further Consolidated 
     Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2586);
       (C) title III of division B of the Department of Defense 
     and Labor, Health and Human Services, and Education 
     Appropriations Act, 2019 and Continuing Appropriations Act, 
     2019 (Public Law 115-245; 132 Stat. 3097); or
       (D) title III of division H of the Consolidated 
     Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 741).
       (c) Authorization and Appropriation.--There are authorized 
     to be appropriated, and there are appropriated, out of any 
     amounts in the Treasury not otherwise appropriated, such sums 
     as may be necessary to carry out subsection (a).
       (d) Effective Date.--Notwithstanding section 701(b), this 
     section shall take effect on the date of enactment of this 
     Act.

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

     SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR 
                   MAINTAINED BY THE SOCIAL SECURITY 
                   ADMINISTRATION.

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

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

       ``(ii) The full documented cost to the State of 
     transmitting such information to the Commissioner, including 
     the costs of maintaining, enhancing, and operating any 
     electronic system used solely for transmitting such 
     information to the Commissioner.
       ``(B) The fee for the use of such information shall be 
     established by the Commissioner of Social Security in 
     consultations with the States, and shall include--
       ``(i) a share of the costs to the State associated with 
     collecting and maintaining such information; ensuring the 
     completeness, timeliness, and

[[Page H7853]]

     accuracy of such information; and maintaining, enhancing, and 
     operating the electronic systems that allow for the 
     transmission of such information; and
       ``(ii) a fee for the right to use such information.
       ``(C) The Commissioner of Social Security shall not use 
     amounts provided for a fiscal year in an appropriation Act 
     under the heading `Limitation on Administrative Expenses' for 
     the Social Security Administration for the amounts under 
     paragraph (3)(A), except as the Commissioner determines is 
     necessary on a temporary basis and subject to reimbursement 
     under such paragraph.'';
       (2) in paragraph (3)(A), by striking ``for the reasonable 
     cost of carrying out such arrangement, and'' and inserting 
     ``for--
       ``(i) the agency's proportional share (as determined by the 
     Commissioner in consultation with the head of the agency) 
     of--

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

       ``(ii) the full documented cost to the Commissioner of 
     developing such arrangement and transmitting such information 
     to the agency; and'';
       (3) in paragraph (5)--
       (A) by striking ``such records as may be corrected under 
     this section'' and inserting ``all information regarding 
     deceased individuals furnished to or maintained by the 
     Commissioner under this subsection''; and
       (B) by striking ``by Federal and State agencies'' and 
     inserting ``by a Federal or State agency, provided that the 
     requirements of subparagraphs (A) and (B) of paragraph (3) 
     are met'';
       (4) by redesignating paragraphs (7) through (9) as 
     paragraphs (8) through (10), respectively, and inserting 
     after paragraph (6) the following new paragraph:
       ``(7) In the event an individual is incorrectly identified 
     as deceased in the records furnished by a State to the 
     Commissioner of Social Security under this subsection and the 
     individual provides the Commissioner with the necessary 
     documentation to correct such identification, the 
     Commissioner may--
       ``(A) notify the State of the error in the records so 
     furnished; and
       ``(B) inform the individual of the source of the incorrect 
     death data.'';
       (5) in paragraph (9)(F), as so redesignated, by striking 
     ``the Commission'' and inserting ``the Commissioner'';
       (6) in paragraph (10), as so redesignated--
       (A) by adjusting the left margin so as to align with the 
     left margin of paragraph (9); and
       (B) in subparagraph (A)(i), by inserting ``, provided that 
     the requirements of subparagraphs (A) and (B) of paragraph 
     (3) are met with respect to such agreement'' before the 
     semicolon; and
       (7) by adding at the end the following new paragraph:
       ``(11) During the 3-year period that begins on the 
     effective date of this paragraph, the Commissioner of Social 
     Security shall, to the extent feasible, provide information 
     furnished to the Commissioner under paragraph (1) to the 
     agency operating the Do Not Pay working system described in 
     section 3354(c) of title 31, United States Code, to prevent 
     improper payments to deceased individuals through a 
     cooperative arrangement with such agency, provided that the 
     requirements of subparagraphs (A) and (B) of paragraph (3) 
     are met with respect to such arrangement with such agency.''.
       (b) Effective Dates.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect on the date of 
     enactment of this Act.
       (2) Delay.--The amendment made by paragraph (7) of 
     subsection (a) shall take effect on the date that is 3 years 
     after the date of enactment of this Act.

     SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS 
                   TO DEATH DATA.

       (a) Study.--Not later than 180 days after the date of 
     enactment of this Act, the Commissioner of Social Security 
     shall enter into an agreement with the National Academy of 
     Public Administration to conduct an independent study of the 
     current and potential sources for, and provision of access 
     to, State-owned death data for limited use by Federal 
     agencies and programs for purposes of program administration 
     and payment integrity. Such study shall be performed in 
     consultation with State vital records agencies, the National 
     Association for Public Health Statistics and Information 
     Systems (NAPHSIS), the Commissioner of Social Security, the 
     agency operating the Do Not Pay working system described in 
     section 3354(c) of title 31, United States Code, and other 
     Federal agencies using such death data, as appropriate, and 
     shall include the following:
       (1) Analysis of the following:
       (A) The sources and owners of the death data.
       (B) The timeliness, accuracy, and completeness of State-
     owned death data, including the process for correcting 
     inaccuracies .
       (C) Federal and State laws that may affect legal access to, 
     and protections for, State-owned death data.
       (D) Federalism and the appropriate roles of the relevant 
     Federal and State entities, including States' role in 
     recording vital records and the core mission and 
     responsibility of any Federal agency involved.
       (E) The costs incurred for each step of the death data 
     collection, management, protection (legal and otherwise), and 
     transmission processes, and the challenges to adequate 
     funding of State vital records programs.
       (F) Unmet needs (if any) for these data among Federal 
     agencies or programs.
       (G) Options for providing Federal agencies with limited 
     access to State-owned death data, including Federal agencies 
     contracting directly with States for access to such data or 
     distribution of such data via the Commissioner of Social 
     Security or another Federal agency or program, and 
     corresponding options for appropriate reimbursement 
     structures.
       (2) An assessment of the strengths and limitations of the 
     options for distribution and reimbursement identified in 
     paragraph (1)(G).
       (b) Report.--Upon completion of the study required under 
     subsection (a), the Commissioner of Social Security shall 
     transmit the study to the Committees on Ways and Means and 
     Oversight and Reform of the House of Representatives, and the 
     Committees on Finance and Homeland Security and Governmental 
     Affairs of the Senate.

          TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION

     SEC. 901. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE 
                   FUEL CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR 
                   OTHER IGNITION SOURCES.

       (a) Short Title.--This section may be cited as the 
     ``Portable Fuel Container Safety Act of 2020''.
       (b) Standards.--
       (1) Rule on safety performance standards required.--Not 
     later than 30 months after the date of enactment of this Act, 
     the Consumer Product Safety Commission (referred to in this 
     Act as the ``Commission'') shall promulgate a final rule to 
     require flame mitigation devices in portable fuel containers 
     that impede the propagation of flame into the container, 
     except as provided in paragraph (3).
       (2) Rulemaking; consumer product safety standard.--A rule 
     under paragraph (1)--
       (A) shall be promulgated in accordance with section 553 of 
     title 5, United States Code; and
       (B) shall be treated as a consumer product safety rule 
     promulgated under section 9 of the Consumer Product Safety 
     Act (15 U.S.C. 2058).
       (3) Exception.--
       (A) Voluntary standard.--Paragraph (1) shall not apply for 
     a class of portable fuel containers in the scope of this Act 
     if the Commission determines at any time that--
       (i) there is a voluntary standard for flame mitigation 
     devices for those containers that impedes the propagation of 
     flame into the container;
       (ii) the voluntary standard described in clause (i) is or 
     will be in effect not later than 18 months after the date of 
     enactment of this Act; and
       (iii) the voluntary standard described in clause (i) is 
     developed by ASTM International or such other standard 
     development organization that the Commission determines to 
     have met the intent of this Act.
       (B) Determination required to be published in the federal 
     register.--Any determination made by the Commission under 
     this subsection shall be published in the Federal Register.
       (4) Treatment of voluntary standard for purpose of 
     enforcement.--If the Commission determines that a voluntary 
     standard meets the conditions described in paragraph (3)(A), 
     the requirements of such voluntary standard shall be treated 
     as a consumer product safety rule promulgated under section 9 
     of the Consumer Product Safety Act (15 U.S.C. 2058) beginning 
     on the date which is the later of--
       (A) 180 days after publication of the Commission's 
     determination under paragraph (3); or
       (B) the effective date contained in the voluntary standard.
       (5) Revision of voluntary standard.--
       (A) Notice to commission.--If the requirements of a 
     voluntary standard that meet the conditions of paragraph (3) 
     are subsequently revised, the organization that revised the 
     standard shall notify the Commission after the final approval 
     of the revision.
       (B) Effective date of revision.--Not later than 180 days 
     after the Commission is notified of a revised voluntary 
     standard described in subparagraph (A) (or such later date as 
     the Commission determines appropriate), such revised 
     voluntary standard shall become enforceable as a consumer 
     product safety rule promulgated under section 9 of the 
     Consumer Product Safety Act (15 U.S.C. 2058), in place of the 
     prior version, unless within 90 days after receiving the 
     notice the Commission determines that the revised voluntary 
     standard does not meet the requirements described in 
     paragraph (3).
       (6) Future rulemaking.--The Commission, at any time after 
     publication of the consumer product safety rule required by 
     paragraph (1), a voluntary standard is treated as a consumer 
     product safety rule under paragraph (4), or a revision is 
     enforceable as a consumer product safety rule under paragraph 
     (5) may initiate a rulemaking in accordance with section 553 
     of title 5, United States Code, to modify the requirements or 
     to include any additional provision that the Commission 
     determines is reasonably necessary to protect the public 
     against flame jetting from a portable fuel container. Any 
     rule promulgated under this subsection shall be treated as a 
     consumer product safety rule promulgated under section 9 of 
     the Consumer Product Safety Act (15 U.S.C. 2058).
       (7) Action required.--
       (A) Education campaign.--Not later than 1 year after the 
     date of enactment of this Act, the Commission shall undertake 
     a campaign to educate consumers about the dangers associated 
     with using or storing portable fuel containers for flammable 
     liquids near an open flame or any other source of ignition.
       (B) Summary of actions.--Not later than 2 years after the 
     date of enactment of this Act, the Commission shall submit to 
     Congress a summary of actions taken by the Commission in such 
     campaign.

[[Page H7854]]

       (8) Portable fuel container defined.--In this Act, the term 
     ``portable fuel container'' means any container or vessel 
     (including any spout, cap, and other closure mechanism or 
     component of such container or vessel or any retrofit or 
     aftermarket spout or component intended or reasonably 
     anticipated to be for use with such container)--
       (A) intended for flammable liquid fuels with a flash point 
     less than 140 degrees Fahrenheit, including gasoline, 
     kerosene, diesel, ethanol, methanol, denatured alcohol, or 
     biofuels;
       (B) that is a consumer product with a capacity of 5 gallons 
     or less; and
       (C) that the manufacturer knows or reasonably should know 
     is used by consumers for transporting, storing, and 
     dispensing flammable liquid fuels.
       (9) Rule of construction.--This Act may not be interpreted 
     to conflict with the Children's Gasoline Burn Prevention Act 
     (Public Law 110-278; 122 Stat. 2602).
       (c) Children's Gasoline Burn Prevention Act.--
       (1) Amendment.--Section 2(c) of the Children's Gasoline 
     Burn Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) 
     is amended by inserting after ``for use by consumers'' the 
     following: ``and any receptacle for gasoline, kerosene, or 
     diesel fuel, including any spout, cap, and other closure 
     mechanism and component of such receptacle or any retrofit or 
     aftermarket spout or component intended or reasonably 
     anticipated to be for use with such receptacle, produced or 
     distributed for sale to or use by consumers for transport of, 
     or refueling of internal combustion engines with, gasoline, 
     kerosene, or diesel fuel''.
       (2) Applicability.--The amendment made by paragraph (1) 
     shall take effect 6 months after the date of enactment of 
     this Act.

     SEC. 902. DON'T BREAK UP THE T-BAND.

       (a) Short Title.--This section may be cited as the ``Don't 
     Break Up the T-Band Act of 2020''.
       (b) Repeal of Requirement to Reallocate and Auction T-Band 
     Spectrum.--
       (1) Repeal.--Section 6103 of the Middle Class Tax Relief 
     and Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
       (2) Clerical amendment.--The table of contents in section 
     1(b) of such Act is amended by striking the item relating to 
     section 6103.
       (c) Clarifying Acceptable 9-1-1 Obligations or 
     Expenditures.--Section 6 of the Wireless Communications and 
     Public Safety Act of 1999 (47 U.S.C. 615a-1) is amended--
       (1) in subsection (f)--
       (A) in paragraph (1), by striking ``as specified in the 
     provision of State or local law adopting the fee or charge'' 
     and inserting ``consistent with the purposes and functions 
     designated in the final rules issued under paragraph (3) as 
     purposes and functions for which the obligation or 
     expenditure of such a fee or charge is acceptable'';
       (B) in paragraph (2), by striking ``any purpose other than 
     the purpose for which any such fees or charges are 
     specified'' and inserting ``any purpose or function other 
     than the purposes and functions designated in the final rules 
     issued under paragraph (3) as purposes and functions for 
     which the obligation or expenditure of any such fees or 
     charges is acceptable''; and
       (C) by adding at the end the following:
       ``(3) Acceptable obligations or expenditures.--
       ``(A) Rules required.--In order to prevent diversion of 9-
     1-1 fees or charges, the Commission shall, not later than 180 
     days after the date of the enactment of this paragraph, issue 
     final rules designating purposes and functions for which the 
     obligation or expenditure of 9-1-1 fees or charges, by any 
     State or taxing jurisdiction authorized to impose such a fee 
     or charge, is acceptable.
       ``(B) Purposes and functions.--The purposes and functions 
     designated under subparagraph (A) shall be limited to the 
     support and implementation of 9-1-1 services provided by or 
     in the State or taxing jurisdiction imposing the fee or 
     charge and operational expenses of public safety answering 
     points within such State or taxing jurisdiction. In 
     designating such purposes and functions, the Commission shall 
     consider the purposes and functions that States and taxing 
     jurisdictions specify as the intended purposes and functions 
     for the 9-1-1 fees or charges of such States and taxing 
     jurisdictions, and determine whether such purposes and 
     functions directly support providing 9-1-1 services.
       ``(C) Consultation required.--The Commission shall consult 
     with public safety organizations and States and taxing 
     jurisdictions as part of any proceeding under this paragraph.
       ``(D) Definitions.--In this paragraph:
       ``(i) 9-1-1 fee or charge.--The term `9-1-1 fee or charge' 
     means a fee or charge applicable to commercial mobile 
     services or IP-enabled voice services specifically designated 
     by a State or taxing jurisdiction for the support or 
     implementation of 9-1-1 services.
       ``(ii) 9-1-1 services.--The term `9-1-1 services' has the 
     meaning given such term in section 158(e) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942(e)).
       ``(iii) State or taxing jurisdiction.--The term `State or 
     taxing jurisdiction' means a State, political subdivision 
     thereof, Indian Tribe, or village or regional corporation 
     serving a region established pursuant to the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.).
       ``(4) Participation.--If a State or taxing jurisdiction (as 
     defined in paragraph (3)(D)) receives a grant under section 
     158 of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 942) after the 
     date of the enactment of this paragraph, such State or taxing 
     jurisdiction shall, as a condition of receiving such grant, 
     provide the information requested by the Commission to 
     prepare the report required by paragraph (2).
       ``(5) Petition regarding additional purposes and 
     functions.--
       ``(A) In general.--A State or taxing jurisdiction (as 
     defined in paragraph (3)(D)) may submit to the Commission a 
     petition for a determination that an obligation or 
     expenditure of a 9-1-1 fee or charge (as defined in such 
     paragraph) by such State or taxing jurisdiction for a purpose 
     or function other than a purpose or function designated under 
     paragraph (3)(A) should be treated as such a purpose or 
     function. If the Commission finds that the State or taxing 
     jurisdiction has provided sufficient documentation to make 
     the demonstration described in subparagraph (B), the 
     Commission shall grant such petition.
       ``(B) Demonstration described.--The demonstration described 
     in this subparagraph is a demonstration that the purpose or 
     function--
       ``(i) supports public safety answering point functions or 
     operations; or
       ``(ii) has a direct impact on the ability of a public 
     safety answering point to--

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

       (2) by adding at the end the following:
       ``(j) Severability Clause.--If any provision of this 
     section or the application thereof to any person or 
     circumstance is held invalid, the remainder of this section 
     and the application of such provision to other persons or 
     circumstances shall not be affected thereby.''.
       (d) Prohibition on 9-1-1 Fee or Charge Diversion.--
       (1) In general.--If the Commission obtains evidence that 
     suggests the diversion by a State or taxing jurisdiction of 
     9-1-1 fees or charges, the Commission shall submit such 
     information, including any information regarding the impact 
     of any underfunding of 9-1-1 services in the State or taxing 
     jurisdiction, to the interagency strike force established 
     under paragraph (3).
       (2) Report to congress.--Beginning with the first report 
     under section 6(f)(2) of the Wireless Communications and 
     Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(2)) that is 
     required to be submitted after the date that is 1 year after 
     the date of the enactment of this Act, the Commission shall 
     include in each report required under such section all 
     evidence that suggests the diversion by a State or taxing 
     jurisdiction of 9-1-1 fees or charges, including any 
     information regarding the impact of any underfunding of 9-1-1 
     services in the State or taxing jurisdiction.
       (3) Interagency strike force to end 9-1-1 fee or charge 
     diversion.--
       (A) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Commission shall establish 
     an interagency strike force to study how the Federal 
     Government can most expeditiously end diversion by a State or 
     taxing jurisdiction of 9-1-1 fees or charges. Such 
     interagency strike force shall be known as the ``Ending 9-1-1 
     Fee Diversion Now Strike Force'' (in this subsection referred 
     to as the ``Strike Force'').
       (B) Duties.--In carrying out the study under subparagraph 
     (A), the Strike Force shall--
       (i) determine the effectiveness of any Federal laws, 
     including regulations, policies, and practices, or budgetary 
     or jurisdictional constraints regarding how the Federal 
     Government can most expeditiously end diversion by a State or 
     taxing jurisdiction of 9-1-1 fees or charges;
       (ii) consider whether criminal penalties would further 
     prevent diversion by a State or taxing jurisdiction of 9-1-1 
     fees or charges; and
       (iii) determine the impacts of diversion by a State or 
     taxing jurisdiction of 9-1-1 fees or charges.
       (C) Members.--The Strike Force shall be composed of such 
     representatives of Federal departments and agencies as the 
     Commission considers appropriate, in addition to--
       (i) State attorneys general;
       (ii) States or taxing jurisdictions found not to be 
     engaging in diversion of 9-1-1 fees or charges;
       (iii) States or taxing jurisdictions trying to stop the 
     diversion of 9-1-1 fees or charges;
       (iv) State 9-1-1 administrators;
       (v) public safety organizations;
       (vi) groups representing the public and consumers; and
       (vii) groups representing public safety answering point 
     professionals.
       (D) Report to congress.--Not later than 270 days after the 
     date of the enactment of this Act, the Strike Force shall 
     publish on the website of the Commission and submit to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the findings of the 
     study under this paragraph, including--
       (i) any recommendations regarding how to most expeditiously 
     end the diversion by a State or taxing jurisdiction of 9-1-1 
     fees or charges, including actions that can be taken by 
     Federal departments and agencies and appropriate changes to 
     law or regulations; and
       (ii) a description of what progress, if any, relevant 
     Federal departments and agencies have made in implementing 
     the recommendations under clause (i).
       (4) Failure to comply.--Notwithstanding any other provision 
     of law, any State or taxing jurisdiction identified by the 
     Commission in the report required under section 6(f)(2) of 
     the Wireless Communications and Public Safety Act of 1999 (47 
     U.S.C. 615a-1(f)(2)) as engaging in diversion of 9-1-1 fees 
     or charges shall be ineligible to participate or send a 
     representative to serve on any committee, panel, or council 
     established under section 6205(a) of the Middle Class Tax 
     Relief and Job Creation Act of 2012 (47 U.S.C. 1425(a)) or 
     any advisory committee established by the Commission.
       (e) Rule of Construction.--Nothing in this Act, the 
     Wireless Communications and Public

[[Page H7855]]

     Safety Act of 1999 (Public Law 106-81), or the Communications 
     Act of 1934 (47 U.S.C. 151 et seq.) shall be construed to 
     prevent a State or taxing jurisdiction from requiring an 
     annual audit of the books and records of a provider of 9-1-1 
     services concerning the collection and remittance of a 9-1-1 
     fee or charge.
       (f) Definitions.--In this Act:
       (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge'' 
     has the meaning given such term in subparagraph (D) of 
     paragraph (3) of section 6(f) of the Wireless Communications 
     and Public Safety Act of 1999, as added by this Act.
       (2) 9-1-1 services.--The term ``9-1-1 services'' has the 
     meaning given such term in section 158(e) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942(e)).
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Diversion.--The term ``diversion'' means, with respect 
     to a 9-1-1 fee or charge, the obligation or expenditure of 
     such fee or charge for a purpose or function other than the 
     purposes and functions designated in the final rules issued 
     under paragraph (3) of section 6(f) of the Wireless 
     Communications and Public Safety Act of 1999, as added by 
     this Act, as purposes and functions for which the obligation 
     or expenditure of such a fee or charge is acceptable.
       (5) State or taxing jurisdiction.--The term ``State or 
     taxing jurisdiction'' has the meaning given such term in 
     subparagraph (D) of paragraph (3) of section 6(f) of the 
     Wireless Communications and Public Safety Act of 1999, as 
     added by this Act.

     SEC. 903. OFFICE OF INTERNET CONNECTIVITY AND GROWTH.

       (a) Short Title.--This section may be cited as the 
     ``Advancing Critical Connectivity Expands Service, Small 
     Business Resources, Opportunities, Access, and Data Based on 
     Assessed Need and Demand Act'' or the ``ACCESS BROADBAND 
     Act''.
       (b) Establishment.--Not later than 180 days after the date 
     of the enactment of this Act, the Assistant Secretary shall 
     establish the Office of Internet Connectivity and Growth 
     within the National Telecommunications and Information 
     Administration.
       (c) Duties.--
       (1) Outreach.--The Office shall--
       (A) connect with communities that need access to high-speed 
     internet and improved digital inclusion efforts through 
     various forms of outreach and communication techniques;
       (B) hold regional workshops across the country to share 
     best practices and effective strategies for promoting 
     broadband access and adoption;
       (C) develop targeted broadband training and presentations 
     for various demographic communities through various media;
       (D) develop and distribute publications (including 
     toolkits, primers, manuals, and white papers) providing 
     guidance, strategies, and insights to communities as the 
     communities develop strategies to expand broadband access and 
     adoption; and
       (E) as applicable in carrying out subparagraphs (A) through 
     (D), coordinate with State agencies that provide similar 
     broadband investments, outreach, and coordination through 
     Federal programs.
       (2) Tracking of federal dollars.--
       (A) Broadband infrastructure.--The Office shall track the 
     construction and use of and access to any broadband 
     infrastructure built using any Federal support in a central 
     database.
       (B) Accounting mechanism.--The Office shall develop a 
     streamlined accounting mechanism by which any agency offering 
     a Federal broadband support program and the Commission for 
     any Universal Service Fund Program shall provide the 
     information described in subparagraph (A) in a standardized 
     and efficient fashion.
       (C) Report.--Not later than 1 year after the date of the 
     enactment of this Act, and every year thereafter, the Office 
     shall make public on the website of the Office and submit to 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on the following:
       (i) A description of the work of the Office for the 
     previous year and the number of residents of the United 
     States that received broadband as result of Federal broadband 
     support programs and the Universal Service Fund Programs.
       (ii) A description of how many residents of the United 
     States were provided broadband by which universal service 
     mechanism or which Federal broadband support program.
       (iii) An estimate of the economic impact of such broadband 
     deployment efforts on local economies, including any effect 
     on small businesses or jobs.
       (d) Relation to Current Broadband Activities of NTIA.--The 
     Assistant Secretary shall assign to the Office all activities 
     performed by the National Telecommunications and Information 
     Administration as of the date of the enactment of this Act 
     that are similar to the activities required to be conducted 
     by the Office under this Act.
       (e) Streamlined Applications for Support.--
       (1) Agency consultation.--The Office shall consult with any 
     agency offering a Federal broadband support program to 
     streamline and standardize the applications process for 
     financial assistance or grants for such program.
       (2) Agency streamlining.--Any agency offering a Federal 
     broadband support program shall amend the applications of the 
     agency for broadband support, to the extent practicable and 
     as necessary, to streamline and standardize applications for 
     Federal broadband support programs across the Government.
       (3) Single application.--To the greatest extent 
     practicable, the Office shall seek to create one application 
     that may be submitted to apply for all, or substantially all, 
     Federal broadband support programs.
       (4) Website required.--Not later than 180 days after the 
     date of the enactment of this Act, the Office shall create a 
     central website through which potential applicants can learn 
     about and apply for support through any Federal broadband 
     support program.
       (f) Coordination of Support.--
       (1) In general.--To ensure that Federal support for 
     broadband deployment is being distributed in an efficient, 
     technology-neutral, and financially sustainable manner, and 
     that a program does not duplicate any other Federal broadband 
     support program or any Universal Service Fund high-cost 
     program--
       (A) any agency that offers a Federal broadband support 
     program shall coordinate with the Office consistent with the 
     goals described in paragraph (2); and
       (B) the Office, with respect to Federal broadband support 
     programs, and the Commission, with respect to the Universal 
     Service Fund high-cost programs, shall coordinate with each 
     other consistent with the goals described in paragraph (2).
       (2) Goals.--The goals of any coordination conducted 
     pursuant to this subsection are the following:
       (A) Serving the largest number of unserved locations in the 
     United States and ensuring all residents of the United States 
     have access to high-speed broadband.
       (B) Promoting the most job and economic growth for all 
     residents of the United States.
       (3) Broadband availability maps.--The Office and the 
     Commission shall consult the broadband availability maps 
     produced by the Commission when coordinating under paragraph 
     (1).
       (g) Definitions.--In this Act:
       (1) Agency.--The term ``agency'' has the meaning given that 
     term in section 551 of title 5, United States Code.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (3) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (4) Federal broadband support program.--The term ``Federal 
     broadband support program'' does not include any Universal 
     Service Fund Program and means any of the following programs 
     (or any other similar Federal program) to the extent the 
     program offers broadband internet service, support for 
     broadband deployment, or programs for promoting broadband 
     access and adoption for various demographic communities 
     through various media for residential, commercial, community 
     providers, or academic establishments:
       (A) The Telecommunications and Technology Program of the 
     Appalachian Regional Commission.
       (B) The Telecommunications Infrastructure Loan and Loan 
     Guarantee Program established under the Rural Electrification 
     Act of 1936, the rural broadband access program established 
     under title VI of that Act (7 U.S.C. 950bb et seq.), the 
     initiative under section 306F of that Act (7 U.S.C. 936f), 
     the Community Connect Grant Program established under section 
     604 of that Act (7 U.S.C. 950bb-3), the broadband loan and 
     grant pilot program authorized under section 779 of division 
     A of the Consolidated Appropriations Act, 2018 (Public Law 
     115-141; 132 Stat. 399) (commonly known as the ``Rural 
     eConnectivity Pilot Program'' or the ``ReConnect Program''), 
     and the Distance Learning and Telemedicine Program under 
     chapter 1 of subtitle D of title XXIII of the Food, 
     Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 
     950aaa et seq.).
       (C) Community facility direct and guaranteed loans under 
     section 306(a) of the Consolidated Farm and Rural Development 
     Act (7 U.S.C. 1926(a)), community facility grants under 
     paragraph (19), (20), or (21) of section 306(a) of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 
     1926(a)), and the Rural Community Development Initiative 
     authorized under the heading ``Rural Housing Service--Rural 
     Community Facilities Program Account'' under title III of 
     division B of the Further Consolidated Appropriations Act, 
     2020 (Public Law 116-94; 133 Stat. 2629).
       (D) The Public Works and Economic Adjustment Assistance 
     Programs and the Planning and Local Technical Assistance 
     Programs of the Economic Development Administration of the 
     Department of Commerce.
       (E) The Community Development Block Grants and Section 108 
     Loan Guarantees Programs, the Funds for Public Housing 
     Authorities: Capital Fund and Operating Fund, the Multifamily 
     Housing Programs, the Indian Community Development Block 
     Grant Program, the Indian Housing Block Grant Program, the 
     Title VI Loan Guarantee Program, the Choice Neighborhoods 
     Program, the HOME Investment Partnerships Program, the 
     Housing Trust Fund, and the Housing Opportunities for Persons 
     with AIDS Program of the Department of Housing and Urban 
     Development.
       (F) The American Job Centers of the Employment and Training 
     Administration of the Department of Labor.
       (G) The Library Services and Technology Grant Programs of 
     the Institute of Museum and Library Services.
       (5) Office.--The term ``Office'' means the Office of 
     Internet Connectivity and Growth established pursuant to 
     subsection (b).
       (6) Universal service fund high-cost programs.--The term 
     ``Universal Service Fund high-cost programs'' means--
       (A) the program for Universal Service Support for High-Cost 
     Areas set forth under subpart D of part 54 of title 47, Code 
     of Federal Regulations, or any successor thereto;
       (B) the Rural Digital Opportunity Fund set forth under 
     subpart J of part 54 of title 47, Code

[[Page H7856]]

     of Federal Regulations, or any successor thereto;
       (C) the Interstate Common Line Support Mechanism for Rate-
     of-Return Carriers set forth under subpart K of part 54 of 
     title 47, Code of Federal Regulations, or any successor 
     thereto;
       (D) the Mobility Fund and 5G Fund set forth under subpart L 
     of part 54 of title 47, Code of Federal Regulations, or any 
     successor thereto; and
       (E) the High Cost Loop Support for Rate-of-Return Carriers 
     program set forth under subpart M of part 54 of title 47, 
     Code of Federal Regulations, or any successor thereto.
       (7) Universal service fund program.--The term ``Universal 
     Service Fund Program'' means any program authorized under 
     section 254 of the Communications Act of 1934 (47 U.S.C. 254) 
     to help deploy broadband.
       (8) Universal service mechanism.--The term ``universal 
     service mechanism'' means any funding stream provided by a 
     Universal Service Fund Program to support broadband access.
       (h) Rule of Construction.--Nothing in this Act is intended 
     to alter or amend any provision of section 254 of the 
     Communications Act of 1934 (47 U.S.C. 254).

     SEC. 904. INTERAGENCY AGREEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Broadband Interagency Coordination Act of 2020''.
       (b) Interagency Agreement.--
       (1) Definitions.--In this Act--
       (A) the term ``covered agency'' means--
       (i) the Federal Communications Commission;
       (ii) the Department of Agriculture; and
       (iii) the National Telecommunications and Information 
     Administration; and
       (B) the term ``high-cost programs'' means--
       (i) the program for Universal Service Support for High-Cost 
     Areas set forth under subpart D of part 54 of title 47, Code 
     of Federal Regulations, or any successor thereto;
       (ii) the Rural Digital Opportunity Fund set forth under 
     subpart J of part 54 of title 47, Code of Federal 
     Regulations, or any successor thereto;
       (iii) the Interstate Common Line Support Mechanism for 
     Rate-of-Return Carriers set forth under subpart K of part 54 
     of title 47, Code of Federal Regulations, or any successor 
     thereto;
       (iv) the Mobility Fund and 5G Fund set forth under subpart 
     L of part 54 of title 47, Code of Federal Regulations, or any 
     successor thereto; and
       (v) the High Cost Loop Support for Rate-of-Return Carriers 
     program set forth under subpart M of part 54 of title 47, 
     Code of Federal Regulations, or any successor thereto.
       (2) Interagency agreement.--Not later than 180 days after 
     the date of enactment of this Act, the heads of the covered 
     agencies shall enter into an interagency agreement requiring 
     coordination between the covered agencies for the 
     distribution of funds for broadband deployment under--
       (A) the high-cost programs;
       (B) the programs administered by the Rural Utilities 
     Service of the Department of Agriculture and the Department 
     of Agriculture; and
       (C) the programs administered by or coordinated through the 
     National Telecommunications and Information Administration.
       (3) Requirements.--In entering into an interagency 
     agreement with respect to the programs described in paragraph 
     (2), the heads of the covered agencies shall--
       (A) require that the covered agencies share information 
     with each other about existing or planned projects that have 
     received or will receive funds under the programs described 
     in paragraph (2) for new broadband deployment;
       (B) provide that--
       (i) subject to clause (ii), upon request from another 
     covered agency with authority to award or authorize any funds 
     for new broadband deployment in a project area, a covered 
     agency shall provide the other covered agency with any 
     information the covered agency possesses regarding, with 
     respect to the project area--

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

       (ii) if a covered agency designates any information 
     provided to another covered agency under clause (i) as 
     confidential, the other covered agency shall protect the 
     confidentiality of that information;
       (C) consider basing the distribution of funds for broadband 
     deployment under the programs described in paragraph (2) on 
     standardized data regarding broadband coverage; and
       (D) provide that the interagency agreement shall be updated 
     periodically, except that the scope of the agreement with 
     respect to the Federal Communications Commission may not 
     expand beyond the high-cost programs.
       (4) Assessment of agreement.--
       (A) Public comment.--Not later than 1 year after entering 
     into the interagency agreement required under paragraph (2), 
     the Federal Communications Commission shall seek public 
     comment on--
       (i) the effectiveness of the interagency agreement in 
     facilitating efficient use of funds for broadband deployment;
       (ii) the availability of Tribal, State, and local data 
     regarding broadband deployment and the inclusion of that data 
     in interagency coordination; and
       (iii) modifications to the interagency agreement that would 
     improve the efficacy of interagency coordination.
       (B) Assessment; report.--Not later than 18 months after the 
     date of enactment of this Act, the Federal Communications 
     Commission shall--
       (i) review and assess the comments received under 
     subparagraph (A); and
       (ii) submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives a report detailing 
     any findings and recommendations from the assessment 
     conducted under clause (i).

     SEC. 905. REALLOCATION AND AUCTION OF 3450-3550 MHZ SPECTRUM 
                   BAND.

       (a) Short Title.--This section may be cited as the ``Beat 
     China by Harnessing Important, National Airwaves for 5G Act 
     of 2020'' or the ``Beat CHINA for 5G Act of 2020''.
       (b) Definitions.--In this Act--
       (1) the term ``Commission'' means the Federal 
     Communications Commission; and
       (2) the term ``covered band'' means the band of 
     electromagnetic spectrum between the frequencies of 3450 
     megahertz and 3550 megahertz, inclusive.
       (c) Withdrawal or Modification of Federal Government 
     Assignments.--The President, acting through the Assistant 
     Secretary of Commerce for Communications and Information, 
     shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, in coordination with relevant Federal users, begin 
     the process of withdrawing or modifying the assignments to 
     Federal Government stations of the covered band as necessary 
     for the Commission to comply with subsection (d); and
       (2) not later than 30 days after completing any necessary 
     withdrawal or modification under paragraph (1), notify the 
     Commission that the withdrawal or modification is complete.
       (d) Reallocation and Auction.--
       (1) In general.--The Commission shall--
       (A) revise the non-Federal allocation for the covered band 
     to permit flexible-use services; and
       (B) notwithstanding paragraph (15)(A) of section 309(j) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)), not later 
     than December 31, 2021, begin a system of competitive bidding 
     under that section to grant new initial licenses for the use 
     of a portion or all of the covered band, subject to flexible-
     use service rules.
       (2) Exemption from notification requirement.--The first 
     sentence of section 113(g)(4)(A) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)(4)(A)) shall not apply 
     with respect to the system of competitive bidding required 
     under paragraph (1)(B) of this subsection.
       (3) Proceeds to cover 110 percent of federal relocation or 
     sharing costs.--Nothing in paragraph (1) shall be construed 
     to relieve the Commission from the requirements of section 
     309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 
     309(j)(16)(B)).

                       TITLE X--BANKRUPTCY RELIEF

     SEC. 1001. BANKRUPTCY RELIEF.

       (a) Property of the Estate.--
       (1) In general.--Section 541(b) of title 11, United States 
     Code, is amended--
       (A) in paragraph (9), in the matter following subparagraph 
     (B), by striking ``or'';
       (B) in paragraph (10)(C), by striking the period at the end 
     and inserting ``; or''; and
       (C) by inserting after paragraph (10) the following:
       ``(11) recovery rebates made under section 6428 of the 
     Internal Revenue Code of 1986.''.
       (2) Sunset.--Effective on the date that is 1 year after the 
     date of enactment of this Act, section 541(b) of title 11, 
     United States Code, is amended--
       (A) in paragraph (9), in the matter following subparagraph 
     (B), by adding ``or'' at the end;
       (B) in paragraph (10)(C), by striking ``; or'' and 
     inserting a period; and
       (C) by striking paragraph (11).
       (b) Discharge.--
       (1) In general.--Section 1328 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(i) Subject to subsection (d), after notice and a 
     hearing, the court may grant a discharge of debts 
     dischargeable under subsection (a) to a debtor who has not 
     completed payments to the trustee or a creditor holding a 
     security interest in the principal residence of the debtor 
     if--
       ``(1) the debtor defaults on not more than 3 monthly 
     payments due on a residential mortgage under section 
     1322(b)(5) on or after March 13, 2020, to the trustee or 
     creditor caused by a material financial hardship due, 
     directly or indirectly, by the coronavirus disease 2019 
     (COVID-19) pandemic; or
       ``(2)(A) the plan provides for the curing of a default and 
     maintenance of payments on a residential mortgage under 
     section 1322(b)(5); and
       ``(B) the debtor has entered into a forbearance agreement 
     or loan modification agreement with the holder or servicer 
     (as defined in section 6(i) of the Real Estate Settlement 
     Procedures Act of 1974 (12 U.S.C. 2605(i)) of the mortgage 
     described in subparagraph (A).''.
       (2) Sunset.--Effective on the date that is 1 year after the 
     date of enactment of this Act, section 1328 of title 11, 
     United States Code, is amended by striking subsection (i).
       (c) Protection Against Discriminatory Treatment.--
       (1) In general.--Section 525 of title 11, United States 
     Code, is amended by adding at the end the following:
       ``(d) A person may not be denied relief under sections 4022 
     through 4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) 
     because the person is or has been a debtor under this 
     title.''.
       (2) Sunset.--Effective on the date that is 1 year after the 
     date of enactment of this Act, section 525 of title 11, 
     United States Code, is amended by striking subsection (d).
       (d) CARES Forbearance Claims.--
       (1) Filing of proofs of claims or interests.--Section 501 
     of title 11, United States

[[Page H7857]]

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

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

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

[[Page H7858]]

       (B) by inserting ``or subparagraphs (A) through (E) and (G) 
     of subsection (a)(8)'' after ``(a)(9)''; and
       (C) inserting ``or subparagraph'' after ``such 
     subsection''.
       (2) Sunset.--Effective on the date that is 1 year after the 
     date of enactment of this Act, section 507(d) of title 11, 
     United States Code, is amended--
       (A) by inserting ``, (a)(8)'' before ``, or (a)(9)'';
       (B) by striking ``or subparagraphs (A) through (E) and (G) 
     of subsection (a)(8)''; and
       (C) by striking ``or subparagraph'' after ``such 
     subsection''.

               TITLE XI--WESTERN WATER AND INDIAN AFFAIRS

     SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.

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

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

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

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

       ``(ii) an analysis of--

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

       ``(iii) an analysis of alternative non-Federal funding 
     options;
       ``(D) describes the allocation of funds from deposits into 
     the Account under paragraph (3)(B); and
       ``(E) describes the balance of funds in the Account as of 
     the date of the report.
       ``(6) Alternative allocation.--
       ``(A) In general.--Appropriations Acts may provide for 
     alternate allocation of amounts reported pursuant to 
     paragraph (5)(D) that are made available under this 
     subsection.
       ``(B) Allocation by secretary.--
       ``(i) No alternate allocations.--If Congress has not 
     enacted legislation establishing alternate allocations by the 
     date on which the Act making full-year appropriations for 
     energy and water development and related agencies for the 
     applicable fiscal year is enacted into law, amounts made 
     available under paragraph (1) shall be allocated by the 
     Secretary.
       ``(ii) Insufficient alternate allocations.--If Congress 
     enacts legislation establishing alternate allocations for 
     amounts made available under paragraph (1) that are less than 
     the full amount appropriated under that paragraph, the 
     difference between the amount appropriated and the alternate 
     allocation shall be allocated by the Secretary.
       ``(7) Effect of subsection.--Nothing in this subsection 
     affects--
       ``(A) any funding provided, or contracts entered into, 
     under subsection (a) before the date of enactment of this 
     subsection; or
       ``(B) the use of funds otherwise made available to the 
     Secretary to carry out subsection (a).''.

     SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.

       (a) Purposes.--The purposes of this section are--
       (1) to achieve a fair, equitable, and final settlement of 
     all claims to water rights in the State of Utah for--
       (A) the Navajo Nation; and
       (B) the United States, for the benefit of the Nation;
       (2) to authorize, ratify, and confirm the agreement entered 
     into by the Nation and the State, to the extent that the 
     agreement is consistent with this section;
       (3) to authorize and direct the Secretary--
       (A) to execute the agreement; and
       (B) to take any actions necessary to carry out the 
     agreement in accordance with this section; and
       (4) to authorize funds necessary for the implementation of 
     the agreement and this section.
       (b) Definitions.--In this section:
       (1) Agreement.--The term ``agreement'' means--
       (A) the document entitled ``Navajo Utah Water Rights 
     Settlement Agreement'' dated December 14, 2015, and the 
     exhibits attached thereto; and
       (B) any amendment or exhibit to the document or exhibits 
     referenced in subparagraph (A) to make the document or 
     exhibits consistent with this section.
       (2) Allotment.--The term ``allotment'' means a parcel of 
     land--
       (A) granted out of the public domain that is--
       (i) located within the exterior boundaries of the 
     Reservation; or
       (ii) Bureau of Indian Affairs parcel number 792 634511 in 
     San Juan County, Utah, consisting of 160 acres located in 
     Township 41S, Range 20E, sections 11, 12, and 14, originally 
     set aside by the United States for the benefit of an 
     individual identified in the allotting document as a Navajo 
     Indian; and
       (B) held in trust by the United States--
       (i) for the benefit of an individual, individuals, or an 
     Indian Tribe other than the Navajo Nation; or
       (ii) in part for the benefit of the Navajo Nation as of the 
     enforceability date.
       (3) Allottee.--The term ``allottee'' means an individual or 
     Indian Tribe with a beneficial interest in an allotment held 
     in trust by the United States.
       (4) Enforceability date.--The term ``enforceability date'' 
     means the date on which the Secretary publishes in the 
     Federal Register the statement of findings described in 
     subsection (g)(1).
       (5) General stream adjudication.--The term ``general stream 
     adjudication'' means the adjudication pending, as of the date 
     of enactment of this Act, in the Seventh Judicial District in 
     and for Grand County, State of Utah, commonly known as the 
     ``Southeastern Colorado River General Adjudication'', Civil 
     No. 810704477, conducted pursuant to State law.
       (6) Injury to water rights.--The term ``injury to water 
     rights'' means an interference with, diminution of, or 
     deprivation of water rights under Federal or State law, 
     excluding injuries to water quality.
       (7) Member.--The term ``member'' means any person who is a 
     duly enrolled member of the Navajo Nation.

[[Page H7859]]

       (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
     ``Nation'' means a body politic and federally recognized 
     Indian nation, as published on the list established under 
     section 104(a) of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 5131(a)), also known variously as the 
     ``Navajo Nation'', the ``Navajo Nation of Arizona, New 
     Mexico, & Utah'', and the ``Navajo Nation of Indians'' and 
     other similar names, and includes all bands of Navajo Indians 
     and chapters of the Navajo Nation and all divisions, 
     agencies, officers, and agents thereof.
       (9) Navajo water development projects.--The term ``Navajo 
     water development projects'' means projects for domestic 
     municipal water supply, including distribution 
     infrastructure, and agricultural water conservation, to be 
     constructed, in whole or in part, using monies from the 
     Navajo Water Development Projects Account.
       (10) Navajo water rights.--The term ``Navajo water rights'' 
     means the Nation's water rights in Utah described in the 
     agreement and this section.
       (11) OM&R.--The term ``OM&R'' means operation, maintenance, 
     and replacement.
       (12) Parties.--The term ``parties'' means the Navajo 
     Nation, the State, and the United States.
       (13) Reservation.--The term ``Reservation'' means, for 
     purposes of the agreement and this section, the Reservation 
     of the Navajo Nation in Utah as in existence on the date of 
     enactment of this Act and depicted on the map attached to the 
     agreement as Exhibit A, including any parcel of land granted 
     out of the public domain and held in trust by the United 
     States entirely for the benefit of the Navajo Nation as of 
     the enforceability date.
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior or a duly authorized representative thereof.
       (15) State.--The term ``State'' means the State of Utah and 
     all officers, agents, departments, and political subdivisions 
     thereof.
       (16) United states.--The term ``United States'' means the 
     United States of America and all departments, agencies, 
     bureaus, officers, and agents thereof.
       (17) United states acting in its trust capacity.--The term 
     ``United States acting in its trust capacity'' means the 
     United States acting for the benefit of the Navajo Nation or 
     for the benefit of allottees.
       (c) Ratification of Agreement.--
       (1) Approval by congress.--Except to the extent that any 
     provision of the agreement conflicts with this section, 
     Congress approves, ratifies, and confirms the agreement 
     (including any amendments to the agreement that are executed 
     to make the agreement consistent with this section).
       (2) Execution by secretary.--The Secretary is authorized 
     and directed to promptly execute the agreement to the extent 
     that the agreement does not conflict with this section, 
     including--
       (A) any exhibits to the agreement requiring the signature 
     of the Secretary; and
       (B) any amendments to the agreement necessary to make the 
     agreement consistent with this section.
       (3) Environmental compliance.--
       (A) In general.--In implementing the agreement and this 
     section, the Secretary shall comply with all applicable 
     provisions of--
       (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (ii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (iii) all other applicable environmental laws and 
     regulations.
       (B) Execution of the agreement.--Execution of the agreement 
     by the Secretary as provided for in this section shall not 
     constitute a major Federal action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       (d) Navajo Water Rights.--
       (1) Confirmation of navajo water rights.--
       (A) Quantification.--The Navajo Nation shall have the right 
     to use water from water sources located within Utah and 
     adjacent to or encompassed within the boundaries of the 
     Reservation resulting in depletions not to exceed 81,500 
     acre-feet annually as described in the agreement and as 
     confirmed in the decree entered by the general stream 
     adjudication court.
       (B) Satisfaction of allottee rights.--Depletions resulting 
     from the use of water on an allotment shall be accounted for 
     as a depletion by the Navajo Nation for purposes of depletion 
     accounting under the agreement, including recognition of--
       (i) any water use existing on an allotment as of the date 
     of enactment of this Act and as subsequently reflected in the 
     hydrographic survey report referenced in subsection (f)(2);
       (ii) reasonable domestic and stock water uses put into use 
     on an allotment; and
       (iii) any allotment water rights that may be decreed in the 
     general stream adjudication or other appropriate forum.
       (C) Satisfaction of on-reservation state law-based water 
     rights.--Depletions resulting from the use of water on the 
     Reservation pursuant to State law-based water rights existing 
     as of the date of enactment of this Act shall be accounted 
     for as depletions by the Navajo Nation for purposes of 
     depletion accounting under the agreement.
       (D) In general.--The Navajo water rights are ratified, 
     confirmed, and declared to be valid.
       (E) Use.--Any use of the Navajo water rights shall be 
     subject to the terms and conditions of the agreement and this 
     section.
       (F) Conflict.--In the event of a conflict between the 
     agreement and this section, the provisions of this section 
     shall control.
       (2) Trust status of navajo water rights.--The Navajo water 
     rights--
       (A) shall be held in trust by the United States for the use 
     and benefit of the Nation in accordance with the agreement 
     and this section; and
       (B) shall not be subject to forfeiture or abandonment.
       (3) Authority of the nation.--
       (A) In general.--The Nation shall have the authority to 
     allocate, distribute, and lease the Navajo water rights for 
     any use on the Reservation in accordance with the agreement, 
     this section, and applicable Tribal and Federal law.
       (B) Off-reservation use.--The Nation may allocate, 
     distribute, and lease the Navajo water rights for off-
     Reservation use in accordance with the agreement, subject to 
     the approval of the Secretary.
       (C) Allottee water rights.--The Nation shall not object in 
     the general stream adjudication or other applicable forum to 
     the quantification of reasonable domestic and stock water 
     uses on an allotment, and shall administer any water use on 
     the Reservation in accordance with applicable Federal law, 
     including recognition of--
       (i) any water use existing on an allotment as of the date 
     of enactment of this Act and as subsequently reflected in the 
     hydrographic survey report referenced in subsection (f)(2);
       (ii) reasonable domestic and stock water uses on an 
     allotment; and
       (iii) any allotment water rights decreed in the general 
     stream adjudication or other appropriate forum.
       (4) Effect.--Except as otherwise expressly provided in this 
     subsection, nothing in this section--
       (A) authorizes any action by the Nation against the United 
     States under Federal, State, Tribal, or local law; or
       (B) alters or affects the status of any action brought 
     pursuant to section 1491(a) of title 28, United States Code.
       (e) Navajo Trust Accounts.--
       (1) Establishment.--The Secretary shall establish a trust 
     fund, to be known as the ``Navajo Utah Settlement Trust 
     Fund'' (referred to in this section as the ``Trust Fund''), 
     to be managed, invested, and distributed by the Secretary and 
     to remain available until expended, consisting of the amounts 
     deposited in the Trust Fund under paragraph (3), together 
     with any interest earned on those amounts, for the purpose of 
     carrying out this section.
       (2) Accounts.--The Secretary shall establish in the Trust 
     Fund the following Accounts (referred to in this subsection 
     as the ``Trust Fund Accounts''):
       (A) The Navajo Water Development Projects Account.
       (B) The Navajo OM&R Account.
       (3) Deposits.--The Secretary shall deposit in the Trust 
     Fund Accounts--
       (A) in the Navajo Water Development Projects Account, the 
     amounts made available pursuant to subsection (f)(1)(A); and
       (B) in the Navajo OM&R Account, the amount made available 
     pursuant to subsection (f)(1)(B).
       (4) Management and interest.--
       (A) Management.--Upon receipt and deposit of the funds into 
     the Trust Fund Accounts, the Secretary shall manage, invest, 
     and distribute all amounts in the Trust Fund in a manner that 
     is consistent with the investment authority of the Secretary 
     under--
       (i) the first section of the Act of June 24, 1938 (25 
     U.S.C. 162a);
       (ii) the American Indian Trust Fund Management Reform Act 
     of 1994 (25 U.S.C. 4001 et seq.); and
       (iii) this subsection.
       (B) Investment earnings.--In addition to the deposits under 
     paragraph (3), any investment earnings, including interest, 
     credited to amounts held in the Trust Fund are authorized to 
     be appropriated to be used in accordance with the uses 
     described in paragraph (8).
       (5) Availability of amounts.--Amounts appropriated to, and 
     deposited in, the Trust Fund, including any investment 
     earnings, shall be made available to the Nation by the 
     Secretary beginning on the enforceability date and subject to 
     the uses and restrictions set forth in this subsection.
       (6) Withdrawals.--
       (A) Withdrawals under the american indian trust fund 
     management reform act of 1994.--The Nation may withdraw any 
     portion of the funds in the Trust Fund on approval by the 
     Secretary of a tribal management plan submitted by the Nation 
     in accordance with the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001 et seq.).
       (i) Requirements.--In addition to the requirements under 
     the American Indian Trust Fund Management Reform Act of 1994 
     (25 U.S.C. 4001 et seq.), the tribal management plan under 
     this subparagraph shall require that the Nation shall spend 
     all amounts withdrawn from the Trust Fund and any investment 
     earnings accrued through the investments under the Tribal 
     management plan in accordance with this section.
       (ii) Enforcement.--The Secretary may carry out such 
     judicial and administrative actions as the Secretary 
     determines to be necessary to enforce the Tribal management 
     plan to ensure that amounts withdrawn by the Nation from the 
     Trust Fund under this subparagraph are used in accordance 
     with this section.
       (B) Withdrawals under expenditure plan.--The Nation may 
     submit to the Secretary a request to withdraw funds from the 
     Trust Fund pursuant to an approved expenditure plan.
       (i) Requirements.--To be eligible to withdraw funds under 
     an expenditure plan under this subparagraph, the Nation shall 
     submit to the Secretary for approval an expenditure plan for 
     any portion of the Trust Fund that the Nation elects to 
     withdraw pursuant to this subparagraph, subject to the 
     condition that the funds shall be used for the purposes 
     described in this section.
       (ii) Inclusions.--An expenditure plan under this 
     subparagraph shall include a description of

[[Page H7860]]

     the manner and purpose for which the amounts proposed to be 
     withdrawn from the Trust Fund will be used by the Nation, in 
     accordance with paragraphs (3) and (8).
       (iii) Approval.--On receipt of an expenditure plan under 
     this subparagraph, the Secretary shall approve the plan, if 
     the Secretary determines that the plan--

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

       (iv) Enforcement.--The Secretary may carry out such 
     judicial and administrative actions as the Secretary 
     determines to be necessary to enforce an expenditure plan to 
     ensure that amounts disbursed under this subparagraph are 
     used in accordance with this section.
       (7) Effect of title.--Nothing in this section gives the 
     Nation the right to judicial review of a determination of the 
     Secretary regarding whether to approve a Tribal management 
     plan or an expenditure plan except under subchapter II of 
     chapter 5, and chapter 7, of title 5, United States Code 
     (commonly known as the ``Administrative Procedure Act'').
       (8) Uses.--Amounts from the Trust Fund shall be used by the 
     Nation for the following purposes:
       (A) The Navajo Water Development Projects Account shall be 
     used to plan, design, and construct the Navajo water 
     development projects and for the conduct of related 
     activities, including to comply with Federal environmental 
     laws.
       (B) The Navajo OM&R Account shall be used for the 
     operation, maintenance, and replacement of the Navajo water 
     development projects.
       (9) Liability.--The Secretary and the Secretary of the 
     Treasury shall not be liable for the expenditure or 
     investment of any amounts withdrawn from the Trust Fund by 
     the Nation under paragraph (6).
       (10) No per capita distributions.--No portion of the Trust 
     Fund shall be distributed on a per capita basis to any member 
     of the Nation.
       (11) Expenditure reports.--The Navajo Nation shall submit 
     to the Secretary annually an expenditure report describing 
     accomplishments and amounts spent from use of withdrawals 
     under a Tribal management plan or an expenditure plan as 
     described in this section.
       (f) Authorization of Appropriations.--
       (1) Authorization.--There are authorized to be appropriated 
     to the Secretary--
       (A) for deposit in the Navajo Water Development Projects 
     Account of the Trust Fund established under subsection 
     (e)(2)(A), $198,300,000, which funds shall be retained until 
     expended, withdrawn, or reverted to the general fund of the 
     Treasury; and
       (B) for deposit in the Navajo OM&R Account of the Trust 
     Fund established under subsection (e)(2)(B), $11,100,000, 
     which funds shall be retained until expended, withdrawn, or 
     reverted to the general fund of the Treasury.
       (2) Implementation costs.--There is authorized to be 
     appropriated non-trust funds in the amount of $1,000,000 to 
     assist the United States with costs associated with the 
     implementation of this section, including the preparation of 
     a hydrographic survey of historic and existing water uses on 
     the Reservation and on allotments.
       (3) State cost share.--The State shall contribute 
     $8,000,000 payable to the Secretary for deposit into the 
     Navajo Water Development Projects Account of the Trust Fund 
     established under subsection (e)(2)(A) in installments in 
     each of the 3 years following the execution of the agreement 
     by the Secretary as provided for in subsection (c)(2).
       (4) Fluctuation in costs.--The amount authorized to be 
     appropriated under paragraph (1) shall be increased or 
     decreased, as appropriate, by such amounts as may be 
     justified by reason of ordinary fluctuations in costs 
     occurring after the date of enactment of this Act as 
     indicated by the Bureau of Reclamation Construction Cost 
     Index--Composite Trend.
       (A) Repetition.--The adjustment process under this 
     paragraph shall be repeated for each subsequent amount 
     appropriated until the amount authorized, as adjusted, has 
     been appropriated.
       (B) Period of indexing.--The period of indexing adjustment 
     for any increment of funding shall end on the date on which 
     funds are deposited into the Trust Fund.
       (g) Conditions Precedent.--
       (1) In general.--The waivers and releases contained in 
     subsection (h) shall become effective as of the date the 
     Secretary causes to be published in the Federal Register a 
     statement of findings that--
       (A) to the extent that the agreement conflicts with this 
     section, the agreement has been revised to conform with this 
     section;
       (B) the agreement, so revised, including waivers and 
     releases of claims set forth in subsection (h), has been 
     executed by the parties, including the United States;
       (C) Congress has fully appropriated, or the Secretary has 
     provided from other authorized sources, all funds authorized 
     under subsection (f)(1);
       (D) the State has enacted any necessary legislation and 
     provided the funding required under the agreement and 
     subsection (f)(3); and
       (E) the court has entered a final or interlocutory decree 
     that--
       (i) confirms the Navajo water rights consistent with the 
     agreement and this section; and
       (ii) with respect to the Navajo water rights, is final and 
     nonappealable.
       (2) Expiration date.--If all the conditions precedent 
     described in paragraph (1) have not been fulfilled to allow 
     the Secretary's statement of findings to be published in the 
     Federal Register by October 31, 2030--
       (A) the agreement and this section, including waivers and 
     releases of claims described in those documents, shall no 
     longer be effective;
       (B) any funds that have been appropriated pursuant to 
     subsection (f) but not expended, including any investment 
     earnings on funds that have been appropriated pursuant to 
     such subsection, shall immediately revert to the general fund 
     of the Treasury; and
       (C) any funds contributed by the State pursuant to 
     subsection (f)(3) but not expended shall be returned 
     immediately to the State.
       (3) Extension.--The expiration date set forth in paragraph 
     (2) may be extended if the Navajo Nation, the State, and the 
     United States (acting through the Secretary) agree that an 
     extension is reasonably necessary.
       (h) Waivers and Releases.--
       (1) In general.--
       (A) Waiver and release of claims by the nation and the 
     united states acting in its capacity as trustee for the 
     nation.--Subject to the retention of rights set forth in 
     paragraph (3), in return for confirmation of the Navajo water 
     rights and other benefits set forth in the agreement and this 
     section, the Nation, on behalf of itself and the members of 
     the Nation (other than members in their capacity as 
     allottees), and the United States, acting as trustee for the 
     Nation and members of the Nation (other than members in their 
     capacity as allottees), are authorized and directed to 
     execute a waiver and release of--
       (i) all claims for water rights within Utah based on any 
     and all legal theories that the Navajo Nation or the United 
     States acting in its trust capacity for the Nation, asserted, 
     or could have asserted, at any time in any proceeding, 
     including to the general stream adjudication, up to and 
     including the enforceability date, except to the extent that 
     such rights are recognized in the agreement and this section; 
     and
       (ii) all claims for damages, losses, or injuries to water 
     rights or claims of interference with, diversion, or taking 
     of water rights (including claims for injury to lands 
     resulting from such damages, losses, injuries, interference 
     with, diversion, or taking of water rights) within Utah 
     against the State, or any person, entity, corporation, or 
     municipality, that accrued at any time up to and including 
     the enforceability date.
       (2) Claims by the navajo nation against the united 
     states.--The Navajo Nation, on behalf of itself (including in 
     its capacity as allottee) and its members (other than members 
     in their capacity as allottees), shall execute a waiver and 
     release of--
       (A) all claims the Navajo Nation may have against the 
     United States relating in any manner to claims for water 
     rights in, or water of, Utah that the United States acting in 
     its trust capacity for the Nation asserted, or could have 
     asserted, in any proceeding, including the general stream 
     adjudication;
       (B) all claims the Navajo Nation may have against the 
     United States relating in any manner to damages, losses, or 
     injuries to water, water rights, land, or other resources due 
     to loss of water or water rights (including damages, losses, 
     or injuries to hunting, fishing, gathering, or cultural 
     rights due to loss of water or water rights; claims relating 
     to interference with, diversion, or taking of water; or 
     claims relating to failure to protect, acquire, replace, or 
     develop water or water rights) within Utah that first accrued 
     at any time up to and including the enforceability date;
       (C) all claims the Nation may have against the United 
     States relating in any manner to the litigation of claims 
     relating to the Nation's water rights in proceedings in Utah; 
     and
       (D) all claims the Nation may have against the United 
     States relating in any manner to the negotiation, execution, 
     or adoption of the agreement or this section.
       (3) Reservation of rights and retention of claims by the 
     navajo nation and the united states.--Notwithstanding the 
     waivers and releases authorized in this section, the Navajo 
     Nation, and the United States acting in its trust capacity 
     for the Nation, retain--
       (A) all claims for injuries to and the enforcement of the 
     agreement and the final or interlocutory decree entered in 
     the general stream adjudication, through such legal and 
     equitable remedies as may be available in the decree court or 
     the Federal District Court for the District of Utah;
       (B) all rights to use and protect water rights acquired 
     after the enforceability date;
       (C) all claims relating to activities affecting the quality 
     of water, including any claims under the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601 et seq.) (including claims for damages 
     to natural resources), the Safe Drinking Water Act (42 U.S.C. 
     300f et seq.), and the Federal Water Pollution Control Act 
     (33 U.S.C. 1251 et seq.), the regulations implementing those 
     Acts, and the common law;
       (D) all claims for water rights, and claims for injury to 
     water rights, in States other than the State of Utah;
       (E) all claims, including environmental claims, under any 
     laws (including regulations and common law) relating to human 
     health, safety, or the environment; and
       (F) all rights, remedies, privileges, immunities, and 
     powers not specifically waived and released pursuant to the 
     agreement and this section.
       (4) Effect.--Nothing in the agreement or this section--
       (A) affects the ability of the United States acting in its 
     sovereign capacity to take actions authorized by law, 
     including any laws relating to health, safety, or the 
     environment, including the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et 
     seq.), the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 
     et seq.), and the regulations implementing those laws;

[[Page H7861]]

       (B) affects the ability of the United States to take 
     actions in its capacity as trustee for any other Indian Tribe 
     or allottee;
       (C) confers jurisdiction on any State court to--
       (i) interpret Federal law regarding health, safety, or the 
     environment or determine the duties of the United States or 
     other parties pursuant to such Federal law; and
       (ii) conduct judicial review of Federal agency action; or
       (D) modifies, conflicts with, preempts, or otherwise 
     affects--
       (i) the Boulder Canyon Project Act (43 U.S.C. 617 et seq.);
       (ii) the Boulder Canyon Project Adjustment Act (43 U.S.C. 
     618 et seq.);
       (iii) the Act of April 11, 1956 (commonly known as the 
     ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
     seq.);
       (iv) the Colorado River Basin Project Act (43 U.S.C. 1501 
     et seq.);
       (v) the Treaty between the United States of America and 
     Mexico respecting utilization of waters of the Colorado and 
     Tijuana Rivers and of the Rio Grande, signed at Washington 
     February 3, 1944 (59 Stat. 1219);
       (vi) the Colorado River Compact of 1922, as approved by the 
     Presidential Proclamation of June 25, 1929 (46 Stat. 3000); 
     and
       (vii) the Upper Colorado River Basin Compact as consented 
     to by the Act of April 6, 1949 (63 Stat. 31, chapter 48).
       (5) Tolling of claims.--
       (A) In general.--Each applicable period of limitation and 
     time-based equitable defense relating to a claim waived by 
     the Navajo Nation described in this subsection shall be 
     tolled for the period beginning on the date of enactment of 
     this Act and ending on the enforceability date.
       (B) Effect of paragraph.--Nothing in this paragraph revives 
     any claim or tolls any period of limitation or time-based 
     equitable defense that expired before the date of enactment 
     of this Act.
       (C) Limitation.--Nothing in this subsection precludes the 
     tolling of any period of limitations or any time-based 
     equitable defense under any other applicable law.
       (i) Miscellaneous Provisions.--
       (1) Precedent.--Nothing in this section establishes any 
     standard for the quantification or litigation of Federal 
     reserved water rights or any other Indian water claims of any 
     other Indian Tribe in any other judicial or administrative 
     proceeding.
       (2) Other indian tribes.--Nothing in the agreement or this 
     section shall be construed in any way to quantify or 
     otherwise adversely affect the water rights, claims, or 
     entitlements to water of any Indian Tribe, band, or 
     community, other than the Navajo Nation.
       (j) Relation to Allottees.--
       (1) No effect on claims of allottees.--Nothing in this 
     section or the agreement shall affect the rights or claims of 
     allottees, or the United States, acting in its capacity as 
     trustee for or on behalf of allottees, for water rights or 
     damages related to lands allotted by the United States to 
     allottees, except as provided in subsection (d)(1)(B).
       (2) Relationship of decree to allottees.--Allottees, or the 
     United States, acting in its capacity as trustee for 
     allottees, are not bound by any decree entered in the general 
     stream adjudication confirming the Navajo water rights and 
     shall not be precluded from making claims to water rights in 
     the general stream adjudication. Allottees, or the United 
     States, acting in its capacity as trustee for allottees, may 
     make claims and such claims may be adjudicated as individual 
     water rights in the general stream adjudication.
       (k) Antideficiency.--The United States shall not be liable 
     for any failure to carry out any obligation or activity 
     authorized by this section (including any obligation or 
     activity under the agreement) if adequate appropriations are 
     not provided expressly by Congress to carry out the purposes 
     of this section.

     SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.

       (a) Definition of 611(g) Agreement.--Section 602 of the 
     Aamodt Litigation Settlement Act (Public Law 111-291; 124 
     Stat. 3134) is amended--
       (1) by redesignating paragraphs (1) through (23) as 
     paragraphs (2) through (24), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) 611(g) agreement.--The term `611(g) Agreement' means 
     the agreement dated September 17, 2019, executed by the 
     United States, the State, the Pueblos, the County, and the 
     City pursuant to section 611(g).''.
       (b) Final Project Design.--Section 611(b) of the Aamodt 
     Litigation Settlement Act (Public Law 111-291; 124 Stat. 
     3137) is amended, in the matter preceding paragraph (1), by 
     striking ``within 90 days of'' and inserting ``as soon as 
     feasible after''.
       (c) Construction Costs for Pueblo Water Facilities.--
     Section 611(f) of the Aamodt Litigation Settlement Act 
     (Public Law 111-291; 124 Stat. 3138) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (A), by striking `` $106,400,000'' and 
     inserting `` $243,400,000''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exception.--Of the amount described in subparagraph 
     (A)--
       ``(i) the initial $106,400,000 shall be increased or 
     decreased, as appropriate, based on ordinary fluctuations in 
     construction costs since October 1, 2006, as determined using 
     applicable engineering cost indices; and
       ``(ii) any amounts made available in excess of the amount 
     described in clause (i) shall be increased or decreased, as 
     appropriate, based on ordinary fluctuations in construction 
     costs since October 1, 2018, as determined using applicable 
     engineering cost indices.''; and
       (2) in paragraph (3), by inserting ``and the 611(g) 
     Agreement'' after ``the Cost-Sharing and System Integration 
     Agreement''.
       (d) Funding for Regional Water System.--Section 
     617(a)(1)(B) of the Aamodt Litigation Settlement Act (Public 
     Law 111-291; 124 Stat. 3147) is amended--
       (1) by striking the period at the end and inserting ``; 
     and'';
       (2) by striking ``section 616 $50,000,000'' and inserting 
     the following: ``section 616--
       ``(i) $50,000,000''; and
       (3) by adding at the end the following:
       ``(ii) subject to the availability of appropriations and in 
     addition to the amounts made available under clause (i), 
     $137,000,000, as adjusted under paragraph (4), for the period 
     of fiscal years 2021 through 2028.''.
       (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation 
     Settlement Act (Public Law 111-291; 124 Stat. 3147) is 
     amended by striking ``since October 1, 2006, as determined 
     using applicable engineering cost indices'' and inserting 
     ``pursuant to section 611(f)(1)(B)''.
       (f) Execution of Agreement Under Section 611(g).--Section 
     621 of the Aamodt Litigation Settlement Act (Public Law 111-
     291; 124 Stat. 3149) is amended by striking subsections (a) 
     and (b) and inserting the following:
       ``(a) Approval.--To the extent the Settlement Agreement, 
     the Cost-Sharing and System Integration Agreement, and the 
     611(g) Agreement do not conflict with this title, the 
     Settlement Agreement, the Cost-Sharing and System Integration 
     Agreement, and the 611(g) Agreement (including any amendments 
     to the Settlement Agreement, the Cost-Sharing and System 
     Integration Agreement, and the 611(g) Agreement that are 
     executed to make the Settlement Agreement, the Cost-Sharing 
     and System Integration Agreement, or the 611(g) Agreement 
     consistent with this title) are authorized, ratified, and 
     confirmed.
       ``(b) Execution.--To the extent the Settlement Agreement, 
     the Cost-Sharing and System Integration Agreement, and the 
     611(g) Agreement do not conflict with this title, the 
     Secretary shall execute the Settlement Agreement, the Cost-
     Sharing and System Integration Agreement, and the 611(g) 
     Agreement (including any amendments that are necessary to 
     make the Settlement Agreement, the Cost-Sharing and System 
     Integration Agreement, or the 611(g) Agreement consistent 
     with this title).''.
       (g) Requirements for Determination of Substantial 
     Completion of the Regional Water System.--Section 623(e) of 
     the Aamodt Litigation Settlement Act (Public Law 111-291; 124 
     Stat. 3151) is amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) Criteria for substantial completion of regional water 
     system.--Subject to the provisions of section 611(d) 
     concerning the extent, size, and capacity of the County 
     Distribution System, the Regional Water System shall be 
     determined to be substantially completed if--
       ``(A) the infrastructure has been constructed capable of--
       ``(i) diverting, treating, transmitting, and distributing a 
     supply of 2,500 acre-feet of water to the Pueblos consistent 
     with the Engineering Report (as amended by the 611(g) 
     Agreement and the Operating Agreement); and
       ``(ii) diverting, treating, and transmitting the quantity 
     of water specified in the Engineering Report to the County 
     Distribution System and consistent with the Engineering 
     Report (as amended by the 611(g) Agreement and the Operating 
     Agreement); or
       ``(B) the Secretary--
       ``(i) issues a notice to proceed authorizing the 
     commencement of Phase I construction of the Regional Water 
     System by December 31, 2019, and subsequently commences 
     construction of the Regional Water System;
       ``(ii) diligently proceeds to construct the Regional Water 
     System in accordance with the Engineering Report (as amended 
     by the 611(g) Agreement), on a schedule for completion by 
     June 30, 2028;
       ``(iii) expends all of the available funding provided to 
     construct the Regional Water System under section 
     611(f)(1)(A), in the Cost-Sharing and System Integration 
     Agreement, and in the 611(g) Agreement;
       ``(iv) complies with the terms of the 611(g) Agreement; and
       ``(v) despite diligent efforts cannot complete construction 
     of the Regional Water System as described in the final 
     Engineering Report (as amended by the 611(g) Agreement), due 
     solely to the lack of additional authorized funding.'';
       (2) in paragraph (2)--
       (A) by striking ``2021'' and inserting ``2025''; and
       (B) by striking ``2024'' and inserting ``2028'';
       (3) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``2021'' and inserting ``2025'';
       (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and 
     inserting ``2027''; and
       (5) in paragraph (5)(A), by striking ``2024'' and inserting 
     ``2028''.

     SEC. 1104. KICKAPOO TRIBE.

       (a) Definition of Upper Delaware and Tributaries Watershed 
     Plan.--In this section, the term ``Upper Delaware and 
     Tributaries Watershed Plan'' means the plan described in the 
     document entitled ``Watershed Plan and Environmental Impact 
     Statement Upper Delaware and Tributaries Watershed Atchison, 
     Brown, Jackson, and Nemaha Counties, Kansas'', dated January 
     1994, and supplemented in June 1994--
       (1) developed, pursuant to the Watershed Protection and 
     Flood Prevention Act (16 U.S.C. 1001 et seq.)--
       (A) by the Kickapoo Tribe, certain watershed and 
     conservation districts in the State of Kansas, and the 
     Department of Wildlife and Parks of the State of Kansas; and

[[Page H7862]]

       (B) with the cooperation and technical assistance of the 
     Natural Resources Conservation Service; and
       (2) described in the report of the Committee on Environment 
     and Public Works of the Senate (Senate Report 105-13; April 
     22, 1997).
       (b) Study; Recommendations.--To support the purposes of 
     achieving a fair, equitable, and final settlement of claims 
     to water rights for the Kickapoo Tribe in the State of 
     Kansas, the Secretary of Agriculture (acting through the 
     Chief of the Natural Resources Conservation Service), in 
     consultation with the Secretary of the Interior (acting 
     through the Director of the Secretary's Indian Water Rights 
     Office), shall--
       (1) commence a study of the multipurpose dam described in 
     the Upper Delaware and Tributaries Watershed Plan; and
       (2) not later than 2 years after the date of enactment of 
     this Act, make recommendations to Congress with respect to 
     the material alterations or changes to the Upper Delaware and 
     Tributaries Watershed Plan that are necessary to effectuate, 
     in part, the Tribal water rights agreed to by the Kickapoo 
     Tribe and the State of Kansas on September 9, 2016, in the 
     Kickapoo Tribe Water Rights Settlement Agreement, which 
     otherwise remains subject to approval and authorization by 
     Congress.

     SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.

       (a) Short Title.--This section may be cited as the 
     ``Aquifer Recharge Flexibility Act''.
       (b) Definitions.--In this Act:
       (1) Bureau.--The term ``Bureau'' means the Bureau of 
     Reclamation.
       (2) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Reclamation.
       (3) Eligible land.--The term ``eligible land'', with 
     respect to a Reclamation project, means land that--
       (A) is authorized to receive water under State law; and
       (B) shares an aquifer with land located in the service area 
     of the Reclamation project.
       (4) Net water storage benefit.--The term ``net water 
     storage benefit'' means an increase in the volume of water 
     that is--
       (A) stored in 1 or more aquifers; and
       (B)(i) available for use within the authorized service area 
     of a Reclamation project; or
       (ii) stored on a long-term basis to avoid or reduce 
     groundwater overdraft.
       (5) Reclamation facility.--The term ``Reclamation 
     facility'' means each of the infrastructure assets that are 
     owned by the Bureau at a Reclamation project.
       (6) Reclamation project.--The term ``Reclamation project'' 
     means any reclamation or irrigation project, including 
     incidental features thereof, authorized by Federal 
     reclamation law or the Act of August 11, 1939 (commonly known 
     as the ``Water Conservation and Utilization Act'') (53 Stat. 
     1418, chapter 717; 16 U.S.C. 590y et seq.), or constructed by 
     the United States pursuant to such law, or in connection with 
     which there is a repayment or water service contract executed 
     by the United States pursuant to such law, or any project 
     constructed by the Secretary through the Bureau for the 
     reclamation of land.
       (c) Flexibility to Allow Greater Aquifer Recharge in 
     Western States.--
       (1) Use of reclamation facilities.--
       (A) In general.--The Commissioner may allow the use of 
     excess capacity in Reclamation facilities for aquifer 
     recharge of non-Reclamation project water, subject to 
     applicable rates, charges, and public participation 
     requirements, on the condition that--
       (i) the use--

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

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

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

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

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

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

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

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

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

       (3) Conveyance for aquifer recharge purposes.--The holder 
     of a right-of-way, easement, permit, or other authorization 
     to transport water across public land administered by the 
     Bureau of Land Management may transport water for aquifer 
     recharge purposes without requiring additional authorization 
     from the Secretary where the use does not expand or modify 
     the operation of the right-of-way, easement, permit, or other 
     authorization across public land.
       (4) Effect.--Nothing in this Act creates, impairs, alters, 
     or supersedes a Federal or State water right.
       (5) Exemption.--This Act shall not apply to the State of 
     California.
       (6) Advisory group.--The Secretary may participate in any 
     State-led collaborative, multi-stakeholder advisory group 
     created in any watershed the purpose of which is to monitor, 
     review, and assess aquifer recharge activities.

     SEC. 1106. WATERSMART EXTENSION AND EXPANSION.

       (a) Definition of Eligible Applicant.--Section 9502 of the 
     Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362) 
     is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``section'' and inserting ``subtitle'';
       (2) by striking paragraph (7) and inserting the following:
       ``(7) Eligible applicant.--The term `eligible applicant' 
     means--
       ``(A) any State, Indian tribe, irrigation district, or 
     water district;
       ``(B) any State, regional, or local authority, the members 
     of which include 1 or more organizations with water or power 
     delivery authority;
       ``(C) any other organization with water or power delivery 
     authority; and
       ``(D) any nonprofit conservation organization, if--
       ``(i) the nonprofit conservation organization is acting in 
     partnership with and with the agreement of an entity 
     described in subparagraph (A), (B), or (C); or
       ``(ii) in the case of an application for a project to 
     improve the condition of a natural feature or nature-based 
     feature on Federal land, the entities described in 
     subparagraph (A), (B), or (C) from the applicable service 
     area have been notified of the project application and there 
     is no written objection to the project.'';
       (3) in paragraph (10), by striking ``450b'' and inserting 
     ``5304'';
       (4) by redesignating paragraphs (13) through (17) as 
     paragraphs (15) through (19), respectively; and
       (5) by inserting after paragraph (12) the following:
       ``(13) Natural feature.--The term `natural feature' means a 
     feature that is created through the action of physical, 
     geological, biological, and chemical processes over time.
       ``(14) Nature-based feature.--The term `nature-based 
     feature' means a feature that is created by human design, 
     engineering, and construction to provide a means to reduce 
     water supply and demand imbalances or drought or flood risk 
     by acting in concert with natural processes.''.
       (b) Grants and Cooperative Agreements.--Section 9504(a) of 
     the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
     10364(a)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``or carrying out any activity'' after ``any improvement'';
       (B) by redesignating subparagraphs (F), (G), and (H) as 
     subparagraphs (G), (H), and (J), respectively;
       (C) by inserting after subparagraph (E) the following:
       ``(F) to assist States and water users in complying with 
     interstate compacts or reducing basin water supply-demand 
     imbalances;'';
       (D) in subparagraph (G) (as so redesignated), by striking 
     ``to prevent'' and inserting ``to achieve the prevention 
     of'';
       (E) in subparagraph (H) (as so redesignated)--
       (i) by striking ``to accelerate'' and inserting ``to 
     achieve the acceleration of''; and
       (ii) by striking ``or'' at the end;
       (F) by inserting after subparagraph (H) (as so 
     redesignated) the following:
       ``(I) to improve the condition of a natural feature; or''; 
     and
       (G) in subparagraph (J) (as so redesignated)--
       (i) in clause (i), by striking ``or'' at the end;
       (ii) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(iii) to plan for or address the impacts of drought.'';
       (2) in paragraph (2)--
       (A) in subparagraph (A)--

[[Page H7863]]

       (i) in clause (ii), by striking ``or'';
       (ii) in clause (iii), by striking ``and'' and inserting 
     ``or''; and
       (iii) by adding at the end the following:
       ``(iv) the Commonwealth of Puerto Rico; and''; and
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) submit to the Secretary an application that 
     includes--
       ``(i) a proposal of the improvement or activity to be 
     planned, designed, constructed, or implemented by the 
     eligible applicant; and
       ``(ii) for a project that is intended to have a 
     quantifiable water savings and would receive a grant of 
     $500,000 or more--

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

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

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

       ``(aa) the infrastructure improvement or activity was 
     developed as part of a collaborative process by--
       ``(AA) a watershed group (as defined in section 6001); or
       ``(BB) a water user and 1 or more stakeholders with diverse 
     interests; and
       ``(bb) the majority of the benefits of the infrastructure 
     improvement or activity, as determined by the Secretary, are 
     for the purpose of advancing 1 or more components of an 
     established strategy or plan to increase the reliability of 
     water supply for consumptive and nonconsumptive ecological 
     values.''; and
       (4) by adding at the end the following:
       ``(4) Priority.--In providing grants to, and entering into 
     agreements for, projects intended to have a quantifiable 
     water savings under this subsection, the Secretary shall give 
     priority to projects that enhance drought resilience by 
     benefitting the water supply and ecosystem.''.
       (c) Research Agreements.--Section 9504(b)(1) of the Omnibus 
     Public Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is 
     amended--
       (1) in the matter preceding subparagraph (A), by striking 
     ``or organization with water or power delivery authority'' 
     and inserting ``or eligible applicant'';
       (2) in subparagraph (B), by striking ``or'' at the end;
       (3) by redesignating subparagraph (C) as subparagraph (D); 
     and
       (4) by inserting after subparagraph (B) the following:
       ``(C) to restore a natural feature or use a nature-based 
     feature to reduce water supply and demand imbalances or the 
     risk of drought or flood; or''.
       (d) Authorization of Appropriations.--Section 9504(e) of 
     the Omnibus Public Land Management Act of 2009 (42 U.S.C. 
     10364(e)) is amended by striking `` $530,000,000'' and 
     inserting `` $700,000,000, subject to the condition that 
     $50,000,000 of that amount shall be used to carry out section 
     206 of the Energy and Water Development and Related Agencies 
     Appropriations Act, 2015 (43 U.S.C. 620 note; Public Law 113-
     235)''.
       (e) Conforming Amendment.--Section 4009(d) of Public Law 
     114-322 (42 U.S.C. 10364 note) is amended by striking ``on 
     the condition that of that amount, $50,000,000 of it is used 
     to carry out section 206 of the Energy and Water Development 
     and Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 
     note; Public Law 113-235)''.

     SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.

       (a) Definitions.--Section 6001 of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1015) is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7), respectively;
       (2) by inserting after paragraph (1) the following:
       ``(2) Disadvantaged community.--The term `disadvantaged 
     community' means a community (including a city, town, county, 
     or reasonably isolated and divisible segment of a larger 
     municipality) with an annual median household income that is 
     less than 100 percent of the statewide annual median 
     household income for the State in which the community is 
     located, according to the most recent decennial census.'';
       (3) in paragraph (6)(B)(i) (as so redesignated)--
       (A) in subclause (VIII), by striking ``and'' at the end;
       (B) in subclause (IX), by adding ``and'' after the 
     semicolon at the end; and
       (C) by adding at the end the following:
       ``(X) disadvantaged communities;''; and
       (4) in paragraph (7)(C) (as so redesignated), by inserting 
     ``, including benefits to fisheries, wildlife, or habitat'' 
     after ``river or stream''.
       (b) Application.--Section 6002 of the Omnibus Public Lands 
     Management Act (16 U.S.C. 1015a) is amended--
       (1) by striking subsection (b) and inserting the following:
       ``(b) Establishment of Application Process; Criteria.--Not 
     later than September 30, 2021, the Secretary shall update--
       ``(1) the application process for the program; and
       ``(2) in consultation with the States, the prioritization 
     and eligibility criteria for considering applications 
     submitted in accordance with the application process.''; and
       (2) in subsection (g), by striking ``2020'' and inserting 
     ``2026''.

     SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION 
                   PROJECT, COLORADO.

       Section 9105(b) of the Omnibus Public Land Management Act 
     of 2009 (Public Law 111-11; 123 Stat. 1303) is amended--
       (1) in paragraph (1)--
       (A) by striking ``requirement'' and inserting ``and cost-
     sharing requirements''; and
       (B) by inserting ``, which shall be not more than 65 
     percent of that total cost'' before the period at the end;
       (2) in paragraph (3)--
       (A) in the paragraph heading, by striking ``requirement'' 
     and inserting ``and cost-sharing requirements'';
       (B) in subparagraph (A), in the matter preceding clause 
     (i), by striking ``The Secretary shall recover from the 
     District as reimbursable expenses'' and inserting ``Subject 
     to subparagraph (C), the District shall be liable under this 
     subsection for an amount equal to'';
       (C) in subparagraph (B), in the matter preceding clause 
     (i), by striking ``Secretary shall recover reimbursable 
     expenses'' and inserting ``District shall pay the Project 
     costs for which the District is liable''; and
       (D) by striking subparagraph (C) and inserting the 
     following:
       ``(C) Credit.--In determining the exact amount for which 
     the District is liable under this paragraph, the Secretary 
     shall--
       ``(i) review and approve all final costs associated with 
     the completion of the Project; and
       ``(ii) credit the district for all amounts paid by the 
     District for engineering work and improvements directly 
     associated with the Project, whether before, on, or after the 
     date of enactment of this Act.''; and
       (3) in paragraph (7), by striking `` $8,250,000.'' and 
     inserting the following: ``the lesser of--
       ``(A) not more than 65 percent of the total cost of 
     carrying out the Project; and
       ``(B) $5,350,000.''.

     SEC. 1109. AQUATIC ECOSYSTEM RESTORATION.

       (a) Definition of Eligible Entity.--In this section, the 
     term ``eligible entity'' means--
       (1) any State, Indian Tribe, irrigation district, or water 
     district;
       (2) any State, regional, or local authority, the members of 
     which include 1 or more organizations with water or power 
     delivery authority;
       (3) any other entity or organization that owns a facility 
     that is eligible for upgrade, modification or removal under 
     this section;
       (4) any nonprofit conservation organization, acting in 
     partnership with any entity listed in paragraphs (1) through 
     (3), with respect to a project involving land or 
     infrastructure owned by the entity; and
       (5) an agency established under State law for the joint 
     exercise of powers or a combination of entities described in 
     paragraphs (1) through (4).
       (b) General Authority.--
       (1) In general.--Subject to the requirements of this 
     section and paragraph (2), on request of any eligible entity 
     the Secretary may negotiate and enter into an agreement on 
     behalf of the United States to fund the design, study, and 
     construction of an aquatic ecosystem restoration and 
     protection project in a Reclamation State if the Secretary 
     determines that the project is likely to improve the health 
     of fisheries, wildlife or aquatic habitat, including through 
     habitat restoration and improved fish passage via the removal 
     or bypass of barriers to fish passage.
       (2) Exception.--With respect to an aquatic ecosystem 
     restoration and protection project under this section that 
     removes a dam or modifies a dam in a manner that reduces 
     storage or diversion capacity, the Secretary may only 
     negotiate and enter into an agreement to fund--
       (A) the design or study of such project if the Secretary 
     has received consent from the owner of the applicable dam; or
       (B) the construction of such project if the Secretary--
       (i) identifies any eligible entity that receives water or 
     power from the facility that is under consideration for 
     removal or modification at the time of the request;
       (ii) notifies each eligible entity identified in clause (i) 
     that the dam removal or modification project has been 
     requested; and
       (iii) does not receive, by the date that is 120 days after 
     the date on which all eligible entities have been notified 
     under clause (ii), written objection from 1 or more eligible 
     entities that collectively receive \1/3\ or more of the water 
     or power delivered from the facility that is under 
     consideration for removal or modification at the time of the 
     request.
       (c) Requirements.--
       (1) In general.--The Secretary shall accept and consider 
     public comment prior to initiating design, study or 
     development of a project under this section.
       (2) Preconditions.--Construction of a project under this 
     section shall be a voluntary project initiated only after--
       (A) an eligible entity has entered into an agreement with 
     the Secretary to pay no less than 35 percent of the costs of 
     project construction;
       (B) an eligible entity has entered an agreement to pay 100 
     percent of any operation, maintenance, and replacement and 
     rehabilitation costs with respect to the project;
       (C) the Secretary determines the proposed project--

[[Page H7864]]

       (i) will not result in an unmitigated adverse impact on 
     fulfillment of existing water delivery obligations consistent 
     with historical operations and applicable contracts;
       (ii) will not result in an unmitigated adverse effect on 
     the environment;
       (iii) is consistent with the responsibilities of the 
     Secretary--

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

       (iv) is in the financial interest of the United States 
     based on a determination that the project advances Federal 
     objectives including environmental enhancement objectives in 
     a Reclamation State; and
       (v) complies with all applicable Federal and State law, 
     including environmental laws; and
       (D) the Secretary has complied with all applicable 
     environmental laws, including--
       (i) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.);
       (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.); and
       (iii) subtitle III of title 54, United States Code.
       (d) Funding.--There is authorized to be appropriated to 
     carry out this section $15,000,000 for each of fiscal years 
     2022 through 2026, to remain available until expended.
       (e) Effects.--
       (1) In general.--Nothing in this section supersedes or 
     limits any existing authority provided, or responsibility 
     conferred, by any provision of law.
       (2) Effect on state water law.--Nothing in this section 
     preempts or affects any--
       (A) State water law; or
       (B) interstate compact governing water.
       (f) Compliance Required.--The Secretary shall comply with 
     applicable State water laws in carrying out this section.
       (g) Priority for Projects Providing Regional Benefits and 
     Assistance for Aging Assets.--When funding projects under 
     this section, the Secretary shall prioritize projects that--
       (1) are jointly developed and supported by a diverse array 
     of stakeholders including representatives of irrigated 
     agricultural production, hydroelectric production, potable 
     water purveyors and industrial water users, Indian Tribes, 
     commercial fishing interests, and nonprofit conservation 
     organizations;
       (2) affect water resources management in 2 or more river 
     basins while providing regional benefits not limited to 
     fisheries restoration;
       (3) are a component of a broader strategy or plan to 
     replace aging facilities with 1 or more alternate facilities 
     providing similar benefits; and
       (4) contribute to the restoration of anadromous fish 
     species listed under the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.).

     SEC. 1110. CLEAN WATER FOR RURAL COMMUNITIES.

       (a) Short Title.--This section may be cited as the ``Clean 
     Water for Rural Communities Act''.
       (b) Purpose.--The purpose of this Act is to ensure a safe 
     and adequate municipal, rural, and industrial water supply 
     for the citizens of--
       (1) Dawson, Garfield, McCone, Prairie, Richland, Judith 
     Basin, Wheatland, Golden Valley, Fergus, Yellowstone, and 
     Musselshell Counties in the State of Montana; and
       (2) McKenzie County, North Dakota.
       (c) Definitions.--In this Act:
       (1) Authority.--The term ``Authority'' means--
       (A) the Central Montana Regional Water Authority, a 
     publicly owned nonprofit water authority formed in accordance 
     with Mont. Code Ann. Sec. 75-6-302 (2007); and
       (B) any nonprofit successor entity to the Authority 
     described in subparagraph (A).
       (2) Musselshell-judith rural water system.--The term 
     ``Musselshell-Judith Rural Water System'' means the 
     Musselshell-Judith Rural Water System authorized under 
     subsection (d)(1), with a project service area that 
     includes--
       (A) Judith Basin, Wheatland, Golden Valley, and Musselshell 
     Counties in the State;
       (B) the portion of Yellowstone County in the State within 2 
     miles of State Highway 3 and within 4 miles of the county 
     line between Golden Valley and Yellowstone Counties in the 
     State, inclusive of the Town of Broadview, Montana; and
       (C) the portion of Fergus County in the State within 2 
     miles of U.S. Highway 87 and within 4 miles of the county 
     line between Fergus and Judith Basin Counties in the State, 
     inclusive of the Town of Moore, Montana.
       (3) State.--The term ``State'' means the State of Montana.
       (d) Musselshell-Judith Rural Water System.--
       (1) Authorization.--The Secretary may carry out the 
     planning, design, and construction of the Musselshell-Judith 
     Rural Water System in a manner that is substantially in 
     accordance with the feasibility report entitled 
     ``Musselshell-Judith Rural Water System Feasibility Report'' 
     (including any and all revisions of the report).
       (2) Cooperative agreement.--The Secretary shall enter into 
     a cooperative agreement with the Authority to provide Federal 
     assistance for the planning, design, and construction of the 
     Musselshell-Judith Rural Water System.
       (3) Cost-sharing requirement.--
       (A) Federal share.--
       (i) In general.--The Federal share of the costs relating to 
     the planning, design, and construction of the Musselshell-
     Judith Rural Water System shall not exceed 65 percent of the 
     total cost of the Musselshell-Judith Rural Water System.
       (ii) Limitation.--Amounts made available under clause (i) 
     shall not be returnable or reimbursable under the reclamation 
     laws.
       (B) Use of federal funds.--
       (i) General uses.--Subject to clause (ii), the Musselshell-
     Judith Rural Water System may use Federal funds made 
     available to carry out this subsection for--

       (I) facilities relating to--

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

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

       (ii) Limitation.--Federal funds made available to carry out 
     this subsection shall not be used for the operation, 
     maintenance, or replacement of the Musselshell-Judith Rural 
     Water System.
       (iii) Title.--Title to the Musselshell-Judith Rural Water 
     System shall be held by the Authority.
       (e) Dry-Redwater Feasibility Study.--
       (1) Definitions.--In this subsection:
       (A) Dry-redwater regional water authority.--The term ``Dry-
     Redwater Regional Water Authority'' means--
       (i) the Dry-Redwater Regional Water Authority, a publicly 
     owned nonprofit water authority formed in accordance with 
     Mont. Code Ann. Sec. 75-6-302 (2007); and
       (ii) any nonprofit successor entity to the Authority 
     described in clause (i).
       (B) Dry-redwater regional water authority system.--The term 
     ``Dry-Redwater Regional Water Authority System'' means the 
     project entitled the ``Dry-Redwater Regional Water Authority 
     System'', with a project service area that includes--
       (i) Garfield and McCone Counties in the State;
       (ii) the area west of the Yellowstone River in Dawson and 
     Richland Counties in the State;
       (iii) T. 15 N. (including the area north of the Township) 
     in Prairie County in the State; and
       (iv) the portion of McKenzie County, North Dakota, that 
     includes all land that is located west of the Yellowstone 
     River in the State of North Dakota.
       (C) Reclamation feasibility standards.--The term 
     ``reclamation feasibility standards'' means the eligibility 
     criteria and feasibility study requirements described in 
     section 106 of the Reclamation Rural Water Supply Act of 2006 
     (43 U.S.C. 2405) (as in effect on September 29, 2016).
       (D) Submitted feasibility study.--The term ``submitted 
     feasibility study'' means the feasibility study entitled 
     ``Dry-Redwater Regional Water System Feasibility Study'' 
     (including revisions of the study), which received funding 
     from the Bureau of Reclamation on September 1, 2010.
       (2) Study.--
       (A) In general.--The Secretary, in consultation with the 
     Dry-Redwater Regional Water Authority, may undertake a study, 
     including a review of the submitted feasibility study, to 
     determine the feasibility of constructing the Dry-Redwater 
     Regional Water System.
       (B) Requirement.--The study under subparagraph (A) shall 
     comply with the reclamation feasibility standards.
       (3) Cooperative agreement.--If the Secretary determines 
     that the study under paragraph (2) does not comply with the 
     reclamation feasibility standards, the Secretary may enter 
     into a cooperative agreement with the Dry-Redwater Regional 
     Water Authority to complete additional work to ensure that 
     the study complies with the reclamation feasibility 
     standards.
       (4) Authorization of appropriations.--There is authorized 
     to be appropriated to the Secretary $5,000,000 to carry out 
     this subsection.
       (5) Termination.--The authority provided by this subsection 
     shall expire on the date that is 5 years after the date of 
     enactment of this Act.
       (f) Water Rights.--Nothing in this Act--
       (1) preempts or affects any State water law; or
       (2) affects any authority of a State, as in effect on the 
     date of enactment of this Act, to manage water resources 
     within that State.
       (g) Authorization of Appropriations.--
       (1) Authorization.--There is authorized to be appropriated 
     to carry out the planning, design, and construction of the 
     Musselshell-Judith Rural Water System, substantially in 
     accordance with the cost estimate set forth in the 
     feasibility report described in subsection (d)(1), 
     $56,650,000.
       (2) Cost indexing.--The amount authorized to be 
     appropriated under paragraph (1) may be increased or 
     decreased in accordance with ordinary fluctuations in 
     development costs incurred after November 1, 2014, as 
     indicated by any available engineering cost indices 
     applicable to construction activities that are similar to the 
     construction of the Musselshell-Judith Rural Water System.

     SEC. 1111. SNOW WATER SUPPLY FORECASTING.

       (a) Short Title.--This section may be cited as the ``Snow 
     Water Supply Forecasting Program Authorization Act''.
       (b) Definition of Program.--In this Act, the term 
     ``program'' means the Snow Water Supply Forecasting Program 
     established by subsection (c).

[[Page H7865]]

       (c) Snow Water Supply Forecasting Program.--
       (1) Program establishment.--The Snow Water Supply 
     Forecasting Program is hereby established within the 
     Department of the Interior.
       (2) Program implementation.--To implement the program, the 
     Secretary shall--
       (A) develop the program framework in coordination with 
     other Federal agencies pursuant to subsection (d), 
     culminating in the report required under subsection (d)(3); 
     and
       (B) after submitting the report required by subsection 
     (d)(3), implement activities to improve snowpack measurement 
     in particular watersheds pursuant to subsection (e).
       (d) Development of Program Framework in Coordination With 
     Other Federal Agencies.--
       (1) Snowpack measurement data.--When determining water 
     supply forecasts or allocations to Federal water contractors, 
     the Secretary, acting through the Commissioner of the Bureau 
     of Reclamation, shall incorporate, to the greatest extent 
     practicable, information from emerging technologies for 
     snowpack measurement, such as--
       (A) synthetic aperture radar;
       (B) laser altimetry; and
       (C) other emerging technologies that the Secretary 
     determines are likely to provide more accurate or timely 
     snowpack measurement data.
       (2) Coordination.--In carrying out paragraph (1), the 
     Secretary shall coordinate data use and collection efforts 
     with other Federal agencies that use or may benefit from the 
     use of emerging technologies for snowpack measurement.
       (3) Emerging technologies report.--Not later than October 
     1, 2021, the Secretary shall submit to Congress a report 
     that--
       (A) summarizes the use of emerging technologies pursuant to 
     this Act;
       (B) describes benefits derived from the use of technologies 
     summarized under subparagraph (A) related to the environment 
     and increased water supply reliability; and
       (C) describes how Federal agencies will coordinate to 
     implement emerging technologies.
       (e) Program Implementation.--
       (1) Activities implementing framework.--After submitting 
     the report required under subsection (d)(3), the Secretary 
     shall participate with program partners in implementing 
     activities to improve snowpack measurement in particular 
     watersheds.
       (2) Focus.--The program shall focus on activities that will 
     maintain, establish, expand, or advance snowpack measurement 
     consistent with the report required by subsection (d)(3), 
     with an emphasis on--
       (A) enhancing activities in river basins to achieve 
     improved snow and water supply forecasting results;
       (B) activities in river basins where snow water supply 
     forecasting related activities described in this Act are not 
     occurring on the date of the enactment of this Act; and
       (C) demonstrating or testing new, or improving existing, 
     snow and water supply forecasting technology.
       (3) Information sharing.--The Secretary may provide 
     information collected and analyzed under this Act to program 
     partners through appropriate mechanisms, including 
     interagency agreements with Federal agencies, States, State 
     agencies, or a combination thereof, leases, contracts, 
     cooperative agreements, grants, loans, and memoranda of 
     understanding.
       (4) Program partners.--Program partners with whom the 
     Secretary enters into cooperative agreements pursuant to 
     paragraph (5) may include water districts, irrigation 
     districts, water associations, universities, State agencies, 
     other Federal agencies, private sector entities, non-
     governmental organizations, and other entities, as determined 
     by the Secretary.
       (5) Cooperative agreements.--The Secretary may--
       (A) enter into cooperative agreements with program partners 
     to allow the program to be administered efficiently and cost 
     effectively through cost-sharing or by providing additional 
     in-kind resources necessary for program implementation; and
       (B) provide nonreimbursable matching funding for 
     programmatic and operational activities under this Act in 
     consultation with program partners.
       (6) Environmental laws.--Nothing in this Act shall modify 
     any obligation of the Secretary to comply with applicable 
     Federal and State environmental laws in carrying out this 
     Act.
       (f) Program Implementation Report.--Not later than 4 years 
     after the date of the enactment of this Act, the Secretary 
     shall submit a report to the Committee on Natural Resources 
     and the Committee on Appropriations of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources and the Committee on Appropriations of the Senate, 
     that includes--
       (1) a list of basins and sub-basins for which snowpack 
     measurement technologies are being used under the program, 
     including a description of each technology used; and
       (2) a list of Federal agencies and program partners 
     participating in each basin or sub-basin listed in paragraph 
     (1).
       (g) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this Act 
     $15,000,000, in the aggregate, for fiscal years 2022 through 
     2026.

     SEC. 1112. WATER TECHNOLOGY INVESTMENT.

       The Water Desalination Act of 1996 (Public Law 104-298; 42 
     U.S.C. 10301 note) is amended--
       (1) in section 4(a)(1), by inserting ``, including modules 
     specifically designed for brine management'' after ``and 
     concepts''; and
       (2) in section 8(b)--
       (A) by striking ``3,000,000'' and inserting ``20,000,000''; 
     and
       (B) by striking ``2017 through 2021'' and inserting ``2022 
     through 2026, in addition to the authorization of 
     appropriations for projects in section 4(a)(2)(F)''.

     SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.

       Section 405 of the Indian Health Care Improvement Act (25 
     U.S.C. 1645) is amended--
       (1) in subsection (a)(1), by inserting ``urban Indian 
     organizations,'' before ``and tribal organizations''; and
       (2) in subsection (c)--
       (A) by inserting ``urban Indian organization,'' before ``or 
     tribal organization''; and
       (B) by inserting ``an urban Indian organization,'' before 
     ``or a tribal organization''.

     SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT 
                   ACT.

       Section 409 of the Indian Health Care Improvement Act (25 
     U.S.C. 1647b) is amended by striking ``(25 U.S.C. 450 et 
     seq.)'' and inserting ``(25 U.S.C. 5301 et seq.) or the 
     Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et 
     seq.)''.

     SEC. 1115. DEFINITIONS.

       In this title:
       (1) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 5304).
       (2) Reclamation state.--The term ``Reclamation State'' 
     means a State or territory described in the first section of 
     the Act of June 17, 1902 (32 Stat. 388, chapter 1093; 43 
     U.S.C. 391).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

              TITLE XII--HORSERACING INTEGRITY AND SAFETY

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``Horseracing Integrity and 
     Safety Act of 2020''.

     SEC. 1202. DEFINITIONS.

       In this Act the following definitions apply:
       (1) Authority.--The term ``Authority'' means the 
     Horseracing Integrity and Safety Authority designated by 
     section 1203(a).
       (2) Breeder.--The term ``breeder'' means a person who is in 
     the business of breeding covered horses.
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Covered horse.--The term ``covered horse'' means any 
     Thoroughbred horse, or any other horse made subject to this 
     Act by election of the applicable State racing commission or 
     the breed governing organization for such horse under section 
     1205(k), during the period--
       (A) beginning on the date of the horse's first timed and 
     reported workout at a racetrack that participates in covered 
     horseraces or at a training facility; and
       (B) ending on the date on which the Authority receives 
     written notice that the horse has been retired.
       (5) Covered horserace.--The term ``covered horserace'' 
     means any horserace involving covered horses that has a 
     substantial relation to interstate commerce, including any 
     Thoroughbred horserace that is the subject of interstate off-
     track or advance deposit wagers.
       (6) Covered persons.--The term ``covered persons'' means 
     all trainers, owners, breeders, jockeys, racetracks, 
     veterinarians, persons (legal and natural) licensed by a 
     State racing commission and the agents, assigns, and 
     employees of such persons and other horse support personnel 
     who are engaged in the care, training, or racing of covered 
     horses.
       (7) Equine constituencies.--The term ``equine 
     constituencies'' means, collectively, owners, breeders, 
     trainers, racetracks, veterinarians, State racing 
     commissions, and jockeys who are engaged in the care, 
     training, or racing of covered horses.
       (8) Equine industry representative.--The term ``equine 
     industry representative'' means an organization regularly and 
     significantly engaged in the equine industry, including 
     organizations that represent the interests of, and whose 
     membership consists of, owners, breeders, trainers, 
     racetracks, veterinarians, State racing commissions, and 
     jockeys.
       (9) Horseracing anti-doping and medication control 
     program.--The term ``horseracing anti-doping and medication 
     control program'' means the anti-doping and medication 
     program established under section 1206(a).
       (10) Immediate family member.--The term ``immediate family 
     member'' shall include a spouse, domestic partner, mother, 
     father, aunt, uncle, sibling, or child.
       (11) Interstate off-track wager.--The term ``interstate 
     off-track wager'' has the meaning given such term in section 
     3 of the Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
       (12) Jockey.--The term ``jockey'' means a rider or driver 
     of a covered horse in covered horseraces.
       (13) Owner.--The term ``owner'' means a person who holds an 
     ownership interest in one or more covered horses.
       (14) Program effective date.--The term ``program effective 
     date'' means July 1, 2022.
       (15) Racetrack.--The term ``racetrack'' means an 
     organization licensed by a State racing commission to conduct 
     covered horseraces.
       (16) Racetrack safety program.--The term ``racetrack safety 
     program'' means the program established under section 
     1207(a).
       (17) Stakes race.--The term ``stakes race'' means any race 
     so designated by the racetrack at which such race is run, 
     including, without limitation, the races comprising the 
     Breeders' Cup World Championships and the races designated as 
     graded stakes by the American Graded Stakes Committee of the 
     Thoroughbred Owners and Breeders Association.
       (18) State racing commission.--The term ``State racing 
     commission'' means an entity designated by State law or 
     regulation that has jurisdiction over the conduct of 
     horseracing within the applicable State.
       (19) Trainer.--The term ``trainer'' means an individual 
     engaged in the training of covered horses.

[[Page H7866]]

       (20) Training facility.--The term ``training facility'' 
     means a location that is not a racetrack licensed by a State 
     racing commission that operates primarily to house covered 
     horses and conduct official timed workouts.
       (21) Veterinarian.--The term ``veterinarian'' means a 
     licensed veterinarian who provides veterinary services to 
     covered horses.
       (22) Workout.--The term ``workout'' means a timed running 
     of a horse over a predetermined distance not associated with 
     a race or its first qualifying race, if such race is made 
     subject to this Act by election under section 1205(k) of the 
     horse's breed governing organization or the applicable State 
     racing commission.

     SEC. 1203. RECOGNITION OF THE HORSERACING INTEGRITY AND 
                   SAFETY AUTHORITY.

       (a) In General.--The private, independent, self-regulatory, 
     nonprofit corporation, to be known as the ``Horseracing 
     Integrity and Safety Authority'', is recognized for purposes 
     of developing and implementing a horseracing anti-doping and 
     medication control program and a racetrack safety program for 
     covered horses, covered persons, and covered horseraces.
       (b) Board of Directors.--
       (1) Membership.--The Authority shall be governed by a board 
     of directors (in this section referred to as the ``Board'') 
     comprised of nine members as follows:
       (A) Independent members.--Five members of the Board shall 
     be independent members selected from outside the equine 
     industry.
       (B) Industry members.--
       (i) In general.--Four members of the Board shall be 
     industry members selected from among the various equine 
     constituencies.
       (ii) Representation of equine constituencies.--The industry 
     members shall be representative of the various equine 
     constituencies, and shall include not more than one industry 
     member from any one equine constituency.
       (2) Chair.--The chair of the Board shall be an independent 
     member described in paragraph (1)(A).
       (3) Bylaws.--The Board of the Authority shall be governed 
     by bylaws for the operation of the Authority with respect 
     to--
       (A) the administrative structure and employees of the 
     Authority;
       (B) the establishment of standing committees;
       (C) the procedures for filling vacancies on the Board and 
     the standing committees;
       (D) term limits for members and termination of membership; 
     and
       (E) any other matter the Board considers necessary.
       (c) Standing Committees.--
       (1) Anti-doping and medication control standing 
     committee.--
       (A) In general.--The Authority shall establish an anti-
     doping and medication control standing committee, which shall 
     provide advice and guidance to the Board on the development 
     and maintenance of the horseracing anti-doping and medication 
     control program.
       (B) Membership.--The anti-doping and medication control 
     standing committee shall be comprised of seven members as 
     follows:
       (i) Independent members.--A majority of the members shall 
     be independent members selected from outside the equine 
     industry.
       (ii) Industry members.--A minority of the members shall be 
     industry members selected to represent the various equine 
     constituencies, and shall include not more than one industry 
     member from any one equine constituency.
       (iii) Qualification.--A majority of individuals selected to 
     serve on the anti-doping and medication control standing 
     committee shall have significant, recent experience in anti-
     doping and medication control rules.
       (C) Chair.--The chair of the anti-doping and medication 
     control standing committee shall be an independent member of 
     the Board described in subsection (b)(1)(A).
       (2) Racetrack safety standing committee.--
       (A) In general.--The Authority shall establish a racetrack 
     safety standing committee, which shall provide advice and 
     guidance to the Board on the development and maintenance of 
     the racetrack safety program.
       (B) Membership.--The racetrack safety standing committee 
     shall be comprised of seven members as follows:
       (i) Independent members.--A majority of the members shall 
     be independent members selected from outside the equine 
     industry.
       (ii) Industry members.--A minority of the members shall be 
     industry members selected to represent the various equine 
     constituencies.
       (C) Chair.--The chair of the racetrack safety standing 
     committee shall be an industry member of the Board described 
     in subsection (b)(1)(B).
       (d) Nominating Committee.--
       (1) Membership.--
       (A) In general.--The nominating committee of the Authority 
     shall be comprised of seven independent members selected from 
     business, sports, and academia.
       (B) Initial membership.--The initial nominating committee 
     members shall be set forth in the governing corporate 
     documents of the Authority.
       (C) Vacancies.--After the initial committee members are 
     appointed in accordance with subparagraph (B), vacancies 
     shall be filled by the Board pursuant to rules established by 
     the Authority.
       (2) Chair.--The chair of the nominating committee shall be 
     selected by the nominating committee from among the members 
     of the nominating committee.
       (3) Selection of members of the board and standing 
     committees.--
       (A) Initial members.--The nominating committee shall select 
     the initial members of the Board and the standing committees 
     described in subsection (c).
       (B) Subsequent members.-- The nominating committee shall 
     recommend individuals to fill any vacancy on the Board or on 
     such standing committees.
       (e) Conflicts of Interest.--To avoid conflicts of interest, 
     the following individuals may not be selected as a member of 
     the Board or as an independent member of a nominating or 
     standing committee under this section:
       (1) An individual who has a financial interest in, or 
     provides goods or services to, covered horses.
       (2) An official or officer--
       (A) of an equine industry representative; or
       (B) who serves in a governance or policymaking capacity for 
     an equine industry representative.
       (3) An employee of, or an individual who has a business or 
     commercial relationship with, an individual described in 
     paragraph (1) or (2).
       (4) An immediate family member of an individual described 
     in paragraph (1) or (2).
       (f) Funding.--
       (1) Initial funding.--
       (A) In general.--Initial funding to establish the Authority 
     and underwrite its operations before the program effective 
     date shall be provided by loans obtained by the Authority.
       (B) Borrowing.--The Authority may borrow funds toward the 
     funding of its operations.
       (C) Annual calculation of amounts required.--
       (i) In general.--Not later than the date that is 90 days 
     before the program effective date, and not later than 
     November 1 each year thereafter, the Authority shall 
     determine and provide to each State racing commission the 
     estimated amount required from the State--

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

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

       (I) be based on--

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

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

       (iii) Requirements regarding budgets of authority.--

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

       (iv) Rate increases.--

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

       (2) Assessment and collection of fees by states.--
       (A) Notice of election.--Any State racing commission that 
     elects to remit fees pursuant to this subsection shall notify 
     the Authority of such election not later than 60 days before 
     the program effective date.
       (B) Requirement to remit fees.--After a State racing 
     commission makes a notification under subparagraph (A), the 
     election shall remain in effect and the State racing 
     commission shall be required to remit fees pursuant to this 
     subsection according to a schedule established in rule 
     developed by the Authority and approved by the Commission.
       (C) Withdrawal of election.--A State racing commission may 
     cease remitting fees under this subsection not earlier than 
     one year after notifying the Authority of the intent of the 
     State racing commission to do so.
       (D) Determination of methods.--Each State racing commission 
     shall determine, subject to the applicable laws, regulations, 
     and contracts of the State, the method by which the requisite 
     amount of fees, such as foal registration fees, sales 
     contributions, starter fees, and track fees, and other fees 
     on covered persons, shall be allocated, assessed, and 
     collected.
       (3) Assessment and collection of fees by the authority.--
       (A) Calculation.--If a State racing commission does not 
     elect to remit fees pursuant to paragraph (2) or withdraws 
     its election under such paragraph, the Authority shall, not 
     less frequently than monthly, calculate the applicable fee 
     per racing start multiplied by the number of racing starts in 
     the State during the preceding month.
       (B) Allocation.--The Authority shall allocate equitably the 
     amount calculated under subparagraph (A) collected among 
     covered persons involved with covered horseraces pursuant to 
     such rules as the Authority may promulgate.
       (C) Assessment and collection.--
       (i) In general.--The Authority shall assess a fee equal to 
     the allocation made under subparagraph (B) and shall collect 
     such fee according to such rules as the Authority may 
     promulgate.
       (ii) Remittance of fees.--Covered persons described in 
     subparagraph (B) shall be required to remit such fees to the 
     Authority.
       (D) Limitation.--A State racing commission that does not 
     elect to remit fees pursuant to paragraph (2) or that 
     withdraws its election under such paragraph shall not impose 
     or collect from any person a fee or tax relating to anti-
     doping and medication control or racetrack safety matters for 
     covered horseraces.
       (4) Fees and fines.--Fees and fines imposed by the 
     Authority shall be allocated toward funding of the Authority 
     and its activities.

[[Page H7867]]

       (5) Rule of construction.--Nothing in this Act shall be 
     construed to require--
       (A) the appropriation of any amount to the Authority; or
       (B) the Federal Government to guarantee the debts of the 
     Authority.
       (g) Quorum.--For all items where Board approval is 
     required, the Authority shall have present a majority of 
     independent members.

     SEC. 1204. FEDERAL TRADE COMMISSION OVERSIGHT.

       (a) In General.--The Authority shall submit to the 
     Commission, in accordance with such rules as the Commission 
     may prescribe under section 553 of title 5, United States 
     Code, any proposed rule, or proposed modification to a rule, 
     of the Authority relating to--
       (1) the bylaws of the Authority;
       (2) a list of permitted and prohibited medications, 
     substances, and methods, including allowable limits of 
     permitted medications, substances, and methods;
       (3) laboratory standards for accreditation and protocols;
       (4) standards for racing surface quality maintenance;
       (5) racetrack safety standards and protocols;
       (6) a program for injury and fatality data analysis;
       (7) a program of research and education on safety, 
     performance, and anti-doping and medication control;
       (8) a description of safety, performance, and anti-doping 
     and medication control rule violations applicable to covered 
     horses and covered persons;
       (9) a schedule of civil sanctions for violations;
       (10) a process or procedures for disciplinary hearings; and
       (11) a formula or methodology for determining assessments 
     described in section 1203(f).
       (b) Publication and Comment.--
       (1) In general.--The Commission shall--
       (A) publish in the Federal Register each proposed rule or 
     modification submitted under subsection (a); and
       (B) provide an opportunity for public comment.
       (2) Approval required.--A proposed rule, or a proposed 
     modification to a rule, of the Authority shall not take 
     effect unless the proposed rule or modification has been 
     approved by the Commission.
       (c) Decision on Proposed Rule or Modification to a Rule.--
       (1) In general.--Not later than 60 days after the date on 
     which a proposed rule or modification is published in the 
     Federal Register, the Commission shall approve or disapprove 
     the proposed rule or modification.
       (2) Conditions.--The Commission shall approve a proposed 
     rule or modification if the Commission finds that the 
     proposed rule or modification is consistent with--
       (A) this Act; and
       (B) applicable rules approved by the Commission.
       (3) Revision of proposed rule or modification.--
       (A) In general.--In the case of disapproval of a proposed 
     rule or modification under this subsection, not later than 30 
     days after the issuance of the disapproval, the Commission 
     shall make recommendations to the Authority to modify the 
     proposed rule or modification.
       (B) Resubmission.--The Authority may resubmit for approval 
     by the Commission a proposed rule or modification that 
     incorporates the modifications recommended under subparagraph 
     (A).
       (d) Proposed Standards and Procedures.--
       (1) In general.--The Authority shall submit to the 
     Commission any proposed rule, standard, or procedure 
     developed by the Authority to carry out the horseracing anti-
     doping and medication control program or the racetrack safety 
     program.
       (2) Notice and comment.--The Commission shall publish in 
     the Federal Register any such proposed rule, standard, or 
     procedure and provide an opportunity for public comment.
       (e) Interim Final Rules.--The Commission may adopt an 
     interim final rule, to take effect immediately, under 
     conditions specified in section 553(b)(B) of title 5, United 
     States Code, if the Commission finds that such a rule is 
     necessary to protect--
       (1) the health and safety of covered horses; or
       (2) the integrity of covered horseraces and wagering on 
     those horseraces.

     SEC. 1205. JURISDICTION OF THE COMMISSION AND THE HORSERACING 
                   INTEGRITY AND SAFETY AUTHORITY.

       (a) In General.--Beginning on the program effective date, 
     the Commission, the Authority, and the anti-doping and 
     medication control enforcement agency, each within the scope 
     of their powers and responsibilities under this Act, as 
     limited by subsection (j), shall--
       (1) implement and enforce the horseracing anti-doping and 
     medication control program and the racetrack safety program;
       (2) exercise independent and exclusive national authority 
     over--
       (A) the safety, welfare, and integrity of covered horses, 
     covered persons, and covered horseraces; and
       (B) all horseracing safety, performance, and anti-doping 
     and medication control matters for covered horses, covered 
     persons, and covered horseraces; and
       (3) have safety, performance, and anti-doping and 
     medication control authority over covered persons similar to 
     such authority of the State racing commissions before the 
     program effective date.
       (b) Preemption.--The rules of the Authority promulgated in 
     accordance with this Act shall preempt any provision of State 
     law or regulation with respect to matters within the 
     jurisdiction of the Authority under this Act, as limited by 
     subsection (j). Nothing contained in this Act shall be 
     construed to limit the authority of the Commission under any 
     other provision of law.
       (c) Duties.--
       (1) In general.--The Authority--
       (A) shall develop uniform procedures and rules 
     authorizing--
       (i) access to offices, racetrack facilities, other places 
     of business, books, records, and personal property of covered 
     persons that are used in the care, treatment, training, and 
     racing of covered horses;
       (ii) issuance and enforcement of subpoenas and subpoenas 
     duces tecum; and
       (iii) other investigatory powers of the nature and scope 
     exercised by State racing commissions before the program 
     effective date; and
       (B) with respect to an unfair or deceptive act or practice 
     described in section 1210, may recommend that the Commission 
     commence an enforcement action.
       (2) Approval of commission.--The procedures and rules 
     developed under paragraph (1)(A) shall be subject to approval 
     by the Commission in accordance with section 1204.
       (d) Registration of Covered Persons With Authority.--
       (1) In general.--As a condition of participating in covered 
     races and in the care, ownership, treatment, and training of 
     covered horses, a covered person shall register with the 
     Authority in accordance with rules promulgated by the 
     Authority and approved by the Commission in accordance with 
     section 1204.
       (2) Agreement with respect to authority rules, standards, 
     and procedures.--Registration under this subsection shall 
     include an agreement by the covered person to be subject to 
     and comply with the rules, standards, and procedures 
     developed and approved under subsection (c).
       (3) Cooperation.--A covered person registered under this 
     subsection shall, at all times--
       (A) cooperate with the Commission, the Authority, the anti-
     doping and medication control enforcement agency, and any 
     respective designee, during any civil investigation; and
       (B) respond truthfully and completely to the best of the 
     knowledge of the covered person if questioned by the 
     Commission, the Authority, the anti-doping and medication 
     control enforcement agency, or any respective designee.
       (4) Failure to comply.--Any failure of a covered person to 
     comply with this subsection shall be a violation of section 
     1208(a)(2)(G).
       (e) Enforcement of Programs.--
       (1) Anti-doping and medication control enforcement 
     agency.--
       (A) Agreement with usada.--The Authority shall seek to 
     enter into an agreement with the United States Anti-Doping 
     Agency under which the Agency acts as the anti-doping and 
     medication control enforcement agency under this Act for 
     services consistent with the horseracing anti-doping and 
     medication control program.
       (B) Agreement with other entity.--If the Authority and the 
     United States Anti-Doping Agency are unable to enter into the 
     agreement described in subparagraph (A), the Authority shall 
     enter into an agreement with an entity that is nationally 
     recognized as being a medication regulation agency equal in 
     qualification to the United States Anti-Doping Agency to act 
     as the anti-doping and medication control enforcement agency 
     under this Act for services consistent with the horseracing 
     anti-doping and medication control program.
       (C) Negotiations.--Any negotiations under this paragraph 
     shall be conducted in good faith and designed to achieve 
     efficient, effective best practices for anti-doping and 
     medication control and enforcement on commercially reasonable 
     terms.
       (D) Elements of agreement.--Any agreement under this 
     paragraph shall include a description of the scope of work, 
     performance metrics, reporting obligations, and budgets of 
     the United States Anti-Doping Agency while acting as the 
     anti-doping and medication control enforcement agency under 
     this Act, as well as a provision for the revision of the 
     agreement to increase in the scope of work as provided for in 
     subsection (k), and any other matter the Authority considers 
     appropriate.
       (E) Duties and powers of enforcement agency.--The anti-
     doping and medication control enforcement agency under an 
     agreement under this paragraph shall--
       (i) serve as the independent anti-doping and medication 
     control enforcement organization for covered horses, covered 
     persons, and covered horseraces, implementing the anti-doping 
     and medication control program on behalf of the Authority;
       (ii) ensure that covered horses and covered persons are 
     deterred from using or administering medications, substances, 
     and methods in violation of the rules established in 
     accordance with this Act;
       (iii) implement anti-doping education, research, testing, 
     compliance and adjudication programs designed to prevent 
     covered persons and covered horses from using or 
     administering medications, substances, and methods in 
     violation of the rules established in accordance with this 
     Act;
       (iv) exercise the powers specified in section 1206(c)(4) in 
     accordance with that section; and
       (v) implement and undertake any other responsibilities 
     specified in the agreement.
       (F) Term and extension.--
       (i) Term of initial agreement.--The initial agreement 
     entered into by the Authority under this paragraph shall be 
     in effect for the 5-year period beginning on the program 
     effective date.
       (ii) Extension.--At the end of the 5-year period described 
     in clause (i), the Authority may--

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

[[Page H7868]]

       (2) Agreements for enforcement by state racing 
     commissions.--
       (A) State racing commissions.--
       (i) Racetrack safety program.--The Authority may enter into 
     agreements with State racing commissions for services 
     consistent with the enforcement of the racetrack safety 
     program.
       (ii) Anti-doping and medication control program.--The anti-
     doping and medication control enforcement agency may enter 
     into agreements with State racing commissions for services 
     consistent with the enforcement of the anti-doping and 
     medication control program.
       (B) Elements of agreements.--Any agreement under this 
     paragraph shall include a description of the scope of work, 
     performance metrics, reporting obligations, budgets, and any 
     other matter the Authority considers appropriate.
       (3) Enforcement of standards.--The Authority may coordinate 
     with State racing commissions and other State regulatory 
     agencies to monitor and enforce racetrack compliance with the 
     standards developed under paragraphs (1) and (2) of section 
     1207(c).
       (f) Procedures With Respect to Rules of Authority.--
       (1) Anti-doping and medication control.--
       (A) In general.--Recommendations for rules regarding anti-
     doping and medication control shall be developed in 
     accordance with section 1206.
       (B) Consultation.--The anti-doping and medication control 
     enforcement agency shall consult with the anti-doping and 
     medication control standing committee and the Board of the 
     Authority on all anti-doping and medication control rules of 
     the Authority.
       (2) Racetrack safety.--Recommendations for rules regarding 
     racetrack safety shall be developed by the racetrack safety 
     standing committee of the Authority.
       (g) Issuance of Guidance.--
       (1) The Authority may issue guidance that--
       (A) sets forth--
       (i) an interpretation of an existing rule, standard, or 
     procedure of the Authority; or
       (ii) a policy or practice with respect to the 
     administration or enforcement of such an existing rule, 
     standard, or procedure; and
       (B) relates solely to--
       (i) the administration of the Authority; or
       (ii) any other matter, as specified by the Commission, by 
     rule, consistent with the public interest and the purposes of 
     this subsection.
       (2) Submittal to commission.--The Authority shall submit to 
     the Commission any guidance issued under paragraph (1).
       (3) Immediate effect.--Guidance issued under paragraph (1) 
     shall take effect on the date on which the guidance is 
     submitted to the Commission under paragraph (2).
       (h) Subpoena and Investigatory Authority.--The Authority 
     shall have subpoena and investigatory authority with respect 
     to civil violations committed under its jurisdiction.
       (i) Civil Penalties.--The Authority shall develop a list of 
     civil penalties with respect to the enforcement of rules for 
     covered persons and covered horseraces under its 
     jurisdiction.
       (j) Civil Actions.--
       (1) In general.--In addition to civil sanctions imposed 
     under section 1208, the Authority may commence a civil action 
     against a covered person or racetrack that has engaged, is 
     engaged, or is about to engage, in acts or practices 
     constituting a violation of this Act or any rule established 
     under this Act in the proper district court of the United 
     States, the United States District Court for the District of 
     Columbia, or the United States courts of any territory or 
     other place subject to the jurisdiction of the United States, 
     to enjoin such acts or practices, to enforce any civil 
     sanctions imposed under that section, and for all other 
     relief to which the Authority may be entitled.
       (2) Injunctions and restraining orders.--With respect to a 
     civil action commenced under paragraph (1), upon a proper 
     showing, a permanent or temporary injunction or restraining 
     order shall be granted without bond.
       (k) Limitations on Authority.--
       (1) Prospective application.--The jurisdiction and 
     authority of the Authority and the Commission with respect to 
     the horseracing anti-doping and medication control program 
     and the racetrack safety program shall be prospective only.
       (2) Previous matters.--
       (A) In general.--The Authority and the Commission may not 
     investigate, prosecute, adjudicate, or penalize conduct in 
     violation of the horseracing anti-doping and medication 
     control program and the racetrack safety program that occurs 
     before the program effective date.
       (B) State racing commission.--With respect to conduct 
     described in subparagraph (A), the applicable State racing 
     commission shall retain authority until the final resolution 
     of the matter.
       (3) Other laws unaffected.--This Act shall not be construed 
     to modify, impair or restrict the operation of the general 
     laws or regulations, as may be amended from time to time, of 
     the United States, the States and their political 
     subdivisions relating to criminal conduct, cruelty to 
     animals, matters unrelated to antidoping, medication control 
     and racetrack and racing safety of covered horses and covered 
     races, and the use of medication in human participants in 
     covered races.
       (l) Election for Other Breed Coverage Under Act.--
       (1) In general.--A State racing commission or a breed 
     governing organization for a breed of horses other than 
     Thoroughbred horses may elect to have such breed be covered 
     by this Act by the filing of a designated election form and 
     subsequent approval by the Authority. A State racing 
     commission may elect to have a breed covered by this Act for 
     the applicable State only.
       (2) Election conditional on funding mechanism.--A 
     commission or organization may not make an election under 
     paragraph (1) unless the commission or organization has in 
     place a mechanism to provide sufficient funds to cover the 
     costs of the administration of this Act with respect to the 
     horses that will be covered by this Act as a result of the 
     election.
       (3) Apportionment.--The Authority shall apportion costs 
     described in paragraph (2) in connection with an election 
     under paragraph (1) fairly among all impacted segments of the 
     horseracing industry, subject to approval by the Commission 
     in accordance with section 1204. Such apportionment may not 
     provide for the allocation of costs or funds among breeds of 
     horses.

     SEC. 1206. HORSERACING ANTI-DOPING AND MEDICATION CONTROL 
                   PROGRAM.

       (a) Program Required.--
       (1) In general.--Not later than the program effective date, 
     and after notice and an opportunity for public comment in 
     accordance with section 1204, the Authority shall establish a 
     horseracing anti-doping and medication control program 
     applicable to all covered horses, covered persons, and 
     covered horseraces in accordance with the registration of 
     covered persons under section 1205(d).
       (2) Consideration of other breeds.--In developing the 
     horseracing anti-doping and medication control program with 
     respect to a breed of horse that is made subject to this Act 
     by election of a State racing commission or the breed 
     governing organization for such horse under section 1205(k), 
     the Authority shall consider the unique characteristics of 
     such breed.
       (b) Considerations in Development of Program.--In 
     developing the horseracing anti-doping and medication control 
     program, the Authority shall take into consideration the 
     following:
       (1) Covered horses should compete only when they are free 
     from the influence of medications, other foreign substances, 
     and methods that affect their performance.
       (2) Covered horses that are injured or unsound should not 
     train or participate in covered races, and the use of 
     medications, other foreign substances, and treatment methods 
     that mask or deaden pain in order to allow injured or unsound 
     horses to train or race should be prohibited.
       (3) Rules, standards, procedures, and protocols regulating 
     medication and treatment methods for covered horses and 
     covered races should be uniform and uniformly administered 
     nationally.
       (4) To the extent consistent with this Act, consideration 
     should be given to international anti-doping and medication 
     control standards of the International Federation of 
     Horseracing Authorities and the Principles of Veterinary 
     Medical Ethics of the American Veterinary Medical 
     Association.
       (5) The administration of medications and treatment methods 
     to covered horses should be based upon an examination and 
     diagnosis that identifies an issue requiring treatment for 
     which the medication or method represents an appropriate 
     component of treatment.
       (6) The amount of therapeutic medication that a covered 
     horse receives should be the minimum necessary to address the 
     diagnosed health concerns identified during the examination 
     and diagnostic process.
       (7) The welfare of covered horses, the integrity of the 
     sport, and the confidence of the betting public require full 
     disclosure to regulatory authorities regarding the 
     administration of medications and treatments to covered 
     horses.
       (c) Activities.--The following activities shall be carried 
     out under the horseracing anti-doping and medication control 
     program:
       (1) Standards for anti-doping and medication control.--Not 
     later than 120 days before the program effective date, the 
     Authority shall issue, by rule--
       (A) uniform standards for--
       (i) the administration of medication to covered horses by 
     covered persons; and
       (ii) laboratory testing accreditation and protocols; and
       (B) a list of permitted and prohibited medications, 
     substances, and methods, including allowable limits of 
     permitted medications, substances, and methods.
       (2) Review process for administration of medication.--The 
     development of a review process for the administration of any 
     medication to a covered horse during the 48-hour period 
     preceding the next racing start of the covered horse.
       (3) Agreement requirements.--The development of 
     requirements with respect to agreements under section 
     1205(e).
       (4) Anti-doping and medication control enforcement 
     agency.--
       (A) Control rules, protocols, etc.--Except as provided in 
     paragraph (5), the anti-doping and medication control program 
     enforcement agency under section 1205(e) shall, in 
     consultation with the anti-doping and medication control 
     standing committee of the Authority and consistent with 
     international best practices, develop and recommend anti-
     doping and medication control rules, protocols, policies, and 
     guidelines for approval by the Authority.
       (B) Results management.--The anti-doping and medication 
     control enforcement agency shall conduct and oversee anti-
     doping and medication control results management, including 
     independent investigations, charging and adjudication of 
     potential medication control rule violations, and the 
     enforcement of any civil sanctions for such violations. Any 
     final decision or civil sanction of the anti-doping and 
     medication control enforcement agency under this subparagraph 
     shall be the final decision or civil sanction of the 
     Authority, subject to review in accordance with section 1209.

[[Page H7869]]

       (C) Testing.--The anti-doping enforcement agency shall 
     perform and manage test distribution planning (including 
     intelligence-based testing), the sample collection process, 
     and in-competition and out-of-competition testing (including 
     no-advance-notice testing).
       (D) Testing laboratories.--The anti-doping and medication 
     control enforcement agency shall accredit testing 
     laboratories based upon the standards established under this 
     Act, and shall monitor, test, and audit accredited 
     laboratories to ensure continuing compliance with 
     accreditation standards.
       (5) Anti-doping and medication control standing 
     committee.--The anti-doping and medication control standing 
     committee shall, in consultation with the anti-doping and 
     medication control enforcement agency, develop lists of 
     permitted and prohibited medications, methods, and substances 
     for recommendation to, and approval by, the Authority. Any 
     such list may prohibit the administration of any substance or 
     method to a horse at any time after such horse becomes a 
     covered horse if the Authority determines such substance or 
     method has a long-term degrading effect on the soundness of a 
     horse.
       (d) Prohibition.--Except as provided in subsections (e) and 
     (f), the horseracing anti-doping and medication control 
     program shall prohibit the administration of any prohibited 
     or otherwise permitted substance to a covered horse within 48 
     hours of its next racing start, effective as of the program 
     effective date.
       (e) Advisory Committee Study and Report.--
       (1) In general.--Not later than the program effective date, 
     the Authority shall convene an advisory committee comprised 
     of horseracing anti-doping and medication control industry 
     experts, including a member designated by the anti-doping and 
     medication control enforcement agency, to conduct a study on 
     the use of furosemide on horses during the 48-hour period 
     before the start of a race, including the effect of 
     furosemide on equine health and the integrity of competition 
     and any other matter the Authority considers appropriate.
       (2) Report.--Not later than three years after the program 
     effective date, the Authority shall direct the advisory 
     committee convened under paragraph (1) to submit to the 
     Authority a written report on the study conducted under that 
     paragraph that includes recommended changes, if any, to the 
     prohibition in subsection (d).
       (3) Modification of prohibition.--
       (A) In general.--After receipt of the report required by 
     paragraph (2), the Authority may, by unanimous vote of the 
     Board of the Authority, modify the prohibition in subsection 
     (d) and, notwithstanding subsection (f), any such 
     modification shall apply to all States beginning on the date 
     that is three years after the program effective date.
       (B) Condition.--In order for a unanimous vote described in 
     subparagraph (A) to effect a modification of the prohibition 
     in subsection (d), the vote must include unanimous adoption 
     of each of the following findings:
       (i) That the modification is warranted.
       (ii) That the modification is in the best interests of 
     horse racing.
       (iii) That furosemide has no performance enhancing effect 
     on individual horses.
       (iv) That public confidence in the integrity and safety of 
     racing would not be adversely affected by the modification.
       (f) Exemption.--
       (1) In general.--Except as provided in paragraph (2), only 
     during the three-year period beginning on the program 
     effective date, a State racing commission may submit to the 
     Authority, at such time and in such manner as the Authority 
     may require, a request for an exemption from the prohibition 
     in subsection (d) with respect to the use of furosemide on 
     covered horses during such period.
       (2) Exceptions.--An exemption under paragraph (1) may not 
     be requested for--
       (A) two-year-old covered horses; or
       (B) covered horses competing in stakes races.
       (3) Contents of request.--A request under paragraph (1) 
     shall specify the applicable State racing commission's 
     requested limitations on the use of furosemide that would 
     apply to the State under the horseracing anti-doping and 
     medication control program during such period. Such 
     limitations shall be no less restrictive on the use and 
     administration of furosemide than the restrictions set forth 
     in State's laws and regulations in effect as of September 1, 
     2020.
       (4) Grant of exemption.--Subject to subsection (e)(3), the 
     Authority shall grant an exemption requested under paragraph 
     (1) for the remainder of such period and shall allow the use 
     of furosemide on covered horses in the applicable State, in 
     accordance with the requested limitations.
       (g) Baseline Anti-doping and Medication Control Rules.--
       (1) In general.--Subject to paragraph (3), the baseline 
     anti-doping and medication control rules described in 
     paragraph (2) shall--
       (A) constitute the initial rules of the horseracing anti-
     doping and medication control program; and
       (B) except as exempted pursuant to subsections (e) and (f), 
     remain in effect at all times after the program effective 
     date.
       (2) Baseline anti-doping medication control rules 
     described.--
       (A) In general.--The baseline anti-doping and medication 
     control rules described in this paragraph are the following:
       (i) The lists of permitted and prohibited substances 
     (including drugs, medications, and naturally occurring 
     substances and synthetically occurring substances) in effect 
     for the International Federation of Horseracing Authorities, 
     including the International Federation of Horseracing 
     Authorities International Screening Limits for urine, dated 
     May 2019, and the International Federation of Horseracing 
     Authorities International Screening Limits for plasma, dated 
     May 2019.
       (ii) The World Anti-Doping Agency International Standard 
     for Laboratories (version 10.0), dated November 12, 2019.
       (iii) The Association of Racing Commissioners International 
     out-of-competition testing standards, Model Rules of Racing 
     (version 9.2).
       (iv) The Association of Racing Commissioners International 
     penalty and multiple medication violation rules, Model Rules 
     of Racing (version 6.2).
       (B) Conflict of rules.--In the case of a conflict among the 
     rules described in subparagraph (A), the most stringent rule 
     shall apply.
       (3) Modifications to baseline rules.--
       (A) Development by anti-doping and medication control 
     standing committee.--The anti-doping and medication control 
     standing committee, in consultation with the anti-doping and 
     medication control enforcement agency, may develop and submit 
     to the Authority for approval by the Authority proposed 
     modifications to the baseline anti-doping and medication 
     control rules.
       (B) Authority approval.--If the Authority approves a 
     proposed modification under this paragraph, the proposed 
     modification shall be submitted to and considered by the 
     Commission in accordance with section 1204.
       (C) Anti-doping and medication control enforcement agency 
     veto authority.--The Authority shall not approve any proposed 
     modification that renders an anti-doping and medication 
     control rule less stringent than the baseline anti-doping and 
     medication control rules described in paragraph (2) 
     (including by increasing permitted medication thresholds, 
     adding permitted medications, removing prohibited 
     medications, or weakening enforcement mechanisms) without the 
     approval of the anti-doping and medication control 
     enforcement agency.

     SEC. 1207. RACETRACK SAFETY PROGRAM.

       (a) Establishment and Considerations.--
       (1) In general.--Not later than the program effective date, 
     and after notice and an opportunity for public comment in 
     accordance with section 1204, the Authority shall establish a 
     racetrack safety program applicable to all covered horses, 
     covered persons, and covered horseraces in accordance with 
     the registration of covered persons under section 1205(d).
       (2) Considerations in development of safety program.--In 
     the development of the horseracing safety program for covered 
     horses, covered persons, and covered horseraces, the 
     Authority and the Commission shall take into consideration 
     existing safety standards including the National Thoroughbred 
     Racing Association Safety and Integrity Alliance Code of 
     Standards, the International Federation of Horseracing 
     Authority's International Agreement on Breeding, Racing, and 
     Wagering, and the British Horseracing Authority's Equine 
     Health and Welfare program.
       (b) Elements of Horseracing Safety Program.--The 
     horseracing safety program shall include the following:
       (1) A set of training and racing safety standards and 
     protocols taking into account regional differences and the 
     character of differing racing facilities.
       (2) A uniform set of training and racing safety standards 
     and protocols consistent with the humane treatment of covered 
     horses, which may include lists of permitted and prohibited 
     practices or methods (such as crop use).
       (3) A racing surface quality maintenance system that--
       (A) takes into account regional differences and the 
     character of differing racing facilities; and
       (B) may include requirements for track surface design and 
     consistency and established standard operating procedures 
     related to track surface, monitoring, and maintenance (such 
     as standardized seasonal assessment, daily tracking, and 
     measurement).
       (4) A uniform set of track safety standards and protocols, 
     that may include rules governing oversight and movement of 
     covered horses and human and equine injury reporting and 
     prevention.
       (5) Programs for injury and fatality data analysis, that 
     may include pre- and post-training and race inspections, use 
     of a veterinarian's list, and concussion protocols.
       (6) The undertaking of investigations at racetrack and non-
     racetrack facilities related to safety violations.
       (7) Procedures for investigating, charging, and 
     adjudicating violations and for the enforcement of civil 
     sanctions for violations.
       (8) A schedule of civil sanctions for violations.
       (9) Disciplinary hearings, which may include binding 
     arbitration, civil sanctions, and research.
       (10) Management of violation results.
       (11) Programs relating to safety and performance research 
     and education.
       (12) An evaluation and accreditation program that ensures 
     that racetracks in the United States meet the standards 
     described in the elements of the Horseracing Safety Program.
       (c) Activities.--The following activities shall be carried 
     out under the racetrack safety program:
       (1) Standards for racetrack safety.--The development, by 
     the racetrack safety standing committee of the Authority in 
     section 1203(c)(2) of uniform standards for racetrack and 
     horseracing safety.
       (2) Standards for safety and performance accreditation.--
       (A) In general.--Not later than 120 days before the program 
     effective date, the Authority, in consultation with the 
     racetrack safety standing committee, shall issue, by rule in 
     accordance with section 1204--
       (i) safety and performance standards of accreditation for 
     racetracks; and
       (ii) the process by which a racetrack may achieve and 
     maintain accreditation by the Authority.

[[Page H7870]]

       (B) Modifications.--
       (i) In general.--The Authority may modify rules 
     establishing the standards issued under subparagraph (A), as 
     the Authority considers appropriate.
       (ii) Notice and comment.--The Commission shall publish in 
     the Federal Register any proposed rule of the Authority, and 
     provide an opportunity for public comment with respect to, 
     any modification under clause (i) in accordance with section 
     1204.
       (C) Extension of provisional or interim accreditation.--The 
     Authority may, by rule in accordance with section 1204, 
     extend provisional or interim accreditation to a racetrack 
     accredited by the National Thoroughbred Racing Association 
     Safety and Integrity Alliance on a date before the program 
     effective date.
       (3) Nationwide safety and performance database.--
       (A) In general.--Not later than one year after the program 
     effective date, and after notice and an opportunity for 
     public comment in accordance with section 1204, the 
     Authority, in consultation with the Commission, shall develop 
     and maintain a nationwide database of racehorse safety, 
     performance, health, and injury information for the purpose 
     of conducting an epidemiological study.
       (B) Collection of information.--In accordance with the 
     registration of covered persons under section 1205(d), the 
     Authority may require covered persons to collect and submit 
     to the database described in subparagraph (A) such 
     information as the Authority may require to further the goal 
     of increased racehorse welfare.

     SEC. 1208. RULE VIOLATIONS AND CIVIL SANCTIONS.

       (a) Description of Rule Violations.--
       (1) In general.--The Authority shall issue, by rule in 
     accordance with section 1204, a description of safety, 
     performance, and anti-doping and medication control rule 
     violations applicable to covered horses and covered persons.
       (2) Elements.--The description of rule violations 
     established under paragraph (1) may include the following:
       (A) With respect to a covered horse, strict liability for 
     covered trainers for--
       (i) the presence of a prohibited substance or method in a 
     sample or the use of a prohibited substance or method;
       (ii) the presence of a permitted substance in a sample in 
     excess of the amount allowed by the horseracing anti-doping 
     and medication control program; and
       (iii) the use of a permitted method in violation of the 
     applicable limitations established under the horseracing 
     anti-doping and medication control program.
       (B) Attempted use of a prohibited substance or method on a 
     covered horse.
       (C) Possession of any prohibited substance or method.
       (D) Attempted possession of any prohibited substance or 
     method.
       (E) Administration or attempted administration of any 
     prohibited substance or method on a covered horse.
       (F) Refusal or failure, without compelling justification, 
     to submit a covered horse for sample collection.
       (G) Failure to cooperate with the Authority or an agent of 
     the Authority during any investigation.
       (H) Failure to respond truthfully, to the best of a covered 
     person's knowledge, to a question of the Authority or an 
     agent of the Authority with respect to any matter under the 
     jurisdiction of the Authority.
       (I) Tampering or attempted tampering with the application 
     of the safety, performance, or anti-doping and medication 
     control rules or process adopted by the Authority, 
     including--
       (i) the intentional interference, or an attempt to 
     interfere, with an official or agent of the Authority;
       (ii) the procurement or the provision of fraudulent 
     information to the Authority or agent; and
       (iii) the intimidation of, or an attempt to intimidate, a 
     potential witness.
       (J) Trafficking or attempted trafficking in any prohibited 
     substance or method.
       (K) Assisting, encouraging, aiding, abetting, conspiring, 
     covering up, or any other type of intentional complicity 
     involving a safety, performance, or anti-doping and 
     medication control rule violation or the violation of a 
     period of suspension or eligibility.
       (L) Threatening or seeking to intimidate a person with the 
     intent of discouraging the person from the good faith 
     reporting to the Authority, an agent of the Authority or the 
     Commission, or the anti-doping and medication control 
     enforcement agency under section 1205(e), of information that 
     relates to--
       (i) an alleged safety, performance, or anti-doping and 
     medication control rule violation; or
       (ii) alleged noncompliance with a safety, performance, or 
     anti-doping and medication control rule.
       (b) Testing Laboratories.--
       (1) Accreditation and standards.--Not later than 120 days 
     before the program effective date, the Authority shall, in 
     consultation with the anti-doping and medication control 
     enforcement agency, establish, by rule in accordance with 
     section 1204--
       (A) standards of accreditation for laboratories involved in 
     testing samples from covered horses;
       (B) the process for achieving and maintaining 
     accreditation; and
       (C) the standards and protocols for testing such samples.
       (2) Administration.--The accreditation of laboratories and 
     the conduct of audits of accredited laboratories to ensure 
     compliance with Authority rules shall be administered by the 
     anti-doping and medication control enforcement agency. The 
     anti-doping and medication control enforcement agency shall 
     have the authority to require specific test samples to be 
     directed to and tested by laboratories having special 
     expertise in the required tests.
       (3) Extension of provisional or interim accreditation.--The 
     Authority may, by rule in accordance with section 1204, 
     extend provisional or interim accreditation to a laboratory 
     accredited by the Racing Medication and Testing Consortium, 
     Inc., on a date before the program effective date.
       (4) Selection of laboratories.--
       (A) In general.--Except as provided in paragraph (2), a 
     State racing commission may select a laboratory accredited in 
     accordance with the standards established under paragraph (1) 
     to test samples taken in the applicable State.
       (B) Selection by the authority.--If a State racing 
     commission does not select an accredited laboratory under 
     subparagraph (A), the Authority shall select such a 
     laboratory to test samples taken in the State concerned.
       (c) Results Management and Disciplinary Process.--
       (1) In general.--Not later than 120 days before the program 
     effective date, the Authority shall establish in accordance 
     with section 1204--
       (A) rules for safety, performance, and anti-doping and 
     medication control results management; and
       (B) the disciplinary process for safety, performance, and 
     anti-doping and medication control rule violations.
       (2) Elements.--The rules and process established under 
     paragraph (1) shall include the following:
       (A) Provisions for notification of safety, performance, and 
     anti-doping and medication control rule violations.
       (B) Hearing procedures.
       (C) Standards for burden of proof.
       (D) Presumptions.
       (E) Evidentiary rules.
       (F) Appeals.
       (G) Guidelines for confidentiality and public reporting of 
     decisions.
       (3) Due process.--The rules established under paragraph (1) 
     shall provide for adequate due process, including impartial 
     hearing officers or tribunals commensurate with the 
     seriousness of the alleged safety, performance, or anti-
     doping and medication control rule violation and the possible 
     civil sanctions for such violation.
       (d) Civil Sanctions.--
       (1) In general.--The Authority shall establish uniform 
     rules, in accordance with section 1204, imposing civil 
     sanctions against covered persons or covered horses for 
     safety, performance, and anti-doping and medication control 
     rule violations.
       (2) Requirements.--The rules established under paragraph 
     (1) shall--
       (A) take into account the unique aspects of horseracing;
       (B) be designed to ensure fair and transparent horseraces; 
     and
       (C) deter safety, performance, and anti-doping and 
     medication control rule violations.
       (3) Severity.--The civil sanctions under paragraph (1) may 
     include--
       (A) lifetime bans from horseracing, disgorgement of purses, 
     monetary fines and penalties, and changes to the order of 
     finish in covered races; and
       (B) with respect to anti-doping and medication control rule 
     violators, an opportunity to reduce the applicable civil 
     sanctions that is comparable to the opportunity provided by 
     the Protocol for Olympic Movement Testing of the United 
     States Anti-Doping Agency.
       (e) Modifications.--The Authority may propose a 
     modification to any rule established under this section as 
     the Authority considers appropriate, and the proposed 
     modification shall be submitted to and considered by the 
     Commission in accordance with section 1204.

     SEC. 1209. REVIEW OF FINAL DECISIONS OF THE AUTHORITY.

       (a) Notice of Civil Sanctions.-- If the Authority imposes a 
     final civil sanction for a violation committed by a covered 
     person pursuant to the rules or standards of the Authority, 
     the Authority shall promptly submit to the Commission notice 
     of the civil sanction in such form as the Commission may 
     require.
       (b) Review by Administrative Law Judge.--
       (1) In general.--With respect to a final civil sanction 
     imposed by the Authority, on application by the Commission or 
     a person aggrieved by the civil sanction filed not later than 
     30 days after the date on which notice under subsection (a) 
     is submitted, the civil sanction shall be subject to de novo 
     review by an administrative law judge.
       (2) Nature of review.--
       (A) In general.--In matters reviewed under this subsection, 
     the administrative law judge shall determine whether--
       (i) a person has engaged in such acts or practices, or has 
     omitted such acts or practices, as the Authority has found 
     the person to have engaged in or omitted;
       (ii) such acts, practices, or omissions are in violation of 
     this Act or the anti-doping and medication control or 
     racetrack safety rules approved by the Commission; or
       (iii) the final civil sanction of the Authority was 
     arbitrary, capricious, an abuse of discretion, or otherwise 
     not in accordance with law.
       (B) Conduct of hearing.--An administrative law judge shall 
     conduct a hearing under this subsection in such a manner as 
     the Commission may specify by rule, which shall conform to 
     section 556 of title 5, United States Code.
       (3) Decision by administrative law judge.--
       (A) In general.--With respect to a matter reviewed under 
     this subsection, an administrative law judge--
       (i) shall render a decision not later than 60 days after 
     the conclusion of the hearing;
       (ii) may affirm, reverse, modify, set aside, or remand for 
     further proceedings, in whole or in part, the final civil 
     sanction of the Authority; and
       (iii) may make any finding or conclusion that, in the 
     judgment of the administrative law judge, is proper and based 
     on the record.

[[Page H7871]]

       (B) Final decision.--A decision under this paragraph shall 
     constitute the decision of the Commission without further 
     proceedings unless a notice or an application for review is 
     timely filed under subsection (c).
       (c) Review by Commission.--
       (1) Notice of review by commission.--The Commission may, on 
     its own motion, review any decision of an administrative law 
     judge issued under subsection (b)(3) by providing written 
     notice to the Authority and any interested party not later 
     than 30 days after the date on which the administrative law 
     judge issues the decision.
       (2) Application for review.--
       (A) In general.--The Authority or a person aggrieved by a 
     decision issued under subsection (b)(3) may petition the 
     Commission for review of such decision by filing an 
     application for review not later than 30 days after the date 
     on which the administrative law judge issues the decision.
       (B) Effect of denial of application for review.--If an 
     application for review under subparagraph (A) is denied, the 
     decision of the administrative law judge shall constitute the 
     decision of the Commission without further proceedings.
       (C) Discretion of commission.--
       (i) In general.--A decision with respect to whether to 
     grant an application for review under subparagraph (A) is 
     subject to the discretion of the Commission.
       (ii) Matters to be considered.--In determining whether to 
     grant such an application for review, the Commission shall 
     consider whether the application makes a reasonable showing 
     that--

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

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

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

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

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

       (aa) accept or hear additional evidence; or
       (bb) remand the proceeding to the administrative law judge 
     for the consideration of additional evidence.
       (d) Stay of Proceedings.--Review by an administrative law 
     judge or the Commission under this section shall not operate 
     as a stay of a final civil sanction of the Authority unless 
     the administrative law judge or Commission orders such a 
     stay.

     SEC. 1210. UNFAIR OR DECEPTIVE ACTS OR PRACTICES.

       The sale of a covered horse, or of any other horse in 
     anticipation of its future participation in a covered race, 
     shall be considered an unfair or deceptive act or practice in 
     or affecting commerce under section 5(a) of the Federal Trade 
     Commission Act (15 U.S.C. 45(a)) if the seller--
       (1) knows or has reason to know the horse has been 
     administered--
       (A) a bisphosphonate prior to the horse's fourth birthday; 
     or
       (B) any other substance or method the Authority determines 
     has a long-term degrading effect on the soundness of the 
     covered horse; and
       (2) fails to disclose to the buyer the administration of 
     the bisphosphonate or other substance or method described in 
     paragraph (1)(B).

     SEC. 1211. STATE DELEGATION; COOPERATION.

       (a) State Delegation.--
       (1) In general.--The Authority may enter into an agreement 
     with a State racing commission to implement, within the 
     jurisdiction of the State racing commission, a component of 
     the racetrack safety program or, with the concurrence of the 
     anti-doping and medication control enforcement agency under 
     section 1205(e), a component of the horseracing anti-doping 
     and medication control program, if the Authority determines 
     that the State racing commission has the ability to implement 
     such component in accordance with the rules, standards, and 
     requirements established by the Authority.
       (2) Implementation by state racing commission.--A State 
     racing commission or other appropriate regulatory body of a 
     State may not implement such a component in a manner less 
     restrictive than the rule, standard, or requirement 
     established by the Authority.
       (b) Cooperation.--To avoid duplication of functions, 
     facilities, and personnel, and to attain closer coordination 
     and greater effectiveness and economy in administration of 
     Federal and State law, where conduct by any person subject to 
     the horseracing medication control program or the racetrack 
     safety program may involve both a medication control or 
     racetrack safety rule violation and violation of Federal or 
     State law, the Authority and Federal or State law enforcement 
     authorities shall cooperate and share information.

     SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory Pay-As-You-Go Act of 2010, shall 
     be determined by reference to the latest statement titled 
     ``Budgetary Effects of PAYGO Legislation'' for this Act, 
     submitted for printing in the Congressional Record by the 
     Chairman of the House Budget Committee, provided that such 
     statement has been submitted prior to the vote on passage.

             TITLE XIII--COMMUNITY DEVELOPMENT BLOCK GRANTS

     SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.

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

              TITLE XIV--COVID-19 CONSUMER PROTECTION ACT

     SEC. 1401. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN 
                   CONNECTION WITH THE NOVEL CORONAVIRUS.

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

                     TITLE XV--AMERICAN COMPETE ACT

     SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE 
                   EMERGING TECH ECONOMY.

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

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

       (ii) develop a comprehensive list of Federal agencies with 
     jurisdiction over the entities and industry sectors 
     identified under clause (i);

[[Page H7872]]

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

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

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

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

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

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

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

[[Page H7873]]

       (B) recommendations to--
       (i) grow the United States economy through the secure 
     advancement of quantum computing;
       (ii) develop a national strategy to advance the United 
     States business sectors' position in the world on the 
     adoption of quantum computing;
       (iii) develop strategies to mitigate current and emerging 
     risks to the marketplace and supply chain of quantum 
     computing; and
       (iv) develop legislation that may advance the expeditious 
     adoption of quantum computing.
       (e) Study to Advance Blockchain Technology.--
       (1) In general.--
       (A) Study required.--Not later than 1 year after the date 
     of enactment of this Act, the Secretary of Commerce and the 
     Federal Trade Commission shall complete a study on the state 
     of the blockchain technology industry and the impact of such 
     industry on the United States economy.
       (B) Requirements for study.--In conducting the study, the 
     Secretary and the Commission shall--
       (i) develop and conduct a survey of the blockchain 
     technology industry through outreach to participating 
     entities as appropriate to--

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

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

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

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

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

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

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

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

       (I) establish a list of Federal agencies asserting 
     jurisdiction over industry sectors identified under clause 
     (i)(II);

[[Page H7874]]

       (II) develop a brief description of the jurisdiction and 
     expertise of the Federal agencies regarding unmanned delivery 
     services; and
       (III) identify all interagency activities regarding 
     unmanned delivery services.

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

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

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

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

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

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

       (ii) develop a comprehensive list of Federal agencies with 
     jurisdiction over the entities and industry sectors 
     identified under clause (i);
       (iii) identify which Federal agency or agencies listed 
     under clause (ii) each entity or industry sector interacts 
     with;
       (iv) identify all interagency activities that are taking 
     place among the Federal agencies listed under clause (ii), 
     such as working groups or other coordinated efforts;
       (v) develop a brief description of the jurisdiction and 
     expertise of the Federal agencies listed under clause (ii) 
     with regard to such entities and industry sectors;
       (vi) identify all regulations, guidelines, mandatory 
     standards, voluntary standards, and other policies 
     implemented by each of the Federal agencies identified under 
     clause (ii), as well as all guidelines, mandatory standards, 
     voluntary standards, and other policies implemented by 
     industry-based bodies; and
       (vii) identify Federal Government resources that exist for 
     consumers and small businesses to evaluate the use of three-
     dimensional printing.
       (2) Marketplace and supply chain survey.--The Secretary 
     shall conduct a survey of the marketplace and supply chain of 
     three-dimensional printing to--
       (A) assess the severity of risks posed to such marketplace 
     and supply chain;
       (B) review the ability of foreign governments or third 
     parties to exploit the supply chain in a manner that raises 
     risks to the economic and national security of the United 
     States; and
       (C) identify emerging risks and long-term trends in such 
     marketplace and supply chain.
       (3) Report to congress.--Not later than 6 months after the 
     completion of the study required pursuant to paragraph (1), 
     the Secretary shall submit to the Committee on Energy and 
     Commerce and the Committee on Science, Space, and Technology 
     of the House of Representatives, and the Committee on 
     Commerce, Science, and Transportation of the Senate, and make 
     publicly available on the website of the Department of 
     Commerce, a report that contains--
       (A) the results of the study conducted pursuant to 
     paragraph (1) and the survey conducted pursuant to paragraph 
     (2); and
       (B) recommendations to--
       (i) grow the United States economy through the secure 
     advancement of three-dimensional printing;
       (ii) develop a national strategy to advance the United 
     States business sectors' position in the world on the 
     adoption of three-dimensional printing;
       (iii) develop strategies to mitigate current and emerging 
     risks to the marketplace and supply chain of three-
     dimensional printing; and
       (iv) develop legislation that may advance the expeditious 
     adoption of three-dimensional printing.
       (j) Study to Combat Online Harms Through Innovation.--
       (1) In general.--
       (A) Study required.--Not later than 1 year after the date 
     of enactment of this Act, the Federal Trade Commission shall 
     conduct and complete a study on how artificial intelligence 
     may be used to address the online harms described in 
     subparagraph (B).
       (B) Requirements for study.--In conducting the study, the 
     Commission shall consider whether and how artificial 
     intelligence may be used to identify, remove, or take any 
     other appropriate action necessary to address the following 
     online harms:
       (i) Deceptive and fraudulent content intended to scam or 
     otherwise harm individuals, including such practices directed 
     at senior citizens.
       (ii) Manipulated content intended to mislead individuals, 
     including deepfake videos and fake individual reviews.
       (iii) Website or mobile application interfaces designed to 
     intentionally mislead or exploit individuals.
       (iv) Illegal content online, including the illegal sale of 
     opioids, child sexual exploitation and abuse, revenge 
     pornography, harassment, cyberstalking, hate crimes, the 
     glorification of violence or gore, and incitement of 
     violence.
       (v) Terrorist and violent extremists' abuse of digital 
     platforms, including the use of such platforms to promote 
     themselves, share propaganda, and glorify real-world acts of 
     violence.
       (vi) Disinformation campaigns coordinated by inauthentic 
     accounts or individuals to influence United States elections.
       (vii) The sale of counterfeit products.
       (2) Report to congress.--Not later than 6 months after the 
     completion of the study required pursuant to paragraph (1), 
     the Commission shall submit to the Committee on Energy and 
     Commerce and the Committee on Science, Space, and Technology 
     of the House of Representatives, and the Committee on 
     Commerce,

[[Page H7875]]

     Science, and Transportation of the Senate, and make publicly 
     available on its website, a report that contains--
       (A) the results of the study conducted under paragraph (1);
       (B) recommendations on how artificial intelligence may be 
     used to address the online harms described in paragraph 
     (1)(B);
       (C) recommendations on what reasonable policies, practices, 
     and procedures may be implemented to utilize artificial 
     intelligence to address such online harms; and
       (D) recommendations for any legislation that may advance 
     the adoption and use of artificial intelligence to address 
     such online harms.
       (k) Combination of Studies Authorized.--The Secretary of 
     Commerce and the Federal Trade Commission, after notifying 
     the Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate, may combine any of the studies 
     required pursuant to this Act.
       (l) Protection of National Security.--
       (1) Information exempt from public disclosure.--Nothing in 
     this Act shall be construed to require the disclosure of 
     information, records, or reports that are exempt from public 
     disclosure under section 552 of title 5, United States Code, 
     or that may be withheld under section 552a of title 5, United 
     States Code.
       (2) Classified and certain other information.--Nothing in 
     this Act shall be construed to require the publication, on a 
     website or otherwise, of any report containing information 
     that is classified, or the public release of which could have 
     a harmful effect on national security.
       (3) Form of reports to congress.--In the case of each 
     report that is required by this Act to be submitted to a 
     committee of Congress, such report shall be submitted in 
     unclassified form, but may include a classified annex.
       (4) Submission of reports to congressional intelligence 
     committees.--In the case of each report that is required by 
     this Act to be submitted to a committee of Congress, such 
     report shall also be submitted to the Permanent Select 
     Committee on Intelligence of the House of Representatives and 
     the Select Committee on Intelligence of the Senate.
       (m) Appropriations Required.--This Act is subject to 
     appropriations that may be available for the Department of 
     Commerce or the Federal Trade Commission, as applicable.

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

     SEC. 1601. RECORDING OF OBLIGATIONS.

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

                  TITLE XVII--SUDAN CLAIMS RESOLUTION

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Sudan Claims Resolution 
     Act''.

     SEC. 1702. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) the United States should support Sudan's democratic 
     transition, particularly in light of the country's dire 
     economic situation, and this is a critical moment to address 
     longstanding issues in the relationship between the United 
     States and Sudan;
       (2) as part of the process of restoring normal relations 
     between Sudan and the United States, Congress supports 
     efforts to provide meaningful compensation to individuals 
     employed by or serving as contractors for the United States 
     Government, as well as their family members, who personally 
     have been awarded by a United States District Court a 
     judgment for compensatory damages against Sudan; and
       (3) the terrorism-related claims of victims and family 
     members of the September 11, 2001, terrorist attacks must be 
     preserved and protected.

     SEC. 1703. DEFINITIONS.

       In this Act:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Foreign Relations and the Committee on 
     the Judiciary of the Senate; and
       (B) the Committee on Foreign Affairs and the Committee on 
     the Judiciary of the House of Representatives.
       (2) Claims agreement.--The term ``claims agreement'' means 
     the Claims Settlement Agreement Between the Government of the 
     United States of America and the Government of the Republic 
     of the Sudan, done at Washington, D.C., on October 30, 2020, 
     including all annexes, appendices, side letters, related 
     agreements, and instruments for implementation, including the 
     escrow agreement among the Central Bank of Sudan, the Federal 
     Reserve Bank of New York, and the escrow agent appointed 
     thereby, as well as the escrow conditions release agreement, 
     set out in an exchange of diplomatic notes between the United 
     States and Sudan on October 21, 2020, and subsequently 
     amended on December 19, 2020.
       (3) Foreign national.--The term ``foreign national'' means 
     an individual who is not a citizen of the United States.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (5) State sponsor of terrorism.--The term ``state sponsor 
     of terrorism'' means a country the government of which the 
     Secretary has determined is a government that has repeatedly 
     provided support for acts of international terrorism, for 
     purposes of--
       (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
     Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
       (B) section 620A of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2371);
       (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
     2780(d)); or
       (D) any other provision of law.
       (6) Sudan.--The term ``Sudan'' means the Government of the 
     Republic of the Sudan.

     SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.

       (a) Immunity.--
       (1) In general.--Subject to section 1706, and 
     notwithstanding any other provision of law, upon submission 
     of a certification described in paragraph (2)--
       (A) Sudan, an agency or instrumentality of Sudan, and the 
     property of Sudan or an agency or instrumentality of Sudan, 
     shall not be subject to the exceptions to immunity from 
     jurisdiction, liens, attachment, and execution under section 
     1605(a)(7) (as such section was in effect on January 27, 
     2008) or section 1605A or 1610 (insofar as section 1610 
     relates to a judgment under such section 1605(a)(7) or 1605A) 
     of title 28, United States Code;
       (B) section 1605A(c) of title 28, United States Code, 
     section 1083(c) of the National Defense Authorization Act for 
     Fiscal Year 2008 (Public Law 110-181; 28 U.S.C. 1605A note), 
     section 589 of the Foreign Operations, Export Financing, and 
     Related Programs Appropriations Act, 1997 (Public Law 104-
     208; 28 U.S.C. 1605 note), and any other private right of 
     action relating to acts by a state sponsor of terrorism 
     arising under Federal, State, or foreign law shall not apply 
     with respect to claims against Sudan, or any of its agencies, 
     instrumentalities, officials, employees, or agents in any 
     action in a Federal or State court; and
       (C) any attachment, decree, lien, execution, garnishment, 
     or other judicial process brought against property of Sudan, 
     or property of any agency, instrumentality, official, 
     employee, or agent of Sudan, in connection with an action 
     that is precluded by subparagraph (A) or (B) shall be void.
       (2) Certification.--A certification described in this 
     paragraph is a certification by the Secretary to the 
     appropriate congressional committees stating that--
       (A) the August 12, 1993, designation of Sudan as a state 
     sponsor of terrorism has been formally rescinded;
       (B) Sudan has made final payments with respect to the 
     private settlement of the claims of victims of the U.S.S. 
     Cole attack; and
       (C) the United States Government has received funds 
     pursuant to the claims agreement that are sufficient to 
     ensure--
       (i) payment of the agreed private settlement amount for the 
     death of a citizen of the United States who was an employee 
     of the United States Agency for International Development in 
     Sudan on January 1, 2008;
       (ii) meaningful compensation for claims of citizens of the 
     United States (other than individuals described in section 
     1707(a)(1)) for wrongful death or physical injury in cases 
     arising out of the August 7, 1998, bombings of the United 
     States embassies located in Nairobi, Kenya, and Dar es 
     Salaam, Tanzania; and
       (iii) funds for compensation through a fair process to 
     address compensation for terrorism-related claims of foreign 
     nationals for wrongful death or physical injury arising out 
     of the events referred to in clause (ii).
       (b) Scope.--Subject to section 1706, subsection (a) of this 
     section shall apply to all conduct and any event occurring 
     before the date of the certification described in subsection 
     (a)(2), regardless of whether, or the extent to which, 
     application of that subsection affects any action filed 
     before, on, or after that date.
       (c) Authority of the Secretary.--The certification by the 
     Secretary referred to in subsection (a)(2) may not be 
     delegated and may not be subject to judicial review.

     SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED 
                   STATES VICTIMS OF STATE SPONSORED TERRORISM 
                   FUND.

       (a) In General.--The Justice for United States Victims of 
     State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
       (1) in subsection (c)(2)(A)(i), by striking ``state sponsor 
     of terrorism'' and inserting ``foreign state that was 
     designated as a state sponsor of terrorism at the time the 
     acts described in clause (ii) occurred or was so designated 
     as a result of such acts'';

[[Page H7876]]

       (2) in subsection (e)(6), by striking ``January 2, 2030'' 
     each place it appears and inserting ``January 2, 2039''; and
       (3) in subsection (j)(6), in the first sentence, by 
     inserting after ``final judgment'' the following: ``, except 
     that the term does not include payments received in 
     connection with an international claims agreement to which 
     the United States is a state party or any other settlement of 
     terrorism-related claims against Sudan''.
       (b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 
     Spouses, and 9/11 Dependents.--Subsection (d)(4) of the 
     Justice for United States Victims of State Sponsored 
     Terrorism Act (34 U.S.C. 20144) is amended--
       (1) in subparagraph (A), by striking ``subparagraph (B)'' 
     and inserting ``subparagraphs (B) and (C)''; and
       (2) by adding at the end the following:
       ``(C) Lump sum catch-up payments for 9/11 victims, 9/11 
     spouses, and 9/11 dependents.--
       ``(i) In general.--Not later than 90 days after the date of 
     enactment of this subparagraph, and in accordance with 
     clauses (i) and (ii) of subsection (d)(3)(A), the Comptroller 
     General of the United States shall conduct an audit and 
     publish in the Federal Register a notice of proposed lump sum 
     catch-up payments to 9/11 victims, 9/11 spouses, and 9/11 
     dependents who have submitted applications in accordance with 
     subparagraph (B) in amounts that, after receiving the lump 
     sum catch-up payments, would result in the percentage of the 
     claims of 9/11 victims, 9/11 spouses, and 9/11 dependents 
     received from the Fund being equal to the percentage of the 
     claims of 9/11 family members received from the Fund, as of 
     the date of enactment of this subparagraph.
       ``(ii) Public comment.--The Comptroller General shall 
     provide an opportunity for public comment for a 30-day period 
     beginning on the date on which the notice is published under 
     clause (i).
       ``(iii) Report.--Not later than 30 days after the 
     expiration comment period in clause (ii), the Comptroller 
     General of the United States shall submit to the Committee on 
     the Judiciary and the Committee on Appropriations of the 
     Senate, the Committee on the Judiciary and the Committee on 
     Appropriations of the House of Representatives, and the 
     Special Master a report that includes the determination of 
     the Comptroller General on--

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

     SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL 
                   TERRORISM CLAIMS AGAINST SUDAN.

       (a) Findings.--Congress makes the following findings:
       (1) It is the long-standing policy of the United States 
     that civil lawsuits against those who support, aid and abet, 
     and provide material support for international terrorism 
     serve the national security interests of the United States by 
     deterring the sponsorship of terrorism and by advancing 
     interests of justice, transparency, and accountability.
       (2) Neither the claims agreement, nor any other aspect of 
     the effort to normalize relations with Sudan--
       (A) resolved claims against Sudan involving victims and 
     family members of the September 11, 2001, terrorist attacks; 
     or
       (B) otherwise advanced the interests of the victims and 
     family members of the September 11, 2001, terrorist attacks.
       (3) The claims referenced in paragraph (2)(A) remain 
     pending in the multidistrict proceeding 03-MDL-1570 in the 
     United States District Court for the Southern District of New 
     York, and subsection (c) preserves and protects those claims.
       (b) Sense of Congress.--It is the sense of Congress that 
     the executive branch should not file a Statement of Interest 
     or any other submission, or intervene in any other way, in 
     the multidistrict proceeding 03-MDL-1570, in connection to 
     the rescission of the designation of Sudan as a state sponsor 
     of terrorism or the restoration of Sudan's immunities from 
     jurisdiction and execution in conformity with this Act, if 
     such action would disadvantage terrorism victims.
       (c) In General.--Nothing in this Act shall apply to, be 
     construed to apply to, or otherwise affect--
       (1) any claim in any of the proceedings comprising the 
     multidistrict proceeding 03-MDL-1570 in the United States 
     District Court for the Southern District of New York brought 
     by any person who, as of the date of the enactment of this 
     Act, has a claim pending against Sudan (including as a member 
     of a class certified under Rule 23 of the Federal Rules of 
     Civil Procedure or as a putative member of such a class 
     pending certification); or
       (2) the enforcement of any judgment in favor of such person 
     entered in such proceeding.
       (d) Applicable Law.--Proceedings described in subsection 
     (c) shall be governed by applicable law in effect before the 
     date of the enactment of this Act, including--
       (1) chapter 97 of title 28, United States Code (commonly 
     known as the ``Foreign Sovereign Immunities Act of 1976''), 
     including 28 U.S.C. 1605A note;
       (2) section 201 of the Terrorism Risk Insurance Act of 2002 
     (Public Law 107-297; 28 U.S.C. 1610 note), with respect to 
     any asset that, on or after the date of enactment of this 
     Act, is designated as a blocked asset (as defined in 
     subsection (d)(2) of that section);
       (3) rules governing the rights of parties to amend 
     pleadings; and
       (4) other relevant provisions of law.
       (e) Rule of Construction.--Nothing in this section shall 
     alter, impact the interpretation of, or otherwise affect--
       (1) any section of chapter 97 of title 28, United States 
     Code; or
       (2) any other provision of law.

     SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES 
                   CITIZENS AND FOREIGN NATIONALS.

       (a) Compensation.--
       (1) In general.--There is authorized to be appropriated 
     $150,000,000 for payment of compensation, notwithstanding any 
     other provision of law, to any individual who--
       (A) has been awarded a judgment in any of the cases set 
     forth in section (c) of the Annex to the claims agreement; 
     and
       (B) is--
       (i) a United States employee or contractor injured in 
     connection with the bombings of the United States embassies 
     located in Nairobi, Kenya, and Dar es Salaam, Tanzania, who 
     became a United States citizen after August 7, 1998, and 
     before the date of the enactment of this Act;
       (ii) a family member--

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

       (iii) a family member--

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

       (2) Payments.--With the requirement of achieving parity in 
     compensation between individuals who became United States 
     citizens after August 7, 1998, and individuals who were 
     United States citizens on or before August 7, 1998, payment 
     of compensation under paragraph (1) to--
       (A) an individual described in paragraph (1)(B)(i) shall be 
     based on the same standards used to determine the 
     compensation for an employee or contractor injured in 
     connection with the bombings described in that paragraph who 
     was a United States citizen on or before August 7, 1998;
       (B) an individual described in paragraph (1)(B)(ii) shall 
     be on an equal basis to compensation provided to a family 
     member of an individual described in subparagraph (A); and
       (C) an individual described in paragraph (1)(B)(iii) shall 
     be on an equal, or, where applicable, a pro rata basis to 
     compensation provided to a family member of a United States 
     employee or contractor who was a United States citizen killed 
     during such bombings.
       (b) Distribution and Requirements.--
       (1) Distribution.--The Secretary shall distribute payments 
     from funds made available to carry out subsection (a)(1) to 
     individuals described in that subsection.
       (2) Authorization letter.--Not later than December 31, 
     2021, the Secretary shall send a letter to each individual 
     who will receive payment under paragraph (1) informing the 
     individual of the amount of compensation the individual will 
     receive pending the execution of any writings under paragraph 
     (3), and the standards used to determine compensation under 
     subsection (a)(2), taking into account the individual's final 
     judgment amount.
       (3) Requirement before distribution.--Before making a 
     payment to an individual under paragraph (1), and after the 
     delivery of the authorization letter under paragraph (2), the 
     Secretary shall require the individual to execute a writing 
     that includes a waiver and release of all the individual's 
     rights to assert claims for compensatory or other relief in 
     any form or to enforce any judgment against Sudan in 
     connection with, and any claims against the United States 
     related to, any claim, suit, or action specified in Article 
     II of the claims agreement.
       (c) Foreign Nationals.--Notwithstanding any other provision 
     of law or the claims agreement--
       (1) individuals described in subsection (a)(1) are not 
     eligible to receive any compensation as provided by Sudan 
     pursuant to Article III of the claims agreement; and
       (2) the funds provided by Sudan for distribution of 
     compensation to such individuals pursuant to the Annex of the 
     claims agreement shall be redistributed--
       (A) among all other individuals eligible for compensation 
     under section (c) of the Annex to the claims agreement 
     consistent with the principles set out in that Annex; or
       (B) if Sudan and the foreign nationals eligible for 
     compensation reach a private settlement, then pursuant to the 
     terms of that settlement.
       (d) Department of State Reporting Requirements.--
       (1) Initial report.--Not later than 90 days after the date 
     of the enactment of this Act, the Secretary shall submit to 
     the appropriate congressional committees a report that 
     includes a detailed description of the plan of the Department 
     of State for the distribution of payments to each category of 
     individual described in subsection (a)(1), including how the 
     Department is arriving at compensation levels for each 
     individual and the amount of compensation each such 
     individual will receive from funds made available to carry 
     out that subsection.
       (2) Updated report.--Not later than December 31, 2021, the 
     Secretary shall submit to the appropriate congressional 
     committees a report describing--
       (A) whether the distribution plan described in paragraph 
     (1) was carried out; and
       (B) whether compensation levels were provided as described 
     in the report required by paragraph (1).
       (e) Comptroller General Report.--Not later than December 
     31, 2022, the Comptroller General of the United States shall 
     submit to the

[[Page H7877]]

     appropriate congressional committees a report assessing the 
     implementation of this section by the Department of State, 
     including whether--
       (1) all distributions were made in accordance with the 
     requirements of subsections (a), (b), and (c); and
       (2) all individuals described in subsection (a)(1) received 
     compensation from amounts made available to carry out that 
     subsection in the manner described in subsection (a)(2).

     SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.

       (a) Findings.--Congress makes the following findings:
       (1) Congress and the executive branch share responsibility 
     for the foreign relations of the United States pursuant to 
     Article I and Article II of the Constitution of the United 
     States.
       (2) All legislative powers of the Federal Government, 
     including on matters of foreign relations, are vested in the 
     Congress of the United States pursuant to section 1 of 
     Article I of the Constitution.
       (3) The executive branch may not direct Congress to take 
     any action, nor may it convey any legislative or other power 
     assigned to Congress under the Constitution to any entity, 
     domestic or foreign.
       (4) The original escrow release conditions agreement 
     prescribed specific legislative text and purported both to 
     require enactment of such text and provide a veto to Sudan 
     over exceptions to that text.
       (5) Congress rejected the approach described in paragraph 
     (4).
       (6) The executive branch and Sudan subsequently amended the 
     escrow release conditions agreement to eliminate the specific 
     legislative text as well as the purported requirement for 
     enactment and the purported veto over exceptions to that 
     text.
       (b) Amendment to Case-Zablocki Act.--Section 112b of title 
     1, United States Code, is amended by adding at the end the 
     following:
       ``(g) It is the sense of Congress that the executive branch 
     should not prescribe or otherwise commit to or include 
     specific legislative text in a treaty or executive agreement 
     unless Congress has authorized such action.''.

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

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Theodore Roosevelt 
     Presidential Library Conveyance Act of 2020''.

     SEC. 1802. DEFINITIONS.

       In this Act:
       (1) Map.--The term ``map'' means the map entitled ``Project 
     Number P08122-2016-009'', depicting a 93 acre site in 
     sections 21 and 28, T. 140 N., R. 102 W., Billings County, 
     North Dakota, and dated December 8, 2020.
       (2) Presidential library.--The term ``Presidential 
     Library'' means the Theodore Roosevelt Presidential Library 
     Foundation, a North Dakota nonprofit corporation.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.

     SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND 
                   TO THE PRESIDENTIAL LIBRARY.

       (a) Conveyance.--Subject to this section, if the 
     Presidential Library submits to the Secretary not later than 
     1 year after the date of enactment of this Act a written 
     request for the conveyance of the approximately 93 acres of 
     National Forest System land, as generally depicted on the 
     map, the Secretary shall, on the earliest date practicable, 
     convey to the Presidential Library by quitclaim deed all 
     right, title, and interest of the United States in and to 
     that land.
       (b) Consideration.--As consideration for the conveyance of 
     land under subsection (a), the Presidential Library shall pay 
     to the Secretary an amount equal to the market value of the 
     land, as determined by the appraisal conducted under 
     subsection (d).
       (c) Terms and Conditions.--The conveyance under subsection 
     (a) shall be subject to--
       (1) valid existing rights;
       (2) the reservation of easements, as depicted on the map, 
     for public use on--
       (A) the Maah Dah Hey National Trail; and
       (B) Forest Service Road #7471 and the unnumbered Forest 
     Service road; and
       (3) any other terms and conditions that the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (d) Appraisal.--The Secretary shall conduct an appraisal of 
     the land to be conveyed under subsection (a) in accordance 
     with--
       (1) the Uniform Appraisal Standards for Federal Land 
     Acquisitions;
       (2) the Uniform Standards of Professional Appraisal 
     Practice; and
       (3) any other applicable law (including regulations).
       (e) Costs of Conveyance.--As a condition for the conveyance 
     under subsection (a), and in addition to the consideration 
     paid under subsection (b), the Presidential Library shall pay 
     all costs associated with the conveyance, including--
       (1) the survey to Federal standards described in subsection 
     (f); and
       (2) the appraisal conducted under subsection (d).
       (f) Survey.--The exact acreage and legal description of the 
     land to be conveyed under subsection (a) shall be determined 
     by a survey satisfactory to the Secretary.
       (g) Deposit and Use of Proceeds.--All funds received under 
     subsection (b) shall be--
       (1) deposited in the fund established by Public Law 90-171 
     (commonly known as the Sisk Act) (16 U.S.C. 484a); and
       (2) available to the Secretary, until expended, for the 
     acquisition of land or interests in land for inclusion in the 
     National Forest System in the State of North Dakota.

        TITLE XIX--UNITED STATES-MEXICO ECONOMIC PARTNERSHIP ACT

     SEC. 1901. SHORT TITLE.

       This title may be cited as the ``United States-Mexico 
     Economic Partnership Act''.

     SEC. 1902. FINDINGS.

       Congress finds the following:
       (1) The United States and Mexico have benefitted from a 
     bilateral, mutually beneficial partnership focused on 
     advancing the economic interests of both countries.
       (2) In 2013, Mexico adopted major energy reforms that 
     opened its energy sector to private investment, increasing 
     energy cooperation between Mexico and the United States and 
     opening new opportunities for United States energy 
     engagement.
       (3) On January 18, 2018, the Principal Deputy Assistant 
     Secretary for Educational and Cultural Affairs at the 
     Department of State stated, ``Our exchange programs build 
     enduring relationships and networks to advance U.S. national 
     interests and foreign policy goals . . . The role of our 
     exchanges . . . in advancing U.S. national security and 
     economic interests enjoys broad bipartisan support from 
     Congress and other stakeholders, and provides a strong return 
     on investment.''.
       (4) According to the Institute of International Education, 
     in the 2015-2016 academic year, more than 56,000 United 
     States students studied in other countries in the Western 
     Hemisphere region while more than 84,000 non-United States 
     students from the region studied in the United States, but 
     only 5,000 of those United States students studied in Mexico 
     and only 16,000 of those non-United States students were from 
     Mexico.

     SEC. 1903. STATEMENT OF POLICY.

       It is the policy of the United States--
       (1) to continue deepening economic cooperation between the 
     United States and Mexico;
       (2) to seek to prioritize and expand educational and 
     professional exchange programs with Mexico, including through 
     frameworks such as the 100,000 Strong in the Americas 
     Initiative, the Young Leaders of the Americas Initiative, 
     Jovenes en Accion (Youth in Action), the Fulbright Foreign 
     Student Program, and the Fulbright Visiting Scholar Program; 
     and
       (3) to promote positive cross-border relations as a 
     priority for advancing United States foreign policy and 
     programs.

     SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND 
                   PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO.

       (a) In General.--The Secretary of State shall develop a 
     strategy to carry out the policy described in section 1903, 
     to include prioritizing and expanding educational and 
     professional exchange programs with Mexico through frameworks 
     such as those referred to in section 1903(2).
       (b) Elements.--The strategy required under subsection (a) 
     shall--
       (1) encourage more academic exchanges between the United 
     States and Mexico at the secondary, post-secondary, and post-
     graduate levels;
       (2) encourage United States and Mexican academic 
     institutions and businesses to collaborate to assist 
     prospective and developing entrepreneurs in strengthening 
     their business skills and promoting cooperation and joint 
     business initiatives across the United States and Mexico;
       (3) promote energy infrastructure coordination and 
     cooperation through support of vocational-level education, 
     internships, and exchanges between the United States and 
     Mexico; and
       (4) assess the feasibility of fostering partnerships 
     between universities in the United States and medical school 
     and nursing programs in Mexico to ensure that medical school 
     and nursing programs in Mexico have comparable accreditation 
     standards as medical school and nursing programs in the 
     United States by the Accreditation and Standards in Foreign 
     Medical Education, in addition to the Accreditation 
     Commission For Education in Nursing, so that medical students 
     can pass medical licensing board exams, and nursing students 
     can pass nursing licensing exams, in the United States.
       (c) Briefing.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of State shall brief 
     the appropriate congressional committees regarding the 
     strategy required under subsection (a).

     SEC. 1905. DEFINITIONS.

       In this Act, the term ``appropriate congressional 
     committees'' means--
       (1) the Committee on Foreign Relations of the Senate; and
       (2) the Committee on Foreign Affairs of the House of 
     Representatives.

     SEC. 1906. SUNSET PROVISION.

       This Act shall remain in effect until December 31, 2023.

                      TITLE XX--PORT SURVEILLANCE

     SEC. 2001. PORT SURVEILLANCE.

       (a) CPSC Surveillance Personnel During the COVID-19 
     Pandemic.--For the duration of a public health emergency 
     declared pursuant to section 319 of the Public Health Service 
     Act (42 U.S.C. 247d) as a result of confirmed cases of 2019 
     novel coronavirus (COVID-19), including any renewal thereof, 
     the Commission shall ensure, to the maximum extent feasible, 
     that investigators are stationed at ports of entry to protect 
     the public against unreasonable risk of injury from consumer 
     products, with the goal of covering no fewer than 90 percent 
     of all consumer products entering the United States that are 
     risk-scored in the Risk Assessment Methodology system. The 
     Commission shall consult with United States Customs and 
     Border Protection, and other relevant agencies, including 
     health and safety agencies, on methods to safely staff ports 
     during the pandemic.
       (b) Additional CPSC Surveillance Personnel at Key Ports of 
     Entry.--The Commission shall hire, train, and assign not 
     fewer than

[[Page H7878]]

     16 additional full-time equivalent personnel to be stationed 
     at or supporting efforts at ports of entry, including ports 
     of entry for de minimis shipments, for the purpose of 
     identifying, assessing, and addressing shipments of violative 
     consumer products. Such hiring shall continue during each 
     fiscal year until the total number of full-time equivalent 
     personnel equals and sustains the staffing requirements 
     identified in the report to Congress required under 
     subsection (c)(2)(F).
       (c) Report to Congress.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this section, the Commission shall transmit to 
     Congress, and make publicly available, a study and report 
     assessing the risk to consumers associated with the reduction 
     in Commission port inspection activity during the COVID-19 
     pandemic and the targeting and screening of de minimis 
     shipments.
       (2) Report requirements.--In the study and report, the 
     Commission shall--
       (A) identify--
       (i) the risks associated with the reduction in Commission 
     port inspection activity during the COVID-19 pandemic;
       (ii) the extent to which the reduction in port inspection 
     activity is linked to inadequate Commission resources or due 
     to shortages of trained Commission staff due to the COVID-19 
     pandemic; and
       (iii) the steps the Commission has taken and plans to take 
     to mitigate those risks, such as recalls, inspections of 
     product inventory, consumer warnings, and other appropriate 
     measures;
       (B) examine a sampling of de minimis shipments at a 
     sufficient and representative sample of all types of ports of 
     entry where de minimis shipments are processed, including 
     express consignment carrier facilities, international mail 
     facilities, and air cargo facilities to assess the extent to 
     which such shipments include violative consumer products;
       (C) examine a sampling of shipments coming from countries 
     identified as high-risk for exporting violative consumer 
     products to identify trends associated with the shipment of 
     products containing both intellectual property rights 
     infringements and consumer product safety violations;
       (D) detail plans and timelines to effectively address 
     targeting and screening of de minimis shipments to prevent 
     the entry of violative consumer products entering into the 
     commerce of the United States taking into consideration 
     projected growth in e-commerce;
       (E) establish metrics by which to evaluate the 
     effectiveness of the Commission efforts to reduce the number 
     of de minimis shipments containing violative consumer 
     products from entering into the commerce of the United 
     States; and
       (F) assess projected technology and resources, including 
     staffing requirements necessary to implement such plans based 
     on available and needed Commission resources.
       (d) Definitions.--In this section--
       (1) the term ``Commission'' means the Consumer Product 
     Safety Commission;
       (2) the term ``de minimis shipments'' means articles 
     containing consumer products entering the United States under 
     the de minimis value exemption in 19 U.S.C. 1321(a)(2)(C);
       (3) the term ``ports of entry for de minimis shipments'' 
     means environments where de minimis shipments are processed, 
     including express consignment carrier facilities, 
     international mail facilities, and air cargo facilities; and
       (4) the term ``violative consumer products'' means consumer 
     products in violation of an applicable consumer product 
     safety rule under the Consumer Product Safety Act or any 
     similar rule, regulation, standard, or ban under any other 
     Act enforced by the Commission.
       (e) Savings Clause.--Nothing in this section shall be 
     construed to limit, affect, or conflict with any other 
     authority of the Commission or any other statutory 
     requirements governing the Commission.

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

     SEC. 2101. COVID-19 REGULATORY RELIEF AND WORK FROM HOME 
                   SAFETY ACT.

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

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

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